Bryan W. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, P.G., Executive Director 

## RECEIVED- 6POL AIR PLANNING SEC.



## 11 OCT**I~** 

## PH 2: 55

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing andPreventing Pollution



### Alfredo Armendariz, Ph.D. Regional Administrator October 13, 2011



### U.S. Environmental Protection Agency- Region 6 1445 Ross Avenue Dallas, Texas 75202-2733
Dear Dr. Armendariz: Docket No. 2011-0331-SIP Project No. 2011-016-SIP-NR



### On October 5, 2011, the Texas Commission on Environmental Quality (Commission) adopted revisions to the State Implementation Plan (SIP) for the Infrastructure Demonstration for the 2008 Lead National Ambient Air Quality Standard.
The Commission adopted SIP revisions demonstrating how the infrastructure elements listed in Federal Clean Air Act (FCAA), §no(a)(2) are currently addressed in the Texas SIP. The SIP revision outlines the requirements ofFCAA, §no(a)(2)(A) through (M) and the Texas statutes and rules that allow the TCEQ to meet those requirements. These requirements include basic program elements such as enforceable emission limitations and control measures, air quality monitoring and modeling, a permitting program, adequate funding and personnel, authority under state law to carry out the plan, emissions reporting, emergency powers, public participation, andfee collection.
Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record ofthe public hearing, and the accompanying order. I lookforward to your expeditious approval ofthese SIP revisions. Sincerely,

# ~'·~~ Chairman
BWS/ab
Enclosures

cc: The Honorable Rick Perry, Governor ofTexas Mr. Toby Baker, Office ofBudget, Planning and Policy, Office ofthe Governor Mr. Mark R. Vickery, P.G., Executive Director, Texas Commission on Environmental Quality

P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us

### TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

THE STATE OF TEXAS COUNIT OF TRAVIS

# ~~.I**~j** Docket 

### No. 2011-0331-SIP

This is to certify thatthe attached are true and correct copies ofdocuments for revisions to the Texas State Implementation Plan, adopted on October 5, 2011, 

### pursuantto 40 

### Code ofFederal Regulations§ 51.104. 

### I amthe records administrator for the Air Quality Division ofthe Texas Commission on Environmental Quality (Commission).

# ~,~~· DaVidBer,**Di~** 

### - Air Quality Division Texas Commission on Environmental QualityTexas Commission on Environmental Quality Public Hearing July 25, 2011 Concerning Revisions to the State Implementation Plan (SIP) Infrastructure Demonstration for the 2008 Lead National Ambient Air Quality Standard Project No. 2011-016-SIP-NRINTRODUCTION

The Texas Commission on Environmental Quality (commission) held a public hearing in Austin on July 25, 2011, to receive testimony regarding revisions to the state implementation plan (SIP).

The revision incorporates a plan that addresses the infrastructure requirements of Federal Clean Air
Act (FCAA) §11 O(a)(1) and (2) underthe 20081ead National Ambient Air Quality Standard (NAAQS).
These revisions,document how each infrastructure element is currently addressed in the Texas SIP by outlining the requirements in FCAA §11 O(a)(2)(A)- (M) and the state statutes and rules that allow
Texas to meet each requirement.

The comment period closed on July 29, 2011. All testimony and comments have been reviewed
and seriously considered. This hearing record contains a complete record ofthe public hearing and
is divided into the following four sections:

o Public Notification and Proposal

o Written and Oral Testimony

o Evaluation of Testimony

o Staff Recommendations/Order

Additional copies ofthis hearing record are maintained in the TCEQ central office at 12100 Park 35 Circle, Austin, Texas 78753. For further information, please contact Shelley Naik at (512) 239-1536.

# PUBLIC NOTIFICATION AND PROPOSALPUBLIC NOTIFICATION

Notification to the public of the proposed revisions was conducted by the following procedures:

1. Publication of notice of public hearing in the following newspapers on the date listed:
Austin American-Statesman: June 24, 2011

2. Publication of the Notice of Public Hearing in the July 8, 2011, issue of the Texas Register(36 TexReg 4449).

3. Correspondence forwarding the notice of public hearings to the following officials and agencies: Speaker ofthe House
Lieutenant Governor
Alamo Area Council of Governments Capital Area Planning Council City ofAustin, Mayor's Office City of Dallas, Department of Environmental Quality City of Dallas, Department of Aviation City of El Paso, Environmental Services City of Fort Worth, Environmental Management Department City of Houston, Department of Health and Human Services
East Texas Council of Governments
El Paso Metropolitan Planning Organization
Federal Highway Administration
Galveston County Health District
Harris County Public Health and Environmental ServicesNorth Central Texas Council of Governments
Houston-Galveston Area Council
South East Texas Regional Planning Commission
Texas Department of Transportation
Travis County Judge
Victoria Metropolitan Planning Organization
Arkansas Department of Pollution Control and Ecology
Louisiana Department of Environmental Quality
New Mexico Environmental Department
Oklahoma Department of Environmental Quality
United States Environmental Protection AgencyExample of Newspaper Classified Ad
Austin American-Statesman, June 24, 2011

NonCE OF PUBLIC HEARING BYTHE TEXAS COMMISSION ON ENVIRONMENTAL

QUALm ON PROPOSED REVISIONS TO

THE STAlE IMPLEMENTAnON PLAN TheTexas Commission on Environmental Quality rTCEQ) will conduct a public hearing to receive comments concerning revisions to the state implementation plan (SIP), under the requirements ofTexasHealth and Safety Code, §382.D12 and §38l.Q13; and40Code of Federal Regulations §51. 102 ofthe United States Environmental Protection Agency regulations concerning SIPs. The,proposed revision would incolllorate a planto address the infrastructure require- ments ofFederal Clean Air Act (FCAA), §110(a){1) and {2) under the 2008 lead Na· tionaIAmbient Air Quality Standard (NAAQS): These revisions would document how each Infrastructure elementIs currently addressed in theTexas SIP by outliningthe require· ments in FCAA, §110{a)(2)(A) through (M) and the state stattltes and rules that allowTexas to meeteach requirement. A public hearing onthis proposal will be held in Austin on July 2S, 2011, at 1 0;00 a.m., atthe TCEQ headquarters, 12100 Park35 Circle, Building F, Room 2210. The hearing will be structuredfor the re<:eipt oforal orwritten comments byinterested persons. Individuals may present oral statementswhen called upon in order ofregistration.There wm beno open discussion during the hearing; however, TCEQ staffwill be available to discuss the proposal30 minutes prior to the hearing. Persons who have special communication or, otheraccommodation needs who are plan• ning to attendthe hearing should contact Shelley Naik with the Air Quality Division ett (S12) 239-1536. Requests should bemade**a~** far In advance as possible. Comments may be submitted to Shelley Naik, MC 206, Air Quallry Division, ChiefEngineer's Office, Texas Commission on Environmental Qualiry, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-5687. Electronic comments may be submitted at**www~ceq.tex.as.gov/rules/ecomments/.** File size restrictions mayapply to comments beIng submittedvia the eComments system. AJJ commentspertaining to theLead lnfrastruc·. ture Plan for the 2008 Lead NAAQS SIP revh slon should reference ProJect Number 2011- ·016-SIP-NR. The comment period closes on July 29, 2011. Copies ofthe proposed SIP revision can be obtained from the TCEQ's Web site athttp://www.tceq.texas.gov/alrquality/ sip/criteria-pollutants/sip-lead. For**furth~**.,: lnforrriatlon, please contactShelleyNalk, .\If: Quarrty Plannlrig Section, (512) 239-1536. IssuedInAUstin,Texas, onJune 22, 2011.ecutive director to prove that it is a non-deteriorated condition; 30 TAC §290.46(m), by failing to in iate maintenance and housekeeping practices to ensure the good wo king eondition and general appearance offacility number 3; 30 TAC §290.46(m)(4), by failing to initiate maintenance facilities. and all r lated appurtenanees in a watertight condition; and 30 TAC §290.5l(a) 3) and TWC, §5.702, by failing to pay all annual and late PHS fees fi r TCEQ Finaneial Administration Account Number 9I520080 for Fi al Years 2005- 2008; PENALTY: $2,799; STAFF ATIORNEY: Rud Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONA OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, ubbock, Texas 79414-3421, (806) 796-7613. TRD-201102441 Kathleen C. Decker Director, Litigation Division Texas Commission on Environmen 1Quality Filed: June 28, 2011

# • • Notice ofPublic Hearing on Proposed Revisions to the State Implementation Plan The Texas Commission on Environmental Quality (TCEQ) will conduct a public hearing to receive comments concerning revisions to the state implementation plan (SIP), under the requirements ofTexas Health and Safety Code, §382.012 and §382.D13; and 40 Code ofFederal Regulations §5 L I02 of the United States Environmental Protection Agency regulations concerning SIPs. The proposed revision would incorporate a plan to address the infrastructure requirements of Federal Clean Air Act (FCAA), §IlO(a)(I) and (2) under the 2008 lead National Ambient Air Quality Standard (NAAQS). These revisions would document how each infrastructure element is currently addressed in the Texas SIP by outlining the requirements in FCAA, §IIO(a)(2)(A)

- (M) and the state statutes and rules that allow Texas to meet each requirement. A public hearing on this proposal will be held in Austin on July 25, 2011, at 10:00 a.m., at the TCEQ headquarters, 12100 Park 35 Circle, Building F, Room 22I0. The hearing will be structured for the receipt of oral or 'WTitten comments by interested persons. Individuals may present oral statements when called upon in orderofregistration. There will be no open discussion during the hearing; however, TCEQ staff will be available to discuss the proposal30 minutes priorto the hearing. Persons who have special communication or other accommodation needs who are plarming to attend the hearing should contact Shelley Naik with the Air Quality Division at (512) 239-1536. Requests should be made as far in advance as possible. Comments may be submitted to Shelley Naik, MC 206, Air Quality Division., Chief Engineer's Office, Texas Commission on Envirorunental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (5I2) 239-5687. Electronic comments may be submitted at www5.tceq.texas.govlndeslecommentsl File size restrictions may apply to comments being submitted via the eComments system. All comments pertaining to the Lead Infrastructure Plan for the 2008 Lead NAAQS SIP revision should reference Project Number 2011-016-SIP-NR. The comment period closes on July 29, 20Il. Copies ofthe proposed SIP revision can be obtained from the TCEQ's website at http:!/w"W'.'.:tceq.texas.gov/airquality/siplcriteria-pollutantslsip-lead. For further information, please contact Shelley Naik, Air Quality Planning Section, (512) 239-1536. TRD-201102429 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: June 28, 2011

# •
Notice of Public Hearing on P State Implementation Plan and Texas Commission on Enviro Technologies 

# • posed Revisions to the greed Order Between the ental Quality and Exide

The Texas Commission on Env onmental Quality (TCEQ) will conduct a public hearing to recei comments concerning proposed revisions to the state implementat on plan (SIP) under the requirements ofTexas Health and Safety de, §382.0I7; Texas Government Code, Chapter 200I, Subchapter · and 40 Code of Federal Regulations §51. I02 ofthe United States nvironmental Protection Agency regulations concerning SIPs. The proposed Collin County Atta' ent Demonstration SIP revision would incorporate Federal Clean A r Act required elements, including a reasonably available control tee ology analysis, demonstration of attainment through air dispersion deling, a control strategy demonstration, an emissions inventory, a monstration ofreasonable further progress, and contingency measure . (Project Number 20 11-00I-SIPNR) The control measures and continge cy measures identified in this proposed Collin County Attairunent monstration SIP revision will be enforceable through an Agreed Or er bet\>.'een the TCEQ and Exide Technologies. (Project Number 20 1-024-MIS-NR). A publie hearing on these proposal will be held in Frisco, Texas, on July 28, 20Il, at 6:00p.m., at the G rge A. Purefoy Municipal Center, 6101 Frisco Square Boulevard, Ci Council Chambers. The hearing will be structured for the receipt o oral or written comments by interested persons. Individuals may p sent oral statements when ealled upon in order ofregistration. There \\<ill be no open discussion during the hearing; however, TCEQ staff ill be available to discuss the proposal one hour prior to the hearing. Persons who have special comm needs who are planning to attend Brightwell with the Air Quality Di should be made as far in advance ication or other accommodation e hearing should contact Holly sion at (512) 239-4905. Requests possible. Comments may be submitted to oily Brightwell, MC 204, Air Quality Planning, Chief Engineer s Office, Texas Commission on Environmental Quality, P.O. Box I 087, Austin, Texas 78711-3087, or faxed to (5I2) 239-5687. Electr nic comments may be submitted at www5.tceq.texas.govlrnles/ecom entsl. File size restrictions may apply to comments being submitted via the eComments system. All comments pertaining to the Coli n County Attainment Demonstration for the 2008 Lead National ient Air Quality Standard SIP revision should reference Project N her 2011-001-SIP-NR. All comments pertaining to the Agr ed Order should reference Project Number 2011-024-MIS-NR. The eomment period closes on ugust 8, 20II. Copies of the proposed SIP revision can be ob ined from the TCEQ"s website at http://www.tceq.texas.gov/imp mentationlairlsipltexas-sip/criteria-pol/utants/sip-lead. For further formation, please contact Holly Brightwell, Air Quality Planning Se tion, (512) 239-4905. TRD-201102430

INADDITION July 8, 2011 36 TexReg 4449Bryan W. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, P.G., Executive Director



### TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas byReducing andPreventing Pollution

NOTICE OF PUBLIC HEARING BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ON PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN

TheTexas Commission on Environmental Quality (TCEQ) will conduct a public hearing to receive comments concerning revisions tothe state implementation plan (SIP), underthe requirements ofTexas Health and Safety Code, §382.012 and §382.013; and 40 Code ofFederal Regulations §51.102 ofthe United States Environmental ProtectionAgency regulations concerning SIPs. The proposed revision would incorporate a plan to address the infrastructure requirements of Federal Clean AirAct (FCAA), §11o(a)(1) and (2) under the 2008lead National AmbientAir Quality Standard (NAAQS). These revisions would document how each infrastructure element is currently addressed in the Texas SIPbyoutliningthe requirements in FCAA, §11o(a)(2)(A) through (M) andthe state statutes and rules that allowTexas to meet each requirement. A public hearing on this proposal will be held inAustin on July 25, 2011, at 10:oo a.m., atthe TCEQ headquarters, 12100 Park 35 Circle, Building F, Room 2210. The hearing will be structured for the receipt oforal orwritten comments byinterested persons. Individuals may present oral statements when called upon in order ofregistration. There will be no open discussion during the hearing; however, TCEQ staffwill be available to discuss the proposal30 minutes prior to the hearing. Persons who have special communication orother accommodation needs who are planningto attend the hearing should contact Shelley Naik with theAir Quality Division at (512) 239-1536. Requests shouldbe made as far in advance as possible. Comments maybe submitted to Shelley Naik, MC 206, Air Quality Division, ChiefEngineer's Office, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711- 3087, orfaxed to (512) 239-5687. Electronic comments maybe submitted at www5.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to commentsbeing submitted via the eComrnents system. All comments pertainingtothe Lead Infrastructure Plan for the 2008 Lead NAAQS SIPrevision should reference Project Number 2011-016-SIP-NR. The comment period doses onJuly 29, 2011. Copies ofthe proposed SIP revision can

### be obtained from theTCEQ's Web site at http://www.tceq.texas.gov/airquality/sip/criteriapollutants/sip-lead. For further information, please contact Shelley Naik, Air Quality Planning Section, (512) 239-1536. Issued in Austin, Texas, on June 22, 2011.

