Denial of Petition for Reconsideration on Interstate Transport of Fine PM: Revision of FIP Requirements for Texas
Proposed Revisions to the Texas Regional Haze Best Available Retrofit Technology (BART) Federal Implementation Plan (FIP) and Affirmation of the Cross State Air Pollution Rule as Better than BART
April 19, 2023 – EPA is proposing to deny a petition for reconsideration received in 2020 from environmental groups related to EPA’s prior determination that participation in the Cross State Air Pollution Rule (CSAPR) trading programs is a valid BART alternative under the Regional Haze Rule. EPA’s proposed denial of the petition for reconsideration will affirm the continued validity of participation in CSAPR as a BART alternative by taking into account proposed source-specific emission limits EPA is concurrently proposing for Texas EGUs. EPA is proposing to replace a portion of the existing best available retrofit technology (BART) Federal Implementation Plan (FIP) for Texas. The proposed BART FIP would require source-specific emission limits for sulfur dioxide (SO2) and particulate matter (PM) on 12 Electric Generating Units (EGUs) located at six power plants in Texas.
June 29, 2020 - EPA denied a petition for reconsideration of certain aspects of EPA’s September 29, 2017, final rule titled, “Interstate Transport of Fine Particulate Matter: Revision of Federal Implementation Plan Requirements for Texas." After careful review of the petition, EPA is concluding that the petition does not meet the statutory criteria to warrant reconsideration. EPA's response document and a Federal Register notice announcing this action are below.
Related to this action, a Final Rule for Texas' BART FIP was signed on June 29, 2020, which can be found at the following link: 2020 final action amending and affirming Texas SO2 Trading Program
Also related to the Final Rule for Texas' BART FIP, on June 22, 2021, EPA sent a letter notifying petitioners that the agency is convening a proceeding for reconsideration of the Texas Regional Haze BART and Interstate Visibility Transport FIP. At a later date, the EPA will provide notice of our proposal on reconsideration and provide the opportunity for public comment.
- TX Regional Haze BART Reconsideration Response (pdf)
- Petition for Partial Reconsideration, 8/8/2020 (pdf)
- Petition for Partial Reconsideration, 10/13/2020 (pdf)
- Petition for Reconsideration (pdf)
- Petition Denial Response to Sierra Club (Joshua Smith) (pdf)
- Petition Denial Response to National Parks Conservation Association (Stephanie Kodish) (pdf)
- Petition Denial Response to Earthjustice (Charles McPhedran) (pdf)
- Petition Denial Response to Earthjustice (Michael Soules) (pdf)