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SIP Revision: Regional Haze

The regional haze revision to the State Implementation Plan (SIP) for air quality is the plan Texas must submit to the United States Environmental Protection Agency to show how the state will reduce regional haze in the air to natural background conditions.

The SIP files on this page are hosted by the Texas Records and Information Locator (TRAIL) web archive . If you need assistance with a file, please contact siprules@tceq.texas.gov.

Public Comment Period for the Draft 2025 Regional Haze Progress Report

On December 18, 2024, the commission is scheduled to consider adoption of the 2025 Regional Haze Progress Report (Non-Rule Project No. 2024-007-OTH-NR) for the second planning period. The progress report addresses the regional haze requirements of federal Clean Air Act (FCAA), §169A for Big Bend and Guadalupe Mountains National Parks and Class I areas located outside of Texas that may be affected by emissions from Texas. This progress report contains the core federal Regional Haze Rule (40 Code of Federal Regulations (CFR) §51.308) requirements, including: the status of the state’s control strategies included in the 2021 Regional Haze SIP Revision for achieving reasonable progress goals; a summary of the emissions reductions; assessment of significant changes in human-made emissions; and a determination of the adequacy of the current implementation plan elements and strategies and a declaration to the U.S. Environmental Protection Agency (EPA) concerning whether a SIP revision is needed. The Federal Land Managers were given an opportunity to review the draft progress report for 60 days, from May 28, 2024 through July 29, 2024, prior to the public comment period, and the comments they submitted are provided below. The draft progress report is now available for public review and comment for a 30-day period from August 2, 2024 through September 3, 2024 (see Appendix A: Public Notification). The progress report is due to EPA on January 31, 2025.

Federal Land Managers Comments on the Draft 2025 Regional Haze Progress Report

2021 Regional Haze SIP Revision for the second planning period

On June 30, 2021, the commission adopted the 2021 Regional Haze SIP Revision (Project No. 2019-112-SIP-NR). The SIP revision demonstrates compliance with the regional haze requirements of FCAA, §169A and EPA’s Regional Haze Rule for the second planning period. The SIP revision addresses regional haze in Big Bend and Guadalupe Mountains National Parks in Texas and Class I areas located outside Texas that may be affected by emissions from within the state.

Public Comment Period Extension for the Proposed 2021 Regional Haze SIP Revision

The proposed 2021 Regional Haze SIP Revision (Project No. 2019-112-SIP-NR) narrative and public hearing notice stated that the commission must receive all written comments by December 9, 2020. The commission has extended the deadline for receipt of written comments on the proposal to January 8, 2021. For more information, please visit the Proposed SIP Revisions and Public Hearing Information section of the Texas SIP Revisions webpage.

Federal Land Manager (FLM) Consultation Documentation for the Proposed 2021 Regional Haze SIP Revision

Proposed 2021 Regional Haze SIP Revision

On October 7, 2020, the commission approved proposal of the 2021 Regional Haze SIP Revision (Project No. 2019-112-SIP-NR). The proposed SIP revision would demonstrate compliance with the regional haze requirements of federal CAA, §169A and the EPA's Regional Haze Rule for the second planning period. The proposed SIP revision addresses regional haze in Big Bend and Guadalupe Mountains National Parks in Texas and Class I areas located outside Texas that may be affected by emissions from within the state.

The public comment period opened on October 9, 2020 and was originally scheduled to close on December 9, 2020. The commission has extended the public comment period to January 8, 2021. 

2017 Amendments to the Regional Haze Rule

On January 10, 2017, the EPA published the final Amendments to the Regional Haze Rule ( 82 FR 3078 ) to update aspects of the reasonably available visibility impairment (RAVI) and regional haze programs including:

  • strengthening the federal land manager consultation requirements;
  • extending the RAVI requirements so that all states must address situations where a single source or small number of sources is affecting visibility at a Federal Class I area;
  • extending the SIP submittal deadline for the second planning period from July 31, 2018 to July 31, 2021 to allow states to consider planning for other federal programs like the 2010 one-hour SO2 NAAQS, and the 2012 annual PM2.5 NAAQS;
  • adjusting interim progress report submission deadline so that second progress reports would be due by January 31, 2025; and
  • removing the requirement for progress reports to be SIP revisions so the EPA would not formally approve or disapprove them.

On January 17, 2018, the EPA announced its decision to revisit certain aspects of the 2017 Regional Haze Rule revisions.

The EPA’s draft guidance  on the rule was released on June 30, 2016. In January 2018, the EPA announced plans to finalize one or more EPA guidance documents for regional haze state implementation plan (SIP) revisions due in 2021.

2014 Five-Year Regional Haze SIP Revision

At the February 26, 2014 agenda, the commission adopted the 2014 Five-Year Regional Haze SIP Revision. This SIP revision evaluated Texas’ progress towards the “reasonable progress” goal for each Federal Class I area in the state, and each Federal Class I area outside the state that may be affected by emissions from Texas. The TCEQ projects that Texas will meet the established “reasonable progress” goals set by the state for 2018 for all Class I areas it affects.

This five-year progress report does not require modeling and uses the analysis in the 2011 Interagency Monitoring of Protected Visual Environments (IMPROVE) report to show whether the Class I areas of concern are on the glide path. The EPA guidance for the five-year progress report was released on April 12, 2013. No rulemaking was proposed with this SIP revision, which is project number 2013-013-SIP-NR.