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov How is our customer service? tceq.texas.govfgotofcustomersurvey printed on recycled papuREVISIONS TO THE STATE OF TEXAS AIR QUALITY IMPLEMENTATION PLAN CONCERNING FEDERAL CLEAN AIR ACT SECTIONS 11o(a)(1) AND (2) INFRASTRUCTURE

INFRASTRUCTURE DEMONSTRATION FOR LEAD

TEXAS COMMISSION ON ENVIRONMENTAL QUAL11Y P.O. BOX 13087 AUSTIN, TEXAS 78711-3087

INFRASTRUcruRE DEMONSTRATION FORTHE 2008 LEAD NATIONAL AMBIENTAIRQUALI1YSTANDARD

PROJECTNUMBER 2011-016-SIP-NR

Proposal June 22, 2011

### This page intentionally left blankEXECUTIVE SUMMARY
This revision to the state implementation plan (SIP) for lead infrastructure is being submittedto meet the Federal Clean Air Act (FCAA), §no(a)(1) requirement for states to submit SIP revisions within three years after the promulgation ofnew or revised National Ambient Air Quality Standards (NAAQS) to meet the infrastructure requirements ofFCAA, §no(a)(2). On October 15, 2008, the United States Environmental Protection Agency substantially strengthenedthe NAAQS for lead. The new standard, set at 0.15 micrograms percubic meter (!lg/m3) measured as a rolling three-month average, is 10 times more stringent than the previous standard of 1.5 J.lg/m3 measured as a quarterly average. The purpose ofthis SIP revision is to documentthatthe Texas SIP documented at40 Code ofFederal Regulations Part 52, Subpart SS contains all the infrastructure elements requiredby FCAA, §uo(a)(2) for the implementation, maintenance, and enforcement ofthe 2008leadNAAQS. Because the infrastructure demonstration explains how the existing Texas statutes and rules will allow the state to meet its obligations under the FCAA, the infrastructure SIP has been developed as an expansion ofthe existing Section V: 

### Legal 

### Authority section ofTexas' SIP. This expanded section is uniqueto infrastructure SIP revisions thatare submittedto meet the requirements ofFCAA, §no(a)(1), and demonstrates that the state can provide for the implementation, maintenance, and enforcement ofthe NAAQS.
This infrastructure demonstration outlines the requirements ofFCAA, §no(a)(2)(A) through (M) and the Texas statutes and rules that allow theTexas Commission on Environmental Quality to meetthose requirements. These requirements include basic program elements such as enforceable emission limitations and control measures, air quality monitoring and modeling, a permitting program, adequate funding and personnel, authorityunder state lawto carry out the plan, emissions reporting, emergencypowers, public participation, andfee collection. Section 110(a)(2)(D) relating to interstate transport ofemissions will notbe included in this SIP revision but will be addressedin a separate LeadTransport SIP Revision.

ES-1SECTION V: LEGAL AUTHORI1Y


### A. General (Revised) B. Infrastructure Demonstration for Lead (Revised) 1. 

### 2008 Lead National Ambient Air 

### Quality Standard (Revised)

iiTABLE OF CONTENTS
Executive Summary Section V: Legal Authority Table ofContents List ofAcronyms List ofTables Section V-A: Legal Authority Section V-B-1: Infrastructure Demonstration for the 2008 Lead National Ambient Air Quality Standard Chapter 1: Introduction 1.1 Background 1.2 Public Hearing and Comment Information 1.3 Social and Economic Considerations 1.4 Fiscal and Manpower Resources 1.5 Coordination with Local Agencies 1.6 Organizations Responsible for Development, Implementation, and Enforcement Chapter 2: Texas StatutoryAuthority 2.1 Background 2.2 StatutoryAuthority Chapter 3: Texas RegulatoryAuthority 3.1 RegulatoryAuthority 3.1.1 FCAA, §uo{a)(2)(A) 3.1.2 FCAA, §uo{a)(2)(B) 3.1.3 FCAA, §uo(a)(2)(C) 3.1.4 FCAA, §uo{a)(2)(D) 3.1.5 FCAA, §uo(a)(2)(E) 3.1.6 FCAA, §uo(a)(2)(F) 3.1.7 FCAA, §uo(a)(2)(G) 3.1.8 FCAA, §uo(a)(2)(H) 3.1.9 FCAA, §uo{a)(2)(I) 3.1.10 FCAA, §uo(a)(2)(J) 3.1.11 FCAA, §uo{a)(2)(K)

iii3.1.12 FCAA, §no(a)(2)(L) 3.1.13 FCAA, §no(a)(2)(M) 3.2 Conclusion

ivCFR EPA FCAA FR NAAQS NSR PM2.5 PSD SIP TAC TACB TCAA TCEQ TNRCC TR ilg/m3 LIST OFACRONYMS
Code ofFederal Regulations United States Environmental ProtectionAgency Federal Clean Air Act Federal Register National AmbientAir Quality Standard New Source Review fine particulate matter Prevention ofSignificant Deterioration state implementation plan Texas Administrative Code Texas Air Control Board Texas Clean Air Act Texas Commission on Environmental Quality (commission) Texas Natur,al Resource Conservation Commission Texas Register micrograms per cubic meter

vLIST OF TABLES
Table 1-1: Public Hearing Information

vi

### SECTIONV-A: 

### LEGALAlJfHORI1Y
A. General The Texas Commission on Environmental Quality (TCEQ) has the legal authorityto implement, maintain, and enforce the National Ambient Air Quality Standards (NAAQS) and to control the quality ofthe state's air, including maintaining adequate visibility. The first air pollution control act, known as the Clean Air Act ofTexas, was passedbythe Texas Legislature in 1965. In 1967, the Clean Air Act ofTexas was supersededby a more comprehensive statute, theTexas Clean Air Act (TCAA), found in Article 4477-5, Vernon's Texas Civil Statutes. The legislature amended theTCAA in 1969, 1971, 1973, 1979, 1985, 1987, 1989, 1991, 1993, 1995, 1997, 1999, 2001, 2003, 2005, 2007, and 2009. In 1989, the TCAA was codified as Chapter 382 ofthe Texas Health and Safety Code. Originally, the TCAA stated that the Texas Air Control Board (TACB) is the state air pollution control agency and is the principal authority in the state on matters relating to the quality ofair resources. In 1991, the legislature abolished the TACB effective September 1, 1993, and its powers, duties, responsibilities, and functions were transferredto the Texas Natural Resource Conservation Commission (TNRCC). With the creation ofthe TNRCC, the authority over air quality is found inboth theTexas Water Code andtheTCAA. Specifically, the authority ofthe TNRCC is found in Chapters 5 and 7· Chapter 5, Subchapters A- F, H- 

### J, and L, include the general provisions, organization, and general powers and duties ofthe TNRCC, and the responsibilities and authority ofthe executive director. Chapter 5 also authorizes the TNRCC to implement action when emergency conditions arise and to conducthearings. Chapter7 gives the TNRCC enforcement authority. In 2001, the 

### nthTexas Legislature continued the existence of the TNRCC until September 1, 2013, and changedthe name ofthe TNRCC to the TCEQ. In 2009, the 81st Texas Legislature, during a special session, amended section 5.014 ofthe Texas Water Code, changing the expiration date ofthe TCEQ to September 1, 2011, unless continued in existence by the Texas Sunset Act.
The TCAA specifically authorizes the TCEQ to establish the level ofqualityto be maintainedin the state's air andto control the quality ofthe state's airbypreparing anddeveloping a general, comprehensive plan. The TCAA, SubchaptersA-D, also authorize theTCEQ to collect information to enable the commission to develop an inventory ofemissions; to conductresearch andinvestigations; to enterproperty andexamine records; to prescribe monitoring requirements; to institute enforcement proceedings; to enter into contracts and execute instruments; to formulate rules; to issue orders taking into consideration factors bearing upon health, welfare, social and economic factors, andpracticability and reasonableness; to conduct hearings; to establish air quality control regions; to encourage cooperation with citizens' groups and other agencies and political subdivisions ofthe state as well as with industries and the federal government; and to establish and operate a system ofpermits for construction or modification offacilities. Local government authority is found in Subchapter E ofthe TCAA. Local governments have the same power as the TCEQ to enter property and make inspections. They also may make recommendations to the commission concerning any action ofthe TCEQ that affects their territorialjurisdiction, maybring enforcement actions, and may execute cooperative agreements with the TCEQ or otherlocal governments. In addition, a city ortown may enact and enforce ordinances for the control and abatement ofairpollution not inconsistent with the provisions of the TCAA and the rules or orders ofthe commission.

viiSubchapters G and H ofthe TCAA authorize the TCEQ to establish vehicle inspection and maintenance programs in certain areas ofthe state, consistent with the requirements ofthe Federal Clean Air Act; coordinate with federal, state, and local transportation planning agencies to develop and implement transportation programs and measures necessary to attain and maintain the NAAQS; establish gasoline volatility and low emission diesel standards; and fund and authorize participating counties to implement vehicle repair assistance, retrofit, and accelerated vehicle retirement programs. B. Applicable Law The following statutes and rules provide necessary authority to adopt and implement the state implementation plan (SIP). The rules listedbelow have previouslybeen submitted as part ofthe SIP. Statutes All sections ofeach subchapter are included, unless otherwise noted. TEXAS HEALTH & SAFE1Y CODE, Chapter 382 TEXAS WATER CODE Chapter 5: Texas Natural Resource Conservation Commission SubcllapterA: General Provisions September 1, 2009 September 1, 2009

Subcllapter B: Organization ofthe Texas Natural Resource Conservation Commission Subcllapter C: Texas Natural Resource Conservation Commission Subcllapter D: General Powers and Duties ofthe Commission Subchapter E: Administrative Provisions for Commission Subcllapter F: Executive Director (except §§5.225, 5.226, 5.227, 5.2275,5.231, 5.232, and 5·236) Subchapter H: Delegation ofHearings Subchapter I: Judicial Review SubchapterJ: Consolidated Permit Processing Subchapter L: Emergency and Temporary Orders (§§5.514, 5.5145, and 5.515 only) Subcllapter M: Environmental Permitting Procedures (§5.558 only) Chapter 7: Enforcement SubchapterA: General Provisions (§§7.001, 7.002, 7.0025, 7.004, and 7.005 only) Subcllapter B: CorrectiveAction and Injunctive Relief(§7.032 only) Subchapter C: Administrative Penalties Subcllapter D: Civil Penalties (except §7.109) Subchapter E: Criminal Offenses and Penalties: §§7.177, 7.179-7.183 Rules All ofthe following rules are found in 30Texas Administrative Code, as ofthe following latest effective dates: Chapter 7: Memoranda ofUnderstanding, §§7.110 and 7.119December 13, 1996 and May 2, 2002 Chapter 19: Electronic Reporting Chapter 35: SubcllaptersA-C, K: Emergency and Temporary Orders and Permits; Temporary Suspension orAmendment ofPermit Conditions

viii March 15, 2007
July 20, 2006Chapter 39: Public Notice, §§39.201; 39-401; 39-403(a) and (b)(S)-(10); 39-405(£)(1) and (g); 39-409; 39.411 (a), (b)(1)-(6), and (8)-(10) and (c)(1)-(6) and (d); 39-413(9), (11), (12), and (14); 39.418(a) and (b)(3) and (4); 39-419(a), (b), (d), and (e); 39-420(a), (b) and (c)(3) and (4); 39-423 (a) and (b); 39.601-39.605 June 24, 2010 Chapter 55: Requests for Reconsideration and Contested Case Hearings; Public Comment, §§55.1; 55.21(a)- (d), (e)(2), (3), and (12), (f) and (g); 55.101(a), (b), and (c)(6)- (8); 55.103; 55.150; 55.152(a)(1), (2), and (6) and (b); 55.154; 55.156; 55.200; 55.201(a)- (h); 55.203; 55.205; 55.209, and 55.211 June 24, 2010 Chapter 101: General Air Quality Rules May 12, 2011 Chapter 106: Permitsby Rule, SubchapterA May 12, 2011 Chapter 111: Control ofAir Pollution from Visible Emissions and Particulate Matter July 19, 2006 Chapter 112: Control ofAir Pollution from Sulfur Compounds July 16, 1997 Chapter 113: Standards ofPerformance for HazardousAir Pollutants and for Designated Facilities and Pollutants May 14, 2009 Chapter 114: Control ofAir Pollutionfrom MotorVehicles December 13, 2010 Chapter 115: Control ofAir Pollutionfrom Volatile Organic Compounds February 17, 2011 Chapter 116: Permits for New Construction or Modification March 3, 2011 Chapter 117: Control ofAir Pollutionfrom Nitrogen Compounds May 12, 2011 Chapter uS: Control ofAir Pollution Episodes March 5, 2000 Chapter 122: §122.122: Potential to Emit December 11, 2002 Chapter 122: §122.215: Minor Permit Revisions June 3, 2001 Chapter 122: §122.216: Applications for Minor Permit Revisions June 3, 2001 Chapter 122: §122.217: Procedures for Minor Permit Revisions December 11, 2002 Chapter 122: §122.218: Minor Permit Revision Procedures for Permit Revisions Involving the Use ofEconomic Incentives, Marketable Permits, and Emissions Trading

ix June 3, 2001SECTION V-B-1: INFRASTRUCTURE DEMONSTRATION FORTHE 2008 LEAD NATIONALAMBIENfAIRQUALTIY STANDARD CHAPTER 1: INTRODUCTION
1.1 BACKGROUND Section 110(a)(1) ofthe Federal Clean Air Act (FCAA) requires states to submit a state implementation plan (SIP) revision to provide for the implementation, maintenance, and enforcement ofthe National AmbientAir Quality Standards (NAAQS). States are requiredto submit the infrastructure portion ofthis SIP requirementto the United States Environmental Protection Agency (EPA) to demonstrate thatbasic program elements have been addressed within three years ofthe promulgation ofany new or revised NAAQS. Section 11o(a)(2) lists the elements thatthese SIP submissions must contain. On October 15, 2008, the EPA substantially strengthenedthe NAAQS for lead. The new standard, set at 0.15 micrograms per cubic meter (l!g/m') measured as a rolling three-month average, is 10 times more stringent than the previous standard of 1.5 11g/m' measured as a quarterly average. This SIP revision is being submittedto provide an update ofthe §11o(a)(2) infrastructure requirements for the 2008leadNAAQS within three years after the promulgation ofthe revised NAAQS, orby October 15, 2011. This chapter outlines FCAA, §11o(a)(2)(A) through (M) with various Texas provisions supporting the requirements. The federally enforceable SIP for Texas is documented at 40 Code ofFederal Regulations Part 52, Subpart SS. The infrastructure demonstration is an expansion ofthe Legal Authority section ofTexas' SIP that provides additional information about how the existing statutes and rules allow Texas to meet the §11o(a)(2) infrastructure requirements ofthe FCAA. Therefore, this SIP revision contains an expanded infrastructure section underthe SIP Legal Authority. This infrastructure section is intended to satisfy the §11o(a)(1) requirementto provide for the implementation, maintenance, and enforcement ofthe NAAQS. Itwill, therefore, be updated as part ofthe infrastructure SIP revisions thatTexas is requiredto submit as new or revised NAAQS are promulgated, but itwill not otherwise be included in otherTexas SIP revisions. Section A ofthe Legal Authority contains the basic listing ofthe Texas' legal framework for adopting SIP revisions, andwill be the default Legal Authority for Texas SIP revisions that are not specifically submittedto meet the FCAA, §11o(a)(1) infrastructure demonstration requirement.
The October 2, 2007, EPA 

