Texas scraps smoky rules after EPA smackdown—comment now!
Published Date: 9/24/2026
Notice
Summary
Texas tried to set rules to control smoke and dust from power plants during maintenance, but the EPA said those rules didn’t fully meet clean air laws and rejected them in 2024. Now, Texas has canceled half of those rules, and the EPA is asking the public for thoughts before deciding what to do next. If you care about clean air in Texas, speak up by October 26, 2026!
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
EPA's 2024 SIP Disapproval for MSS Emissions
On December 20, 2024, the EPA disapproved Texas's August 20, 2020 SIP submission addressing emissions during planned maintenance, startup, and shutdown (MSS) for certain electric generating units. The EPA's stated reasons included that the Agreed Orders did not meet Clean Air Act enforceability requirements and that emission limitations did not apply on a continuous basis, citing lack of monitoring, recordkeeping, clarity on start/duration, and absent work practices.
Four Power Plant Orders Rescinded
In May 2025, the Texas Commission on Environmental Quality (TCEQ) revoked four of the eight Agreed Orders (AOs) that were part of Texas's August 20, 2020 SIP submission. The rescinded AOs applied to TMPA Gibbons Creek, PSCO Oklaunion, SPS Harrington, and SWEPCO H.W. Pirkey because those sources had shut down, were no longer operating, or had transitioned to natural gas.
Public Comment Opportunity on Reconsideration
The EPA is asking the public to submit comments by October 26, 2026, to inform its reconsideration of the December 20, 2024 disapproval of Texas's 2020 SIP submission. Submit comments at https://www.regulations.gov using Docket No. EPA-R06-OAR-2021-0029; the EPA says it will consider information on the impact of TCEQ's rescission of four AOs and any other relevant material.
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