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TCEQ adopts new standard air permit for natural‑gas electric generating units

Texas Commission on Environmental Quality · January 31, 2025
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Summary

The commission adopted a new non‑rule standard permit for natural‑gas electric generating units under Texas Health and Safety Code §382.05195 and 30 TAC Chapter 116 Subchapter F after an extended public comment period; staff and OPC said the permit is protective and provides an alternative pathway to permit-by-rule.

The Texas Commission on Environmental Quality on Jan. 30 adopted a new non‑rule standard air quality permit authorizing natural‑gas electric generating units (EGUs) under Texas Health and Safety Code §382.05195 and 30 Texas Administrative Code Chapter 116, Subchapter F.

Staff from the Air Permits Division presented the draft standard permit and summarized the public outreach: notice in the Texas Register, a July 30, 2024 public meeting, and a comment period that included targeted outreach in English and Spanish in Austin, Dallas and Houston. Staff reported the commentors generally supported the permit concept, and that staff made no substantive changes to the draft permit in response to comments. The permit is intended to provide an authorization pathway with greater flexibility than a permit‑by‑rule and an alternative to existing standard permits for EGUs.

Office of Public Interest Counsel staff told commissioners they reviewed the protectiveness analysis and public participation and had no objections, concluding that appropriate best‑available control technology and protectiveness analyses are required when permit terms are followed. Commissioners asked clarifying questions about unit sizing and the expected issuance timeline; staff said the permit covers various engine sizes and standard permits are typically issued in about 20 days, with a 45‑day statutory allowance.

A commissioner moved to adopt the new standard permit as recommended by the executive director; the motion was seconded and carried on voice vote.