Suggested changes to SB16 to better protect air quality
Suggested changes to SB16 to better protect air quality throughout Eastern Texas
1. Add affected counties to the areas that must be included in the analysis of air quality impacts. Affected counties are defined under the Texas Emission Reduction Plan (TERP) and include the so-called near non-attainment counties of the state. The bill currently considers only the impacts on nonattainment counties. Many affected counties have been proactive in undertaking clean air initiatives including Early Action Compacts, and deserve to be protected from the emissions of proposed new power plants.
2. Beef up the criteria for determining whether the emissions from the facility will adversely impact air quality. The current language in SB16 considers only compliance with the State Implementation Plan, which would not be protective of areas of the state like Austin, San Antonio and Waco that are still in attainment of air quality standards. Our recommended language is based on the criteria referenced in state and federal permitting rules, but not currently adhered to. Specifically, 30 TAC §116.160(a) incorporates the federal regulation at 40 CFR § 52.21(k).
3. Specify that photochemical grid modeling should be used to determine the proposed plant’s impact on the formation of ozone in areas downwind under typical high-ozone conditions. This seemingly technical suggestion is made because the TCEQ currently requires only a limited screening tool to evaluate the impacts in the immediate vicinity of the plant. The ozone impacts evaluation should include emissions from pending permit applications that are administratively complete.
4. Clarify the remedy if the ozone analysis finds that the impact is greater than de minimis. We do not propose that a plant should not be built. We suggest that the plant be held to the same standards that a plant built in a nonattainment would have to meet. We expect that the only practical difference between today’s practice and this legislation would be the requirement that offsetting reductions be made. And some Texas power plant applicants have voluntarily agreed to make such offsetting reductions, though these account for less than half of the plants recently built or proposed. (TXU, NRG, CPS Energy, LCRA, Austin Energy).
5. Allow for public review of and comment on the ozone air quality impacts analysis.
6. Move up date on which this requirement applies to new power plants to January 1, 2010. With the adoption by EPA of a more stringent ozone standard, it is more important than ever for Texas to begin considering the ozone impacts of new power plants before issuing new permits.
