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 and Preventing 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 of FCAA, §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, and fee collection. 

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete 

record of the public hearing, and the accompanying order. I look forward to your expeditious 

approval of these SIP revisions. 

Sincerely, 

~'·~~ Chairman 

BWS/ab 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Toby Baker, Office of Budget, Planning and Policy, Office of the 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 

CO UNIT OF TRAVIS 

~~.I ~j Docket No. 2011-0331-SIP 

This is to certify that the attached are true and correct copies of documents for 

revisions to the Texas State Implementation Plan, adopted on October 5, 2011, pursuant to 40 

Code of Federal Regulations§ 51.104. I am the records administrator for the Air Quality 

Division of the Texas Commission on Environmental Quality (Commission). 

DaVidBer, ~,~~· Di~ -

Air Quality Division 

Texas Commission on Environmental Quality 
Texas 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-NR 
INTRODUCTION 

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) under the 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 of the 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 of this 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 

PROPOSAL 
PUBLIC 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 of the House 

Lieutenant Governor 

Alamo Area Council of Governments 

Capital Area Planning Council 

City of Austin, 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 Services 
North 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 Agency 
Example of Newspaper Classified Ad 

Austin American-Statesman, June 24, 2011 

NonCE OF PUBLIC HEARING BY THE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALm ON PROPOSED REVISIONS TO 

THE STAlE IMPLEMENTAnON PLAN 

The Texas Commission on Environmental 

Quality rTCEQ) 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.D12 and §38l.Q13; and 40 Code of Federal Regulations §51. 102 of the United 

States Environmental Protection Agency 

regulations concerning SIPs. The, proposed revision would incolllorate a 

plan to address the infrastructure require- ments of Federal Clean Air Act (FCAA), 

§110(a){1) and {2) under the 2008 lead Na· 

tiona I Ambient Air Quality Standard (NAAQS): 

These revisions would document how each 

Infrastructure element Is currently addressed in the Texas SIP by outlining the require· ments in FCAA, §110{a)(2)(A) through (M) and 

the state stattltes and rules that allow Texas to meet each requirement. 

A public hearing on this proposal will be held 

in Austin on July 2S, 2011, at 1 0;00 a.m., at the TCEQ headquarters, 12100 Park35 Circle, 

Building F, Room 2210. The hearing will be 

structured for the re<:eipt of oral or written 

comments by interested persons. Individuals may present oral statements when called 

upon in order of registration. There wm be no 

open discussion during the hearing; however, 

TCEQ staff will be available to discuss the 

proposal30 minutes prior to the hearing. 

Persons who have special communication or, 

other accommodation needs who are plan• 

ning to attend the hearing should contact 

Shelley Naik with the Air Quality Division ett 

(S12) 239-1536. Requests should be made a~ 

far In advance as possible. Comments may be submitted to Shelley Naik, 

MC 206, Air Quallry Division, Chief Engineer'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 may apply to comments beIng submitted via the eComments system. AJJ comments pertaining to the Lead 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 of the proposed SIP revision can be obtained from the TCEQ's Web site at http://www.tceq.texas.gov/alrquality/ 

sip/criteria-pollutants/sip-lead. For furth~ .,: lnforrriatlon, please contactShelley Nalk, .\If: 

Quarrty Plannlrig Section, (512) 239-1536. 

Issued In AUstin, Texas, on June 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 of facility 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 1 Quality 

Filed: June 28, 2011 

• • 

Notice of Public 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 of Texas 

Health and Safety Code, §382.012 and §382.D13; and 40 Code of Federal Regulations §5 L I 02 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, §II O(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 22I 0. 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 order of registration. There 

will be no open discussion during the hearing; however, TCEQ staff 

will be available to discuss the proposal30 minutes prior to 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 of the 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 N aik, 

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 of Texas Health and Safety de, §382.0I7; Texas Government 

Code, Chapter 200I, Subchapter · and 40 Code of Federal Regulations §51. I 02 of the 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 of reasonable 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 of registration. 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, 20 II. 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 

IN ADDITION July 8, 2011 36 TexReg 4449 
Bryan 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 by Reducing and Preventing Pollution 

NOTICE OF PUBLIC HEARING BY THE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

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 of Texas Health and Safety Code, §382.012 and §382.013; and 40 Code of Federal 

Regulations §51.102 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), §11o(a)(1) and (2) under the 2008lead 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, §11o(a)(2)(A) 

through (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:oo a.m., at the 

TCEQ headquarters, 12100 Park 35 Circle, Building F, Room 2210. The hearing will be 

structured for the receipt of oral or written comments by interested persons. Individuals may 

present oral statements when called upon in order of registration. There will be no open 

discussion during the hearing; however, TCEQ staff will be available to discuss the proposal30 

minutes prior to the hearing. 

