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On August 2, 2010, Greg Abbott, the Attorney General of Texas, and Bryan Shaw, Chairman of the Texas Commission on Environmental Quality (TCEQ), responded to a request by the EPA to implement the PSD Tailoring Rule. They rejected any implementation of the rule as being contrary to existing U.S. law, unconstitutional, not supported by sufficient legislative review at the state or federal level, contrary to the definition of "subject to regulation" under the Clean Air Act and not allowing sufficient review and due-diligence under the existing SIP revision process. Bob Sussman, senior policy counsel at EPA has been quoted as indicating the letter was "remarkable" and that it was "raising serious doubts about whether the state will work with us" to implement EPA's GHG Tailoring Rule setting PSD permitting limits. Some highlights from the letter include:

  • "To encourage acquiescence with your unsupported regulations you threaten to usurp state enforcement authority and to federalize the permitting program of any state that fails to pledge their fealty to the Environmental Protection Agency"
  • "On behalf of the State of Texas, we write to inform you that Texas has neither the authority nor the intention of interpreting, ignoring, or amending its laws in order to compel the permitting of greenhouse gas emissions"
  • "Each of these objections to EPA's demand for a loyalty oath from the State of Texas would suffice to justify our refusal to make one. Indeed, it is an affront to the congressionally-established judicial review process for EPA to force states to pledge allegiance to its rules (or forfeit their right to permit) on the final day by which states must exercise their statutory right to challenge those same rules"

To read the letter in its entirety, please click the following link:

TCEQ Letter to the EPA