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apAUSTIN, Texas — Texas officials on Monday appealed the U.S. Environmental Protection Agency's decision to overturn a 16-year-old state air permitting program.
Texas Attorney General Greg Abbott filed the petition for reconsideration with the U.S. 5th Circuit Court of Appeals in New Orleans.
The EPA ruled last month that the state's so-called flexible permit program violated the Clean Air Act, which requires state-issued permits to set limits on each of the dozens of individual production units inside a plant. The state's program set a general limit on how much air pollutants an entire facility can release.
The EPA's decision will force some 125 refineries and petrochemical plants to invest millions of dollars to get new permits. Many plants may also have to invest in updates to comply with federal regulations.
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