RRC Responds to EPA’s Federal Overreach Attempts - continued

Proposed Changes to Regulations Governing State Plans for Existing Sources

The RRC joined the Texas Commission on Environmental Quality and the Public Utility Commission in commenting on the EPA’s proposed changes to its regulations governing the timelines and other requirements for state plans that regulate existing sources under section 111(d) of the Clean Air Act.

These regulations, known as the “Implementing Regulations,” apply to states that must submit plans for sources covered by specific Emissions Guidelines set by EPA. Emissions Guidelines establish procedures for states to follow as they develop plans that establish, implement, and enforce performance standards for “designated facilities” (which is the term EPA uses for exiting sources).

EPA has used this provision to advance controversial climate regulations, including the Clean Power Plan, the Affordable Clean Energy Rule, and its recently proposed Supplemental Methane Rule.

The proposed changes to EPA’s Implementing Regulations shorten the time states would have to submit a plan from three years to 15 months.

One of the major concerns is that this change would not provide Texas with adequate time to develop a state plan and establish the appropriate regulatory framework – especially for regulations like the Methane Rule that would apply to tens of thousands of oil and gas sources across the state. That in turn could force states with large numbers of affected sources, like Texas, to adopt federal model rules. As mentioned earlier, Texas has expertise on regional factors, and is in the best position to define clear paths to help regulate emissions.

READ THE JOINT COMMENTS SUBMITTED BY THREE AGENCIES