The EPA overturned a 16-year Texas air-permitting program. The agency said the program violated the Clean Air Act. The behind-closed-door dispute has been burning for years as a political stew that finally boiled over into an issue of state's rights. In the mean time, some of the largest air emissions operations in the country operate in Texas and are currently in limbo as to what rules they must follow.

The EPA declaration was made in a press release on Wednesday, June 30, 2010. While the move is not a total surprise to anyone, it will force industries to review their facilities and perhaps invest in additional upgrades. It is forecast to impact some 140 refineries and petrochemical facilities to invest millions of dollars to get new permits.

At the heart of the issue was the Texas Flexible Permit Program. The program was a general permit that regulated emissions from an entire facility. The EPA determined this was not adequate to control emissions from processes as defined in the Clean Air Act. Although the state had been issuing permits since 1994, it had never been completely granted federal approval. The courts had ordered the EPA to make a final determination by June 30 and a request for an extension had been denied.

To read the EPA press release in its entirety, click here.