Foley Advises S&P 400 Company on Wisconsin's First Plant-Wide Applicability Limit Permit

Foley & Lardner LLP is pleased to announce that the firm helped Bemis Company, Inc., a global manufacturer of flexible and rigid plastic packaging products, secure its Plant-wide Applicability Limit (PAL) permit, issued July 31, 2018. This marks the first PAL permit issued in the State of Wisconsin, where Bemis Company has a strong manufacturing presence.

A provision of the New Source Review (NSR), PAL has been available to manufacturing facilities for more than 15 years, though few PAL permits have been issued across the United States. A PAL is an annual emission limitation allowing facilities to be altered without first obtaining a federal NSR permit or going through a review. PAL eliminates the need for companies to create separate emissions caps and permitting processes for each component within a plant.

“We are very excited to have secured Wisconsin’s first PAL permit on behalf of Bemis,” said Mark A. Thimke, partner and environmental lawyer in Foley’s Milwaukee office. “There is a growing interest in this type of permitting from the manufacturing industry as companies look for competitive advantages and eliminate inefficiencies in their manufacturing. As the economy continues to pick up, we expect more manufacturing facilities in Wisconsin, and beyond, will be looking to modernize and take advantage of the PAL permit’s many business returns.”

Obtaining a PAL requires a permit action that includes both a public notice period and a review period by the U.S. Environmental Protection Agency. PAL is most important to manufacturing companies investing in new projects, machinery and plants, those experiencing frequent delays in the traditional project permitting process, and companies subject to the Clean Air Act requirements. Foley has a defined strategy to efficiently initiate and complete the PAL process.

The Foley team counseling Bemis on the permitting process includes Partner Mark Thimke and Special Counsel Jennifer Van Wie.