In the changing landscape of environmental regulations, navigating the complexities of air quality permits is imperative for industries operating in Texas. Recent developments have highlighted the importance of understanding the nuances of these permits, particularly in light of instances where permits issued by the Texas Commission on Environmental Quality (TCEQ) have been overturned.
TCEQ’s CRUCIAL ROLE & POST-APPROVAL CHALLENGES
The TCEQ assumes a pivotal role in reviewing and approving air permit applications in Texas, ensuring that the proposed projects comply with New Source Review (NSR) requirements. However, several recent legal actions have revealed challenges that applicants may face even after obtaining TCEQ approval – a notable case being the recent court ruling overturning an air pollution permit by the TCEQ for a gas liquefaction and export terminal (Port Arthur LNG). The decision was rooted in concerns regarding the potential adverse impact of the facility on air quality and public health.
IMPORTANCE OF DILIGENCE
This, and similar legal challenges, reiterate the critical need for technical, legal, and community outreach strategies in the preparation of air permit applications, especially with high visibility projects in the petroleum and concrete sectors.
RESPONSIBILITY LIES WITH THE APPLICANT
It is imperative to recognize that while TCEQ reviews and approves air permit applications, the ultimate responsibility for meeting all air permitting requirements and anticipating post-issuance challenges lies with the applicant. Knowing the potential legal or other challenges to an air permit is critical to the permit issuance. For example, concrete batch plants are under intense scrutiny in Harris County, resulting in public comment during the public notice period and, in certain instances, contested case hearings. Both actions result in delayed issuance of the air permit. Environmental Non-Government Organizations (ENGOs) and the public potentially affected by a project are increasing their organizing efforts during the permitting process to comment and request contested case hearings.
HOW EDGE CAN ASSIST
EDGE’s team of experts specializes in delivering high-quality, complete, and accurate air permit applications, ensuring that clients meet regulatory standards and mitigate potential risks effectively. In the growing difficulty of getting air permits, EDGE is well positioned to assist in not only successfully obtaining, but also maintaining TCEQ air permits for your projects.