Food Industry Air Regulation

MGKF has significant experience assisting a variety of food and beverage manufacturers in evaluating and complying with applicable air quality regulatory requirements. The professionals in our air practice have counseled food manufacturers on a variety of legal and technical issues relating to production processes. Although food manufacturers face compliance issues similar to those experienced in other industry sectors, MGKF tracks and understands the evolving and unique demands and expectations placed on food manufacturers by both regulatory agencies and the public. In particular, MGKF's knowledge and experience in dealing with organic, particulate, and combustion-based emissions from the food sector have been extremely valuable to our clients.

Like other manufacturing facilities, food manufacturers often satisfy energy demands through the on-site creation of steam and/or electricity, which may implicate significant air regulatory requirements. MGKF has assisted clients in all aspects of compliance with federal, state, and local requirements applicable to the on-site generation of steam or electricity, including permitting requirements, reasonably available control technology requirements, New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants.

Additionally, in some cases, the types of food materials produced or handled at a facility may create site-specific air issues, such as odors, visible emissions, or fugitive particulate emissions. MGKF attorneys and in-house technical consultants have a wealth of experience helping clients evaluate both the legal and technical aspects of these issues, including interacting with neighboring property owners and regulatory agencies.

Among other food sectors, MGKF has had extensive experience assisting chocolate and coffee manufacturers to evaluate and comply with applicable air regulatory requirements. As these activities have become more intensely regulated from an air emissions perspective, MGKF has advised clients on unique issues surrounding the storage, handling, grinding, and roasting of coffee and cocoa beans. In particular, MGKF has assisted clients in accurately evaluating the type and level of emissions associated with coffee and chocolate roasting activities, as well as the control requirements that may be imposed pursuant to state and federal law. These issues include the quantification and control of particulate emissions associated with large scale materials handling operations, the prevention and control of odors associated with roasting operations, the quantification and control of volatile organic compounds from roasting processes, and compliance with control device opacity standards.

MGKF has also assisted in the preparation of preconstruction, operating, and Title V permit applications for such facilities, and has negotiated permit language with permitting agencies to accurately reflect facility operations and preserve operational flexibility.