EPA to approve Texas air emissions permitting plan
The US Environmental Protection Agency (EPA) says it will approve revisions submitted by the Texas Commission on Environmental Quality (TCEQ) to the state’s permitting program for major air pollution sources under the Clean Air Act.
The changes to the state’s clean air plan meet federal clean air goals by establishing state rules for existing major facilities that are consistent with federal permitting requirements, the EPA said.
The EPA and Texas have battled for years over the permitting program, culminating with the EPA overturning the state’s flexible permit program two years ago.
That decision caused widespread outrage from the state’s many refining and petrochemical operators.
The revised plan provides operating flexibility by establishing site-wide emission caps known as “Plant-wide Applicability Limits,” or PALS, for existing sources.
These PALS require continuous monitoring for each of the units included in the cap, the EPA said, noting that PALS are useful for industry because they provide flexibility in the daily operations at a facility.
The proposal is the result of many months of work by the TCEQ and EPA to develop a PALS program for the state, officials said.
The EPA says the proposed approval enhances the clarity and enforceability of state-issued permits.
After publication in the Federal Register, the EPA will seek public comment on the revised plan for 30 days. Comments will be considered as the agency completes the final decision process.
Congress established the New Source Review (NSR) permitting program as part of the 1977 Clean Air Act Amendments. NSR is a preconstruction permitting program that protects air quality while allowing for industrial growth.
In Texas, NSR permits are legal documents issued by the TCEQ that facility owners/operators must abide by. The permit specifies what construction is allowed, what emission limits must be met, and often how the emissions source must be operated.
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