WASHINGTON — The U.S. Environmental Protection Agency announced Tuesday it will reconsider several air quality regulations from previous administrations that Texas officials claim inflict economic harm. EPA Administrator Lee Zeldin sent a letter to Texas Governor Greg Abbott, responding to the state's request for a review of the rules.
Zeldin said Texas should not face unfair penalties like mandatory vehicle inspection programs if its data shows compliance with air quality standards. He said the agency is committed to collaborating with Texas for a resolution, emphasizing cooperative federalism to balance economic prosperity and clean air.
The EPA's decision follows new information provided by the Texas Commission on Environmental Quality. The agency found it appropriate to reexamine Texas' nonattainment classification for the 2015 Ozone National Ambient Air Quality Standards (NAAQS).
This reexamination specifically includes San Antonio's nonattainment status for the 2015 Ozone NAAQS. The EPA is also reconsidering the nonattainment status for the 2008 Ozone NAAQS in the Houston-Galveston-Brazoria and Dallas-Fort Worth areas.
At the same time, the EPA is reopening its 2022 disapproval of Texas' Clean Air Act (CAA) Section 179B demonstration. This section allows states to show they would have met federal ozone standards if not for emissions transported from outside the United States.
If the EPA redesignates or reclassifies these Texas ozone nonattainment areas, they would no longer be subject to certain stringent CAA requirements. This change aims to prevent manufacturers and residents in Texas from being penalized for pollution originating beyond their control, allowing for continued growth while maintaining air quality.
The EPA plans to propose these reconsideration actions by the end of this year and finalize all decisions next year. The agency's move comes as Texas faces a declared state of emergency due to rising diesel prices.
Abbott issued the emergency declaration after diesel prices hit a record $5.86 per gallon, a substantial increase from $3.30 per gallon in February. The declaration suspended specific emissions rules, increased truck weight limits and expanded the use of tax-exempt dyed diesel on state roads.
The governor's emergency measures also included a request for an EPA waiver of federal ultra-low-sulfur diesel requirements. These combined actions reflect Texas' push for regulatory relief during economic pressures related to fuel costs and environmental compliance.
