TCEQ Qualified Facilities Exemption Rule

EPA disapproved the Qualified Facilities exemption rule that TCEQ had submitted for inclusion in its federally approved State Implementation Plan (SIP). The rule allowed companies that have air permits to avoid certain federal requirements including public review when they modify their plants. EPA has determined that this regulation does not meet several federal Clean Air Act requirements.

In September 2009, EPA issued a Federal Register Notice proposing to disapprove the TCEQ’s Qualified Facilities Program and invited public comment. EPA has been meeting with TCEQ, industry representatives, and environmental groups to discuss deficiencies with current State air emission permits.

Before the end of 2010, EPA plans to issue final decisions on two additional changes: 1) the Flexible Permits Program and 2) New Source Review Reform regulations.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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