### Guidance on SIPElements Required Under Sections 110(a)(1) and (2)for the 1997 8-hour ozone andPM,. 5 

### NationalAmbientAir Quality Standards, andthe September 25,2009, 

### Guidance on SIPElements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM,.s) NationalAmbientAir Quality Standards (NAAQS) indicated that ifa state determines that its existing SIP is adequate, the state can certifyvia a letter to the EPA that the existing SIP contains provisions that address the infrastructure requirements. Although the EPA has indicated that new guidance for infrastructure SIP revisions will be forthcoming, ithas notyet proposed such guidance for any ofthe four NAAQS issued since 2008. The Texas Commission on Environmental Quality (TCEQ) has been in regular communication with EPA Region 6 through monthlyphone calls and other meetings, but as of April 20, 2011, has not received any formal updated guidance for infrastructure SIP submittals. However, as part ofthis communication, in February 2011 the EPA Region 6 informedthe TCEQ that the new guidance for lead infrastructure SIP revisions would require thatthe infrastructure demonstration undergo a notice and comment period as a formal SIP revision. Because the new

1-1lead NAAQS was promulgated on October 15, 2008, the infrastructure SIP submittal for the lead NAAQS is due tothe EPA by October 15, 2011. To meet this deadline with a SIP submittal that has undergone a notice and comment period, the TCEQ mustpropose this SIP revision byJune 2011 tobe able to meet all federal and state notice requirements. The TCEQ is proposingthis SIP revision in orderto meetthe EPA's October 15, 2011, deadline.
The TCEQ acknowledges thatproposed changes tofederal regulations may have future impacts on how the TCEQ meets the requirements ofFCAA, §11o(a)(2), however, this current SIP revision reflects the methods and means by which Texas meets these requirements at the time of this SIP revision. Should future federal rule changes necessitate state rule changes, the TCEQ will act as appropriate atthattime.

1.2 PUBLIC HEARINGAND COMMENT INFORMATION The commission will hold a public hearing for this proposed SIP revision atthe following time and location:
Table 1-1: Public Hearing Information City Date Time Location Austin, TX July 25, 2011 10:00am TCEQ Headquarters, 12100 Park 35 Circle, Building F, Room 2210

The public comment period will open on June 24, 2011, and close on July 29, 2011. Written comments 

### will be accepted via mail, fax, or throughthe eComments (http:/fwww5.tceq.state.tx.us/rulesjecomments) system. All comments should reference the "Lead Infrastructure Plan for the 2008 Lead National AmbientAir Quality Standard" and Project Number 2011-016-SIP-NR. Comments may be submitted to Shelley Naik, MC 206, State Implementation Plan Team, ChiefEngineer's Office, Texas Commission on Environmental Quality, P.O. Box 13087,Austin, Texas 78711-3087 or faxed to (512) 239-5687. Ifyou choose to submit electronic comments, they mustbe submittedthrough the eComments system. File size restrictions may apply to comments being submittedvia the eComments system. Comments mustbe received byJuly 29,2011. Copies ofthe proposed SIP revision and its appendices canbe obtained from the TCEO Web site (http:/ jwww.tceq.texas.gov/airquality/sip/) or upon request to: Texas Commission on Environmental Quality Air Quality Division P.O. Box 13087 Mail Code 206 Austin, Texas 78711-3087 Re: Lead Infrastructure SIP Information 1.3 SOCIALAND ECONOMIC CONSIDERATIONS Because rulemaking is not a part ofthis SIP revision, there are no changes thatwould impact society orthe economy. 1.4 FISCALAND MANPOWERRESOURCES The TCEQ has determined that its fiscal and manpower resources are adequate and 

### will notbe adversely affected through the implementation ofthis plan.

1-21.5 COORDINATIONWITH WCALAGENCIES The TCEQ has determined that there will be no assignment to local agencies. However, preexisting assignments to local agencies regarding various enforcement activities remain in effect and couldbe used ifenforcement activities are delegated to the TCEQ from the EPA.
1.6 ORGANIZATIONS RESPONSIBLE FORDEVELOPMENT, IMPLEMENTATION, AND ENFORCEMENT The TCEQ is the agency delegated authoritybythe Texas Legislature regarding the protection of air quality in the State ofTexas. Otherlocal government entities have limited authority regarding air quality matters in the State ofTexas.

1-3CHAPTER 2: TEXAS STATUTORYAUfHORITY The Texas Commission on Environmental Quality (TCEQ) has thelegal authorityto implement, maintain, and enforce the National Ambient Air Quality Standards (NAAQS). Texas' legal authority has been submitted to the United States Environmental Protection Agency (EPA) as part ofvarious State Implementation Plan (SIP) revisions that have been approved bythe EPA.

2.1 BACKGROUND The first air pollution control act, known as the Clean Air Act ofTexas, was passedby theTexas Legislature in 1965. In 1967, the Clean Air Act ofTexas was supersededby a more comprehensive statute, the Texas Clean Air Act (TCAA), found inArticle 4477-5, Vernon's Texas Civil Statutes. The Legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985, 1987, 1989, 1991, 1993, 1995, 1997, 1999, 2001, 2003, 2005, 2007, and 2009. In 1989, theTCAA was codified as Chapter 382 ofthe Texas Health and Safety Code. Originally, the TCAA stated thattheTexas Air Control Board (TACB) was the state air pollution control agency and was the principal authority in the state on matters relating to the quality of air resources. In 1991, the legislature abolished theTACB effective September 1, 1993, and its powers, duties, responsibilities, andfunctions were transferredto theTexas Natural Resource Conservation Commission (TNRCC). With the creation ofthe TNRCC, the authority over air quality is found in both the Texas Water Code and the TCAA Specifically, the authority ofthe commission is found in Texas Water Code, Chapters 5 and 7· Chapter 5, Subchapters Athrough F, H through 

### J, and L, include the general provisions, organization, and general powers and duties ofthe commission, and the responsibilities and authority ofthe executive director. Chapter 5 also authorizes the commission to implement action when emergency conditions arise andto conduct hearings. Chapter 7 gives the commission enforcement authority. In 2001, the 77thTexas Legislature continuedthe existence ofthe commission until September 1, 2013, and changedthe name ofthe TNRCC to theTCEQ. In 2009, the 81st Texas Legislature, during a special session, amended the Texas Water Code, §5.014, changing the expiration date ofthe TCEQ to September 1, 2011, unless continued in existence bytheTexas SunsetAct.
The TCAA specifically authorizes theTCEQ to establishthe level ofquality to be maintained in the state's air and to control the quality ofthe state's air bypreparing and developing a general, comprehensive plan. The TCAA, Subchapters Athrough D, also authorize the TCEQ to collect information to enablethe commissionto develop an inventory ofemissions; conduct research and investigations; enterproperty and examine records; prescribe monitoring requirements; institute enforcement proceedings; enter into contracts and execute instruments; formulate rules; issue orders taking into consideration factors bearing upon health, welfare, social and economic factors, and practicability and reasonableness; conduct hearings; establish air quality control regions; encourage cooperation with citizens' groups and other agencies and political subdivisions ofthe state as well as with industries and the federal government; and establish and operate a system ofpermits for construction or modification offacilities. Local government authority concerning air quality matters is found in Subchapter E ofthe TCAA. Local governments have the same power as the TCEQ to enter property and make inspections. Local governments may also make recommendations to the commission concerning any action ofthe TCEQ that affects their territorialjurisdiction, may bring enforcement actions, and may execute cooperative agreements with theTCEQ or other local governments. In addition, a city or town may enact and enforce ordinances for the control and abatement ofair pollution not inconsistent with the provisions ofthe TCAA orthe rules or orders ofthe commission.

2-1Subchapters G and H ofthe TCAA authorize the TCEQ to establish vehicle inspection and maintenance programs in certain areas ofthe state, consistent with the requirements ofthe Federal Clean .Ajr Act; coordinate with federal, state, andlocal transportation planning agencies to develop and implement transportation programs and measures necessary to attain and maintain the NAAQS; and fund and authorize participating counties to implementvehicle repair assistance, retrofit and accelerated vehicle retirement programs.

2.2 STATUfORYAUfHORITY The following statutory authority allows for the establishment and operation ofthe TCEQ and the adoption and implementation ofall §no(a)(2) requirements.
Texas Clean .Ajr Act, Texas Health and Safety Code, Chapter 382, except Subchapter I.
Texas Water Code: §5.013(a)(11) & (13) §5.051. §5.052. §5.053. §5.054. §5.059. §5.o6o. §5.101. §5.102. §5.103. §5.104. §5.105. §5.106. §5.107- §5.115. §5.117. §5.120. §5.133- §5.1733- §5.223. §5.230. §5.233. §5.234- §5.237- §5.501. §5.502. §5.514. §5.515. §5.701(a) §5.702. §5.703. §5.704. §5.705. §7.002. GENERAL JURISDICTION OF COMMISSION COMMISSION MEMBERS OF THE COMMISSION; APPOINTMENT EUGIBIU1YFOR MEMBERSHIP REMOVAL OF COMMISSION MEMBERS CONFUCT OF INTEREST LOBBYIST PROHIBITION SCOPE OF SUBCHAPTER GENERAL POWERS RULES MEMORANDA OF UNDERSTANDING GENERAL POUCY BUDGETAPPROVAL ADVISORY COMMITTEES, WORK GROUPS, AND TASK FORCES PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE OF APPUCATION MANDATORY ENFORCEMENT HEARING CONSERVATION AND QUALIITOF ENVIRONMENT ACTIONS IN MEXICO ELECTRONIC POSTING OF INFORMATION ADMINISTRATIVE ORGANIZATION OF COMMISSION ENFORCEMENT GIFTS AND GRANTS APPUCATIONS AND OTHER DOCUMENTS OPERATING FUND EMERGENCYAND TEMPORARY ORDER OR PERMIT; TEMPORARY SUSPENSION ORAMENDMENT OF PERMIT CONDffiON APPUCATION FOR EMERGENCY ORTEMPORARY ORDER ORDER ISSUED UNDERAIR EMERGENCY EMERGENCY ORDER BECAUSE OF CATASTROPHE FEES PAYMENT OF FEES REQUIRED WHEN DUE FEE ADJUSTMENTS NOTICE OF CHANGE IN PAYMENT PROCEDURE NOTICE OF VIOLATION ENFORCEMENTAUTHORI1Y

2-2§7.032. §7.051. §7.052. §7.053- §7.061. §7.066. §7.067. §7.072. §7.073. §7.101. §7.102. §7.103. §7.105. §7.106. §7.177- §7.178. §7.179- §7.180. §7.181. §7.182. §7.183. §7.186. §7.187. §7.302. INJUNCTIVE RELIEF ADMINISTRATIVE PENAL1Y MAXIMUM PENAL1Y FACTORS TO BE CONSIDERED IN DETERMINATION OF PENAL1Y AMOUNT PAYMENT OF PENAL1Y; PETITION FOR REVIEW REFERRALTOATTORNEYGENERAL SUPPLEMENTAL ENVIRONMENTAL PROJECTS RECOVERYOFPENAL1Y CORRECTIVE ACTION VIOLATION MAXIMUM PENAL1Y CONTINUING VIOLATIONS CIVIL SUIT RESOLUTION THROUGH ADMINISTRATIVE ORDER VIOLATIONS OF CLEAN AIRACT FAILURE TO PAY FEES UNDER CLEAN AIRACT FALSE REPRESENTATIONS UNDER CLEAN AIRACT FAILURE TO NOTIFY UNDER CLEAN AIRACT IMPROPER USE OF MONITORING DEVICE RECKLESS EMISSION OF AIR CONTAMINANTAND ENDANGERMENT INTENTIONAL OR KNOWING EMISSION OFAIR CONTAMINANT AND KNOWING ENDANGERMENT SEPARATE OFFENSES PENALTIES GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT

2-3CHAPTER3: TEXAS REGUlATORYAUTHORITY
3.1 REGULATORYAUTHORITY The Texas Commission on Environmental Quality (TCEQ) has promulgated rules implementing statutory authority to meet the requirements ofboththe Federal Clean Air Act (FCAA) and the Texas Clean Air Act. These rules were submitted to the United States Environmental Protection Agency (EPA) in various state implementation plan (SIP) revisions and have been approved in the

### Federal Register (FR) or are pending EPA review. Rules thatare relevant for each FCAA, §uo(a)(2) requirement are noted below.
3.1.1 FCAA, §uo(a)(2)(A) Federal Requirement (A) include enforceable emission limitations and other control measures, means, ortechniques (including economic incentives such as fees, marketable permits, and auctions ofemissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meetthe applicable requirements ofthis chapter;
Texas Requirement The TCEQ has promulgated rules to implement and enforce the National Ambient Air Quality Standards (NAAQS) and other air quality standards. These rules include programs for banking and trading ofemissions, as well as permits and fees. Periodic revisions to the SIP establish timetables and schedules for improving the air quality in nonattainment areas. The following chapters ofTitle 30 Texas Administrative Code (TAC) contain rules relevant for this federal requirement: Chap. 7 Chap.lOl Chap.1o6 Chap.111 Chap.112 Chap.113 Chap.114 Chap. us Chap.u6 Chap. 117 Chap. uS Memoranda ofUnderstanding General Air Quality Rules Permits by Rule, Subchapter A, General Requirements Control ofAir Pollution from Visible Emissions and Particulate Matter Control ofAir Pollution from Sulfur Compounds Standards ofPerformance for Hazardous Air Pollutants and for Designated Facilities and Pollutants Control ofAir Pollution from Motor Vehicles Control ofAir Pollution from Volatile Organic Compounds Control ofAir Pollution by Permits for New Construction or Modification Control ofAir Pollution from Nitrogen Compounds Control ofAir Pollution Episodes
3.1.2 FCAA, §uo(a)(2)(B) Federal Requirement (B) provide for establishment and operation ofappropriate devices, methods, systems, andprocedures necessary to (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data available to the Administrator;
Texas Requirement The TCEQ maintains a network ofair quality monitors to collect air emissions data that is reported to the EPA on a regular basis.

