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.