The Environmental Protection Agency issued the Non-Hazardous Secondary Materials (NHSM) rule under the Resource Conservation and Recovery Act in December 2012. Published in the Federal Register Feb. 7, the highly controversial rule defines which secondary materials combusted as fuels (such as used oil and plastics, wood trimmings, and scrap tires) will be ‘‘solid waste’’ for purposes of triggering incinerator standards under the Clean Air Act. Facilities (such as boilers, process heaters, and cement kilns) using fuels the NHSM rule defines as solid waste are regulated under Clean Air Act § 129’s standards for Commercial and Industrial Solid Waste Incinerators (CISWIs), while facilities using fuels that escape the solid waste designation are regulated under Clean Air Act §112 NESHAP or MACT standards.

The great majority of industry parties consider the NESHAP regime far preferable to the CISWI regime. As the NHSM rule has evolved over the last few years, industry advocates have urged EPA to craft the rule in a manner that lets many fuels “out” of the solid waste definition. Industry advocates have met with much success in their efforts, and the new final NHSM rule provides many more “out” opportunities than the rule EPA originally proposed.

This 90-minute webinar is designed to:

• Analyze the background and function of the NHSM rule, including which types of facilities may be regulated as incinerators under CISWI standards
• Outline the basic framework of the new NHSM rule
• Compare the final version of the rule with more "out" opportunities to earlier versions
• Evaluate when “comfort” might be obtained
• Discuss the likelihood of follow-up litigation challenging the new NHSM rule

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar and get a $75 discount as a BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:00 a.m. to 8:00 p.m. ET, excluding most federal holidays.

Don’t miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with Bloomberg BNA you also get:

• Quality. Count on it. Nothing is canned.
• Objectivity. BNA provides you with the best and most objective information. Unlike other companies, we don’t use our Webinars as a forum to sell outside solutions.
• Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
• Convenience. No airlines. No travel. No time out of the office.

In addition, you’ll receive:

• Personal attention. Once you’ve registered, send your questions in advance to annebrown@bna.com and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
• Follow-up materials. You need no materials upfront to follow along to our live conference. But BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
• CLE credits will be available for this EHS Webinar. 

Richard G. Stoll and Catherine M. Basic, Foley & Lardner LLP

Richard G. Stoll is a partner in the Washington, D.C. office of Foley & Lardner LLP. He is a member of the firm’s environmental practice, and concentrates on federal administrative and environmental law matters. Dick has been practicing environmental law since the 1970s, when he joined the EPA Office of General Counsel. He was involved in the development of regulations under the Clean Air Act, Clean Water Act, and RCRA, and with the interpretation and application of those rules. Upon leaving EPA, Dick was deputy general counsel of the Chemical Manufacturers Association (now the American Chemistry Council). Each year since 1989, Dick has been selected by his peers for inclusion in The Best Lawyers in America, and has been listed in Chambers USA: America's Leading Business Lawyers since 2003. Dick also is listed in the International Who's Who of Business Lawyers and each year from 2007 through 2012, he has been selected for inclusion in the Washington, D.C. Super Lawyers lists in environmental law.


Catherine M. Basic is an associate with Foley & Lardner LLP and is a member of the firm’s environmental regulation practice. During law school, Cathy served as a judicial extern to Magistrate Judge Sidney I. Chunkier of the U.S. District Court, Northern District of Illinois; was a summer associate with Foley (2010); and a legal assistant to the director of the Appellate Advocacy Program at the Bloom Legal Clinic. Cathy earned a bachelor’s degree in political science from Northwestern University in 2007 and a law degree from Northwestern University School of Law in 2011. Cathy is admitted to practice in Wisconsin and is a member of the State Bar of Wisconsin and the Milwaukee Young Lawyer’s Association.