The US Environmental Protection Agency continues to disprove of the air emissions permitting program established by the State of Texas under the federal Clean Air Act. On September 15, 2010, the EPA disapproved the Texas Major and Minor New Source Review programs.
EPA is disapproving the Major Nonattainment NSR SIP requirements for implementation of the 1997 8-hour ozone national ambient air quality standard (NAAQS) and the 1-hour ozone NAAQS. EPA is disapproving the submitted Standard Permit (SP) for Pollution Control Projects (PCP) because EPA concluded that it does not meet the requirements of the CAA for a minor NSR Standard Permit program.
EPA is also disapproving a submitted severable definition of best available control technology (BACT) that is used by TCEQ in its Minor NSR SIP permitting program. EPA is not addressing the submitted
revisions concerning the Texas Major PSD NSR SIP, which the agency says will be addressed in a separate action.
The State of Texas has sued EPA over its prior actions disapproving of permitting programs. The Sierra Club has filed suit to force EPA to address certain permitting actions it alleges are inconsisent with the Clean Air Act.