3-1The following chapters of30 TAC contain rules relevant for this federal requirement: Chap.lOl Chap.1o6 Chap.lll Chap.112 Chap.115 Chap.116 Chap. 117 General Air Quality Rules Permitsby Rule, SubchapterA, General Requirements Control ofAir Pollution from Visible Emissions and Particulate Matter Control ofAir Pollution from Sulfur Compounds Control ofAir Pollution from Volatile Organic Compounds Control ofAir Pollutionby Permits for New Construction orModification Control ofAir Pollution from Nitrogen Compounds
3.1.3 FCAA, §uo(a)(2)(C) Federal Requirement (C) include a programto provide for the enforcement ofthe measures described in subparagraph (A), and regulation ofthe modification and construction ofany stationary source within the areas covered bythe plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D ofthis subchapter;
Texas Requirement The TCEQ has established rules governing the enforcement ofcontrol measures, including attainment plans and permitting programs that regulate construction and modification of stationary sources.'
The following chapters of30TAC contain rules relevant for this federal requirement: Chap. 5 Chap.39 Chap. 55 Chap.101 Chap.106 Chap. 112 Chap.115 Chap.116 Chap.117 Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment ofPermit Conditions; Subchapters A, B, C, K Public Notice Requests for Reconsideration and Contested Case Hearings; Public Notice GeneralAir Quality Rules Permits by Rule, SubcllapterA, General Requirements Control ofAir Pollution from Sulfur Compounds Control ofAir Pollution from Volatile Organic Compounds Control ofAir PollutionbyPermits for New Construction orModification Control ofAir Pollution from Nitrogen Compounds
3.1.4 FCAA, §uo(a)(2)(D) Federal Requirement (D) contain adequate provisions (i) prohibiting, consistentwith the provisions ofthis subchapter, any source or other type ofemissions activity within the State from emitting any air pollutant in amounts which will (I) contribute significantly to nonattainmentin, or interfere with

1 Texas has pennitting rules for Prevention ofSignificant Deterioration (PSD), as requiredby the FCAA. The EPA has recently promulgated regulations for the pennitting ofgreenhouse gases underthe PSD program. Although Texas has not amended or proposed amendments to its permittingprogram to include greenhouse gases, Texas is meeting its obligations under the FCAA to provide for pennitting offacilities that emit criteria pollutants. Greenhouse gases are not criteria pollutants, with a NAAQS that mustbe met, and therefore a lack ofpermitting requirements in Texas rules for greenhouse gas emissions does not constitute a lack in the requiredinfrastructure elements of§no(a){2).
3-2maintenance by, any other State with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures requiredtobe included in the applicable implementation plan for any other State under part C ofthis subchapterto prevent significant deterioration ofair quality or to protect visibility,(ii) insuring compliance with the applicable requirements ofsections 7426 [126] and 7415 [115] of this title (relatingto interstate and international pollution abatement);
Texas Requirement Texas will submit a separate SIP revision to meet the requirements ofFCAA, §11o(a)(2)(D), relating to the interstate transport oflead underthe 2008 lead NAAQS. That SIP revision will reference existing control strategies as well as dispersion modeling ofmajor lead sources in Texas. Additionally, the revision will verify that the PSD and Nonattainment New Source Review (NSR) permitting programs are being implemented in Texas and that lead is not considered a visibility-impairing pollutant. The Lead Transport Plan for the 2008 Lead NationalAmbient Air Quality Standard (Project Number 2011-005-SIP-NR) was proposed onApril 6, 2011, and is scheduled to be considered for adoption onAugust 17, 2011.
Texas has a SIP-approved PSD and nonattainment NSR permitting program that contains requirements for sources ofair pollutants to obtain an approved permitbefore beginning construction ofa facility and before modifying an existing facility (see requirements for §11o(a)(2)(C) previouslylisted).
The following chapter of30 TAC contains rules relevant for thisfederal requirement: Chap.101 General Air Quality Rules
3.1.5 FCAA, §uo(a)(2)(E) Federal Requirement (E) provide (i) necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose local government orgovernments, or a regional agency designated bythe State· or general purpose local governments for sucil purpose) will have adequate personnel, funding, and authorityunder State (and, as appropriate, local) law to carry out such implementation plan (and is not prohibitedby anyprovision ofFederal or State law from carrying out such implementationplan or portion thereof), (ii) requirements thatthe State comply with the requirements respecting State boards under section 7428 [128] ofthis title, and (iii) necessary assurances that, where the State has relied on a local orregional government, agency, or instrumentalityfor the implementation ofany plan provision, the State has responsibility for ensuring adequate implementation ofsuch plan provision;
Texas Requirement The TCEQ has consistently included assurances in SIP revisions thatthe state has adequate personnel, funding, and authorityunder state law to carry outthe SIP. The TCEQ has various Memoranda ofUnderstanding and Memoranda ofAgreement with other state and local agencies. Local governments have their own responsibilities and privileges regarding the protection ofair quality as established bythe Texas legislature.

3-3

### The TCEQ relies on the complete statutory and regulatory authority as referenced throughout this document. The TCEQ also regularly submits a legal authority with SIP revisions submitted to the EPA. 3.1.6 FCAA, §uo(a)(2)(F) 

### Federal Requirement (F) require, as maybe prescribed by the Administrator (i) the installation, maintenance, and replacement ofequipment, and implementationof other necessary steps, by owners or operators ofstationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts ofemissions and emissions-related datafrom such sources, and (iii) 

### correlation ofsuch reports bythe State agency with any emission limitations or standards established pursuant to this chapter, which reports shallbe available at reasonable times for public inspection;
Texas Requirement The TCEQ requires monitoring for air pollutants as part ofits NSR permit program. Certain emission sources are required to submit annual emission inventories and periodic reporting of emissions, which provides datathat is used in air quality modeling to help Texas prepare SIP revisions. Emissions data are available at reasonable timesfor public inspection, with some information also available on the agency Web site. The following chapters of30TAC contain rules relevant for this federal requirement: Chap.101 Chap.1o6 Chap.111 Chap.112 Chap. us Chap.u6 Chap. 117 General Air Quality Rules Permitsby Rule, SubchapterA, General Requirements Control ofAir Pollution from Visible Emissions and Particulate Matter Control ofAir Pollution from Sulfur Compounds Control ofAir Pollution from Volatile Organic Compounds Control ofAir Pollutionby Permits for New Construction orModification Control ofAir Pollution from Nitrogen Compounds
3.1.7 FCAA, §11o(a)(2)(G) 

### Federal Requirement (G) provide for authority comparable to that in section 7603 [303] ofthis title and adequate contingencyplans to implement such authority;
Texas Requirement The TCEQ may issue emergency orders, orissue or suspend air permits as required by an air pollution emergency. In addition, the TCEQ also maintains air pollution information in a form readily available tothe public on the TCEQ's Today's Texas Air Ouality ForecastWeb site (http://www.tceq.texas.gov/compliance/monitoring/air /monops/forecast_today.html). Local weatherforecasts regularly warn the public about poor air quality days, including ozone alerts in all major metropolitan areas. The following chapters of30TAC contain rules relevant for this federal requirement: Chap.35 Chap. uS Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment ofPermit Conditions; SubchaptersA, B, C, K Control ofAir Pollution Episodes

3-4g.1.8 FCAA, §11o(a)(2)(H) Federal Requirement (H) provide for revision ofsuch plan (i) from time to time as maybe necessary to take account ofrevisions ofsuch national primaryor secondary ambient air quality standard orthe availability ofimproved or more expeditious methods ofattaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis ofinformation available to theAdministrator thatthe plan is substantially inadequate to attain the national ambient air quality standard which it implements or to otherwise complywith any additional requirements established under this chapter;
Texas Requirement The TCEQ regularly revises the Texas SIP in response to revisions in the NAAQS and the EPA rules. See §11o(a)(2)(A) above.
3.1.9 FCAA, §11o(a)(2)(I) Federal Requirement (I) in the case ofa plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements ofpart D ofthis subchapter (relatingto nonattainment areas);
Texas Requirement SIP revisions that implementthe control strategies necessarytobring a nonattainment area into attainment ofthe NAAQS are not requiredbythe FCAA to be submittedwithin three years ofthe promulgation ofa new or revised NAAQS. Therefore, §no(a)(1) does not require this elementto be demonstrated as part ofan infrastructure SIP submittal. (See 73 FR 16205, at 16206) Texas is inthe process ofdeveloping an attainment demonstration SIP revision for the single area ofthe

. state that hasbeen designated nonattainmentfor the 2008 lead NAAQS. The attainment

· demonstration will be submitted to the EPA byJune 30, 2012, after undergoing the required

notice and public comment period, and will include control strategies designed to bring the area

· into attainment ofthe 2008lead NAAQS no later than the attainment date ofDecember 31,

2015. g.1.10 FCAA, §11o(a)(2)(J) Federal Requirement (J) meet the applicable requirements ofsection 7421 [121] ofthis title (relating to consultation), section 7427 [127] ofthis title (relating to public notification), andpart Cofthis subchapter (relating toprevention of significant deterioration andvisibility protection);
Texas Requirement The TCEQ has an established public participation process for all SIP revisions and permitting programs. The EPA has proposedlimited approval/limited disapproval ofthe rules regarding public participation for air quality NSR permits.2 Texas has withdrawn from EPA consideration most ofthe rules thatwere the subject ofthe proposed limited approval/limited disapproval,

2 Approval and Promulgation ofImplementation Plans; Texas; Revisions to Chapters 39, 55, and 116 Which Relate to Public Participation on Permits for New and Modified Sources, 73 FR72001 (November 26, 2008).
3-5and has submitted new and revised publicparticipation rules to the EPA as a new SIP revision to address the EPA's published concerns regarding these requirements.3 On October 28, 2010, the EPA signed a notice withdrawing its limited approvaljlimited disapproval ofthe SIP revisions relating to public participationbecause those revisions are no longerbefore the EPA for review (75 FR 68291). The TCEQ consults with other state agencies, local agencies, and nongovernmental organizations, as well as with the environmental agencies ofother states regarding air quality concerns. All major sources in Texas are subjectto Texas' SIP-approved PSD program. Texas submitted a SIP revision to address Regional Haze, including a long-term strategyto address visibility impairmentfor each Class I area that maybe impactedby emissions from Texas facilities.
The following chapters of 30TAC contain rules relevant for this federal requirement: Chap. 7 Chap.35 Memoranda ofUnderstanding Emergency andTemporary Orders and Permits; Temporary Suspension or Amendment ofPermit Conditions; Subchapters H and K General Air Quality Rules Chap.101 Chap.116 Control ofAir Pollutionfor New Construction or Modification
3.1.11 FCAA, §no(a)(2)(K) Federal Requirement (K) provide for (i) the performance ofsuch air quality modeling as the Administrator mayprescribe for the purpose ofpredicting the effect on ambient air quality ofany emissions ofany air pollutantfor which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, ofdata related to such air quality modeling to the Administrator;
Texas Requirement Air quality modeling is conducted during development ofrevisions to the Texas SIP, as appropriate for the state to demonstrate attainmentwith required NAAQS. Modeling is also a part ofthe NSRpermitting program. The following chapter of 30TAC contains rules relevant for this federal requirement: Chap.116 Control ofAir Pollutionfor New Construction orModification
3.1.12 FCAA, §no(a)(2)(L) Federal Requirement (L) require the owner or operator ofeach major stationary source to payto the permitting authority, as a condition ofanypermitrequired under this chapter, a fee sufficientto cover (i) the reasonable costs ofreviewing and acting upon any application for such a permit, and (ii) ifthe owner or operator receives a permitfor such source, the reasonable costs of implementing and enforcing the terms and conditions ofany such permit (not including any court costs or other costs associated with any

3The TCEQ adopted this rulemaking on June 2, 2010, and the adopted rules were publishedin the Texas Register (TR) on June 18, 2010 (35 TR 5198). These rules became effective on June 24, 2010, were submitted to the EPA on July 2, 2010, but the EPA has not yet taken any action on these rules.
3-6enforcement action), until fee requirement is supersededwith respect to such sourcesbytheAdministrator's approval ofa fee program under subchapterV ofthis chapter;
Texas Requirement The TCEQ assesses fees for reviewing permit applications andfor enforcing the terms and conditions ofpermits. The following chapters of30 TAC contain rules relevant for this federal requirement: Payment ofFees General Air Quality Rules Chap.12 Chap. 101 Chap.106 Chap.u6 Permitsby Rule, Subchapter A, General Requirements Control ofAir Pollutionby Permits for New Construction or Modification
3.1.13 FCAA, §no(a)(2)(M) Federal Requirement (M) provide for consultation andparticipationbylocal political subdivisions affected by the plan.
Texas Requirement The TCEQ has several cooperative agreements and Memoranda ofUnderstanding with various other state andlocal agencies and organizations. Consultation with a variety ofdifferent organizations is a regular part ofthe TCEQ's process ofdeveloping SIP revisions.
3.2 CONCLUSION The foregoing demonstrates that Texas has the necessary regulatory and statutory authority to meet the infrastructure requirements ofFCAA, §uo(a)(1) and (2) for the 2oo8lead NAAQS.