Persons who have special communication or other accommodation needs who are planning 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 Environmental Quality, P.O. Box 13087, Austin, Texas 78711-

3087, or faxed to (512) 239-5687. Electronic comments may be submitted at 

www5.tceq.texas.gov /rules/ecomments/. File size restrictions may apply to comments being 

submitted via the eComrnents 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 doses on July 29, 2011. Copies of the proposed SIP revision can be 

obtained from the TCEQ'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 papu 
REVISIONS 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 FOR THE 2008 

LEAD NATIONAL AMBIENT AIR QUALI1Y STANDARD 

PROJECT NUMBER 2011-016-SIP-NR 

Proposal 

June 22, 2011 
This page intentionally left blank 
EXECUTIVE SUMMARY 

This revision to the state implementation plan (SIP) for lead infrastructure is being submitted to 

meet the Federal Clean Air Act (FCAA), §no(a)(1) requirement for states to submit SIP revisions 

within three years after the promulgation of new 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 strengthened the 

NAAQS for lead. The new standard, set at 0.15 micrograms per cubic 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 of this SIP revision is to document that the 

Texas SIP documented at 40 Code of Federal Regulations Part 52, Subpart SS contains all the 

infrastructure elements required by FCAA, §uo(a)(2) for the implementation, maintenance, and 

enforcement of the 2008lead NAAQS. 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 of the existing Section V: Legal 

Authority section of Texas' SIP. This expanded section is unique to infrastructure SIP revisions 

that are submitted to meet the requirements of FCAA, §no(a)(1), and demonstrates that the 

state can provide for the implementation, maintenance, and enforcement of the NAAQS. 

This infrastructure demonstration outlines the requirements of FCAA, §no(a)(2)(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 law to carry out 

the plan, emissions reporting, emergency powers, public participation, and fee collection. 

Section 110(a)(2)(D) relating to interstate transport of emissions will not be included in this SIP 

revision but will be addressed in a separate Lead Transport SIP Revision. 

ES-1 
SECTION V: LEGAL AUTHORI1Y 

A. General (Revised) 

B. Infrastructure Demonstration for Lead (Revised) 

1. 2008 Lead National Ambient Air Quality Standard (Revised) 

ii 
TABLE OF CONTENTS 

Executive Summary 

Section V: Legal Authority 

Table of Contents 

List of Acronyms 

List of Tables 

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 Statutory Authority 

2.1 Background 

2.2 Statutory Authority 

Chapter 3: Texas Regulatory Authority 

3.1 Regulatory Authority 

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) 

iii 
3.1.12 FCAA, §no(a)(2)(L) 

3.1.13 FCAA, §no(a)(2)(M) 

3.2 Conclusion 

iv 
CFR 

EPA 

FCAA 

FR 

NAAQS 

NSR 

PM2.5 

PSD 

SIP 

TAC 

TACB 

TCAA 

TCEQ 

TNRCC 

TR 

ilg/m3 

LIST OF ACRONYMS 

Code of Federal Regulations 

United States Environmental Protection Agency 

Federal Clean Air Act 

Federal Register 

National Ambient Air Quality Standard 

New Source Review 

fine particulate matter 

Prevention of Significant 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 

v 
LIST OF TABLES 

Table 1-1: Public Hearing Information 

vi 
SECTION V-A: LEGALAlJfHORI1Y 

A. General 

The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, 

maintain, and enforce the National Ambient Air Quality Standards (NAAQS) and to control the 

quality of the state's air, including maintaining adequate visibility. 

The first air pollution control act, known as the Clean Air Act of Texas, was passed by the Texas 

Legislature in 1965. In 1967, the Clean Air Act of Texas 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, and 2009. In 1989, the TCAA was 

codified as Chapter 382 of the 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 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 of the TNRCC, the authority over air 

quality is found in both the Texas Water Code and the TCAA. Specifically, the authority of the 

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 of the TNRCC, and the 

responsibilities and authority of the executive director. Chapter 5 also authorizes the TNRCC to 

implement action when emergency conditions arise and to conduct hearings. Chapter 7 gives the 

TNRCC enforcement authority. In 2001, the nth Texas Legislature continued the existence of 

the TNRCC until September 1, 2013, and changed the name of the TNRCC to the TCEQ. In 

2009, the 81st Texas Legislature, during a special session, amended section 5.014 of the Texas 

Water Code, changing the expiration date of the TCEQ to September 1, 2011, unless continued in 

existence by the Texas Sunset Act. 

