| Contributor:
Jon S. Faletto
Business Title: Partner Contact Information: Affiliation: Howard & Howard: Founded in 1869, Howard and Howard Attorneys, P.C. ("Howard & Howard") is a full service law firm providing national and international legal services from four offices located in Illinois and Michigan. The Firm’s objective is to provide the highest quality legal services, promptly and efficiently, to maximize value to our clients. Howard and Howard was one of the first midwestern firms to develop a sophisticated environmental law practice. The nine attorneys which compromise our Environmental Law Practice Group has more than 120 years of aggregated experience in all substantive areas of environmental law. As a team of environmental specialists, our attorneys have the expertise to address the increasing complexity of federal, state and local environmental programs. Sophisticated corporate clients have recognized our expertise and results-oriented approach. Biography: Mr. Faletto is admitted to practice in Illinois, Missouri, Michigan, and Indiana. He is also admitted to the United States District Courts for the Northern and Southern Districts of Indiana, and the U. S. Court of Appeals for the Seventh and D. C. Circuits. Mr. Faletto received a B.S. degree in Environmental Science from the University of Illinois and a J.D. degree from the Illinois Institute of Technology, Chicago-Kent College of Law. He has authored several articles of environmental law, including: "Negotiating Resolution of Environmental Enforcement Actions," published in the Northern Illinois University Law Review, 1998, "Enhanced Clean Air Act Enforcement, " published in Metal Finishing, May 1997, "Environmental Law Survey (Clean Air Act), " published in The Wayne Law Review, 1994; and "Update: Clean Air Act Amendments – Title V Implementation, " which was published in the Michigan Lawyers Weekly. Mr. Faletto frequently lectures at seminars dealing with complex areas of environmental law. He is a former Assistant Regional Counsel with the U.S. Environmental Protection Agency where he handled CERCLA and RCRA enforcement cases and permitting matters. Mr. Faletto also held the position of Environmental Licensing Manager with Power Division of Black and Vcatch Engineers. Mr. Faletto concentrates his practice in environmental law with emphasis on air permitting and enforcement issues. |
| Title
of Presentation: Clean Air Act Update: Current Issues and Future
Developments
Author: Jon S. Faletto Key Words: Clean Air Act, CAA, Enforcement Trends, Ozone, Particulate, Standards, New Source Review, NSR, NOX, SIP Abstract: Understanding and ensuring compliance with the Clean Air Act ("CAA") regulatory programs poses one of the greatest challenges to environmental professionals today. This presentation explores critical provisions of the CAA and identifies current and future trends in the regulation and enforcement of CAA provisions.The U. S. Supreme Court’s ultimate decision on the constitutionality of the proposed ozone and particulate standards will have a tremendous impact on future regulation, particularly in urban areas. It will also impact the permitting requirements applicable to many existing industrial facilities and combustion sources. USEPA’s trend towards tightening and enforcing the New Source Review ("NSR") provisions is another issue critical to industry. Currently USEPA has targeted and is prosecuting electric utilities for enforcement under the NSR provisions. USEPA has indicated that petroleum refineries, the pulp and paper industry, and chemical and glass manufacturers will be targeted next. USEPA has also demanded that certain Midwestern and Eastern states substantially reduce their NOx emissions through issuance of the Nox SIP Call. This presentation will identify key areas of the SIP Call, its potential effects on industry, as well as legal challenges to such. Finally, all environmental professional must be aware of the USEPA’s recently issued "federally permitted release" guidance and how compliance with the guidance will impact reporting obligations and affect future permitting strategies. |