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Regulatory AnalysisStrategic Environmental Analysis , L.C. (SEA) is an environmental management consulting firm that serves clients in the hazardous waste, radioactive waste, solid waste, recycling and wastewater fields by analyzing the impact of business, regulatory and technology factors on the environmental services marketplace, and by devising strategies to cope with future market conditions. SEA's areas of practice include custom market surveys, due diligence investigations, regulatory analysis, expert witness testimony and litigation support, and technology assessments, multi-client research, and policy development and representation projects. Analysis of a current or pending regulatory change on a host of supply and demand factors is the cornerstone of virtually all of SEA’s Areas of Practice, especially Market Studies and Due Diligence Investigations. Regulatory analyses also involve narrower inquiries into the impact of a Federal or State regulation or policy on a facility, region, or competitor. Given SEA’s 32 years of experience in drafting and implementing national and state waste management policy, and having worked with over 200 firms since 1979, we are uniquely qualified to provide insight into the impacts and potential consequences of regulatory and policy changes on a given market sector or the national market. The links listed below summarize some of SEA’s recent and historcial Regulatory Analysis Projects: Agricultural Wastes Prepared an Expert Report regarding the scope and applicability of RCRA’s agricultural waste exclusion in a case involving a claim of public and environmental endangerment from such wastes. Central Wastewater Treatment Facilities Developed policy and comments on EPA’s proposal to revise regulatory standards for Central Wastewater Treatment Facilities. Clean Water Act Regulations Incorporated analysis of relevant Clean Water Act requirements in numerous due diligence and expert case work since 1994 Coal Combustion Residuals Rulemaking SEA was retained by a consortium of national environmental groups to analyze the historical impact of RCRA regulations on the recycling of hazardous waste since the inception of the Program in 1980. Final report also analyzed the many false claims of “stigma” purportedly associated with RCRA regulation of waste recycling practices. Comprehensive Hazardous Waste Market Study Conducted a comprehensive assessment of all sectors of the hazardous waste marketplace to identify both optimal sectors for market entry and target companies for acquisition for a European firm. Study required ranking of all market sectors based on likely growth potential taking into account all relevant supply and demand factors. Once sectors were ranked, SEA and its partners were required to identify and rank acquisition targets in the sectors of interest identified by the client. Study led to successful market entry and selected acquisitions. Ethylene Dichloride (EDC) Spill SEA was retained to prepare an Expert Report on the regulatory status of ethylene dichloride spills under RCRA and CERCLA. The Report was used in an ongoing dispute regarding liability for spill of ethylene dichloride in the Gulf Coast region. High-Level Mixed Radioactive Waste SEA assisted a government contractor in determining the origins, scope and purposes of the treatability testing provisions of RCRA. SEA prepared an Expert Report in this regard for use in an ongoing dispute with a State Agency over the proper interpretation of this provision. SEA determined that the State’s interpretation was inconsistent with the origins purpose and historical implementation of RCRA’s treatability provision. High-Level Mixed Radioactive Waste - Permitting SEA was retained by a national environmental group to assess the applicability of RCRA’s substantive and permitting requirements to the ongoing treatment of mixed high-level radioactive wastes at a governmental facility. In particular, SEA assessed the legitimacy of claims by a government contractor of exemptions under RCRA by virtue of the waste water treatment tank and totally enclosed treatment exclusions. This case was resolved to the satisfaction of all parties involved. Radioactive Waste Remediation SEA was retained as a Superfund (CERCLA) regulatory and policy expert in a case involving the remediation of a radioactive material processing site in the southern U.S. Prepared an expert report highlighting the inconsistency in the application of the “useful products” doctrine to governmental defendants as compared to private party defendants in the Case. Recycling Facility Siting and Permitting A firm which provides environmental services to the computer industry sought to locate a recycling facility for their proprietary modules in the Mid-Atlantic region. SEA assisted the firm with all phases of facility siting and permitting including an assessment of the applicability of state and Federal RCRA regulations and related environmental statutes. RCRA Non-compliance at a Steel Plant A group of private parties retained SEA to provide guidance on the applicable RCRA regulations and to prioritize the historical and ongoing violations at a major steel production facility. Superfund Site Delisting Policy SEA was retained to investigate the origins and scope of the CERCLA site delisting policy and the roles and responsibilities of state, federal and local officials in this process. Unpermitted Burning SEA was retained by a government agency to support an ongoing enforcement action against a recycling facility burning and blending hazardous waste without possessing the proper RCRA permit. Prepared an Expert Report regarding the scope and applicability of RCRA’s incineration and thermal destruction regulations to the facility in question. Wastewater Litigation Expert Regulatory Support Provided expert support in two cases involving apparent violations of local, state, and/or Federal Clean Water Act requirements. Cases involved research and analysis of all applicable CWA requirements and local rules, and selected research into the effects of the chemical and biological agents involved. Both cases were resolved to the satisfaction of the client group. Historical Projects
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