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in 

the state's air and to control the quality of the state's air by preparing and developing a general, 

comprehensive plan. The TCAA, Subchapters A-D, also authorize the TCEQ to collect 

information to enable the commission to develop an inventory of emissions; to conduct research 

and investigations; to enter property and examine 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, and practicability and reasonableness; to conduct 

hearings; to establish air quality control regions; to encourage cooperation with citizens' groups 

and other agencies and political subdivisions of the state as well as with industries and the 

federal government; and to establish and operate a system of permits for construction or 

modification of facilities. 

Local government authority is found in Subchapter E of the 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 of the TCEQ that affects their 

territorial jurisdiction, may bring 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 of air pollution not inconsistent with the provisions of 

the TCAA and the rules or orders of the commission. 

vii 
Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and 

maintenance programs in certain areas of the state, consistent with the requirements of the 

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 listed below have previously been submitted as part of the 

SIP. 

Statutes 

All sections of each subchapter are included, unless otherwise noted. 

TEXAS HEALTH & SAFE1Y CODE, Chapter 382 

TEXAS WATER CODE 

Chapter 5: Texas Natural Resource Conservation Commission 

Subcllapter A: General Provisions 

September 1, 2009 

September 1, 2009 

Subcllapter B: Organization of the Texas Natural Resource Conservation Commission 

Subcllapter C: Texas Natural Resource Conservation Commission 

Subcllapter D: General Powers and Duties of the 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 of Hearings 

Subchapter I: Judicial Review 

Subchapter J: 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 

Subchapter 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) 

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 of the following rules are found in 30 Texas Administrative Code, as of the following latest 

effective dates: 

Chapter 7: Memoranda of Understanding, §§7.110 and 7.119 

December 13, 1996 and May 2, 2002 

Chapter 19: Electronic Reporting 

Chapter 35: Subcllapters A-C, K: Emergency and Temporary Orders and 

Permits; Temporary Suspension or Amendment of Permit Conditions 

viii 

March 15, 2007 

July 20, 2006 
Chapter 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: Permits by Rule, Subchapter A May 12, 2011 

Chapter 111: Control of Air Pollution from Visible Emissions and Particulate 

Matter July 19, 2006 

Chapter 112: Control of Air Pollution from Sulfur Compounds July 16, 1997 

Chapter 113: Standards of Performance for Hazardous Air Pollutants and for 

Designated Facilities and Pollutants May 14, 2009 

Chapter 114: Control of Air Pollution from Motor Vehicles December 13, 2010 

Chapter 115: Control of Air Pollution from Volatile Organic Compounds February 17, 2011 

Chapter 116: Permits for New Construction or Modification March 3, 2011 

Chapter 117: Control of Air Pollution from Nitrogen Compounds May 12, 2011 

Chapter uS: Control of Air 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 of Economic Incentives, Marketable Permits, and 

Emissions Trading 

ix 

June 3, 2001 
SECTION V -B-1: INFRASTRUCTURE DEMONSTRATION FOR THE 2008 LEAD 

NATIONALAMBIENf AIR QUALTIY STANDARD 

CHAPTER 1: INTRODUCTION 

1.1 BACKGROUND 

Section 110(a)(1) of the Federal Clean Air Act (FCAA) requires states to submit a state 

implementation plan (SIP) revision to provide for the implementation, maintenance, and 

enforcement of the National Ambient Air Quality Standards (NAAQS). States are required to 

submit the infrastructure portion of this SIP requirement to the United States Environmental 

Protection Agency (EPA) to demonstrate that basic program elements have been addressed 

within three years of the promulgation of any new or revised NAAQS. Section 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 (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 submitted to provide an update of the §11o(a)(2) 

infrastructure requirements for the 2008lead NAAQS within three years after the promulgation 

of the revised NAAQS, or by 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 of Federal Regulations Part 52, Subpart SS. 

The infrastructure demonstration is an expansion of the Legal Authority section of Texas' 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 under the SIP Legal Authority. This infrastructure 

section is intended to satisfy the §11o(a)(1) requirement to provide for the implementation, 

maintenance, and enforcement of the NAAQS. It will, therefore, be updated as part of the 

infrastructure SIP revisions that Texas is required to submit as new or revised NAAQS are 

promulgated, but it will not otherwise be included in other Texas SIP revisions. Section A of the 

Legal Authority contains the basic listing of the Texas' legal framework for adopting SIP 

revisions, and will be the default Legal Authority for Texas SIP revisions that are not specifically 

submitted to meet the FCAA, §11o(a)(1) infrastructure demonstration requirement. 

The October 2, 2007, EPA Guidance on SIP Elements Required Under Sections 110(a)(1) and 

(2) for the 1997 8-hour ozone and PM,.5 National Ambient Air Quality Standards, and the 

September 25,2009, Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) 

for the 2006 24-Hour Fine Particle (PM,.s) National Ambient Air Quality Standards 

(NAAQS) indicated that if a state determines that its existing SIP is adequate, the state can 

certify via 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, it has not yet proposed such guidance for any of the four NAAQS issued since 

2008. The Texas Commission on Environmental Quality (TCEQ) has been in regular 

communication with EPA Region 6 through monthly phone calls and other meetings, but as of 

April 20, 2011, has not received any formal updated guidance for infrastructure SIP submittals. 

