Svend Brandt-Erichsen, Partner In Environment and Land Use Practice Group, Quoted By Law360
Svend Brandt-Erichsen, a partner in Nossaman’s Environment and Land Use Practice Group, was quoted in the Law360 story 4 Questions Environmental Attorneys Have About The Clean Air Act. As the Trump Administration is expected not to enforce the Clean Air Act as vigorously as the Obama Administration, one of the topics the article examined was how will states revise their startup, shutdown and malfunction regulations. This is an important question because of recent court rulings that prohibit states from allowing excess air emissions during periods of startup, shutdown and malfunction (SSM) – exceptions that are common in state air programs.
Commenting on the topic, Mr. Brandt-Erichsen said that businesses are still waiting to see how that change will play out practically. He stated that it’s an area where, for industrial facilities, there is going to be a lot of interest in how state and regional air agencies actually implement changes to SSM provisions in their air rules. There’s science work that has to be done to make sure the rules have the right content, and there is a rulemaking process that has to occur throughout all the agencies that have these kinds of rules in their regulations. He added that industry players are wondering how regulators will act, since they’ll have to consider the fact that emissions equipment is designed to operate within certain parameters and are unlikely to achieve the same level of efficiency when the emissions being controlled are more variable during SSM conditions.