Air Emissions Permitting & Control Strategies
Since the passage of the Clean Air Act in 1970, Quarles & Brady attorneys have been advising clients on matters of air pollution control and compliance. As a result of almost four decades of experience, we are well-versed in the origins of the various regulatory programs and are also familiar with the statutes, regulations and guidance documents that inform the day-to-day implementation of the Act. We have substantial experience assisting clients as they prepare permit applications and negotiate conditions in operating and construction permits with state, federal and tribal authorities. We have assisted clients from a variety of industries, including the automotive, aerospace, energy, mining, oil and gas, pulp and paper, and steel industry, on a diverse range of issues related to the Act.
Representative Engagements / Experience:
- Helping clients obtain Prevention of Significant Deterioration (“PSD”) and Nonattainment New Source Review (“NNSR”) for facilities located throughout the United States.
- Assisting clients in obtaining Title V and NPDES permits in Arizona, Connecticut, Illinois, Indiana, Michigan, Nevada, Ohio, Wisconsin and elsewhere.
- Regularly counseling utilities on matters involving complex Clean Air Act issues such as the 1997 8 hour ozone and PM2.5 rules; EPA’s 2002 NSR Reform rules; Title IV of the Clean Air Act (Acid Rain) and its relation to the Clean Air Interstate Rule (CAIR); federal and state New Source Performance Standards (NSPS); and National Emission Standards of Hazardous Air Pollutants (NESHAP) compliance issues.
- Successfully representing a client in a two-week-long contested case hearing and follow-up judicial review action involving a third party challenge to the New Source Review air permit for one of the largest coal handling and transshipping facilities in the western hemisphere.
- Successfully representing a major investor-owned utility in an administrative proceeding that upheld the Clean Air Act construction permit for a new $2.2 billion, 1260 MW coal-fired, baseload electric generating facility. This was the first administrative case which determined that Integrated Gasification Combined Cycle (IGCC) process technology was not required by law to be considered as an alternative air emission control technology in the BACT and LAER analyses for two proposed Super Critical Pulverized Coal (SCPC) generating units.
- Representing clients in complex air enforcement cases brought by U.S. EPA, involving violations of federal NSR and NESHAPs, most recently in a case where U.S. EPA initially sought a $100 million penalty.
For more information on how our Environmental Group can help you address potential or actual environment-related legal and business concerns, please contact Arthur A. Vogel Jr. at (414) 277-5545 or
, or your local Quarles & Brady attorney.