However, as part of this communication, in February 2011 the EPA Region 6 informed the TCEQ 

that the new guidance for lead infrastructure SIP revisions would require that the infrastructure 

demonstration undergo a notice and comment period as a formal SIP revision. Because the new 

1-1 
lead NAAQS was promulgated on October 15, 2008, the infrastructure SIP submittal for the lead 

NAAQS is due to the EPA by October 15, 2011. To meet this deadline with a SIP submittal that 

has undergone a notice and comment period, the TCEQ must propose this SIP revision by June 

2011 to be able to meet all federal and state notice requirements. The TCEQ is proposing this 

SIP revision in order to meet the EPA's October 15, 2011, deadline. 

The TCEQ acknowledges that proposed changes to federal regulations may have future impacts 

on how the TCEQ meets the requirements of FCAA, §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 at that time. 

1.2 PUBLIC HEARING AND COMMENT INFORMATION 

The commission will hold a public hearing for this proposed SIP revision at the 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 through the eComments 

(http:/ fwww5.tceq.state.tx.us/rulesjecomments) system. All comments should reference the 

"Lead Infrastructure Plan for the 2008 Lead National Ambient Air Quality Standard" and 

Project Number 2011-016-SIP-NR. Comments may be submitted to Shelley Naik, MC 206, State 

Implementation Plan Team, Chief Engineer's Office, Texas Commission on Environmental 

Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-5687. If you choose to 

submit electronic comments, they must be submitted through the eComments system. File size 

restrictions may apply to comments being submitted via the eComments system. Comments 

must be received by July 29,2011. 

Copies of the proposed SIP revision and its appendices can be 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 SOCIAL AND ECONOMIC CONSIDERATIONS 

Because rulemaking is not a part of this SIP revision, there are no changes that would impact 

society or the economy. 

1.4 FISCAL AND MANPOWER RESOURCES 

The TCEQ has determined that its fiscal and manpower resources are adequate and will not be 

adversely affected through the implementation of this plan. 

1-2 
1.5 COORDINATION WITH WCAL AGENCIES 

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 could be used if enforcement activities are delegated to the TCEQ from the EPA. 

1.6 ORGANIZATIONS RESPONSIBLE FOR DEVELOPMENT, IMPLEMENTATION, 

AND ENFORCEMENT 

The TCEQ is the agency delegated authority by the Texas Legislature regarding the protection of 

air quality in the State of Texas. Other local government entities have limited authority 

regarding air quality matters in the State of Texas. 

1-3 
CHAPTER 2: TEXAS STATUTORY AUfHORITY 

The Texas Commission on Environmental Quality (TCEQ) has the legal authority to 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 of various State Implementation Plan (SIP) revisions that have been approved by the EPA. 

2.1 BACKGROUND 

The first air pollution control act, known as the Clean Air Act of Texas, was passed by the Texas 

Legislature in 1965. In 1967, the Clean Air Act of Texas 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, and 2009. In 1989, the TCAA was 

codified as Chapter 382 of the Texas Health and Safety Code. 

Originally, the TCAA stated that the 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 of the TNRCC, the authority over air 

quality is found in both the Texas Water Code and the TCAA Specifically, the authority of the 

commission is found in Texas Water Code, Chapters 5 and 7· Chapter 5, Subchapters A through 

F, H through J, and L, include the general provisions, organization, and general powers and 

duties of the commission, and the responsibilities and authority of the executive director. 

Chapter 5 also authorizes the commission to implement action when emergency conditions arise 

and to conduct hearings. Chapter 7 gives the commission enforcement authority. In 2001, the 

77th Texas Legislature continued the existence of the commission until September 1, 2013, and 

changed the name of the 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 of the 

TCEQ to September 1, 2011, unless continued in existence by the Texas Sunset Act. 

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in 

the state's air and to control the quality of the state's air by preparing and developing a general, 

comprehensive plan. The TCAA, Subchapters A through D, also authorize the TCEQ to collect 

information to enable the commission to develop an inventory of emissions; 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 of the state as well as with industries and the federal government; and establish 

and operate a system of permits for construction or modification of facilities. 

Local government authority concerning air quality matters is found in Subchapter E of the 

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 of the TCEQ that affects their territorial jurisdiction, may bring 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 of air 

pollution not inconsistent with the provisions of the TCAA or the rules or orders of the 

commission. 

