Texas Proposes New GHG Emissions Rules

In response to the standoff between the U.S. Environmental Protection Agency (EPA) and the State of Texas over EPA’s promulgation of new rules regulating stationary-source greenhouse gas (GHG) emissions, the Texas Legislature enacted House Bill 788 to provide the Texas Commission on Environmental Quality (TCEQ) with GHG permitting authority. On October 23, 2013, the TCEQ proposed rules to implement HB 788. The new rules, once promulgated, will for the first time empower the TCEQ to issue permits and other forms of authorization for GHG emissions in Texas. The TCEQ has estimated that there may be as many as 1,800 existing sites at which emissions could trigger GHG review in the future.

While the State of Texas continues to challenge EPA’s GHG rules in court—so far unsuccessfully, although the U.S. Supreme Court has accepted certiorari on one challenge—the stage is now being set for Texas to issue GHG permits. If the Supreme Court affirms EPA’s authority to regulate GHG emissions through the Clean Air Act (CAA)’s programs for the permitting of new and modified stationary sources, then TCEQ’s GHG permitting rules will govern future GHG air permitting in Texas. On the other hand, if the Supreme Court ultimately rules against EPA and finds that the Agency lacks authority to use the CAA’s permit programs to regulate stationary sources of GHGs, Section 2 of HB 788 also allows the TCEQ to repeal these rules. A Supreme Court ruling is expected before the end of the Court's current term in June 2014.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pillsbury Winthrop Shaw Pittman LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.