Clean Air Interstate Rule (CAIR) Public Comment Period Open
The preliminary 2015 CAIR nitrogen oxides (NOX) allowance allocations for units that commenced commercial operation after January 1, 2001 and have operated for five or more consecutive years, and units that started operating prior to January 1, 2001, are now available to view at http://www.tceq.texas.gov/airquality/banking/Air_Banking_CAIR.html.
These allocations were made per 30 Texas Administrative Code §101.506(a), (b), & (c). The allowance amounts reflect the preliminary proposal and are subject to change.
Per §101.504(a), the executive director is required to submit the 2015 CAIR NOX allowance allocations determined in accordance with §101.506(c) to the United States Environmental Protection Agency (EPA) by October 31, 2011.
On August 8, 2011, the EPA published a Federal Register notice finalizing the Cross-State Air Pollution Rule (CSAPR). CSAPR replaces CAIR starting January 2012. However, there has been significant litigation activity related to CSAPR leading to uncertainty regarding the status of CAIR. The TCEQ is completing the 2015 CAIR NOX allowance allocations to ensure that 2015 allocations exist should the outcome of any litigation results in CAIR still being in place in 2015.
All comments regarding the preliminary allocations must be received by October 14, 2011. If you have any questions or comments, please contact Shantha Daniel by phone at (512) 239-3930 or by e-mail at Shantha.Daniel@tceq.texas.gov. Please include “CAIR” in the e-mail topic line.