The EPA ruled last month that the Texas flexible general air permit program violated the Clean Air Act. Although the state has been issuing permits since 1994, they had never been granted permitting rights by the federal agency. The state’s attorney general filed papers in the 5th Circuit Court of Appeals in New Orleans on July 26, 2010 asking that the decision be reconsidered.

The EPA insists that air regulations require each of what could be dozens of production units within a facility. The state’s flexible permit program requires emission control of an entire facility. The decision by the EPA forces nearly 125 petroleum related plants to invest millions of dollars for new permits and potentially, new or updated control equipment.

The state maintains that the permit program has been working, that it complies with regulations and the air quality has improved since the program was launched. The federal agency said that the program masks pollution and makes it impossible to regulate emissions and protect public health.

The EPA had told the state some five years ago that their program violated the Clean Air Act but never took action. Industry in the state felt uncomfortable and filed suit asking that a final decision be made by the EPA.