2026-19496: Notice of Availability for Public Comment; Reconsideration of Air Plan Disapproval; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter

Summary

On August 20, 2020, the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), submitted a state implementation plan (SIP) to the Environmental Protection Agency (EPA). The SIP submission addressed emissions during planned maintenance, startup, and shutdown (MSS) activities for certain electric generating units (EGUs) and included requirements intended to address visible emissions (opacity) and particulate matter (PM) emissions during planned MSS activities. These requirements were included in eight Agreed Orders (AOs) issued by TCEQ to the affected EGUs, which were provided in the 2020 SIP submission. The EPA disapproved the 2020 SIP submission on December 20, 2024, after determining that the requirements contained in these AOs did not meet the Clean Air Act's (CAA) enforceability requirements or the requirement that emission limitations must apply on a continuous basis. The EPA subsequently granted reconsideration of the disapproval on May 11, 2026. Through this notice of availability, the EPA is providing an opportunity for the public to provide additional information to the Agency during the reconsideration process. Since the EPA disapproved the 2020 SIP submission, TCEQ has rescinded four of the eight AOs. The EPA is soliciting public comments on the impact of these recissions on the EPA's prior evaluation of the SIP submission as well as any other information that would further inform the Agency's reconsideration of the 2024 disapproval action.

The agency’s own summary, as published.