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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").
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.
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.
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.
As anticipated, the TCEQ adopted new compliance history rules at its June 27, 2012 Agenda.
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 announcements for enforcement orders adopted in June can be found onthe TCEQ website here:
For information on recent TCEQ rule developments, please see the TCEQ website at http://www.tceq.state.tx.us/rules/whatsnew.html .
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").
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.
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.
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.
The purpose of this update is to provide current information on Texas environmental regulatory developments. It is not intended as, nor is it a substitute for, legal advice. You should consult with legal counsel for advice specific to your circumstances. This communication may be considered advertising under applicable laws regarding electronic communications.
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