# 2026-19496: Texas scraps smoky rules after EPA smackdown—comment now!

2026-19496, Notice of Availability for Public Comment; Reconsideration of Air Plan Disapproval; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter, is a Federal Register notice from Environmental Protection Agency published 2026-09-24, effective Written comments must be received on or before October 26, 2026.; PRIA reads it as touching household money (as of 2026-10-01).

- Canonical: https://policyrisk.com/federal-register/2026-19496
- As of: 2026-10-01
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-19496
- Title: Notice of Availability for Public Comment; Reconsideration of Air Plan Disapproval; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter
- Type: Notice
- Agencies: Environmental Protection Agency
- Citation: 91 FR 60616
- Published: 2026-09-24
- Effective: Written comments must be received on or before October 26, 2026.
- Comments close: 2026-10-26
- Significant: no
- Touches household money: yes
- Regulation identifier numbers: none
- Last updated: 2026-10-01

## In one line

Texas scraps smoky rules after EPA smackdown—comment now!

## 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!

## Abstract

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.

## Effects PRIA read

- Four Power Plant Orders Rescinded: mixed, low. 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…
- Public Comment Opportunity on Reconsideration: benefit, low. 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…
- EPA's 2024 SIP Disapproval for MSS Emissions: cost, medium. 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 req…

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## Sources
- [2026-19496 on federalregister.gov](https://www.federalregister.gov/documents/2026/09/24/2026-19496/notice-of-availability-for-public-comment-reconsideration-of-air-plan-disapproval-texas-control-of)
- [2026-19496 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-09-24/pdf/2026-19496.pdf)

## Related
- [Previous: 2026-19494, Actions Taken at the September 16, 2026 Meeting](https://policyrisk.com/federal-register/2026-19494)
- [Next: 2026-19497, Proposed Consent Decree; Clean Air Act Citizen Suit](https://policyrisk.com/federal-register/2026-19497)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-19496 (as of 2026-10-01).