2-1 
Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and 

maintenance programs in certain areas of the state, consistent with the requirements of the 

Federal Clean .Ajr 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; and fund and authorize participating counties to implement vehicle repair 

assistance, retrofit and accelerated vehicle retirement programs. 

2.2 STATUfORY AUfHORITY 

The following statutory authority allows for the establishment and operation of the TCEQ and 

the adoption and implementation of all §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 

EUGIBIU1Y FOR MEMBERSHIP 

REMOVAL OF COMMISSION MEMBERS 

CONFUCT OF INTEREST 

LOBBYIST PROHIBITION 

SCOPE OF SUBCHAPTER 

GENERAL POWERS 

RULES 

MEMORANDA OF UNDERSTANDING 

GENERAL POUCY 

BUDGET APPROVAL 

ADVISORY COMMITTEES, WORK GROUPS, AND TASK FORCES 

PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE OF 

APPUCATION 

MANDATORY ENFORCEMENT HEARING 

CONSERVATION AND QUALIIT OF ENVIRONMENT 

ACTIONS IN MEXICO 

ELECTRONIC POSTING OF INFORMATION 

ADMINISTRATIVE ORGANIZATION OF COMMISSION 

ENFORCEMENT 

GIFTS AND GRANTS 

APPUCATIONS AND OTHER DOCUMENTS 

OPERATING FUND 

EMERGENCY AND TEMPORARY ORDER OR PERMIT; TEMPORARY 

SUSPENSION OR AMENDMENT OF PERMIT CONDffiON 

APPUCATION FOR EMERGENCY OR TEMPORARY ORDER 

ORDER ISSUED UNDER AIR EMERGENCY 

EMERGENCY ORDER BECAUSE OF CATASTROPHE 

FEES 

PAYMENT OF FEES REQUIRED WHEN DUE 

FEE ADJUSTMENTS 

NOTICE OF CHANGE IN PAYMENT PROCEDURE 

NOTICE OF VIOLATION 

ENFORCEMENT AUTHORI1Y 

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 AIR ACT 

FAILURE TO 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 OF AIR CONTAMINANT AND 

ENDANGERMENT 

INTENTIONAL OR KNOWING EMISSION OF AIR CONTAMINANT 

AND KNOWING ENDANGERMENT 

SEPARATE OFFENSES 

PENALTIES 

GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT 

2-3 
CHAPTER 3: TEXAS REGUlATORY AUTHORITY 

3.1 REGULATORY AUTHORITY 

The Texas Commission on Environmental Quality (TCEQ) has promulgated rules implementing 

statutory authority to meet the requirements of both 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, 

§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, or techniques (including economic incentives such as fees, 

marketable permits, and auctions of emissions rights), as well as 

schedules and timetables for compliance, as may be necessary or 

appropriate to meet the applicable requirements of this 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 of emissions, 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 of Title 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 of Understanding 

General Air Quality Rules 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution from Visible Emissions and Particulate Matter 

Control of Air Pollution from Sulfur Compounds 

Standards of Performance for Hazardous Air Pollutants and for Designated 

Facilities and Pollutants 

Control of Air Pollution from Motor Vehicles 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

Control of Air Pollution Episodes 

3.1.2 FCAA, §uo(a)(2)(B) 

Federal Requirement 

(B) provide for establishment and operation of appropriate 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 network of air quality monitors to collect air emissions data that is 

reported to the EPA on a regular basis. 

3-1 
The following chapters of 30 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 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution from Visible Emissions and Particulate Matter 

Control of Air Pollution from Sulfur Compounds 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

3.1.3 FCAA, §uo(a)(2)(C) 

Federal Requirement 

(C) include a program to provide for the enforcement of the measures 

described in subparagraph (A), and regulation of the modification and 

construction of any stationary source within the areas covered by the plan 

as necessary to assure that national ambient air quality standards are 

achieved, including a permit program as required in parts C and D of this 

subchapter; 

Texas Requirement 

The TCEQ has established rules governing the enforcement of control measures, including 

attainment plans and permitting programs that regulate construction and modification of 

stationary sources.' 

The following chapters of 30 TAC 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 of Permit Conditions; Subchapters A, B, C, K 

Public Notice 

Requests for Reconsideration and Contested Case Hearings; Public Notice 

General Air Quality Rules 

Permits by Rule, Subcllapter A, General Requirements 

Control of Air Pollution from Sulfur Compounds 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

3.1.4 FCAA, §uo(a)(2)(D) 

Federal Requirement 

(D) contain adequate provisions (i) prohibiting, consistent with the provisions 

of this subchapter, any source or other type of emissions activity within 

the State from emitting any air pollutant in amounts which will (I) 

contribute significantly to nonattainment in, or interfere with 

1 Texas has pennitting rules for Prevention of Significant Deterioration (PSD), as required by the FCAA. 

The EPA has recently promulgated regulations for the pennitting of greenhouse 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 pennitting of facilities 

that emit criteria pollutants. Greenhouse gases are not criteria pollutants, with a NAAQS that must be 

met, and therefore a lack of permitting requirements in Texas rules for greenhouse gas emissions does not 

constitute a lack in the required infrastructure elements of§ no(a){2). 

