Conrad Law & Policy Counsel
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Environment, Health & Safety

 
Capability:

Conrad has practiced environmental law his whole career. He has worked extensively under all the major federal environmental statutes, with particular emphasis on the Clean Air Act, the Clean Water Act, the Resource Conservation & Recovery Act, Superfund, the Emergency Planning & Community Right-to-Know Act, and their counterparts in many states. Since starting his own practice, he has also worked increasingly in the area of occupational safety and health. His responsibilities have involved:
  • Obtaining several of the few amendments to environmental laws that have been enacted since 1990;
     
  • Challenging and supporting EPA rules in court;
     
  • Regulatory compliance advice;
     
  • Obtaining and defending permits;
     
  • Defending EPA and state enforcement cases;
     
  • Negotiating, overseeing and conducting cost recovery for cleanups of contaminated sites under Superfund, RCRA, state cleanup laws, and voluntarily;
     
  • Representing buyers and sellers on the environmental issues in transactions.
 
Conrad has broad experience supporting valuable EPA programs, improving flawed EPA initiatives and stopping or reforming problematic ones. He understands how to create and work with coalitions and ad hoc groups of affected parties to maximize leverage.

Conrad has specialized in enforcement and compliance management issues, including EPA's Audit Policy.

 
Track Record:

Since 2008, Conrad has advised SOCMA on all environmental, health & safety advocacy issues. Recent areas of focus have encompassed TSCA reauthorization and implementation of the revised statute; the Chemical Data Reporting rule; Clean Air Act MACT, area source and permitting matters; the RCRA definition of solid waste; SPCC rules; EPA's audit policy; OSHA risk assessment policy; the Chemical Safety & Hazard Investigation Board, and regulatory reform.

Conrad is a consultant to a major association and a Fortune 50 company on regulatory reform matters. In the former capacity, he played a fundamental role in conceptualizing and assisting in the drafting of the Federal Permitting Improvement Act, enacted as Title 41 of the FAST Act, Pub. L. No. 114-94.

Conrad represents the National Industrial Sand Association and the International Diatomite Producers Association in connection with OSHA and MSHA rulemakings on crystalline silica.

Conrad assisted the National Rural Electric Cooperative Association in successfully persuading EPA to issue rules that maximize the ability of states to regulate coal combustion residuals under Subtitle D of RCRA.

Conrad has assisted the International Fragrance Association North America in connection with OSHA's approach to permissible exposure limits (PELs).

Conrad has advised a major multinational corporation on TSCA reauthorization issues and a Canadian oil producer on TSCA reporting issues.

Conrad has served as counsel to Excellence Through Stewardship, an industry initiative to promote the responsible management of plant biotechnology, primarily by developing and encouraging implementation of product stewardship practices and educating the public about those practices.

Conrad has also advised a small natural gas exploration & production company on NEPA and appropriations issues.

Conrad has assisted ACC (previously known as the Chemical Manufacturers Association or CMA) occasionally on matters involving agency use of science in regulation, regulatory reform, OSHA's approach to PELs, and the Responsible Care initiative. While he worked at ACC, he:

  • Was responsible for much of ACC's RCRA advocacy, as counsel to work groups on hazardous waste combustion, waste identification, RCRA legislation, nonhazardous waste, and interstate waste restrictions. He provided leadership to ACC's successful advocacy for a "comparable fuels" exemption from RCRA regulation. He coauthored CMA's intervenor brief in Military Toxics Project v. EPA, 146 F.3d 948 (D.C. Cir. 1998), a landmark decision that upheld the concept of "conditional exemption" from hazardous waste regulation.
     
  • Helped draft and enact the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (Pub. L. No. 106-40, 42 U.S.C. § 7412(r)(7)(H)) and the associated committee report. This law kept EPA from posting worst-case chemical release scenarios on the internet.
     
  • Worked closely with CEQ, EPA and an industry coalition to draft and enact the Land Disposal Program Flexibility Act (Pub. L. No. 104-119, codified in scattered sections of 42 U.S.C. chapter 82). This law freed formerly hazardous wastes from treatment for treatment's sake under the RCRA LDRs.
     
  • Played a significant role in design and initial launch of EPA Performance Track program. He also founded the Performance Track Participants Association.
     
  • Headed a group that sued EPA over its prior guidance on federally-permitted releases and negotiated the current, more workable guidance.
     
  • Led the regulated community's efforts to: turn EPA Region VII's "Continuous Release Reporting" enforcement initiative into a valuable TRI amnesty program; stop "CROMERRR," EPA's hugely costly proposal on electronic recordkeeping & reporting; and avert EPA guidance on economic benefit attributable to "illegal competitive advantage."
     
  • Played key roles in: Stopping EPA's "enhanced monitoring" rule and substantially ameliorate its "compliance assurance monitoring" rule; and Influencing the development and subsequent amendments to EPA's Audit Policy.
     
  • Helped lead a coalition ranging from U.S Chamber to the ACLU to change federal policies calling for waiver of attorney-client privilege as a measure of "cooperation." The group persuaded the U.S. Sentencing Commission to reverse itself after only two years, catalyzed successful House and Senate hearings in 2006 and 2007, caused DOJ to rescind its "Thompson Memo," and spurred the introduction in both houses of Congress of legislation to prohibit these policies.
     
  • Co-led numerous EPA/ACC joint projects to understand the causes of noncompliance and to generate compliance tools as an alternative to a traditional enforcement initiative against chemical sector.
     
  • Managed the association's environmental legal staff.
 
While he was previously in private practice, Conrad:
  • Managed the environmental issues in multiple transactions for both buyers and sellers.
     
  • Oversaw several site cleanups and represented PRPs at numerous Superfund sites.
     
  • Exercised major responsibilities in: A RCRA criminal defense, drafting motions that led to the government dropping multiple counts and agreeing to probation; and an insurance coverage litigation, including drafting successful motions to avoid dismissal of insurance companies in receivership.
     
  • Defended a state air permitting enforcement case.
     
  • Helped draft an ASTM standard on environmental site assessments.
     
  • Litigated the denial of a Clean Water Act ocean discharge permit denial and a National Priority List listing decision.
     
  • On pro bono basis, litigated on behalf of several nonprofits against deer hunting on national wildlife refuge (HSUS v. Lujan, 768 F. Supp. 360 (D.D.C. 1991)).
     
  • Advised clients on a range of compliance matters arising under RCRA, CERCLA, the OSH Act and state hazardous air pollution regulations.
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