September 9, 2010

TCEQ and EPA Air Permitting: A Way Forward

Co-sponsored by:
The Environmental Law Institute
Baker Botts L.L.P.
Environmental, Natural Resources, and Water Section of the Austin (TX) Bar Association

On June 30, 2010, the EPA formally disapproved the Texas "flexible" air permitting program which sets emission caps for clusters of facilities, asserting that it does not comply with the federal Clean Air Act. Texas filed in federal court for a review of EPA’s disapproval. Panelists representing both federal and state agencies, the regulated industry and community and environmental groups discussed potential outcomes both optimal and achievable, the common ground sought between TCEQ and EPA and the larger implications for the balance between federal and state authority.

Panelists:
Pam Giblin, Baker Botts L.L.P. (moderator)
Carl E. Edlund, P.E., U.S. Environmental Protection Agency
David Frederick, Lowerre, Frederick, Perales, Allmon & Rockwell
Richard Hyde, P.E., Texas Commission on Environmental Quality
Hilton Kelley, Community In-Power Development Association
Rich Walsh, Valero Energy Corporation

Additional Materials:
Panel Presentation
Second Panel Presentation
Edlund (US EPA): Powerpoint presentation
Hyde (TCEQ): Powerpoint presentation
Hyde (TCEQ): Handout - EPA Air Permitting Concerns Summary
Hyde (TCEQ): Handout - Air Permits Section VII
Hyde (TCEQ): Handout - Air Permits Section IX Policy Issues
mp3 recording