3-7

# WRITTEN AND ORAL TESTIMONYINDEX OF WRITTEN TESTIMONY

Reference Number Submitted by

NO WRITTEN TESTIMONY WAS RECEIVED PERTAINING TO THIS SIP REVISION.INDEX OF ORALTESTIMONY

NO ORALTESTIMONYWAS RECEIVED PERTAININGTO THIS SIPREVISION.Page 1


# TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PUBLIC HEARING REGISTRATION 

### Location: TCEQ Headquarters, Building F, Room 2210 Date: July 25,2011, 10:00 a.m. Concerning: Proposed Lead Infrastructure SIP Revision for the 2008 Lead NAAQS

NAME REPRESENTING PRESENTING ORALTESTIMONY? (CIRCLE ONE)

Yes 

# <§) 

# II""'AN 

### 1-i 1-.1 0.

### 1..\"1Fl'V b I 1\l 

### I.J':i CO !\JSU L _rB_W

### r S

Yes 

### No

Yes 

### No

Yes 

### No

Yes 

### No

Yes 

### No

### TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

# ~-~>"'Eop;;.

# ~L~~

# ~

HEARING OFFICERREPORT

I am the hearing officer assigned to conduct the public hearing regarding the proposed state implementation plan revision to incorporate the Lead Infrastructure Demonstration for the 2008 Lead National Ambient Air Quality Standard (Project No. 2011-016-SIPNR).
A public hearing was scheduled for July 25, 2011, at 10:00 a.m., at the TCEQ headquarters, 12100 Park 35 Circle, Building F, Room 2210.
At 10:00 a.m., the room was open, TCEQ staff and a court reporter were present and ready to open the hearing for public comment. After waiting for 15 minutes, no one had arrived to make comments on the record. Therefore, the public hearing was not formally opened for comment and no transcript was prepared.

Hearing Officer**-~** 1 I 

## --, \2. 5 \

# LC·'\ Date signed

# EVALUATION OF TESTIMONY

# Texas Commission on Environmental Quality Interoffice Memorandum

To: 

### Commissioners Date: 

### September 16, 2011
Thru: 

### Melissa Chao, Acting ChiefClerk Mark R. Vickery, P.G., Executive Director
From: 

### Susana M. Hildebrand, P.E., Chief

# Engine~ Docket No.: 

### 2011-0331-SIP Subject: 

### Commission Approval for Federal Clean Air Act (FCAA) §11o(a)(1) and (2) Infrastructure Demonstration State Implementation Plan (SIP) Revision for the 2008 Lead National AmbientAir Quality Standard (NAAQS) Adoption Non-Rule Project No. 2011-016-SIP-NR
Background and reason(s) for the SIP revision: 

### On October 15, 2008, the United States Environmental Protection Agency (EPA) substantially strengthenedthe NAAQS for lead. The new standard, set at 0.15 micrograms percubic meter (Jlg/m3) measured as a rolling three-month average, is 10

### times more stringentthan the previous standard of 1.5 Jlg/m3 measured as a quarterly average. Section 110(a)(1) ofthe FCAA requires statesto submit a plan to provide for the implementation, maintenance, and enforcement ofthe NAAQS. Section 110(a)(2) lists the elements that the new SIP revisions must contain. States are required to submit these infrastructure SIP submittalstothe EPA to demonstrate thatbasic program elements have been addressed within three years ofthe promulgation ofa new orrevised NAAQS. For the 2008 lead NAAQS, these SIP revisions are due October 15, 2011.
The October 2, 2007, EPA guidance regarding obligations under FCAA, §11o(a)(1) and (2) for the 1997 eight-hour ozone and the 1997 particles with an aerodynamic diameter less than or equal to a nominal2.5 micrometers (PM2. 5) 

### NAAQS, andthe September 25, 2009, guidance for the 2006 PM2.s NAAQS indicatedthat ifa state determines thatits existing SIP is adequate, the state can certify, via a lettertothe EPA, thatthe existing SIP contains provisions that address the infrastructure requirements. However, on February 24, 2011, EPA Region 6 staffcommunicatedto theTexas Commission on Environmental Quality (TCEQ) that pending guidance for the 2008 lead NAAQS wouldlikely require that infrastructure SIP revisions be openedto public notice and comment andthatcertification letters would no longer be adequate to meet the requirements of §11o(a)(1) and (2). EPA Region 6 staffsent a draft 2008 lead NAAQS infrastructure guidance documenttothe TCEQ on June 21, 2011. This draft guidance indicates thatthe submittal maybe a certification inthe form of a letterto the EPA from the governor orthe governor's designee butthatthe state must provide reasonable public notice and opportunityfor public hearing on a submittal priorto submissionto the EPA. The adopted SIP revision will meetthe notice and comment requirements identified in the draftguidance. To meet the infrastructure SIP submittal deadline of October 15, 2011, the TCEQ must adoptthis SIP revision despite the lack offinalized EPA guidance.

### Commissioners Page2 September 16, 2011
Re: Docket No. 2011-0331-SIP


### Scope ofthe SIP revision: A.) 

### Summaryofwhat the SIP revision will do: The adopted SIP revision will documenthowthe infrastructure elements listed in FCAA, §11o(a)(2) are currently addressed inthe Texas SIP. The SIP revision will outline the requirements ofFCAA, §11o(a)(2)(A) through (M) andthe Texas statutes andrules that allow the TCEQ to meetthose requirements. These requirements include basic program elements such as enforceable emissionlimitations and control measures, air quality monitoring and modeling, a permittingprogram, adequate funding and personnel, authority under state lawto carry outthe plan, emissions reporting, emergencypowers, public participation, andfee collection. Section 110(a)(2)(D) relating to interstatetransport ofemissions is not includedinthis SIP revision but is addressed in a separate Lead Transport SIP Revision adopted onAugust 17, 2011 (Project Number 2011-005-SIP-NR). 

### B.) Scope required 

### byfederal regulations or state statutes: FCAA, §11o(a)(1) requires states to submit a SIP revision toprovide for the implementation, maintenance, and enforcement ofthe NAAQS within three years ofthe promulgation ofa new or revised NAAQS. Section 110(a)(2)(A) through (M) 

### lists the infrastructure elementsthatthe SIP revision must address. 

### C.) Additional staffrecommendations that are not required

### byfederal rule or state statute: None 

### Statutoryauthority: The authoritytopropose and adopt this SIP revision is derived from Texas Health and Safety Code, Texas CleanAir Act (TCAA), §382.002, which provides thatthepolicy and purpose oftheTCAA is to safeguardthe state's air resources from pollution; TCAA, §382.011, which authorizes the commission to control the qualityofthe state's air; TCAA, §382.012, which authorizes the commission to prepare and develop a general, comprehensiveplanfor the control ofthe state's air; andTexas Water Code §5.02, General Powers, and §5.013, General Jurisdiction ofthe Commission.
The FCAA, 42 USC §§7401, et seq., requires states to submit SIP revisions that specifythe manner in which the NAAQS will be achieved and maintainedwithin each air quality control region ofthe state. Additionally, the specific requirements for the 2008 lead NAAQS were publishedinthe November 12, 2008, issue ofthe 

### FederalRegister (73 FR 66963). 

### Effect onthe: A.) 

### Regulated community: This SIP revision contains no new control measures and will not affect the regulated community.

### Commissioners Page3 September 16, 2011
Re: Docket No. 2011-0331-SIP

B.) Public: 

### This SIP revision will have no new effect on the public. C.) 

### Agencyprograms: 

### This SIP revision will have no new effect on agency programs. Stakeholder meetings: 

### Because there are no newrules associated with this SIP revision, no stakeholder meetings were held.
Public comment: 

### The commission offered a public hearing for the proposed SIP revision on July 25, 2011, at 10:00 a.m. atthe TCEQ Headquarters in Austin. A question and answer session was held 30 minutes prior to the meeting. The hearing was not officially openedbecause no party indicated a desire to give comment. The public comment period openedJune 24, 2011, and closedJuly 29, 2011. A comment letter was received from the EPA Region 6. The EPA suggested language tobe addedto the Texas Regulatory Authority chapter ofthe SIP revision. The necessary revisions were made to the SIP narrative, and a summaryofthe comments andthe TCEQ response is provided as part ofthe SIP revision in the Response to Comments. Significant changes from proposal: 

### None Potential controversial concerns and legislative interest: 

### Senator Shapiro has voiced interest in andfiled legislation that would further control a specific lead source in Frisco, Texas. There has also been considerable interest in lead emissions from the citizens and elected officials in Frisco, Texas. These concerns have been focused onpotential exposure and minimizing emissions and notthe infrastructure requirements themselves.
Does this SIPrevision affect anycurrentpolicies or require development of newpolicies? 

### No Whatare the consequences ifthis SIPrevision does notgo forward? Are there alternatives to this SIP revision? 

### The lead infrastructure SIP revision is requiredby §11o(a) ofthe FCAA. If

### a SIP revision is not submitted, the EPA wouldbe required to promulgate a Federal Implementation Plan (FIP) for Texas to address the infrastructure requirements. The state could delay development ofa lead infrastructure SIP revision until the EPA issues final guidance regarding lead SIP requirements; should guidance be issued laterthan anticipated, the

### Commissioners Page4 September 16, 2011
Re: Docket No. 20ll-0331-SIP

state might submitthe infrastructure SIP revision afterthe October 15, 2011, deadline but priorto expiration ofa two-year FIP clock The EPA issued draft guidance onJune 21, 2011. The state could alternatively submit a certification letter following the October 2, 2007, EPA guidance regarding obligations underFCAA, §11o(a)(1) and (2) for the 1997 eighthour ozone and PM2.5 

### NAAQS, andthe September 25, 2009, guidance for the 2006 PM2.5 

### NAAQS statingthatthe existing SIP contains provisions that address the infrastructure requirements. However, draftEPA guidance for the 2008 lead NAAQS indicates that a certification letter submittedwithout reasonable notice andpublic hearingswould notbe adequate to fulfill the requirements of §11o(a)(1) and (2) for the 2008 lead NAAQS. Agency contacts: 

### Shelley Naik, SIP Project Manager, 239-1536, Air Quality Division Amy Browning, StaffAttorney, 239-0891, Environmental Law Division

cc: ChiefClerk, 2 copies Executive Director's Office Susana M. Hildebrand, P.E. Anne Idsal Curtis Seaton Ashley Morgan Office ofGeneral Cormsel Shelley Naik Joyce SpencerEVALUATION OFTESTIMONY

The commission offered a public hearing for the proposed state implementation plan (SIP)
revision on July 25, 2011, at 10:00 a.m. at the Texas Commission on Environmental Quality (TCEQ) Headquarters inAustin. Aquestion and answer session was held 30 minutes priorto the meeting. The hearing was notofficially opened, because no partyindicated a desire to give

comment.

The public commentperiod opened on June 24, 2011, and closed on July 29, 2011. The
commission received written comments from the United States Environmental Protection Agency (EPA) Region 6.

GENERAL COMMENTS
The EPA requested that the section ofthe infrastructure demonstration concerning Federal
Clean Air Act (FCAA), §11o(a)(2)(B), include the statement, "Texas submits annual monitoring plans to EPA which describe how the State has complied with the monitoring requirements and explain any proposed changes."

The TCEQ submits annual monitoringreports to the EPA, and agrees withthis
comment. This statementhasbeen addedto the §uo(a)(2)(B) section ofthe infrastructure demonstration.

The EPA indicatedthat, ifappropriate, the section ofthe infrastructure demonstration concerning FCAA, §11o(a)(2)(E), should note that the state complies with the requirements of

1FCAA, §128 concerning State Boards and Executive Agency heads, and include any relevant
citations.



### TheTCEQ has clarifiedthat the statutory authority listed in an earlier section of
the infrastructure demonstration ensuresthat Texas can meet the requirements of §128 ofthe FCAA. The infrastructure demonstration statesfor §11o(a)(2)(E) that
"TheTCEQ relies onthe complete statutoryand regulatoryauthority as referenced throughoutthis document." The statutoryauthority includes TexasWater Code, ChapterC: Texas Natural Resources Commission, which includesthe statutory requirements for the eligibilityand selection ofthe commissioners ofthe TCEQ.
These requirements ensure that Texas is in compliance with the FCAA, §128. The
section ofthe demonstration referencedbythe EPA, however, is the listing of TCEQ rule chaptersthathave been submittedto the SIP. Therefore, a specific statutorycitation inthis section ofthe document is unnecessary.

2

# STAFF RECOMMENDATIONSREVISIONS TO THE STATE OF TEXAS AIR QUALITY IMPLEMENTATION PLAN CONCERNING FEDERAL CLEAN AIR ACT SECTIONS 11o(a)(1) AND (2) INFRASTRUCTURE

INFRASTRUCTURE DEMONSTRATION FOR LEAD

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY P.O. BOX 13087 AUSTIN, TEXAS 78711-3087

INFRASTRUCTURE DEMONSTRATION FORTHE 2008 LEAD NATIONALAMBIENTAIR QUALITYSTANDARD

PROJECT NUMBER 2011-016-SIP-NR

Adoption October 5, 2011Thispage intentionally left blankEXECUI'IVE SUMMARY
This revision to the state implementationplan (SIP) for lead infrastructure is being submittedto meet the Federal Clean Air Act (FCAA), §uo(a)(1) requirement for statesto submit SIP revisions within three years after the promulgation ofnew orrevised National Ambient Air Quality Standards (NAAQS) to meet the infrastructure requirements ofFCAA, §uo(a)(z). On October 15, 2008, the United States Environmental ProtectionAgency substantially strengthenedthe NAAQS for lead. The new standard, set at 0.15 micrograms per cubic meter (l!g/m') measured as a rolling three-month average, is 10times more stringent than the previous standard of 1.5 l!g/m' measured as a quarterly average. The purpose ofthis SIP revision is to document that the Texas SIP documented at 40 Code ofFederal Regulations Part 52, Subpart SS contains all the infrastructure elements requiredby FCAA, §uo(a)(z) for the implementation, maintenance, and enforcement ofthe 2008 lead NAAQS. Because the infrastructure demonstration explains how the existing Texas statutes and rules will allow the state to meet its obligations underthe FCAA, the infrastructure SIP has been developed as an expansion ofthe existing Section V: Legal 

### Authority section ofTexas' SIP. This expanded section is unique to infrastructure SIP revisions that are submitted to meet the requirements ofFCAA, §uo(a)(1), and demonstratesthatthe state can provide for the implementation, maintenance, and enforcement ofthe NAAQS. This infrastructure demonstration outlines the requirements ofFCAA, §uo(a)(z)(A) through (M) and the Texas statutes and rules that allow the Texas Commission on Environmental Quality to meet those requirements. These requirements include basic program elements such as enforceable emission limitations and control measures, air quality monitoring and modeling, a permitting program, adequate funding and personnel, authority under state lawto carryout the plan, emissions reporting, emergency powers, public participation, and fee collection. Documentation ofTexas' abilityto meet the requirements ofFCAA, §uo(a)(2)(D) relating to interstatetransport ofemissions is not included in this SIP revision, but is addressed in a separate lead transport SIP revision.

