Air Quality Case Study
Situation
Our client, a Washington state municipal public works agency, operated a steam plant capable of producing electricity from waste. After the utility participated in a successful trial of their “alternative fuels” experiment, they experienced problems with the Title V permitting process. A determination by the Washington State Department of Ecology that the facility was subject to the Solid Waste Incinerator Facilities rule (WAC 173-434) required the client to seek our counsel in September 2001.
Challenge
The state incinerator requirements were physically impossible for our client to meet due to the inherent design of their system. Further, it was legally impossible to comply with the Incinerator Rule because it was inconsistent with express conditions of the facility’s permits. After exploring a number of options with the agencies, it became clear that it would be necessary to work with state and federal officials to change the rule.
Solutions
The Marten Law Group petitioned the state to revise the rule, drafted new regulatory language that solved our client’s problem, and convinced the agencies that the rule change was appropriate. A new rule was adopted by Ecology in late December 2003. Our attorneys also worked with Ecology to convince the EPA that the amended rule was as stringent as the old rule and that the EPA should approve the rule amendment as part of the State Implementation Plan. The new rule was approved as a part of the State Implementation Plan effective September 6, 2005.
Results
Once the amended Incinerator Rule was effective and a part of the State’s federally approved State Implementation Plan, our client had the option of reopening its steam plant as a Waste-to-Energy Plant and providing citizens a cost-effective, environmentally sound alternative to landfills.