Today, the U.S. Environmental Protection Agency (EPA) disapproved aspects of the Texas Commission on Environmental Quality’s (TCEQ) clean-air permitting program that do not meet federal Clean Air Act requirements. EPA sought public comment on its proposed disapproval of New Source Review (NSR) program which was published in the Federal Register in September 2009 and considered comments in reaching its final decision.
EPA determined the revisions proposed by TCEQ’s New Source Review program did not meet federal Clean Air Act requirements. For example, EPA argues, the Pollution Control Project Standard Permit revision offered by TCEQ is designed to streamline permitting of changes within a plant but lacked adequate review of impacts on total air pollution levels should the changes be approved.
Under the Clean Air Act, all states must develop plans approved by EPA. Since EPA approved Texas’ major clean-air permitting plan in 1992, the state has submitted over 30 regulatory changes to the EPA approved plan.
In the EPA announcement it was pointed they will continue to work directly with refiners, utilities, and other businesses seeking to obtain state-issued permits that are consistent with federal requirements.
Additionally, EPA states it is continuing discussions with TCEQ about several elements of its air permitting program.