3-2 
maintenance by, any other State with respect to any such national 

primary or secondary ambient air quality standard, or (II) interfere with 

measures required to be included in the applicable implementation plan 

for any other State under part C of this subchapter to prevent significant 

deterioration of air quality or to protect visibility,(ii) insuring compliance 

with the applicable requirements of sections 7426 [126] and 7415 [115] of 

this title (relating to 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 under the 2008 lead NAAQS. That SIP revision will 

reference existing control strategies as well as dispersion modeling of major 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 National Ambient Air 

Quality Standard (Project Number 2011-005-SIP-NR) was proposed on April 6, 2011, and is 

scheduled to be considered for adoption on August 17, 2011. 

Texas has a SIP-approved PSD and nonattainment NSR permitting program that contains 

requirements for sources of air pollutants to obtain an approved permit before beginning 

construction of a facility and before modifying an existing facility (see requirements for 

§11o(a)(2)(C) previously listed). 

The following chapter of 30 TAC contains rules relevant for this federal 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 or governments, or a regional agency designated by the State· 

or general purpose local governments for sucil purpose) will have 

adequate personnel, funding, and authority under State (and, as 

appropriate, local) law to carry out such implementation plan (and is not 

prohibited by any provision of Federal or State law from carrying out such 

implementation plan or portion thereof), (ii) requirements that the State 

comply with the requirements respecting State boards under section 7428 

[128] of this title, and (iii) necessary assurances that, where the State has 

relied on a local or regional government, agency, or instrumentality for 

the implementation of any plan provision, the State has responsibility for 

ensuring adequate implementation of such plan provision; 

Texas Requirement 

The TCEQ has consistently included assurances in SIP revisions that the state has adequate 

personnel, funding, and authority under state law to carry out the SIP. The TCEQ has various 

Memoranda of Understanding and Memoranda of Agreement with other state and local 

agencies. Local governments have their own responsibilities and privileges regarding the 

protection of air quality as established by the 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 may be prescribed by the Administrator (i) the installation, 

maintenance, and replacement of equipment, and implementation of 

other necessary steps, by owners or operators of stationary sources to 

monitor emissions from such sources, (ii) periodic reports on the nature 

and amounts of emissions and emissions-related data from such sources, 

and (iii) correlation of such reports by the State agency with any emission 

limitations or standards established pursuant to this chapter, which 

reports shall be available at reasonable times for public inspection; 

Texas Requirement 

The TCEQ requires monitoring for air pollutants as part of its 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.1o6 

Chap.111 

Chap.112 

Chap. us 

Chap.u6 

Chap. 117 

General Air Quality Rules 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution from Visible Emissions and Particulate Matter 

Control of Air Pollution from Sulfur Compounds 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air 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] of this title 

and adequate contingency plans 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 Air Ouality Forecast Web site 

(http://www. tceq. texas.gov /compliance/monitoring/ air /monops/forecast_today.html). Local 

weather forecasts regularly warn the public about poor air quality days, including ozone alerts in 

all major metropolitan areas. 

The following chapters of 30 TAC contain rules relevant for this federal requirement: 

Chap.35 

Chap. uS 

Emergency and Temporary Orders and Permits; Temporary Suspension or 

Amendment of Permit Conditions; Subchapters A, B, C, K 

Control of Air Pollution Episodes 

3-4 
g.1.8 FCAA, §11o(a)(2)(H) 

Federal Requirement 

(H) provide for revision of such plan (i) from time to time as may be necessary 

to take account of revisions of such national primary or secondary 

ambient air quality standard or the availability of improved or more 

expeditious methods of attaining such standard, and (ii) except as 

provided in paragraph (3)(C), whenever the Administrator finds on the 

basis of information available to the Administrator that the plan is 

substantially inadequate to attain the national ambient air quality 

standard which it implements or to otherwise comply with 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 of a plan or plan revision for an area designated as a 

nonattainment area, meet the applicable requirements of part D of this 

subchapter (relating to nonattainment areas); 

Texas Requirement 

SIP revisions that implement the control strategies necessary to bring a nonattainment area into 

attainment of the NAAQS are not required by the FCAA to be submitted within three years of the 

promulgation of a new or revised NAAQS. Therefore, §no(a)(1) does not require this element to 

be demonstrated as part of an infrastructure SIP submittal. (See 73 FR 16205, at 16206) Texas is 

in the process of developing an attainment demonstration SIP revision for the single area of the 

