EPA Announces Reconsiderations for Various Burdensome Obama and Biden-era Air Related Actions, Responding to Texas’ Request
WASHINGTON – Today, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin sent a letter responding to Texas Governor Greg Abbott’s request to reconsider various Obama and Biden-era air related actions that resulted in significant economic harm and burdensome requirements for Texans.
“Texas should not be unfairly punished with burdensome requirements, such as being forced to implement a vehicle inspection and maintenance program, if the state’s data shows they are meeting air quality standards,” said EPA Administrator Lee Zeldin. “While EPA cannot prejudge the outcomes of these reconsiderations, the agency is committed to working with Texas to make sure this is done right. Through cooperative federalism, we are working with states across our nation to create economic prosperity while ensuring they continue to provide clean air for their residents.”
After considering new information provided by the Texas Commission on Environmental Quality, EPA finds it appropriate to reconsider Texas’ nonattainment classification for the 2015 Ozone National Ambient Air Quality Standards (NAAQS). This includes reexamining San Antonio’s specific nonattainment status also for the 2015 Ozone NAAQS. Additionally, the agency is reconsidering the state’s nonattainment status for the 2008 Ozone NAAQS for Houston-Galveston-Brazoria and Dallas-Fort Worth.
Simultaneously, EPA is announcing the reconsideration of the Biden EPA’s 2022 disapproval of Texas’ Clean Air Act (CAA) 179B demonstration. Section 179B of the CAA allows states to demonstrate they would have met federal ozone quality standards but for emissions transported into the area from outside the United States.
EPA cannot prejudge the outcome of these reconsiderations; however, if EPA were to redesignate or reclassify Texas ozone nonattainment areas, those areas would no longer be subject to certain stringent CAA requirements. This would ensure that manufacturers and residents in Texas are not penalized for pollution originating beyond their borders and control, allowing the region to continue growing and developing while maintaining clean air.
EPA plans to propose reconsideration actions by the end of this year and finalize all actions next year.