Texas Developments

Texas Agency Key Personnel Moves

Pursuant to interim appointment by Governor Perry, former Texas Commission on Environmental Quality (“TCEQ”) Commissioner Buddy Garcia is now serving on the Railroad Commission of Texas. 

EPA Withdraws Imminent and Substantial Endangerment Order Issued to Range Resources

On March 29, 2012, the U.S. Environmental Protection Agency withdrew the Imminent and Substantial Endangerment Order that EPA Region VI issued to Range Resources Corporation and Range Production Company under Section 1431 of the Safe Drinking Water Act.

Cross-State Air Pollution Rule Lawsuit Oral Argument

On April 13, 2012, the United States Court of Appeals for the District of Columbia Circuit heard oral argument in a lawsuit challenging EPA’s Cross-State Air Pollution Rule.

TCEQ and TDA Ask the IBWC to Rescind Water Delivery to Mexico

On April 4, 2012, TCEQ Commissioner Carlos Rubinstein and Texas Department of Agriculture ("TDA") Commissioner Todd Staples requested federal action to rescind water delivery to Mexico that the commissioners contend is harmful to drought-stricken Texans.

TCEQ Proposes Flow Standards for Rivers

On April 13, 2012, TCEQ published in the Texas Register proposed environmental flow standards for the Colorado and Lavaca rivers and Matagorda and Lavaca bays and the river basin and bay system of the Guadalupe, San Antonio, Mission, and Aransas rivers and the Mission, Copano, Aransas, and San Antonio bays.

Stage II Vapor Recovery Program SIP Revision

On April 11, 2012, The Texas Commission on Environmental Quality ("TCEQ") approved the proposal of a State Implementation Plan ("SIP") revision that requests a waiver of Stage II vapor recovery ("Stage II") requirements in five counties (Ellis, Johnson, Kaufman, Parker, and Rockwall, the "Five Counties") that were reclassified as "serious" ozone nonattainment areas on January 19, 2011.

TCEQ Posts Air Permitting 101 Course Materials

TCEQ has posted on its website an online training course entitled "Air Permitting 101," which provides an overview of the functions of the Air Permits Division and the air permit issuance process.

Public Comment Period for TCEQ Toxicity Factor Development

The public comment period for the TCEQ Guidelines to Develop Toxicity Factors has begun and will close on June 8, 2012.

Upcoming TCEQ Meetings and Events

• TCEQ will host its annual Environmental Trade Fair & Conference at the Austin Convention Center on May 1-2, 2012.
• TCEQ will host workshop four in the series Beyond Science and Decisions: From Issue Identification to Dose-Response Assessment, presented by the Alliance for Risk Assessment, at its Austin headquarters on May 22–24, 2012.
• The Houston-Galveston Area Council will host the annual Meeting of the Bacteria Implementation Group ("BIG") for the Houston-Galveston Area in Houston on May 22, 2012.

TCEQ Enforcement Orders

TCEQ announcements for enforcement orders adopted in Aprile can be found on the TCEQ website at http://www.tceq.texas.gov/news/releases/4-12agenda4-11.

Recent Texas Rules Updates

For information on recent TCEQ rule developments, please see the TCEQ website at http://www.tceq.state.tx.us/rules/whatsnew.html.

National Developments

DOT Requests Comment on Harmonizing Lithium Battery Transport Rules with New ICAO Rules

The U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) is seeking comment on aligning U.S. standards with the newly revised standards of the International Civil Aviation Organization (ICAO).

U.S. Fish and Wildlife Service Issues Final Land-Based Wind Energy Guidelines for Wildlife Protection

On March 23, 2012, the U.S. Department of the Interior’s Fish and Wildlife Service released the “U.S. Fish and Wildlife Service Land-Based Wind Energy Guidelines.” 

Firm News & Events

Beveridge & Diamond Named to National Law Journal’s Midsize Hotlist For Second Year in a Row

The National Law Journal has named Beveridge & Diamond, P.C. to its “2012 Midsize Hotlist,” marking the second year in a row that Beveridge & Diamond has received this honor from the country’s leading legal publication.

Previous Issues of the Texas Environmental Update