. state that has been designated nonattainment for the 2008 lead NAAQS. The attainment 

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

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

· into attainment of the 2008lead NAAQS no later than the attainment date of December 31, 

2015. 

g.1.10 FCAA, §11o(a)(2)(J) 

Federal Requirement 

(J) meet the applicable requirements of section 7421 [121] of this title 

(relating to consultation), section 7427 [127] of this title (relating to public 

notification), and part C of this subchapter (relating to prevention of 

significant deterioration and visibility protection); 

Texas Requirement 

The TCEQ has an established public participation process for all SIP revisions and permitting 

programs. The EPA has proposed limited approval/limited disapproval of the rules regarding 

public participation for air quality NSR permits. 2 Texas has withdrawn from EPA consideration 

most of the rules that were the subject of the proposed limited approval/limited disapproval, 

2 Approval and Promulgation of Implementation 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). 

3-5 
and has submitted new and revised public participation 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 of the SIP revisions 

relating to public participation because those revisions are no longer before 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 of other states 

regarding air quality concerns. All major sources in Texas are subject to Texas' SIP-approved 

PSD program. Texas submitted a SIP revision to address Regional Haze, including a long-term 

strategy to address visibility impairment for each Class I area that may be impacted by 

emissions from Texas facilities. 

The following chapters of 30 TAC contain rules relevant for this federal requirement: 

Chap. 7 

Chap.35 

Memoranda of Understanding 

Emergency and Temporary Orders and Permits; Temporary Suspension or 

Amendment of Permit Conditions; Subchapters H and K 

Chap.101 General Air Quality Rules 

Chap.116 Control of Air Pollution for New Construction or Modification 

3.1.11 FCAA, §no(a)(2)(K) 

Federal Requirement 

(K) provide for (i) the performance of such air quality modeling as the 

Administrator may prescribe for the purpose of predicting the effect on 

ambient air quality of any emissions of any air pollutant for which the 

Administrator has established a national ambient air quality standard, 

and (ii) the submission, upon request, of data related to such air quality 

modeling to the Administrator; 

Texas Requirement 

Air quality modeling is conducted during development of revisions to the Texas SIP, as 

appropriate for the state to demonstrate attainment with required NAAQS. Modeling is also a 

part of the NSR permitting program. 

The following chapter of 30 TAC contains rules relevant for this federal requirement: 

Chap.116 Control of Air Pollution for New Construction or Modification 

3.1.12 FCAA, §no(a)(2)(L) 

Federal Requirement 

(L) require the owner or operator of each major stationary source to pay to 

the permitting authority, as a condition of any permit required under this 

chapter, a fee sufficient to cover (i) the reasonable costs of reviewing and 

acting upon any application for such a permit, and (ii) if the owner or 

operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit 

(not including any court costs or other costs associated with any 

3 The 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, were 

submitted to the EPA on July 2, 2010, but the EPA has not yet taken any action on these rules. 

3-6 
enforcement action), until fee requirement is superseded with respect to 

such sources by the Administrator's approval of a fee program under 

subchapter V of this chapter; 

Texas Requirement 

The TCEQ assesses fees for reviewing permit applications and for enforcing the terms and 

conditions of permits. 

The following chapters of 30 TAC contain rules relevant for this federal requirement: 

Payment of Fees 

General Air Quality Rules 

Chap.12 

Chap. 101 

Chap.106 

Chap.u6 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution by Permits for New Construction or Modification 

3.1.13 FCAA, §no(a)(2)(M) 

Federal Requirement 

(M) provide for consultation and participation by local political subdivisions 

affected by the plan. 

Texas Requirement 

The TCEQ has several cooperative agreements and Memoranda of Understanding with various 

other state and local agencies and organizations. Consultation with a variety of different 

organizations is a regular part of the TCEQ's process of developing SIP revisions. 

3.2 CONCLUSION 

The foregoing demonstrates that Texas has the necessary regulatory and statutory authority to 

meet the infrastructure requirements of FCAA, §uo(a)(1) and (2) for the 2oo8lead NAAQS. 

3-7 
WRITTEN AND 

ORAL TESTIMONY 
INDEX OF WRITTEN TESTIMONY 

Reference Number Submitted by 

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

NO ORAL TESTIMONY WAS RECEIVED PERTAINING TO THIS SIP REVISION. 
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 ORAL TESTIMONY? 

(CIRCLE ONE) 

Yes <§) 

II""' AN 1-i 1-.1 0. 1..\"1 Fl'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 OFFICER REPORT 

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 Chief Clerk 

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 Ambient Air 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 strengthened the NAAQS for lead. The new standard, set at 0.15 micrograms 

per cubic meter (Jlg/m3) measured as a rolling three-month average, is 10 times more 

stringent than the previous standard of 1.5 Jlg/m3 measured as a quarterly average. 

