Schiff Hardin has significant, ongoing experience with the Clean Air Act's "New Source Review" (NSR) programs, including the federal Prevention of Significant Deterioration and Non-Attainment programs and the so-called "minor" NSR programs.

Clients benefit from our understanding of the applicability, implementation and enforcement aspects of these programs. Our wide range of in-depth experience includes:

• Defending companies against NSR enforcement actions by federal and state agencies and citizen groups, including defense of enforcement actions filed in Missouri and Pennsylvania in 2011 and earlier filed enforcement actions in Illinois
• Negotiating settlements of NSR enforcement actions, including an NSR consent decree filed in January, 2011
• Training client's employees to recognize potential NSR compliance issues
• Developing programs to implement the so-called 2002 "reform" rules, including emission analyses related to changes at existing facilities, and pre- and post-project recordkeeping and reporting obligations triggered by the "reasonable possibility" provision of the rules
• Evaluating the applicability of exclusions
• Obtaining construction permits for regulated new sources and "modifications" and advising on permit implementation and related requirements, including "Best Available Control Technology" and emission offset requirements, compliance testing and potential amendments to such permits
• Assisting with responses to information requests and NOVs from regulatory agencies targeting potential "modification" activities at existing facilities
• Assisting with NSR issues related to Title V operating permits, such as the implementation of consent decree conditions and the possible inclusion of NSR compliance schedules in such operating permits, including intervention in an appeal in the United States Court of Appeals for the Seventh Circuit to contest a claim that a company's Title V permits were required to contain compliance schedules for alleged NSR violations
• Drafting corporate transaction documents involving existing facilities to effectively allocate NSR responsibilities, and counseling clients regarding NSR responsibilities under existing contracts