Schedule

Key dates in past and future SIP revisions:

  • TCEQ adopted a SIP for the first planning period: February 25, 2009
  • EPA's actions on the 2009 SIP revision:
  • January 2016 final reasonable progress federal implementation plan (FIP) (remanded)
  • October 2017 final BART FIP (see descriptions and links below)
  • May 2023 proposed reconsideration of 2017 BART FIP
  • July 2023 proposed reasonable progress disapproval and amended FIP to address remand
  • TCEQ adopted a five-year progress report for the first planning period: February 26, 2014
  • EPA's action on the 2014 SIP revision: pending
  • New Amendments to the Regional Haze Rule: January 10, 2017 ( 82 FR 3078 )
  • TCEQ adopted a SIP revision for the second planning period: June 30, 2021
  • EPA's action on 2021 SIP revision: pending
  • SIP revisions are due every 10 years: 2028, 2038, 2048, 2058, and 2064
  • Progress reports are due every five years: 2033, 2043, 2053 through 2064 or until natural conditions are met

EPA's 2016 and 2017 Federal Implementation Plans

On January 5, 2016, the EPA finalized a partial disapproval of the Texas 2009 RH SIP revision and issued a reasonable progress FIP ( 81 FR 296 , effective February 4, 2016). The FIP included requirements for control upgrades or new emissions limits at eight coal-fired power plants in Texas. The FIP stated that seven power plants install additional emissions controls on specific units within three or five years of the effective date of the rule. This FIP was stayed, then sent back to EPA for changes. The EPA also approved the Texas Best Available Retrofit Technology (BART) rule with regard to non-electric generating units (EGU); however, the EPA did not take action on BART for EGUs due to continuing issues with the EPA's Cross-State Air Pollution Rule.

In the October 17, 2017 Federal Register ( 82 FR 48324 ), the EPA issued a final BART FIP for EGUs, which included an alternative trading program for SO2. The EPA will administer the trading program, which included only specific EGUs in Texas and no out-of-state trading. The EGUs included: Big Brown, Coleto Creek, Deely, Fayette, Graham, Harrington, Limestone, Martin Lake, Monticello, Newman, Parish, Pirkey, Sandow, Sommers, Stryker Creek, Tolk, Welsh, and Wilkes. For NOX, Texas will remain in CSAPR. For PM, the EPA determined no further action was required. The EPA decided that the final FIP satisfied interstate visibility transport for all six NAAQS.

In October 2017, Luminant announced the retirement in early 2018 of three coal fired power plants, which are listed in the FIP: Big Brown, Sandow, and Monticello. 

2009 Regional Haze SIP for the first planning period

On February 25, 2009, the commission adopted revisions to the Texas SIP for visibility protection at Federal Class I areas. No rulemaking occurred with this SIP. The revision was project No. 2007-016-SIP-NR.

The regional-haze SIP revision is the plan Texas must submit to the EPA to show how Texas will reduce regional haze to natural conditions. This SIP revision includes all existing control strategies for the Dallas and Houston areas, other statewide and federal controls, and BART.

The long-term goal is to restore air quality to natural conditions—defined by the EPA as the visibility conditions that would be experienced in the absence of pollution from human activities. The goal set by Congress is for all federal Class I areas to meet natural conditions by 2064. The “glidepath” is the path to the 2064 goal. Currently, the baseline haze level at Big Bend and Guadalupe Mountains National Parks is approximately 16 deciviews.

Chart showing Natural conditions in 60 years.

 

Solid red line represents glidepath.
Source: Adapted from EPA-454/B-03-005, Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Program.

The BART Rule was adopted by the TCEQ in January 2007 to allow the state to require BART modeling from specific industries or sources. A number of sources that appeared to be BART-eligible applied for and obtained legally enforceable reductions in their allowable emissions. Some of the reductions were from shutdowns; others resulted from reducing permitted emissions rates on units that had larger allowables than they needed to operate. After final modeling incorporated these reductions in allowable emissions, Texas was left with no BART-eligible sources. An updated list of potentially BART-eligible sources is in SIP Appendix 9-13 . For more information on BART, see the related Regional Haze: Rulemaking (BART and CAIR) webpage.

Texas used the Central Regional Air Planning Association’s template for the regional haze SIP revision. The CENRAP states worked together with the EPA and federal land managers to develop a format that stakeholders found acceptable. Each state adapted the template as needed.

Technical Issues

Consultation with Other States
The TCEQ provided a summary paper to participants in the regional-haze consultation calls on July 11, 18, and 31, 2007. The TCEQ held these calls with other states, federal land managers, and the EPA and offered the opportunity for other interested parties to listen to the calls.

Texas’ Regional Haze Summary of Major Issues is the summary the TCEQ provided to the participants in the consultation conference calls. The summaries of the three consultation conference calls appear below:

The TCEQ continues to consult with other states. Regional haze SIP revisions are required every 10 years. Every five years, the TCEQ is required to assess the state's progress towards natural conditions.

The TCEQ developed four issue papers regarding its analyses of some of the technical issues in developing the 2009 regional-haze SIP revision and supplied those papers to the participants in the consultation calls.

Technical Papers

Comments

Federal Land Managers’ Comments

As required by the Regional Haze Rule, 40 CFR 51.308, the TCEQ made the Federal Land Managers' comments available before the public hearing. The following comments were received:

Other Comments

The following comments are in no particular order.