Air

MD attorneys have considerable experience with the nuances of a wide variety of air emission sources and air quality issues, as well as complex permitting arising under the Clean Air Act and state programs. We have particular expertise in the steel industry and a variety of chemical/coatings facilities. Our attorneys have also been engaged in federal rulemaking, including tracking rule development, commenting on proposed rules and challenging final rules.

Navigating complex permitting regulations can have a significant impact on project planning, creating tension between construction schedules and the need to comply with state and federal agency requirements during the application process. We are often engaged during the early project planning stage to assess the potential applicability of New Source Review/Prevention of Significant Deterioration and New Source Performance Standards to new sources and modifications of existing sources, and to develop permitting strategies consistent with our clients’ business goals.

We have negotiated the terms and conditions of construction and operating permits, permit renewals and permit modifications, including Title V permits and federal New Source Review pre-construction permits. We have advised major sources, synthetic minor sources, and minor sources as to their permitting or registration requirements. Our attorneys have a deep understanding of many of the technical aspects of air permitting – such as calculating potential to emit, modeling requirements, and capture/control technologies – while at the same time being able to identify and work closely with engineering consultants.

Our compliance counseling and enforcement defense spans all aspects of the Clean Air Act. Our attorneys provide practical guidance to permitted facilities to ensure compliance with permit conditions and applicable state and federal regulations, ranging from questions about emissions testing to proper recordkeeping. We assist clients with their compliance reporting obligations, including Title V deviation reporting and compliance certifications. Our attorneys also conduct environmental compliance audits including CAA compliance. When potential non-compliance occurs, we help clients develop the best strategy for achieving practical results that minimize any negative impact on operations.

Our efforts cover the full range of CAA enforcement activity, from preparing for an agency inspection and responding to information requests and violation notices, to negotiating administrative settlements and defending our clients in state and federal court. Recent state and federal enforcement actions have involved Title V permit violations, National Ambient Air Quality Standards, failed stack tests, construction without a permit, nuisance and odor claims, demolition activities involving asbestos, and refrigerant management.