ES-1SECTIONV: LEGALAUTHORI1Y
A. General (Revised) B. Infrastructure Demonstration for Lead (Revised) 1. 2008 Lead National Ambient Air Quality Standard (Revised)

iiTABLE OF CONTENTS
Executive Summary Section V: Legal Authority Table ofContents List ofAcronyms Section V-A: Legal Authority SectionV-B-1: Infrastructure Demonstration for the 2008 Lead National Ambient Air Quality Standard Chapter 1: Introduction 1.1 Background 1.2 Public Hearing and Comment Information 1.3 Social and Economic Considerations 1.4 Fiscal and Manpower Resources 1.5 Coordination with Local Agencies 1.6 Organizations Responsible for Development, Implementation, and Enforcement Chapter 2: Texas StatutoryAuthority 2.1 Background 2.2 StatutoryAuthority Chapter 3: Texas Regulatory Authority 3.1 RegulatoryAuthority 3.1.1 FCAA, §no(a)(2)(A) 3.1.2 FCAA, §no(a)(2)(B) 3.1.3 FCAA, §no(a)(2)(C) 3.1.4 FCAA, §no(a)(2)(D) 3.1.5 FCAA, §no(a)(2)(E) 3.1.6 FCAA, §no(a)(2)(F) 3.1.7 FCAA, §no(a)(2)(G) 3.1.8 FCAA, §no(a)(2)(H) 3.1.9 FCAA, §no(a)(2)(1) 3.1.10 FCAA, §no(a)(2)(J) 3.1.11 FCAA, §no(a)(2)(K) 3.1.12 FCAA, §no(a)(2)(L)
iii3.1.13 FCAA, §no(a)(2)(M) 3.2 Conclusion Response to Comments

ivCFR EPA FCAA FR NAAQS NSR

PSD SIP TAC TACB TCAA TCEQ TNRCC TR**~gjm3** LIST OFACRONYMS
Code ofFederal Regulations United States Environmental ProtectionAgency Federal Clean Air Act 

### Federal Register National AmbientAir Quality Standards New Source Review particles with an aerodynamic diameter less than or equal to a riominal2.5 micrometers Prevention ofSignificant Deterioration state implementation plan Texas Administrative Code Texas Air Control Board Texas Clean AirAct Texas Commission on Environmental Quality (commission) Texas Natural Resource Conservation Commission 

### Texas Register micrograms per cubic meter

vSECTIONV-A: LEGALAUfHORI1Y
A. General The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, maintain, and enforce the National AmbientAir Quality Standards (NAAQS) and to control the quality ofthe state's air, including maintaining adequate visibility.
The first air pollution control act, known as the Clean Air Act ofTexas, was passedbythe Texas Legislature in 1965. In 1967, the Clean Air Act ofTexas was supersededby a more comprehensive statute, the Texas CleanAir Act (TCAA), found inArticle 4477-5, Vernon's Texas Civil Statutes. The legislature amendedthe TCAA in 1969, 1971, 1973, 1979, 1985, 1987, 1989, 1991, 1993, 1995, 1997, 1999, 2001, 2003, 2005, 2007, 2009, and 2011. In 1989, theTCAA was codified as Chapter 382 oftheTexas Health and Safety Code. Originally, the TCAA statedthatthe Texas Air Control Board (TACB) is the state air pollution control agency and is the principal authorityin the state on matters relating tothe quality ofair resources. In 1991, the legislature abolished the TACB effective September 1, 1993, andits powers, duties, responsibilities, andfunctions were transferredto the Texas Natural Resource Conservation Commission (1NRCC). With the creation ofthe 1NRCC, the authority over air quality is found in boththe Texas Water Code andthe TCAA. Specifically, the authority ofthe 1NRCC is foundin Chapters 5 and7. Chapter 5, Subclmpters A- F, H- 

### J, and L, include the general provisions, organization, and general powers andduties ofthe TNRCC, andthe responsibilities and authority ofthe executive director. Chapter5 also authorizes the 1NRCC to implement action when emergency conditions arise andto conduct hearings. Chapter 7 gives the TNRCC enforcement authority. In 2001, the 

### 77th Texas Legislature continuedthe existence of the 1NRCC until September 1, 2013, and cllanged the name oftheTNRCC to theTCEQ. In 2009, the 81st Texas Legislature, during a special session, amended section5.014 ofthe Texas Water Code, changing the expiration date ofthe TCEQ to September 1, 2011, unless continuedin existence bytheTexas SunsetAct. In 2011, the 82ndTexas Legislature continued the existence ofthe TCEQ until2023.
The TCAA specifically authorizes the TCEQ to establish thelevel ofquality tobe maintainedin the state's air andto control the quality ofthe state's airbypreparing and developing a general, comprehensive plan. The TCAA, SubchaptersA-D, also authorize the TCEQ to collect information to enable the commissionto develop aninventory ofemissions; to conduct research and investigations; to enter property and examine records; to prescribe monitoring requirements; to institute enforcement proceedings; to enter into contracts andexecute instrunlents; to formulate rules; to issue orders taking into consideration factors bearing upon health, welfare, social and economic factors, andpracticability andreasonableness; to conduct hearings; to establish air quality control regions; to encourage cooperation with citizens' groups and other agencies and political subdivisions ofthe state as well as with industries andthe federal government; andto establish and operate a system ofpermits for construction or modification offacilities.
Local government authority is found in Subchapter E ofthe TCAA. Local governments have the same power as the TCEQ to enter property and make inspections. They also may make recommendations to the commission concerning any action ofthe TCEQ that affects their territorialjurisdiction, maybring enforcement actions, and may execute cooperative agreements with the TCEQ or otherlocal governments. In addition, a city ortown may enact and enforce ordinances for the control and abatement ofair pollution not inconsistent with theprovisions of the TCAA and the rules or orders ofthe commission.
viSubchapters G and H ofthe TCAA authorize the TCEQ to establish vehicle inspection and maintenance programs in certain areas ofthe state, consistent with the requirements ofthe Federal Clean Air Act; coordinate with federal, state, and local transportation planning agencies to develop and implementtransportation programs and measures necessary to attain and maintain the NAAQS; establish gasoline volatility and low emission diesel standards; andfund and authorize participating countiesto implementvehicle repair assistance, retrofit, and accelerated vehicle retirement programs. B. Applicable Law The following statutes and rules provide necessary authority to adopt and implementthe state implementation plan (SIP). The rules listed below have previouslybeen submitted as part ofthe SIP. Statutes All sections ofeach subchapter are included, unless otherwise noted. TEXAS HEALTH & SAFETY CODE, Chapter 382 TEXAS WATER CODE Chapter 5: Texas Natural Resource Conservation Commission SubcllapterA: General Provisions September 1, 2011 September 1, 2011

Subchapter B: Organization ofthe Texas Natural Resource Conservation Commission Subcllapter C: Texas Natural Resource Conservation Commission Subchapter D: General Powers and Duties ofthe Commission Subcllapter E: Administrative Provisions for Commission Subchapter F: Executive Director (except §§5.225, 5.226, 5.227, 5.2275,5.231, 5.232, and 5-236) Subchapter H: Delegation ofHearings Subchapter I: Judicial Review Subchapter J: Consolidated Permit Processing Subcllapter L: Emergency and Temporary Orders (§§5.514, 5.5145, and 5.515 only) Subchapter M: Environmental Permitting Procedures (§5.558 only) Chapter 7: Enforcement Subcllapter A: General Provisions (§§7.001, 7.002, 7.0025, 7.004, and 7.005 only) Subcllapter B: Corrective Action and Injunctive Relief (§7.032 only) Subcllapter C: Administrative Penalties Subchapter D: Civil Penalties (except §7.109) Subchapter E: Criminal Offenses and Penalties: §§7.177, 7-179-7-183 Rules All ofthe following rules are found in 30 Texas Administrative Code, as ofthe following latest effective dates: Chapter 7: Memoranda ofUnderstanding, §§7.110 and 7.119 December 13, 1996 and May 2, 2002 Chapter 19: Electronic Reporting Chapter 35: SubchaptersA-C, K: Emergency and Temporary Orders and Permits; Temporary Suspension orAmendment ofPermit Conditions

vii March 15, 2007
July 20, 2006Chapter 39: Public Notice, §§39.201; 39-401; 39-403(a) and (b)(8)-(1o); 39-405(£)(1) and (g); 39-409; 39-411 (a), (b)(1)-(6), and (8)-(10) and (c)(1)-(6) and (d); 39.413(9), (11), (12), and (14); 39-418(a) and (b)(3) and (4); 39-419(a), (b), (d), and (e); 39-420(a), (b) and (c)(3) and (4); 39-423 (a) and (b); 39.601-39.605 June 24, 2010 Chapter 55: Requests for Reconsideration and Contested Case Hearings; Public Comment, §§55.1; 55.21(a)- (d), (e)(2), (3), and (12), (f) and (g); 55.101(a), (b), and (c)(6)- (8); 55.103; 55.150; 55.152(a)(1), (2), and (6) and (b); 55.154; 55.156; 55.200; 55.201(a)- (h); 55.203; 55.205; 55.209, and 55.211 June 24, 2010 Chapter 101: General Air Quality Rules May 15, 2011 Chapter 106: Permitsby Rule, SubchapterA May 15, 2011 Chapter 111: Control ofAir Pollutionfrom Visible Emissions and Particulate Matter July 19, 2006 Chapter 112: Control ofAir Pollution from Sulfur Compounds July 16, 1997 Chapter 113: Standards ofPerformance for Hazardous Air Pollutants and for Designated Facilities and Pollutants May 14, 2009 Chapter 114: Control ofAir Pollution from MotorVehicles August 11, 2011 Chapter 115: Control ofAir Pollution from Volatile Organic Compounds February 17, 2011 Chapter 116: Permits for New Construction or Modification March 17, 2011 Chapter 117: Control ofAir Pollutionfrom Nitrogen Compounds May 15,2011 Chapter 118: Control ofAir Pollution Episodes March 5, 2000 Chapter 122: §122.122: Potential to Emit December 11, 2002 Chapter 122: §122.215: Minor Permit Revisions June 3, 2001 Chapter 122: §122.216: Applications for Minor Permit Revisions June 3, 2001 Chapter 122: §122.217: Procedures for Minor Permit Revisions December 11, 2002 Chapter 122: §122.218: Minor Permit Revision Procedures for Permit Revisions Involving the Use ofEconomic Incentives, Marketable Permits, and Emissions Trading

viii June 3, 2001SECTION V-B-1: INFRASTRUCTURE DEMONSTRATION FORTHE 2008 LEAD NATIONALAMBIENTAIR QUALfiY STANDARD CHAPTER 1: INTRODUCTION
1.1 BACKGROUND Section 110(a)(1) ofthe Federal Clean Air Act (FCAA) requires states to submit a state implementation plan (SIP) revision to provide for the implementation, maintenance, and enforcement ofthe National AmbientAir Quality Standards (NAAQS). States are required to submit the infrastructure portion ofthis SIP requirement to the United States Environmental ProtectionAgency (EPA) to demonstrate thatbasic program elements have been addressed within three years ofthe promulgation ofany new or revised NAAQS. FCAA, §11o(a)(2) lists the elements that these SIP submissions must contain.
On October 15, 2008, the EPA substantially strengthened the NAAQS for lead. The new standard, set at 0.15 micrograms per cubic meter (J.1g/m3) measured as a rolling three-month average, 

### is 10 times more stringent than the previous standardof 1.5 f!g/m3 measured as a quarterly average. This SIP revision isbeing submitted to provide anupdate ofthe FCAA, §110(a)(2) infrastructure requirementsfor the 2oo8lead NAAQS within three years after the promulgation ofthe revised NAAQS, orby October 15, 2011. This chapter outlines FCAA, §11o(a)(2)(A) through (M) with various Texas provisions supporting the requirements. The federally enforceable SIP for Texas 

### is documented at 40 Code ofFederal Regulations Part 52, Subpart SS.
The infrastructure demonstration is an expansion ofthe Legal Authority section ofTexas' SIP that provides additional information about how the existing statutes and rules allow Texas to meet the §110(a)(2) infrastructure requirements ofthe FCAA. Therefore, this SIP revision contains an expandedinfrastructure section under the SIP Legal Authority. This infrastructure section is intended to satisfy the FCAA, §11o(a)(1) requirement to provide for the implementation, maintenance, and enforcement ofthe NAAQS. Itwill, therefore, be updated as part ofthe infrastructure SIP revisions that Texas is required to submit as new or revised NAAQS are promulgated, but it will not otherwisebe included in otherTexas SIP revisions. SectionA ofthe Legal Authority containsthe basic listing ofTexas' legal framework for adopting SIP revisions, and 

### will be the default Legal Authority for Texas SIP revisions that are not specifically submittedto meetthe FCAA, §11o(a)(1) infrastructure demonstration requirement.
The October 2, 2007, EPA Guidance on SIPElements Required Under Sections 110(a)(1) and (2)for the 1997 8-hour ozone and PM2.s NationalAmbientAir Quality Standards, and the September 25, 2009, Guidance on SIPElements Required Under Sections 110(a)(1) and (2) for the 2006 24-HourFine Particle (PM2. 5) NationalAmbientAir Quality Standards

(NAAQS) indicated that ifa state determines that its existing SIP is adequate, the state can certify via a lettertothe EPA that the existing SIP contains provisions that address the infrastructure requirements. However, in February 2011, the EPA Region 6 informed the Texas Commission on Environmental Quality (TCEQ) that the new guidance for lead infrastructure SIP revisions would require that the infrastructure demonstration undergo a notice and commentperiod as a formal SIP revision. The EPA Region 6 staffsent a draft 2008lead NAAQS infrastructure guidance document to the TCEQ dated June 21, 2011. This draft guidance indicates thatthe submittal may be a certification in the form ofa letter to the EPA from the governor or the governor's designee, butthat the state must provide reasonable public notice and opportunity

1-1for public hearing on a submittal prior to submission to the EPA This SIP revision meets these requirements. Because the new lead NAAQS was promulgatedon October 15, 2008, the infrastructure SIP submittal for the 2008leadNAAQS is due to the EPAbyOctober 15, 2011. To meet this deadline, the TCEQ hadto propose this SIP revision by June 2011 tobe able to meet all federal and state notice requirements. The draftEPA guidance was not available at the time the SIP revision was developed, but the TCEQ must adopt this SIP revision despite thelack of finalized EPAguidance.
The TCEQ acknowledges that proposed changes to federal regulations may have future impacts on how the TCEQ meets the requirements ofFCAA, §11o(a)(2), however, this current SIP revision reflects the methods and meansbywhich Texas meets these requirements atthe time of this SIP revision. Shouldfuture federal rule changes necessitate state rule changes, the TCEQ will act as appropriate at that time.

