January 2012
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8040
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8010
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8020
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8030


For more information about our firm, please visit www.bdlaw.com.





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Texas Developments

D.C. Circuit Orders Stay of Cross-State Air Pollution Rule

On December 30, 2011, the United States Court of Appeals for the District of Columbia Circuit issued an order granting motions to stay EPA’s Cross-State Air Pollution Rule (“CSPAR”), only days before CSPAR’s compliance period was set to begin.

TCEQ Authorizes Publication of Proposed Revisions to Compliance History Rules

On January 25, 2012, the Texas Commission on Environmental Quality (“TCEQ”) Commissioners authorized publication of proposed revisions to the agency’s compliance history rules.

Texas Railroad Commission Approves Draft Rules to Increase Penalties for Safety Violations

On January 24, 2012, the Texas Railroad Commission (“RRC”) approved draft rules that would implement new or amended penalty matrixes for use by the RRC in determining the amount of penalties for safety violations in the following regulatory categories: oil and gas, pipeline, liquefied petroleum gas, compressed natural gas, liquefied natural gas, and underground pipeline damage prevention.

TCEQ Authorizes Publication of Proposed 2012 Texas Nonpoint Source Management Program

On January 25, 2012, TCEQ authorized publication of the Proposed 2012 Texas Nonpoint Source Management Program.

Galena Park Air Pollutant Watch List Area Expanded

TCEQ has expanded the Galena Park Air Pollutant Watch List (“APWL”) area based upon the agency’s determination that significant benzene sources located outside of the previous Galena Park APWL boundary have the potential to affect annual average benzene concentrations at the Galena Park and Pasadena North monitoring sites.

Texas SIP Update

  • By letter dated January 11, 2012, TCEQ commented on the U.S. Environmental Protection Agency response to the State of Texas’ recommendations for 2008 ozone national ambient air quality standard nonattainment designations.
  • On January 25, 2012, TCEQ commissioners adopted an El Paso SIP revision that incorporates a revision to the agency’s 2001 memorandum of agreement with the City of El Paso relating to alternative control measures for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (“PM10”).

TCEQ Seeks Public Comment on Development Support Documents

TCEQ’s Toxicology Division is accepting public comment on two proposed development support documents. A development support document (“DSD”) summarizes how chemical-specific toxicity values were derived based on published guidelines. Comments on the following DSDs will be accepted until April 9, 2012: (1) Arsenic and Inorganic Arsenic Compounds, and (2) n-Butane and Isobutane.

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 has scheduled a Tax Relief for Pollution Control Program Advisory Committee Meeting to be held on February 15, 2012 in Austin. 
  • A series of TCEQ-hosted Drought Emergency Planning Workshops will be held during February at various locations as follows:  Kerrville (February 7), New Braunfels (February 9), Liberty (February 16), Midland (February 28), and Lubbock (February 29). 

TCEQ Enforcement Orders

TCEQ announcements for enforcement orders adopted in January can be found onthe TCEQ website at http://www.tceq.texas.gov/news/releases/011112
and http://www.tceq.texas.gov/news/releases/012512

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

EIP and CCAN Drop NPDES Ash Transport Water Permit Appeal

Both the Environmental Integrity Project and the Chesapeake Climate Action Network have voluntarily dismissed an appeal pending before the Maryland Court of Special Appeals, challenging Maryland’s application of the United States Environmental Protection Agency’s Steam Electric standards established for ash transport water. 

Previous Issues of the Texas Environmental Update

The purpose of this update is to provide current information on Texas environmental regulatory developments. It is not intended as, nor is it a substitute for, legal advice. You should consult with legal counsel for advice specific to your circumstances. This communication may be considered advertising under applicable laws regarding electronic communications
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