Office of Legal Services
Environmental Law Division
The Environmental Law Division (ELD) represents the Air Permits Division and other offices in the agency in implementing state law requirements, the federally approved air permitting programs, and State Implementation Plan requirements. ELD also represents other offices in the agency that implement state law requirements (such as water rights and water utilities) and various waste and water quality matters, which include both state and federally delegated and approved permitting programs.
With regard to air quality permits, ELD provides legal guidance and counsel regarding the interpretation of the laws which directly affect the technical review, special conditions, and other requirements included in air permits.
ELD staff attorneys play key roles when public comments regarding permit applications are received. They finalize the Response to Comments (RTC), file all necessary information with the Office of the Chief Clerk, and otherwise ensure all RTC procedures are followed.
The staff attorney is the primary agency contact when a permit application is contested and a public hearing is pending. Staff attorneys represent Air Permits Division staff before the commission for any contested matters and are the agency's counsel at hearings. They also attend public meetings associated with a contested air permit application.
ELD is one of the primary participants in the rule and standard permit development process. ELD staff attorneys provide legal guidance and counsel when new air quality rules and standard permits are being developed or when existing rules and standard permits are being amended. They are also responsible for drafting specific sections of rule and standard permit preambles. Staff attorneys assess risks associated with certain rule and standard permit development issues and provide comments on how the proposed language may be interpreted and whether it complies with statutory requirements. They also provide support for Air Permits Division staff before the commission on rulemaking issues.