Is BACT Getting Cut Back?: A Look at the Requirements of the Clean Air Act in the Wake of a Possible Energy Crisis, the Desire for Clean and Efficient Energy Suppliers, the Futuregen Project, and Txu's Proposed Plants

Date

2007

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Journal of Texas Administrative Law

Abstract

Discusses decisions that the TCEQ faces with TXU permits for new coal plants in Texas. It addresses how TXU is required to meet Clean Air Act standards, which requires the use of BACT. Further, it explains how the TCEQ must balance the demands from various interested parties, including Mayors across Texas, Environmental Defense, Blue Skies Alliance, and the Sierra Club. It discusses the new proposed energy technology—Integrated Gasification Combined Cycle (IGCC), and TXU’s proposed Selective Catalytic Reduction technology. It reports how Governor Perry is responding to the energy crisis and how his fast-track order was publically received. Finally, this comment discusses what factors TCEQ should consider before issuing its decision, why TXU needs to prove the technical practicability of SCR, and how IGCC is currently winning in technical practicability.

Description

Keywords

Administrative law, Clean Air Act, Energy law, Environmental law, Coal plant permits

Citation

9 Tex. Tech. Admin. L.J. 131