AIR PERMITS/ENFORCEMENT

The regulation of air emissions covers issues ranging from specific industrial toxic air pollutants, small particulates, nitrogen oxides, volatile organics and Carbon Monoxide, to the concentration of sulfur or toxic contaminants in coal or waste oil burned for energy. The complexity of required permitting is largely a function of the annual tonnage of particular pollutants predicted to be emitted from an industrial facility.  Applicable emission limits may also be a function of the extent of progress made in a particular region toward attainment of air quality goals. 

Applicable limits often become more stringent upon implementation of a “major modification” of a facility or construction of a new facility.   Installation, operation, and replacement of pollution control systems can be very expensive.  Thus, the applicability of air emission limits and “full” permitting ( often referred to as Title V permits) can be an important legal issue related to industrial facility plans for operation, expansion and capital budgeting.  Advice and representation in the permitting necessary for new facilities can be especially important, in order to avoid start up delays resulting from late or inadequately prepared permit applications or failure to incorporate control equipment installation and testing into construction timetables. 

• Advised manufacturer in negotiation of Title V air permit conditions;

• Advised manufacturer on preparation and submittal of a permit application for a new location with substantially modified process; 

• Defended manufacturer and negotiated settlement of EPA administrative assessment of a civil penalty; 

• Represented waste oil distributor against contractual indemnity claims by customer facing enforcement action for failure to meet regulatory boiler combustion specifications.