EPA AND TEXAS REACH CONDITIONAL AGREEMENT ON GREENHOUSE GAS PERMITTING

By TONI ELLINGTON

The EPA has issued its conditional approval of the Texas Flexible Permit program, a program developed by the Texas Commission on Environmental Quality (“TCEQ “) in connection with the EPA to issue greenhouse gas permits for new and existing modified facilities.  The program will replace a prior EPA plan, and will allow Texas industry to seek air permits direct from TCEQ, rather than seeking permits from two regulatory agencies.

The authority for Texas to issue greenhouse gas permits will become effective following publication of the rule in the Federal Register.  The EPA and Texas have been collaborating to identify the additional elements needed for an updated rule on greenhouse gas permits which would meet all of the Clean Air Act requirements.

For more information, see the pre-publication version of the plan at www.epa.gov/region6.   For questions, contact Toni Ellington at (504) 599-8500.