When it comes to air quality issues facing regulated industries, Saul Ewing understands that the best defense is a good offense. Attorneys in our Clean Air Act practice help clients navigate the complex environmental regulatory landscape, both on the state and national levels. We understand the unique nuances of each state’s individual air regulations and provide clients with practical advice designed to help them avoid environmental risks and potential citations or fines. Our clients include companies in the chemical, automotive, solid waste, food, beverage and agribusiness, electrical generation, gas, mining, entertainment and hospitality industries.
Our Clean Air Act work includes:
- Advising clients regarding global warming and climate change issues
- Providing regulatory advice with respect to Title V permits and compliance
- Negotiating and obtaining operating permits and certificates for source operations
- Negotiating and obtaining permits for air emissions
- Advising clients on emissions fees corresponding to their plants' pollution levels
- Defending enforcement litigation relating to Clean Air Act violations
- Advising clients on permit requirements associated with emissions from various types of operations
- Assisting with internal regulatory compliance audits
- Representing clients in a variety of administrative appeals
- Providing counsel on EPA’s New Source Review (NSR) and Prevention of Significant Deterioration (PSD) construction permit regulations
- Negotiating facility expansion approvals
- Counseling clients on indoor air pollution matters
For a selection of our Clean Air Act representations, click here.
- A manufacturing company with on-going regulatory advice with respect to its Title V permits. This work includes evaluation of actual or potential compliance problems and working with technical experts to develop strategies to avoid non-compliance or to come into compliance.
- Several cogeneration facilities in administrative appeals before the New Jersey Office of Administrative Law on alleged violations of Title V permit limitations.
- A manufacturing facility in an administrative appeal of a permit modification issued under the state's Title V program. Specifically, we are assisting the client in challenging NJDEP's minor modification to the client's Title V permit and NJDEP's preconstruction approval because NJDEP refused to incorporate certain modifications to the requirements for monitoring and record-keeping, stack testing, sulfur testing, and limits on hourly emissions of CO2, SO2, NOx and TSP.
- Various clients on permit requirements associated with emissions from various types of operations, including seed oil extraction facilities, pharmaceutical manufacturing facilities, cement kilns and stripping columns associated with groundwater remediation.
- A leading food and agriculture company on issues relating to PSD and NSR at two of their facilities in Virginia.
- A manufacturer of ethanol in its effort to obtain permits for an ethanol facility in Pennsylvania.
- An international cement manufacturer on state and Title V permitting and enforcement issues relating to its cement kiln.
- Several companies on matters relating to Pennsylvania malodor violations.
- An automobile manufacturers trade association, including nine major automobile manufacturers providing comments to the NJDEP on proposed (and later promulgated) LEV II automobile emissions and greenhouse gas regulations and the classification of CO2 as a contaminant.
- A Texas power company with advice on various compliance and permit transfer issues, including the transferring of air permits and ISRA compliance in its acquisition of four power plants in New Jersey.
- A manufacturing facility in the defense of several alleged violations of monitoring and recordkeeping requirements of a Title V permit.
- A client in a USEPA enforcement matter arising under the hazardous air pollutant regulations.
- A gas pipeline company in the defense of several NOVs relating to alleged violations of its Title V permit.
- A client regarding comments on an adjacent property owner’s application for approval of a new major source of air emissions (a proposed ethanol plant). This work involved complex Clean Air Act issues.
- A major gas transmission company in challenging penalty assessments for alleged violations of New Jersey air pollution regulations and alleged Title V permit violations; successfully compelled NJDEP to rescind one NOV and penalty assessment in its entirety, and secured substantial penalty reductions in the other matters.