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On January 13, 2017, the Texas Commission on Environmental Quality (TCEQ) approved the adoption of updates to the applicable requirements for Operating permits. 30 Texas Administrative Code (TAC) Chapter 122 will be updated in order to reflect correct and up-to-date requirements associated with federal regulations as they relate to the Federal Operating Permits (FOP) Program. The federal initiatives or regulations addressed as part of this rulemaking include the Clean Air Interstate Rule (CAIR), the Cross-State Air Pollution Rule (CSAPR), and the permitting of greenhouse gasses (GHGs).

In light of the December 2008 court decision to strike down CAIR which was subsequently replaced by CSAPR, this rulemaking eliminates references to CAIR throughout Chapter 122 of the TAC to clarify that CAIR is no longer an applicable requirement under the FOP Program. All potentially applicable requirements for CAIR are replaced with CSAPR in the Chapter 122 amendments. In addition, this rulemaking removes requirements and references to GHG emissions and GHG permitting in Chapter 122, in line with the Supreme Court ruling which determined that emissions of GHGs by themselves do not trigger federal operating permit requirements. Other minor changes are adopted to update rule cross-references and correct minor grammatical errors.

This rulemaking will have a minimal effect on the regulated community. The main intention of this rulemaking is to ensure consistency between current federal regulations and applicable requirements in the Texas Administrative Code.

If you are interested in learning more about this rulemaking, details are located on the TCEQ's website, here.

Contact Trinity Consultants at (800) 229-6655 with questions.