A Plant-wide Applicability Limit (PAL) is an annual emission limitation that allows facilities to be modified, changed or altered without first obtaining a New Source Review permit. A PAL permit eliminates the need for companies to create separate emissions caps and permitting processes for each piece of equipment or components within a plant. They are extremely valuable to manufacturing companies investing in new projects, machinery and plants, and those experiencing frequent delays in the traditional project permitting process.

Foley & Lardner LLP helped Bemis Company, Inc., a global manufacturer of flexible and rigid plastic packaging products, secure a PAL permit for their facilities in Wisconsin – the first in the state. Although PAL rules are already "on the books" in most states, not many companies are taking advantage of PAL permitting ... possibly due to continued-after effects of the recession and a period where facility expansions were not common. Manufacturers, now in growth mode, should consider this simple permit as an efficient option to enhance their company's competitive position and take advantage of PAL permits' benefits.

The opportunity to streamline the product to market process by minimizing (if not eliminating) the long delays associated with air permitting exists for those looking to innovate and differentiate traditional approaches.