Stephen M. Richmond is an environmental lawyer and a Principal of Beveridge & Diamond, P.C., where he is resident in the Firm’s Massachusetts office. Mr. Richmond counsels industrial and governmental entities facing strategic and regulatory environmental challenges.
Mr. Richmond's practice includes regulatory compliance counseling, complex air, waste, and water permitting projects, facility siting and due diligence, negotiation of environmental transactional documents, and enforcement defense on federal and state environmental cases. He has frequently been called upon to evaluate environmental program strengths and weaknesses and provide advice on system improvements to enhance environmental performance. His experience encompasses:
Air Pollution Control Matters, including major source air permitting, risk management plan and general duty clause counseling and enforcement defense, counseling and training on greenhouse gas reporting requirements and NSPS and MACT program requirements.
Waste Management and Recycling Matters, including permitting for solid waste processing, disposal and recycling facilities, permitting for RCRA hazardous waste treatment facilities and RCRA corrective action sites, and solid waste site assignments and site assignment expansions for MRRFs, landfills, and transfer stations.
Water Pollution Control Matters, including NPDES and state discharge permitting and compliance counseling, and defense of NPDES stormwater program citizen suits.
Release Reporting and Incident Response Matters, including counseling industrial facilities through real time incidents on federal and state reporting obligations, providing follow up counseling to address root cause analyses and agency inquiries, assistance with evaluation of Clean Air Act General Duty Clause and Risk Management Plan requirements, and defense of enforcement cases arising from release incidents, including General Duty Clause, Risk Management Plan, CERCLA and EPCRA enforcement.
Due Diligence and Transactional Matters, including assistance with buyer side and seller side transactional preparation, due diligence on acquisition targets, drafting and negotiation of environmental provisions in transactional documents, and evaluation of permit transfer or amendment obligations for transactions.
Mr. Richmond brings to his work the practical experience gained from serving previously as in-house environmental counsel at two multinational corporations, and from a government enforcement role as Deputy General Counsel at the Massachusetts Department of Environmental Protection.
Mr. Richmond has been active in community leadership and pro bono causes, and he is a long time member of the Firm’s pro bono committee. He currently serves as a member of the Board of Directors of MetroWest Legal Services and as a Trustee of the Sudbury Foundation. His prior experience includes serving on the Boards of Directors of Sudbury Valley Trustees and the Environmental Business Council of New England, and as Chair and Member of the Zoning Board of Appeals of the Town of Sudbury. He is a founder of Beveridge & Diamond’s Massachusetts office and served as its Managing Principal for eight years.
Mr. Richmond is recognized as an environmental practitioner by a number of national and international legal ratings organizations. He has been included for many years in the Thomson Reuters lists of Massachusetts and New England Super Lawyers in Environmental Law, and as a leading environmental practitioner in Chambers USA: America's Leading Lawyers for Business. Mr. Richmond is included in the 2016-2017 edition of The Best Lawyers in America, is AV Peer Review Rated by Martindale-Hubbell and has been recognized for his environmental transactional and regulatory work by The Legal 500 United States (2014).
Mr. Richmond's counseling and enforcement experience includes the following representative cases:
- Led teams responsible for responding to many US EPA Clean Air Act Section 114 document production orders.
- Provided advice on many air permitting reviews to support facility expansion and maintenance projects for industrial companies across the country. Reviews have included major source, synthetic minor source and minor source permitting, consideration of federal and state program impacts, and NSPS and MACT construction, modification and reconstruction analyses.
- Represented numerous industrial companies in the settlement of Clean Air Act enforcement claims brought by US EPA and/or the Department of Justice.
- Negotiated consent decree with US EPA and the Department of Justice (DOJ) resolving MACT and NSPS Leak Detection and Repair (LDAR) noncompliance claims against a chemical manufacturer.
- Negotiated consent decree with US EPA and DOJ resolving Risk Management Plan (RMP) noncompliance claims against a fertilizer manufacturer. Reduced penalty from initial claim of $5 million to $380,000.
- Negotiated consent agreement with US EPA resolving construction permit and operating permit noncompliance claims against a battery manufacturer.
- Negotiated consent decree with US EPA and DOJ resolving nonattaintment major source permitting claims against an industrial laundry company.
- Advised several companies on the settlement of RMP/General Duty Clause enforcement cases brought by US EPA.
- Coordinated defense and negotiated multiple consent orders between metals foundry and state enforcement agency to resolve allegations of air compliance issues at a metals foundry in New England.
- Discovered new source review and new source performance standard issues at a Midwestern mineral services company, advised client on the filing of governmental disclosures, and successfully resolved enforcement negotiations.
- Advised Gulf Coast chemical company on air evaluation resulting in discovery of new source review issue, disclosure to US EPA and state, and negotiation of a low-penalty resolution, including submittal of after-the-fact PSD permit application.
- Advised industrial company on major source (PSD) air permitting for a $1 billion expansion project.
- Counseled on the drafting, negotiation and implementation of many Clean Air Act Title V operating permits at industrial facilities throughout the country, on the establishment of reasonable inquiry processes for ongoing compliance, and on continuing semi-annual deviation reporting and annual compliance certifications.
- Provided advice and conducted many training programs on the requirements of the Mandatory Greenhouse Gas Reporting Rule to industrial facility owners and operators throughout the country.
Waste and Recycling Matters
- Obtained site assignments in Massachusetts for many solid waste and recycling facilities, including a 950 ton per day solid waste landfill and recycling facility, a 600 ton per day materials resource recovery facility, and a 1500 ton per day construction and demolition debris recycling facility.
- Negotiated several long term landfill development contracts authorizing development and operation of landfills subject to revenue sharing agreements. Experience includes representing both private developers and municipal facility owners.
- Represented several coalitions comprised of solid waste industry trade associations, private companies and government partners in proceedings before the federal Surface Transportation Board and federal courts to force all transfer station developments to adhere to same rules. Proceedings have involved facilities proposed in New Jersey, Massachusetts and Pennsylvania.
- Represented coalition of construction and demolition debris processors and recyclers in negotiations with state agency on proposed enforcement initiatives.
- Counseled a chemical manufacturing facility in the Midwest on closure and corrective action permit negotiations and permit implementation. Settled simultaneous federal and state RCRA permit appeals.
- Ongoing representation of hazardous waste recycling facility located in the Southwest in RCRA Part B permitting. Negotiated successful dispositions of several enforcement initiatives brought by US EPA.
Acquisition and Disposition Matters
- Performed environmental due diligence reviews on the assets of an independent energy producer with fifteen facilities throughout the country.
- Led teams responsible for identifying permit transfer requirements for several large corporate reorganizations involving hundreds of facilities across the United States.
- Conducted permit transfer evaluation for acquisition of manufacturing company with multiple facilities.
- Negotiated environmental liability transfer provisions for sale of chemical company with multiple facilities.
- Negotiated environmental liability transfer provisions for acquisition of a power plant in the Mid Atlantic region.
- Represented biosolids management company in the public bidding of biosolids recycling facility projects, and in the negotiation of teaming agreements and design/build/operate contracts.
Environmental Health and Safety Audits
- Counseled large national industrial company on the implementation of its environmental audit program, and assisted with the preparation of audit reports and the conduct of post-audit notifications and corrective actions.
- Served as Director of EHS Audit for independent power producer and environmental infrastructure company. Responsible for planning, staffing and implementing domestic and international environmental, health and safety audits at solid waste, hazardous waste, water treatment, and manufacturing facilities, and for reporting and tracking results.