On Monday, April 7, the D.C. Circuit heard oral argument in Monroe Energy v. EPA, No. 13-1265, which challenges the 2013 renewable fuels standards (RFS). Judges Rogers, Griffith, and Pillard presided over the argument. Monroe Energy, an independent refiner, and trade associations API and AFPM challenged the 2013 RFS. PBF Holding Company LLC intervened on behalf of Petitioners, and multiple parties intervened on behalf of EPA. (more…)
WE KNOW ENERGY®
Sandra Snyder, Richard Alonso and Tim Wilkins
As anticipated, on March 26, 2014, the Texas Commission on Environmental Quality (TCEQ) adopted rules to implement House Bill 788, which required the Commission to establish greenhouse gas (GHG) emissions rules. The new rules will become effective on April 17, 2014.
This action is one more step in the process of transitioning GHG Prevention of Significant Deterioration (PSD) permitting authority from EPA to TCEQ. These regulations come on the heels of EPA publishing a proposal to approve the Texas GHG PSD revisions to the Texas State Implementation Plan (SIP) in 79 Fed. Reg. 9,123 (Feb. 18, 2014). Two more steps remain: (1) EPA needs to approve TCEQ’s rules and (2) EPA must rescind the Federal Implementation Plan (FIP), the federal rules that currently authorize EPA to issue GHG permits for projects located in Texas. (more…)
Video Interview: The Polar Vortex and Energy – A Look at the Impact of Shale and Coal on Energy PricesMonday, March 10, 2014 9:41 am by George Felcyn
As the United States begins to enter a warming period leading up to the onset of Spring, Bracewell & Giuliani’s Scott Segal, head of the firm’s Policy Resolution Group, takes a look back on the Polar Vortex – the bouts of severe cold experienced by much of the country in early 2014. In this video interview, Scott discusses the impact of growing shale gas resources on the energy sector, the key role that coal-fired electric generation played during the Polar Vortex, and what this experience of severe cold tells us about future energy policy and prices.
Sandra Snyder, Richard Alonso and Tim Wilkins
On Tuesday, February 4, 2014, EPA issued a pre-publication copy of a proposed rule that if adopted would transfer greenhouse gas (GHG) permitting in Texas from EPA Region 6 to the Texas Commission on Environmental Quality (TCEQ). The proposed rule has yet to be published in the Federal Register. When it is published, the public will have 30 days to comment on the proposed rule. EPA must review and respond to those comments before it can adopt a final rule that would transfer authority to TCEQ. (more…)
Charles Nixon, John Riley and Tim Wilkins
As we discussed in an October post, the Texas Commission on Environmental Quality (TCEQ) has proposed rules to create a greenhouse gas (GHG) permitting program for the state of Texas and take over permitting authority from the U.S. Environmental Protection Agency (EPA). Because it hopes to make the transition as quickly as possible, TCEQ is using a streamlined public participation process, which is soon coming to an end. At 2:00 pm on December 5th, TCEQ will hold its only public hearing on the proposal (see notice here). TCEQ will then continue to accept written comments on the rules through December 9th.
If your company would like to see a change to—or particularly supports—some aspect of the proposed rules, it is important to participate in the hearing or submit written comments before the deadline. It is not clear whether these proposed rules will be controversial, but it is possible, and participating during the comment period can help strengthen one’s position before the Commission or a court, should a challenge be brought. If you have any questions about attending the hearing or submitting questions or comments, please feel free to contact any of our Environmental Section members in the Austin office. We will be attending and are happy to assist any way we can.
Charles Nixon and Tim Wilkins
On October 4th, the Texas Commission on Environmental Quality (TCEQ) released a preliminary draft of a proposal to establish greenhouse gas (GHG) permitting regulations for the state of Texas. This action kicks off what is likely to be a lively discussion between stakeholders and regulators over the design of Texas’s GHG permitting program. But it represents a first step toward an important change from the status quo.
For almost three years now, Texas companies have been subject to two different permitting authorities for air permits: the U.S. Environmental Protection Agency (EPA) issues GHG permits under a Federal Implementation Plan (FIP), while TCEQ issues permits for all other regulated pollutants. The dual permitting scheme has not been a model of efficiency. (more…)