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June 11, 2010

On May 27, 2010, Taft co-hosted a seminar with the Indiana Manufacturers Association and Keramida Environmental on “Sustainable Success in the New Regulatory Climate.” Participants listened intently as Tom Easterday of Subaru explained how Subaru sustainability program has saved millions of dollars by reducing waste, reusing materials, and recycling. Participants also heard from Greg Spratt of Eli Lilly, Ray Brooks of OFS Brands, and Mary Gordon of Electro-Spec on their sustainability initiatives, challenges, and successes.

Participants also heard directly from EPA and IDEM on their regulatory enforcement priorities. EPA Region 5’s Chief of Air Enforcement Nathan Frank explained EPA’s successes in New Source Review (“NSR”) enforcement against coal-fired power plants. He then explained how EPA and Region 5, in particular, are targeting the cement industry, acid production, glass manufacturing, and lime production facilities for possible NSR enforcement using the same successful strategies utilized against coal-fired power plants. Region 5 is also looking at enforcement concerning non-recovery ovens for coke batteries, sulfur waste in landfills, and iron and steel facilities. EPA has issued and will continue to issue CAA Section 114 requests for information to determine whether enforcement is necessary. IDEM Assistant Commissioner of the Office of Water Bruno Pigott likewise explained IDEM’s water enforcement priorities, including adopting an anti-degradation rule by year’s end, developing a new rule for water quality standards for nutrients in lakes, developing general permits for permits currently issued under general permit rules adopted by the Water Quality Board, backlogged NPDES individual permits, and addressing problems associated with semi-public wastewater treatment systems and sanitary sewer overflows.

These topics meshed well with Taft’s presentations by Bob Clark addressing how to respond and assert protections over confidential business information produced in response to EPA Section 114 information requests and Bill Wagner addressing anti-degradation and proactively responding to citizen suits.

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