TCEQ Asks for Judicial Review of EPA's Rule Disapproval

The Texas Commission on Environmental Quality (TCEQ) on June 14 filed an action petitioning the federal Court of Appeals for judicial review of the U.S. Environmental Protection Agency's final disapproval of the state agency's 1996 Qualified Facilities rule, according to a press release from the agency.

The TCEQ proposed revisions on March 30 to address EPA’s concerns about the rules the federal agency proposed for disapproval in September 2009. However, EPA concurred in 1995 that the rule adequately addressed federal permitting requirements, and the rule was formally submitted to EPA in 1996.

The Qualified Facilities rule applies to facilities that request emissions authorizations that fall below federal New Source Review (NSR) permit limits. The state law authorizes certain changes at facilities, provided any increase in actual emissions is below emissions thresholds that require FNSR and if the control technology at the facilities is no older than 10-year-old best available control technology.

The TCEQ will continue to defend its air permitting program while proactively working with EPA to resolve its concerns to provide legal certainty to regulated entities and the public.

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