June 27, 2012
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8040
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8010
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8020
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8030

For more information about our firm, please visit www.bdlaw.com .

Office Locations:
›   Washington, DC
›   Maryland
›   New York
›   New Jersey
›   Massachusetts
›   Texas
›   California

TEXAS DEVELOPMENTS

5th Circuit Court Upholds EPA Decision to Reject Texas Qualified Facilities Program

The U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Environmental Protection Agency’s ("EPA’s") decision to disapprove the Texas Qualified Facilities Program ("QFP") submission as part of its Clean Air Act ("CAA") State Implementation Plan ("SIP").

Texas Challenges EPA’s Authority to Rescind Approval of State Implementation Plan

In a brief filed June 18, 2012, in the D.C. Circuit court of appeals, the State of Texas and other petitioners challenged EPA’s authority under § 110(k)(6) of the CAA to retroactively disapprove of Texas’s Prevention of Significant Deterioration ("PSD") SIP submission because the Texas PSD SIP did not address greenhouse gases.

EPA Proposes Approval of Texas "PALs" Rules

On June 7, 2012, the EPA announced its proposal to approve Texas SIP revisions that provide operational flexibility by establishing site-wide emission caps known as "Plant-wide Applicability Limits," or PALS, for existing sources.

TCEQ Proposes Changes to New Source Review Authorizations for Oil & Gas Handling & Production Facilities

On May 30, 2012, the TCEQ Commissioners approved for proposal revisions to the oil and gas handling and production facilities permit by rule ("PBR") in 30 TAC §106.352, and the non-rule standard permit ("OGSP") issued for such facilities on January 26, 2011.

TCEQ Adopts Compliance History Rules

As anticipated, the TCEQ adopted new compliance history rules at its June 27, 2012 Agenda.

Upcoming TCEQ Meetings & Events

  • 2012 Public Drinking Water Conference: Information and Tools for Public Water Systems and Utilities

  • Advanced Air Permitting Seminar and an Oil and Gas Facilities Workshop

  • Quality/Storm Water Seminar

TCEQ Enforcement Orders

TCEQ announcements for enforcement orders adopted in June can be found onthe TCEQ website here:

Recent Texas Rules Updates

For information on recent TCEQ rule developments, please see the TCEQ website at http://www.tceq.state.tx.us/rules/whatsnew.html .

NATIONAL DEVELOPMENTS

New EU Biocidal Products Regulation Introduces Important Changes for Biocide Data Protection in Europe

Last month, the Council of the European Union formally adopted the EU’s new Biocidal Products Regulation ("BPR") – which is set to replace the EU’s existing Directive 98/8/EC (the "Biocidal Products Directive," or "BPD").

California Revises Informal Draft Safer Consumer Products Regulations

Final Rulemaking Proposal Expected in June 2012.On May 18, 2012, the California Department of Toxic Substances Control ("DTSC") released Revised Informal Draft Safer Consumer Product Regulations releas ("Revised Informal Draft") as part of its long running effort to imlement the state's landmark 2008 Green Chemistry legislation.

Firm News & Events

Texas Office Attorneys Speak About Air Issues at Texas Chemical Council’s Annual Environmental, Health & Safety Seminar

Two of our Texas Office attorneys gave presentations at the 25th annual Texas Chemical Council EHS Seminar held on Galveston Island on June 4-7, 2012.

Chambers USA 2012 Ranks Beveridge & Diamond, P.C. Among Leading Law Firms

The C hambers USA Guide to the Legal Profession has again ranked Beveridge & Diamond, P.C. as a leading environmental law practice, both nationally and regionally.

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