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Final Rule Extends EPA’s Takeover of Texas Greenhouse Gas Permitting

WASHINGTON, D.C.—The Environmental Protection Agency will continue to administer the greenhouse gas permitting program for industrial facilities in Texas, according to a final rule to be published May 3 in the Federal Register.

The final rule revises EPA’s approval of a state implementation plan for the prevention of significant deterioration because the plan submitted by Texas did not include provisions to address pollutants that have been newly subjected to regulation, such as greenhouse gases.

The final rule only grants partial approval of the Texas plan, allowing the state to continue issuing prevention of significant deterioration permits for other pollutants such as sulfur dioxide and nitrogen oxides, but EPA will remain the greenhouse gas permitting authority for the state.

EPA is revising its approval of the Texas plan using its authority under Section 110(k)(6) of the Clean Air Act.

The final rule replaces an interim final rule that expired April 30. The final rule went into effect May 1 to ensure that the permitting process is not disrupted.

Representatives of the Texas attorney general, which is representing the Texas Commission on Environmental Quality in a lawsuit challenging the interim rule, could not be reached for comment May 2…

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