Air Permit Violations at MSW Incinerator
Roux Associates was hired to provide air quality expert witness services regarding the operation of MSW Incinerator facilities. The case involved numerous alleged air permit and Clean Air Act violations including failing to operate scrubbers associated with ash handling; and, the routine presence of door and roof openings in ash and pug mill buildings that allowed excessive fugitive dust emissions to impact ambient air. Finally, it was alleged that the facility failed its air permit obligations to:
- Correct problems causing unnecessary releases; and,
- Report the occurrence of such problems in semi- annual and annual compliance reports and certifications
Power Plant Licensing
Roux Associates was hired to provide air quality and noise expert witness services to a major City in Massachusetts. The case involved the proposed approval by the Mass DEP and State Siting Board of plans for construction of a 350 MW power plant. Roux’s review included expert witness comments and hearing testimony focused on the accuracy and completeness of the air quality and noise impact assessments. We also commented on the risks associated with the planned storage and use of ammonia onsite.
Upon issuance of the air permit for the proposed facility, Roux Associates provided additional technical comments on the permitting process, and assisted in the filing of an appeal under Massachusetts administrative procedures. The issues that are being addressed included how EPA’s recently promulgated regulations for greenhouse gases should affect the permitting process for the facility; the combined impact of the proposed facility with other nearby major sources; the use of meteorological data from a distant and unrepresentative location in developing projections of air quality impact; and the enforceability of emission rate limits given the ambiguous wording of permit provisions.