Clean Air Act
Reducing air pollution and protecting and improving the environment have transitioned from feel-good, political concepts to measurable goals and outcomes mandated by state and federal legislation. The U.S. Environmental Protection Agency’s National Enforcement Priorities are focused on achieving significant and measurable real world pollution reductions. With increased government inspections and investigations into Clear Air Act enforcement, Saul Ewing Arnstein & Lehr’s Environmental attorneys understand the best defense is a good offense.
We work with clients nationwide in multiple industries to 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.
Clean Air Act Work
- Advise clients regarding global warming and climate change issues
- Provide regulatory advice with respect to Title V permits and compliance
- Negotiate and obtain operating permits and certificates for source operations
- Negotiate and obtain permits for air emissions
- Advise clients on emissions fees corresponding to their plant’s pollution levels
- Defend enforcement litigation relating to Clean Air Act violations
- Advise clients on permit requirements associated with emissions from various types of operations
- Assist with internal regulatory compliance audits
- Represent clients in a variety of administrative appeals
- Provide counsel on EPA’s New Source Review (NSR) and Prevention of Significant Deterioration (PSD) construction permit regulations
- Negotiate facility expansion approvals
- Counsel clients on indoor air pollution matters
Our Clients Represent Multiple Industries
- Solid waste
- Food, beverage and agribusiness
- Electrical generation
- Provide on-going regulatory advice to a manufacturing company 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.
- Represent several cogeneration facilities in administrative appeals before the New Jersey Office of Administrative Law on alleged violations of Title V permit limitations.
- Represent 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.
- Advise 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.
- Represent leading food and agriculture company on issues relating to PSD and NSR at two of their facilities in Virginia.
- Represent manufacturer of ethanol in its effort to obtain permits for an ethanol facility in PA.
- Represent international cement manufacturer on state and Title V permitting and enforcement issues relating to its cement kiln
- Represent several companies on matters relating to PA malodor violations.
Completed Work Experience
- Represented automobile manufacturers trade association, including nine major automobile manufacturers, and provided 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.
- Provided advice to Texas power company 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.
- Represented a manufacturing facility in the defense of several alleged violations of monitoring and recordkeeping requirements of a Title V permit.
- Represented a client in a USEPA enforcement matter arising under the hazardous air pollutant regulations.
- Represented a gas pipeline company in the defense of several NOVs relating to alleged violations of its Title V permit.
- On behalf of one of our clients, we commented 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.
- Represented 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.
The group includes attorneys who have received the following recognition: