Nov. 7, 2000The Texas Natural Resource Conservation Commission must propose by Nov. 15 trading rules for nitrogen oxide (NOx) emissions among owners and operators of electric power generating plants within the Dallas-Fort Worth area and East Texas, under a settlement agreement with TXU Electric & Gas, a unit of TXU Corp.
Under the agreement, the Dallas utility agreed to cut NOx emissions from its Dallas-Fort Worth area plants by an average of 88% and in East Texas by an average of 50%. The TNRCC had proposed and TXU had challenged in court rules which would have required 88% and 50% reductions, respectively, be made on a plant by plant basis.
TXU agreed to withdraw its lawsuit by May 31, 2001, so long as certain conditions continue to be met and the settlement is not challenged by the US Environmental Protection Agency (EPA). A Dallas spokesman for the EPA said the settlement is acceptable since the total reduction in pollution will remain the same.
If all goes as plans, the agreement will become part of the TNRCC’s plan to demonstrate compliance with the National Ambient Air Quality Standard for ozone in the Dallas-Fort Worth ozone nonattainment area under the Clean Air Act. That plan is currently under review by the EPA..
Officials from both TXU Electric & Gas and the TNRCC praised the settlement calling it a victory for Texans.
“This agreement will bring to an end the legal challenge by TXU Electric & Gas of the D/FW clean air plan,” said TNRCC Chairman Robert J. Huston.