Two Steps Forward for Biodiesel in Texas—New TCEQ Announcements Clear Prior Hurdles & Signal Growth for Biodiesel Blends in Texas



Over the past several years, the Texas Commission on Environmental Quality (TCEQ) has been working through a series of regulatory and programmatic issues that slowed the growth of biodiesel blending in Texas. Over the past several weeks, the TCEQ and the biodiesel industry have made great strides and not just eliminated barriers, but commenced a program that incentivizes the construction of biodiesel fueling infrastructure. The change in regulatory approach has many within the biodiesel industry excited about the prospect of reinvigorating a once-promising fuel market in Texas and the significant operational and environmental benefits that biodiesel offers.

Proposed Revisions to TxLED Rules

On March 7, 2012, TCEQ proposed revisions to the Texas Low Emission Diesel (TxLED) Program rules. Though these rules have not been yet adopted by TCEQ, the period during which the public can submit comments regarding the proposed rulemaking is now over, and every comment letter TCEQ received fully supported the rule changes. Therefore, it is very likely the TCEQ will finalize the rules this summer with the proposed revisions.

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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.

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