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Texas Commission on Environmental Quality (TCEQ) and Environmental Protection Agency Reach Agreement re Greenhouse Gas Emissions Permitting

On April 4, 2013, EPA Region 6 issued a letter that followed from lengthy debate between TCEQ and EPA regarding which agency has authority to permit non-greenhouse gas ("non-GHG") emissions above prevention of significant deterioration ("PSD") significance levels when PSD review is triggered solely by GHG emissions.

EPA had initially asserted that it in those instances EPA should permit GHG emissions as well as non-GHG emissions above PSD significance levels. In response to EPA’s request for TCEQ to explain its rationale for asserting authority to permit such non-GHG emissions, TCEQ issued a letterdated February 13, 2013 in which TCEQ explained the legal basis for its position. In EPA Region 6’s April 4, 2013 response letter, EPA stated that, based upon the representations in TCEQ’s letter, "the EPA has no objection to the TCEQ’s proposal to issue PSD permits for such sources that emit non-GHG pollutants when such pollutants are increased in amounts that equal or exceed the PSD significance levels."

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About this Author

Edward Grauman, Environmental Lawyer, Beveridge & Diamond Law Firm
Principal

Edward M. Grauman’s practice focuses on high-stakes, complex commercial and environmental litigation at both the trial and appellate levels. He works with clients across a wide spectrum of industries, including chemicals, consumer products, financial services, high tech, insurance, media, oil and gas, pharmaceuticals, security services, and telecommunications. His experience across industries and subject-matter areas gives him a deep understanding of the business considerations involved in large-scale disputes and enables him to provide clients with sound strategic...

512-391-8025
Karen Hansen, Environmental Lawyer, Beveridge & Diamond Law Firm
Principal

Karen M. Hansen’s environmental law practice focuses on the Clean Water Act and state programs for regulating and permitting water discharges and water supply/use.  She has extensive experience assisting industrial and municipal clients in preparing strategies for and pursuing water permits for ongoing operations, expansions and new operations, including permit challenges. Ms. Hansen also represents clients that must defend CWA and state water law enforcement actions, including claims pursued by governmental as well as third party entities. She recently led a multi...

512-391-8005
Madeleine Boyer Environmental Attorney Beveridge Diamond
Principal

Maddie brings 25 years of experience providing strategic and solutions-oriented counseling and representation on a broad range of US and Latin American environmental, health and safety standards.

Her portfolio includes environmental regulatory counseling; audit oversight and support; supply chain and product stewardship advocacy and compliance; and high-stakes enforcement matters. Her domestic caseload currently includes air and waste matters before the US Department of Justice, the Office of the Attorney General of the State of Texas, the US Environmental...

512-391-8010
Laura LaValle, Environmental Lawyer, Beveridge & Diamond Law Firm
Principal

Laura LaValle is the Managing Principal and a founder of Beveridge & Diamond’s Texas office, and is Co-Chair of the Firm’s Air Practice Group.  Her practice has focused on Clean Air Act matters for the past eighteen years.  Ms. LaValle’s air quality experience includes advising and representing entities on a broad range of permitting, compliance, and policy issues.  She has represented chemical manufacturing operations, electric utilities, petroleum refineries, municipal solid waste landfills, steel manufacturing facilities, mining operations, municipal waste combustors, trade...

512-391-8020