EPA takes over greenhouse gas permitting in Texas

Tuesday, the US Environmental Protection Agency (EPA) issued a final rule allowing it to take over greenhouse gas (GHG) permitting authority in Texas .

The agency said that EPA’s permitting authority to process Texas’ permit applications for GHGs was effective on May 1.  The Texas Commission on Environmental Quality has indicated that 167 GHG-emitting sources will require PSD permits during 2011.

EPA said its final rulemaking is intended to assure that large GHG-emitting sources in Texas, which became subject to GHG permitting requirements on January 2, will continue to be able to obtain pre-construction permits under the CAA’s New Source Review program after the April 30, 2011, expiration date of the Federal Implementation Plan (FIP) that EPA put in place in December under an interim rule.  The GHG program would apply to large stationary emission sources of CO2, including power plants and refineries.

In December, the EPA told TCEQ that it was planning a temporary takeover of GHG permitting authority from the state after Texas officials made clear that they did not intend to enforce that part of the federal air permitting program.

EPA said its 1992 approval of a State Implementation Plan for the TCEQ was in error because the Texas did not address how its permitting program would apply to any and all pollutants subject to future federal regulation.  EPA said it has changed the approval to a “partial approval and partial disapproval,” with the GHG FIP covering the “gap” in the state’s plan.