1.2 PUBLIC HEARINGAND COMMENT INFORMATION The commission offered a public hearing for the proposed SIP revision onJuly 25, 2011, at 10:00 a.m. atthe TCEQ headquarters inAustin. A question and answer session was held 30 minutes priortothehearing. The hearing was not officially openedbecause no partyindicated a desire to give comment. The public comment period opened on June 24, 2011, and closed on July 29, 2011. Written comments were accepted via mail, fax, andthrough the eComments (http:/ /WWW5.tceq.state.tx.usjrulesjecomments) system. A comment letterwas received from the EPA Region 6. A summary ofthe comments andthe TCEQ response is provided as part of this SIP revision in the Response to Comments. Copies ofthe proposed SIP revision canbe obtainedfrom the TCEO Web site (http:/ jwww.tceq.texas.govjairquality/sip/). 1.3 SOCIALAND ECONOMIC CONSIDERATIONS Because rulemaking is not a part ofthis SIP revision, there are no changes that would impact society orthe economy. 1-4 FISCALANDMANPOWERRESOURCES The TCEQ has determined that its fiscal and manpower resources are adequate andwill notbe adversely affected through the implementation ofthis plan. 1.5 COORDINATIONWITH WCALAGENCIES The TCEQ has determined that there will be no assignment tolocal agencies. However, preexisting assignments to local agencies regardingvarious enforcement activities remain in effect and couldbe used ifenforcement activities are delegated to theTCEQ from the EPA. 1.6 ORGANIZATIONS RESPONSIBLEFORDEVEWPMENT, IMPLEMENTATION, AND ENFORCEMENT The TCEQ is the agency delegated authorityby the Texas Legislature regarding the protection of air quality inthe State ofTexas. Other local government entities have limited authority regarding airquality matters in the State ofTexas.

1·2

### CHAPTER2:TEXASSTATUTORYAUTHORITY
The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, maintain, and enforce theNational Ambient Air Quality Standards (NAAQS). Texas' legal authority hasbeen submittedto the United States Environmental Protection Agency (EPA) as part ofvarious state implementation plan (SIP) revisions that have been approved bythe EPA. 

### 2.1 BACKGROUND The first air pollution control act, known as the Clean Air Act ofTexas, was passedbythe Texas Legislature in 1965. In 1967, the Clean Air Act ofTexas was superseded by a more comprehensive statute, the Texas Clean Air Act (TCAA), found in Article 4477-5, Vernon's Texas Civil Statutes. The Legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985, 1987, 1989, 1991, 1993, 1995, 1997, 1999, 2001, 2003, 2005, 2007, 2009, and 2011. In 1989, the TCAA was codified as Chapter 382 ofthe Texas Health and Safety Code. Originally, the TCAA stated thatthe Texas Air Control Board (TACB) was the state air pollution control agency and was the principal authority in the state on matters relating to the quality of air resources. In 1991, the legislature abolished the TACB effective September 1, 1993, and its powers, duties, responsibilities, and functions were transferred to the Texas Natural Resource Conservation Commission (TNRCC). With the creation ofthe TNRCC, the authority over air quality is found in both the Texas Water Code and the TCAA. Specifically, the authority ofthe commission is found in Texas Water Code, Chapters 5 and 7· Chapter 5, SubchaptersAthrough F, H through 

### J, and L, include the general provisions, organization, and general powers and duties ofthe commission, and the responsibilities and authority ofthe executive director. Chapter 5 also authorizes the commission to implement action when emergency conditions arise andto conduct hearings. Chapter 7 gives the commission enforcement authority. In 2001, the 77th Texas Legislature continued the existence ofthe commission until September 1, 2013, and changed the name ofthe TNRCC to the TCEQ. In 2009, the 81st Texas Legislature, during a special session, amended the Texas Water Code, §5.014, changing the expiration date ofthe TCEQ to September 1, 2011, unless continued in existence bythe Texas SunsetAct. In 2011, the '82ndTexas Legislature continued the existence ofthe TCEQ until2023.
The TCAA specifically authorizes the TCEQ to establish the level ofqualityto be maintained in the state's air and to control the quality ofthe state's air bypreparing and developing a general, comprehensive plan. The TCAA, SubchaptersA through D, also authorize the TCEQ to collect information to enable the commission to develop an inventory ofemissions; conduct research and investigations; enter property and examine records; prescribe monitoring requirements; institute enforcement proceedings; enter into contracts and execute instruments; formulate rules; issue orders taking into consideration factors bearing upon health, welfare, social and economic factors, and practicability and reasonableness; conduct hearings; establish air quality control regions; encourage cooperation with citizens' groups and other agencies and political subdivisions ofthe state as well as with industries and the federal government; and establish and operate a system ofpermits for construction or modification offacilities. Local government authority concerning air quality matters is found in Subchapter E ofthe TCAA. Local governments have the same power as theTCEQ to enter property and make inspections. Local governments may also make recommendations to the commission concerning any action ofthe TCEQ that affects their territorialjurisdiction, maybring enforcement actions, and may execute cooperative agreements with the TCEQ or other local governments. In addition, a city or town may enact and enforce ordinances for the control and abatement ofair pollution consistent with the provisions ofthe TCAA or the rules or orders ofthe commission.

2-1Subchapters G and H ofthe TCAA authorize the TCEQ to establish vehicle inspection and maintenance programs in certain areas ofthe state, consistentwith the requirements ofthe Federal CleanAir Act; coordinatewith federal, state, andlocal transportation planning agencies to develop and implement transportation programs and measures necessary to attain and maintain the NAAQS; andfund and authorize participating counties to implementvehicle repair assistance, retrofit and accelerated vehicle retirement programs.

2.2 STATUTORYAliTHORTIY The following statutory authority allows for the establishment and operation ofthe TCEQ and the adoption and implementation ofall FCAA, §uo(a)(2) requirements.
Texas CleanAirAct, Texas Health and Safety Code, Chapter 382, except Subchapter I.
Texas Water Code: §5.013(a)(u) & (13) §5.051. §5.052. §5.053· §5.054. §5.059. §5.o6o. §5.101. §5.102. §5.103. §5.104. §5.105. §5.106. §5.107. §5.115. §5.117. §5.120. §5.133· §5.1733. §5.223. §5.230. §5.233· §5.234· §5.237- §5.501. §5.502. §5.514. §5.515. §5.701(a) §5.702. §5.703. §5.704. §5.705. §?.002. GENERAL JURISDICTION OF COMMISSION COMMISSION MEMBERS OFTHE COMMISSION; APPOINTMENT ELIGIBILTIY FORMEMBERSHIP REMOVAL OF COMMISSION MEMBERS CONFLICT OF INTEREST LOBBYIST PROHIBffiON SCOPE OF SUBCHAPTER GENERAL POWERS RULES MEMORANDA OF UNDERSTANDING GENERAL POLICY BUDGETAPPROVAL ADVISORY COMMITTEES, WORK GROUPS, AND TASK FORCES PERSONSAFFECTED IN COMMISSION HEARINGS; NOTICE OF APPLICATION MANDATORY ENFORCEMENT HEARING CONSERVATIONAND QUALTIY OFENVIRONMENT ACTIONS IN MEXICO ELECTRONIC POSTING OF INFORMATION ADMINISTRATIVE ORGANIZATION OF COMMISSION ENFORCEMENT GIFTS AND GRANTS APPLICATIONS AND OTHERDOCUMENTS OPERATING FUND EMERGENCYAND TEMPORARY ORDER OR PERMIT; TEMPORARY SUSPENSION ORAMENDMENT OF PERMIT CONDITION APPLICATION FOR EMERGENCY ORTEMPORARY ORDER ORDERISSUEDUNDERAIREMERGENCY EMERGENCY ORDER BECAUSE OF CATASTROPHE FEES PAYMENT OF FEES REQUIRED WHEN DUE FEEADJUSTMENTS NOTICE OF CHANGE IN PAYMENT PROCEDURE NOTICE OFVIOLATION ENFORCEMENT AUTHORITY

2-2§7.032. §7.051. §7.052. §7.053· §7.061. §7.066. §7.067. §7.072. §7.073- §7.101. §7.102. §7.103. §7.105. §7.106. §7.177. §7.178. §7.179· §7.180. §7.181. §7.182.

§7.186. §7.187. §7.302. INJUNCTIVE RELIEF ADMINISTRATIVE PENALTY MAXIMUM PENALTY FACTORS TO BE CONSIDERED IN DETERMINATION OF PENALTY AMOUNT PAYMENT OF PENALTY; PETITION FOR REVIEW REFERRAL TO ATTORNEY GENERAL SUPPLEMENTAL ENVIRONMENTAL PROJECTS RECOVERY OF PENALTY CORRECTIVE ACTION VIOLATION MAXIMUM PENALTY CONTINUING VIOLATIONS CIVIL SUIT RESOLUTION THROUGH ADMINISTRATIVE ORDER VIOLATIONS OF CLEAN AIRACT F

AlLURETO PAY FEES UNDER CLEAN AIR ACT FALSE REPRESENTATIONS UNDER CLEAN AIR ACT FAILURE TO NOTIFY UNDER CLEAN AIR ACT IMPROPER USE OF MONITORING DEVICE RECKLESS EMISSION OFAIR CONTAMINANTAND ENDANGERMENT INTENTIONAL OR KNOWING EMISSION OFAIR CONTAMINANT AND KNOWING ENDANGERMENT SEPARATE OFFENSES PENALTIES GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT

2-3CHAPTER3: TEXAS REGUlATORYAUTHORI1Y
3.1 REGUlATORYAUTHORI1Y The Texas Commission on Environmental Quality (TCEQ) has promulgated rules implementing statutory authorityto meetthe requirements ofboth the Federal Clean Air Act (FCAA) and the Texas Clean Air Act. These rules were submitted to the United States Environmental Protection Agency (EPA) in various state implementation plan (SIP) revisions and have been approved in the

### Federal Register (FR) or are pending EPA review. Rules that are relevant for each FCAA, §11o(a)(2) requirement are noted below. 3.1.1 FCAA, §no(a)(2)(A) Federal Requirement (A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions ofemissions rights), as well as schedules and timetables for compliance, as maybe necessary or appropriate to meetthe applicable requirements ofthis chapter;
Texas Requirement The TCEQ has promulgated rules to implement and enforce the National Ambient Air Quality Standards (NAAQS) and other air quality standards. These rules include programs for banking andtrading ofemissions, as well as permits and fees. Periodic revisions tothe SIP establish timetables and schedules for improving the air quality in nonattainment areas. The following chapters of30 Texas Administrative Code (TAC) contain rules relevant for this federal requirement: Chap.7

. Chap.101

·· Chap.106

Chap.111 Chap. 112 '·Chap. 113

Chap.114 Chap.115 Chap.116 Chap. 117 Chap.118 Memoranda ofUnderstanding General Air Quality Rules Permitsby Rule, Subchapter A, General Requirements Control ofAir Pollutionfrom Visible Emissions and Particulate Matter Control ofAir Pollution from Sulfur Compounds Standards ofPerformance for Hazardous Air Pollutants and for Designated Facilities and Pollutants Control ofAir Pollution from Motor Vehicles Control ofAir Pollution from Volatile Organic Compounds Control ofAir Pollution by Permitsfor New Construction or Modification Control ofAir Pollution from Nitrogen Compounds Control ofAir Pollution Episodes 3.1.2 FCAA, §no(a)(2)(B) Federal Requirement (B) provide for establishment and operation ofappropriate devices, methods, systems, and procedures necessary to (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data available to the Administrator;
Texas Requirement The TCEQ maintains a networkofair quality monitors to collect air emissions data thatis reported to the EPA on a regular basis. Texas submits annual monitoring plans tothe EPA that

3-1describe how the state has complied with monitoring requirements and explains any proposed changes.
The following chapters of30 TAC contain rules relevant for this federal requirement: Chap. 101 Chap.106 Chap. 111 Chap.112 Chap. 115 Chap.116 Chap.117 General Air Quality Rules Permitsby Rule, SubchapterA, General Requirements Control ofAir Pollution from Visible Emissions and Particulate Matter Control ofAir Pollution from Sulfur Compounds Control ofAir Pollution from Volatile Organic Compounds Control ofAir Pollution by Permits for New Construction or Modification Control ofAir Pollution from Nitrogen Compounds
3.1.3 FCAA, §11o(a)(2)(C) Federal Requirement (C) include a program to provide for the enforcement ofthe measures described in subparagraph (A), and regulation ofthe modification and construction ofany stationary source within the areas coveredbythe plan as necessary to assure that national ambient air quality standards are achieved, including a permitprogram as required in parts C and D ofthis subchapter;
Texas Requirement The TCEQ has established rules governing the enforcementofcontrol measures, including attainmentplans and permitting programs that regulate construction and modification of stationary sources.'
The following chapters of30 TAC contain rules relevant for this federal requirement: Chap. 5 Chap. 39 Chap. 55 Chap.101

· Chap.106

Chap.112 Chap.115 Chap. n6 Chap. 117 Emergency andTemporary Orders and Permits; Temporary Suspension or Amendment ofPermit Conditions; Subcltapters A, B, C, K Public Notice Requests for Reconsideration and Contested Case Hearings; Public Notice General Air Quality Rules Permitsby Rule, SubchapterA, General Requirements Control ofAir Pollution from Sulfur Compounds Control ofAir Pollution from Volatile Organic Compounds Control ofAir Pollutionby Permits for New Construction or Modification Control ofAir Pollution from Nitrogen Compounds

'Texas has permitting rules for Prevention ofSignificant Deterioration (PSD), as required by the FCAA. The EPA has recently promulgated regulations for the permitting ofgreenhouse gases under the PSD program. Although Texas has not amended or proposed amendments to its permitting program to include greenhouse gases, Texas is meeting its obligations under the FCAA to provide for permitting offacilities that emit criteria pollutants. Greenhouse gases are not criteria pollutants, with NAAQS that must be met, and therefore a lack ofpermitting requirements in Texas rules for greenhouse gas emissions does not constitute a lack in the required infrastructure elements ofFCAA, §no(a)(2).
3-23.1.4 FCAA, §no(a)(2)(D) Federal Requirement (D) contain adequate provisions (i) prohibiting, consistent with the provisions ofthis subchapter, any source or other type ofemissions activity within the State from emitting any air pollutant in amounts which will (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures requiredto be included in the applicable implementation plan for any other State underpart Cofthis subchapterto prevent significant deterioration ofair quality orto protectvisibility,(ii) insuring compliance with the applicable requirements ofsections 7426 [126] and 7415 [115] of this title (relating to interstate and international pollution abatement);
Texas Requirement Texas submitteda separate SIP revision to meet the requirements ofFCAA, §11o(a)(2)(D), relating to the interstatetransport oflead under the 2008leadNAAQS. That SIP revision references existing control strategies as well as dispersion modeling ofmajor lead sources in Texas. Additionally, the revision verifies that the PSD andnonattainmentNew Source Review (NSR) permittingprograms are being implemented in Texas andthatleadis not considered a visibility-impairing pollutant. The Lead Transport Plan for the 2008 Lead National AmbientAir Quality Standard(Project Number 2011-005-SIP-NR) was proposedonApril6, 2011, and was adopted onAugust 17, 2011.
Texas has a SIP-approved PSD and nonattainment NSRpermitting program that contains requirements for sources ofair pollutants to obtain an approvedpermitbefore beginning construction ofa facility andbefore modifying an existing facility (see requirements for FCAA, §11o(a)(2)(C) previously listed).
The following chapter of30 TAC contains rules relevantfor this federal requirement: Chap. 101 General Air Quality Rules
3.1.5 FCAA, §no(a)(2)(E) Federal Requirement (E) provide (i) necessary assurances thatthe State (or, exceptwhere the Administrator deems inappropriate, the general purposelocal government or governments, or a regional agency designatedbythe State or general purpose local governments for such purpose) will have adequate personnel, funding, imd authorityunder State (and, as appropriate, local) lawto carry out such implementation plan (and is not prohibitedbyanyprovision ofFederal or State lawfrom carrying out such implementation plan or portion thereof), (ii) requirements thatthe State comply with the requirements respecting State boards under section 7428 [128] ofthis title, and (iii) necessary assurances that, where the State has relied on a local orregional government, agency, or instrumentalityfor the implementation ofanyplan provision, the State has responsibility for ensuring adequate implementation ofsuch plan provision;
Texas Requirement

