Compliance Counseling

Schiff Hardin's Environmental Group has long been preeminent for its handling of complex waste, air and water issues under federal, state and local laws and regulations. Some of the ways in which we regularly assist clients with understanding and complying with these laws and regulations include:

Regulatory Compliance

  • Interpreting and assessing applicability of statutory and regulatory requirements
  • Determining waste characterization and disposal requirements
  • Evaluating reporting requirements and preparing necessary reports, including reporting exceedances, deviations and malfunctions

Permits and Permit Appeals

  • Obtaining Title V, federally enforceable state operating permit (FESOP), and state construction and operating permits for major, minor or area sources
  • Obtaining state construction and operating permits for pollution control devices
  • Obtaining NPDES permits
  • Seeking modifications  of permit conditions due to process, equipment or other facility changes
  • Obtaining regulatory flexibility in operating permits
  • Understanding and developing procedures for complying with permits

New Source Review

  • Performing emissions analyses
  • Evaluating applicability of exclusions
  • Fulfilling pre- and post-project recordkeeping and reporting obligations triggered by the "reasonable possibility" provisions of the regulations

Auditing and Internal Investigations

  • Developing goals, procedures and management reporting for internal audits
  • Developing protocols for operational, permit, and recordkeeping audits
  • Designing and conducting internal corporate investigations of alleged wrongdoing

Enforcement and Litigation

  • Responding to Notices of Violation
  • Responding to subpoenas and Requests for Information, including those pursuant to Section 114 of the CAA and 104(e) of CERCLA
  • Negotiating settlement agreements
  • Litigating enforcement matters in administrative or judicial proceedings

Rulemaking

  • Analyzing proposed rules
  • Preparing comments on behalf of a company or a group of companies
  • Petitioning for site-specific rules
  • Petitioning for variances

Modeling

  • Working with statistical, environmental and economic modelers to prepare data required by permits or useful for rulemakings, enforcement actions or other compliance purposes
  • Working with companies to protect confidentiality of information generated by business models

Conformity and NEPA

  • Advising on federal general and transportation conformity requirements
  • Advising on National Environmental Policy Act (NEPA) air quality issues

Waste-Specific Issues

  • Interpreting federal, state and local laws and regulations regarding hazardous and solid waste classifications 
  • Counseling  coal-fired power generators regarding state and federal regulatory requirements for coal ash disposal, ash pond operation and closure, and wastewater discharges from ash ponds

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