The air wars between the EPA and the TCEQ continue with a recent proposal by the EPA to disapprove portions of Texas’s state implementation plan (SIP).
Specifically, the EPA claims that the portion of SIP that deals with Emergency Orders does not satisfy the public participation required for New Source Review (NSR). Public participation requirements that are applicable to projects that are subject to major NSR are not met before the issuance of the Emergency Order, which would authorize the construction of such projects. Instead, the applicable public participation for major NSR projects takes place after the issuance of the Emergency Order when the applicant submits the application for a major NSR permit.
The source has 60 days following the issuance of the Emergency Order to submit the permit application. Meanwhile, the applicant is authorized by the Emergency Order to begin construction of the project before permit application submission and permit issuance.
Consequently, according to the EPA, the public is not afforded an opportunity to review and comment on the proposed project until after construction has begun and, therefore, has not been provided meaningful opportunity to participate before commencement of construction.
INFO: Contact EPA’s Ashley Mohr or at 214-665-7289.