3-3The TCEQ has consistently included assurances in SIP revisions that the state has adequate personnel, funding, and authority under statelawto carry out the SIP. The TCEQ has various Memoranda ofUnderstanding andMemoranda ofAgreement with other state andlocal agencies. Local governments have their own responsibilities andprivileges regarding the protection ofair quality as establishedby the Texas legislature.
The TCEQ relies on the complete statutory and regulatory authority as referenced throughout this document. This statutory authority ensures thatTexas can meet the requirements ofthis section, including the requirements of section 7428 [128] ofthe FCAA. The TCEQ also regularly submits a legal authority with SIP revisions submittedto the EPA.
3.1.6 FCAA, §uo(a)(2)(F) Federal Requirement (F) require, as may be prescribedby theAdministrator (i) the installation, maintenance, and replacement ofequipment, and implementation of other necessary steps, by owners or operators ofstationary sources to monitor emissions from suc!I sources, (ii) periodic reports on the nature and amounts ofemissions and emissions-related data from such sources, and (iii) correlation ofsuch reports by the State agency with any emission limitations or standards established pursuantto this chapter, which reports shall be available at reasonable times for public inspection;
Texas Requirement The TCEQ requires monitoring for air pollutants as part ofits NSR permit program. Certain emission sources are required to submit annual emission inventories and periodic reporting of emissions, which provides data that is used in air quality modeling to help Texas prepare SIP revisions. Emissions data are available at reasonable times for public inspection, with some information also available on the agency Web site.
The following chapters of 30 TAC contain rules relevant for this federal requirement: Chap.101 Chap.106 Chap. 111 Chap.112 Chap. 115 Chap.116 Chap.117 General Air Quality Rules Permitsby Rule, SubchapterA, General Requirements Control ofAir Pollution from Visible Emissions and Particulate Matter Control ofAir Pollution from Sulfur Compounds Control ofAir Pollution from Volatile Organic Compounds Control ofAir Pollution by Permits for New Construction or Modification Control ofAir Pollution from Nitrogen Compounds
3.1.7 FCAA, §uo(a){2)(G) Federal Requirement (G) provide for authority comparable to thatin section 7603 [303] ofthis title and adequate contingencyplans to implement such authority;
Texas Requirement The TCEQ may issue emergency orders, or issue or suspend air permits as required by an air pollution emergency. In addition, the TCEQ also maintains air pollution information in a form readily available to the public on the TCEQ's Today's Texas Ajr Ouality Forecast Web site (http://www.tceq.texas.gov/compliance/monitoring/air/monopsjforecast_ today.html). Local weather forecasts regularly warn the public about poor air quality days, including ozone alerts in all major metropolitan areas.

3-4The following chapters of30TAC contain rules relevant for thisfederal requirement: Chap.35 Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment ofPermit Conditions; SubchaptersA, B, C, K Chap. 

### uS Control ofAir Pollution Episodes
3.1.8 FCAA, §uo(a)(2)(H) Federal Requirement (H) provide for revision ofsuch plan (i) from time to time as may be necessary to take account ofrevisions ofsuch national primary or secondary ambient air quality standard orthe availability ofimproved or more expeditious methods ofattaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds onthe basis ofinformation available to the Administrator thattheplan is substantially inadequateto attainthe national ambient air quality standardwhich it implements orto otherwise comply with any additional requirements established under this chapter;
Texas Requirement The TCEQ regularly revises theTexas SIP in response to revisions in the NAAQS andthe EPA rules. See FCAA, §11o(a)(2)(A) above.
3.1.9 FCAA, §uo(a)(2)(I) Federal Requirement (I) in the case ofa plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements ofpart D ofthis subchapter (relating to nonattainment areas);
Texas Requirement SIP revisions that implement the control strategies necessary tobring a nonattainment area into attainment oftheNAAQS are not required bytheFCAA to be submitted within three years ofthe promulgation ofnew orrevised NAAQS. Therefore, FCAA, §no(a)(1) does not require this element to be demonstrated as part ofaninfrastructure SIP submittal. (See 73 FR 16205, at 16206) Texas is in the process ofdeveloping an attainment demonstration SIP revision for the single area ofthe state that has been designated nonattainmentfor the 2008 lead NAAQS. The attainment demonstration will be submittedto the EPA by June 30, 2012, after undergoing the required notice and public comment period, andwill include control strategies designed tobring the area into attainment ofthe 2008lead NAAQS no later than the attainment date ofDecember 31, 2015.
3.1.10 FCAA, §uo(a)(2)(J) Federal Requirement (J) meet the applicable requirements ofsection 7421 [121] ofthis title (relating to consultation), section 7427 [127] ofthis title (relating to public notification), andpart Cofthis subc!Iapter (relating to prevention of significant deterioration and visibilityprotection);
Texas Requirement

3-5The TCEQ has an establishedpublic participation process for all SIP revisions and permitting programs. The EPA has proposed limited approval/limited disapproval ofthe rules regarding public participation for air quality NSR permits? Texas has withdrawn from EPA consideration most ofthe rules thatwere the subject ofthe proposed limited approval/limited disapproval, and has submitted new and revised public participation rules to the EPA as a new SIP revision to addressthe EPA's published concerns regarding these requirements.3 On October 28, 2010, the EPA signed a notice withdrawing its limited approval/limited disapproval ofthe SIP revisions relating to public participation because those revisions are no longerbefore the EPA for review (75 FR 68291). The TCEQ consults with other state agencies, local agencies, and nongovernmental organizations, as well as with the environmental agencies ofother states regarding air quality concerns. All major sources in Texas are subjecttoTexas' SIP-approved PSD program. Texas submitted a SIP revision to address Regional Haze, including a long-term strategyto address visibilityimpairment for each Class I area that maybe impactedby emissions from Texas facilities.
The following chapters of30 TAC contain rules relevant for this federal requirement: Chap.? Chap. 35 Memoranda ofUnderstanding Emergency andTemporary Orders and Permits; Temporary Suspension or Amendment ofPermit Conditions; Subchapters Hand K General Air Quality Rules Chap.101 Chap.116 Control ofAir Pollution for New Construction or Modification
3.1.11 FCAA, §uo(a)(2)(K) Federal Requirement (K) provide for (i) the performance ofsuch air quality modeling as the Administrator may prescribe for the purpose ofpredicting the effect on ambient air quality ofany emissions ofany air pollutantfor which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, ofdata related to such air quality modeling to the Administrator;
Texas Requirement Air quality modeling is conducted during development ofrevisions to the Texas SIP, as appropriate for the state to demonstrate attainmentwith required NAAQS. Modeling is also a part ofthe NSR permitting program. The following chapter of 30 TAC contains rules relevant for this federal requirement: Chap. 116 Control ofAir Pollution for New Construction or Modification
3.1.12 FCAA, §no(a)(2)(L) Federal Requirement

2 Approval and Promulgation ofImplementation Plans; Texas; Revisions to Chapters 39, 55, and 116 Which Relate to Public Participation on Permits for New and Modified Sources, 73 FR 72001 (November 26, 2008). 3The TCEQ adopted this rulemaking on June 2, 2010, and the adopted rules were published in the Texas Register (TR) on June 18, 2010 (35 TR 5198). These rules became effective on June 24, 2010, and were submitted to the EPA on July 2, 2010, but the EPA has not yet taken any action on these rules.
3-6(L) require the owner or operator ofeach major stationary source to payto the permitting authority, as a condition ofanypermit required under this chapter, a fee sufficientto cover (i) the reasonable costs ofreviewing and acting upon any application for such a permit, and (ii) ifthe owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms andconditions ofany such permit (notincluding any court costs or other costs associated with any enforcement action), until fee requirement is superseded with respect to such sourcesbythe Administrator's approval ofa fee program under subchapterV ofthis chapter;
Texas Requirement TheTCEQ assesses fees for reviewing permit applications andfor enforcing the terms and conditions ofpermits. Thefollowing chapters of30 TAC contain rules relevant for this federal requirement: Payment ofFees GeneralAir Quality Rules Chap.12 Chap.101 Chap.106 Chap.u6 Permitsby Rule, Subchapter A, General Requirements Control ofAir Pollution by Permits for New Construction or Modification
3.1.13 FCAA, §11o(a)(2)(M) Federal Requirement (M) provide for consultation andparticipationbylocal political subdivisions affectedby the plan.
Texas Requirement TheTCEQ has several cooperative agreements and Memoranda ofUnderstanding withvarious other state andlocal agencies and organizations. Consultation with a variety ofdifferent organizations is a regular part oftheTCEQ's process ofdeveloping SIP revisions.
3.2 CONCLUSION The foregoing demonstrates thatTexas has the necessary regulatory and statutory authorityto meet the infrastructure requirements ofFCAA, §uo(a)(l) and (2) for the 2oo8leadNAAQS.

3-7THE STATE OF TEXAS 

### TEXAS COMMISSION ON**ENVIR~In'l~il",f¥;WS\J** 

### ITY •**'l't$l'eflYl:e~t~** 11\fsl's

## a frue and correct copy of a

.**~;-. Te~s** **.com~ssiOil** on EnVIronmental Quality document,**\.,~:J:~ ··~.\** **~1ch** 11 filed 1n the permanent records of the Commission. (:;. ,Jti( J&;j GM!n u.nder my hand and the seal of office on 

# \::=::.j**.6itl1£~** 

# OCT 10 2011 Bridget C. ,Chief Clelk · Texas Commission on Environmental Quality 

### ORDERADOPTING REVISION TO THE STATE IMPLEMENTATION PLAN

Docket No. 2011-0331-SIP


### On October 5, 2011, the Texas Commission on Environmental Quality (Commission), during a public meeting, considered adoption ofrevisions to the state implementation plan (SIP). The Commission adopted a SIP revision demonstrating howthe infrastructure elements listed in Federal Clean Air Act (FCAA), §no(a)(2) are currently addressed in the Texas SIP for the 2008 Lead National AmbientAir Quality Standard. The SIP revision outlines the requirements ofFCAA, §no(a)(2)(A) through (M) andthe Texas statutes and rules that allow the TCEQ to meetthose requirements. These requirements include basic program elements such as enforceable emission limitations and control measures, air quality monitoring and modeling, a permitting program, adequate funding and personnel, authority under state lawto carry outthe plan, emissions reporting, emergency powers, public participation, and fee collection. Under Tex. Health & 

### Safety Code Ann. §§ 382.on, 382.012, and 382.023 (Vernon 2008), the Commission has the authorityto control the quality ofthe state's air and to issue orders consistentVvith the policies and purposes ofthe Texas Clean Air Act, Chapter 382 ofthe Tex. Health & 

### Safety Code. Notice ofthe proposed SIP re\ision was publishedfor comment in the July 8, 20ll, issue ofthe Texas Register (36 TR 4449).
Pursuant to 40 Code ofFederal Regulations § 51.102 and after proper notice, the Commission conducted a public hearing to consider re\isions to the SIP. Proper notice included prominent advertisement in the areas affected atleast 30 days priorto the date of the hearing. A public hearing was scheduled inAustin on July 25, 20ll.
The Commission circulated hearing notices ofits intended action to the public, including interested persons, the Regional Administrator ofthe EPA, and all applicable local air pollution control agencies. The public was in,ited to submit data, views, and recommendations on the proposed SIP revisions, either orally or in v.Titing, at the hearing or during the comment period. Prior to the scheduledhearing, copies ofthe proposed SIP re>isions were available for public inspection atthe Commission's central office and on the Commission's Web site. Data, \iews, and recommendations ofinterested persons regarding the proposed SIP re,isions were submittedto the Commission during the comment period, and were consideredbythe Commission as reflected in the analysis oftestimonyincorporatedby reference to this Order. The Commission finds thatthe analysis oftestimony includes the names ofall interested groups or associations offering comment on the proposed SIP re,isions and their position concerning the same.i:!'.)(3T 10 :lTAT2 'lHT ?.!Vt\'...:;l·10**v~ ~.>'UO')** 

# ,,;.:~**~.~··:;~" J!1:.S;;J;'~f~~~(j~f¥~~y**  THE COMMISSION thatthe

# revisi?~s to the SIP

.,J .• ,,,**in<X~TJ??~~t,efl:V.Yn;f~r~~~.~~~q';',~~** 

### are**he~eby** 

### adopted. The ado**pte~ re~s1o~s**  

### to the SIP are·lnoorp6'rtltedof:i'ereferlcetn**l:l:h~:** 

### tlrder as 1fset forth atlength verbatim m this Order. " •.., ' ·';:,..,I"' ' r\

..**_,r{.}.~);** ..J**~-** ... "'\...,..,}



### ..., ··- ....

### iTI'if:FuR.~JiERjf)~ID;i;\OTHE COMMISSION that onbehalfofthe Commission, the 

### Glhanman·slrortlll**~lf'cclPj"df**

### this Order, together with the adopted revisions to the SIP, to the Regional Administrator ofEPA as a proposedrevision to the Texas SIP pursuantto the Federal Clean Air Act, codified at 42 

### U.S. Code Ann. §§ 

### 7401, 7671q, 

### as amended. If

### any portion ofthis Order is for any reason heldtobe invalidby a court ofcompetent jurisdiction, the invalidity ofany portion shall not affect the validity ofthe remaining portions.

Date issued: 

# OCT 1O 2011

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY