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Greenhouse Gas Permitting

Permitting of greenhouse gases (GHGs) in Texas. Check back often for updates.

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Title V | General Information | Q&A | Past Announcements | Contact Us


Hot Topic On July 24, 2014, the EPA issued a memo "Next Steps and Preliminary Views on the Application of Clean Air Act Permitting Programs to Greenhouse Gases Following the Supreme Court’s Decision in Utility Air Regulatory Group v. Environmental Protection Agency."

On June 23, 2014, the Supreme Court of the United States issued an opinion that affects GHG permitting. Utility Air Regulatory Group v. Environmental Protection Agency et al. Additional information is available at the EPA’s website Exit the TCEQ

Commission staff is currently evaluating the impact of the Supreme Court opinion on the rules adopted by the commission on March 26, 2014 (effective on April 17, 2014) in addition to the federal rules regarding GHG. Further action to implement the Supreme Court opinion is expected from the D.C. Circuit Court of Appeals and EPA, and commission staff will assess requirements for Texas and post updated information as it becomes available.

GHG PSD Applications Received by TCEQ
TCEQ Received Date Applicant Name CN Number (if assigned) RN Number (if assigned) Site Name Transition Project From EPA (Yes/No) Date First Public Notice Published Date Second Public Notice Published
6/28/2013 Invenergy Thermal Development LLC CN604326009 RN106754989 Ector County Energy Center No    
5/8/2014 NRG Texas Power LLC CN603207218 RN101062826 PH Robinson Generating Station No    
4/15/2014 Corpus Christi Liquefaction LLC CN604136374 RN104104716 Corpus Christi Lequefaction Yes    
4/1/14 Freeport LNG Development LP CN601720345 RN106481500 Freeport LNG Pretreatment Facility Yes    
4/1/14 Freeport LNG Development LP CN601720345 RN103196689 Freeport LNG Liquefaction Plant Yes    
5/16/14 Port of Beaumont Petroleum Transload Terminal LLC CN604077826 RN106402594 Port of Beaumont Transload Terminal No    
5/27/14 Shell Oil Company CN601542012 RN100211879 Deer Park Refinery No    
6/10/14 Excelerate Liquefaction Operations (Port Lavaca) LLC CN604576488 RN107273930 Lavaca Bay LNG Project No    
TBD Calhoun Port Authority TBD TBD Repowering the ES Joslin Power Station Yes    
TBD Delaware Basin JV Gathering LLC TBD TBD Avalon Mega CGF Yes    
TBD Exelon Power (ExTex LaPorte) TBD TBD Mountain Creek Steam Electric Station Yes    
TBD NRG Texas Power TBD TBD SR Bertron Unit 5 Yes    
TBD NRG Texas Power TBD TBD Cedar Bayou Unit 5 Yes    
TBD Powersite TBD TBD Power Generation Facility in Karnes County Yes    
TBD Southern Power Company TBD TBD Nacogdoches Generating Facility Yes    
TBD Southern Power Company TBD TBD Trinidad Generating Facility Yes    
TBD Waste Management of Texas Inc TBD TBD Skyline Landfill Expansion Project Yes    

Title V

  • Operators that are issued a GHG PSD permit from EPA will incorporate that permit as an applicable requirement as defined in 30 TAC Section 122.10 Exit the TCEQ

General Information

Q&A on GHGs

Q: Is TCEQ going to immediately repeal the GHG rules that were effective on April 17, 2014?

A: Those rules were adopted to implement House Bill (HB) 788 from the 83rd Legislative Session in 2013. The TCEQ will follow the intent of HB 788, and is coordinating with EPA as appropriate to determine a path forward for Texas businesses.

Past Announcements

June 25, 2013: House Bill (HB) 788 authorizes TCEQ Permitting of Greenhouse Gas (GHG) Emissions

HB 788, 83rd Legislature, became law on June 14, 2013. This legislation gives Texas the authority to develop rules to authorize major sources of GHG emissions to the extent required by federal law. Texas is currently subject to a Federal Implementation Plan, which means that major sources of GHG emissions are required to obtain a GHG permit from the EPA.

In order to implement HB 788, several chapters in the Texas Administrative Code relating to air permitting and public notice will need to be amended. After the necessary rule changes are adopted by the TCEQ, they must be approved by the EPA as part of the Texas State Implementation Plan before the TCEQ can begin reviewing applications and issuing permits for GHG emissions.

The EPA will remain the permitting authority for GHG emissions in Texas until rulemaking is completed, the EPA approves the SIP and then withdraws the FIP. TCEQ will be coordinating with the EPA regarding the transition period for accepting and processing GHG applications, and will make that information available as it develops.

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