Section 110(a)(1) of the FCAA requires states to submit a plan to provide for the 

implementation, maintenance, and enforcement of the NAAQS. Section 110(a)(2) lists the 

elements that the new SIP revisions must contain. States are required to submit these 

infrastructure SIP submittals to the EPA to demonstrate that basic program elements have 

been addressed within three years of the promulgation of a new or revised 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, and the September 25, 2009, 

guidance for the 2006 PM2.s NAAQS indicated that if a state determines that its existing 

SIP is adequate, the state can certify, via a letter to the EPA, that the existing SIP contains 

provisions that address the infrastructure requirements. However, on February 24, 2011, 

EPA Region 6 staff communicated to the Texas Commission on Environmental Quality 

(TCEQ) that pending guidance for the 2008 lead NAAQS would likely require that 

infrastructure SIP revisions be opened to public notice and comment and that certification 

letters would no longer be adequate to meet the requirements of §11o(a)(1) and (2). EPA 

Region 6 staff sent a draft 2008 lead NAAQS infrastructure guidance document to the 

TCEQ on June 21, 2011. This draft guidance indicates that the submittal may be a 

certification in the form of a letter to the EPA from the governor or the governor's designee 

but that the state must provide reasonable public notice and opportunity for public hearing 

on a submittal prior to submission to the EPA. The adopted SIP revision will meet the 

notice and comment requirements identified in the draft guidance. To meet the 

infrastructure SIP submittal deadline of October 15, 2011, the TCEQ must adopt this SIP 

revision despite the lack of finalized EPA guidance. 
Commissioners 

Page2 

September 16, 2011 

Re: Docket No. 2011-0331-SIP 

Scope of the SIP revision: 

A.) Summary of what the SIP revision will do: 

The adopted SIP revision will document how the infrastructure elements listed in FCAA, 

§11o(a)(2) are currently addressed in the Texas SIP. The SIP revision will outline the 

requirements ofFCAA, §11o(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, and fee collection. Section 110(a)(2)(D) relating to interstate transport 

of emissions is not included in this SIP revision but is addressed in a separate Lead 

Transport SIP Revision adopted on August 17, 2011 (Project Number 2011-005-SIP-NR). 

B.) Scope required by federal regulations or state statutes: 

FCAA, §11o(a)(1) requires states to submit a SIP revision to provide for the 

implementation, maintenance, and enforcement of the NAAQS within three years of the 

promulgation of a new or revised NAAQS. Section 110(a)(2)(A) through (M) lists the 

infrastructure elements that the SIP revision must address. 

C.) Additional staff recommendations that are not required by federal rule or 

state statute: 

None 

Statutory authority: 

The authority to propose and adopt this SIP revision is derived from Texas Health and 

Safety Code, Texas Clean Air Act (TCAA), §382.002, which provides that the policy and 

purpose of the TCAA is to safeguard the state's air resources from pollution; TCAA, 

§382.011, which authorizes the commission to control the quality of the state's air; TCAA, 

§382.012, which authorizes the commission to prepare and develop a general, 

comprehensive plan for the control of the state's air; and Texas Water Code §5.02, General 

Powers, and §5.013, General Jurisdiction of the Commission. 

The FCAA, 42 USC §§7401, et seq., requires states to submit SIP revisions that specify the 

manner in which the NAAQS will be achieved and maintained within each air quality 

control region of the state. Additionally, the specific requirements for the 2008 lead 

NAAQS were published in the November 12, 2008, issue of the Federal Register (73 FR 

66963). 

Effect on the: 

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 new rules 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. at the TCEQ Headquarters in Austin. A question and answer session was held 

30 minutes prior to the meeting. The hearing was not officially opened because no party 

indicated a desire to give comment. 

The public comment period opened June 24, 2011, and closed July 29, 2011. A comment 

letter was received from the EPA Region 6. The EPA suggested language to be added to the 

Texas Regulatory Authority chapter of the SIP revision. The necessary revisions were made 

to the SIP narrative, and a summary of the comments and the 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 and filed 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 on potential exposure and minimizing emissions and not the infrastructure 

requirements themselves. 

Does this SIP revision affect any current policies or require development of 

new policies? 

No 

What are the consequences if this SIP revision does not go forward? Are there 

alternatives to this SIP revision? 

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

not submitted, the EPA would be required to promulgate a Federal Implementation Plan 

(FIP) for Texas to address the infrastructure requirements. The state could delay 

development of a lead infrastructure SIP revision until the EPA issues final guidance 

regarding lead SIP requirements; should guidance be issued later than anticipated, the 
Commissioners 

Page4 

September 16, 2011 

Re: Docket No. 20ll-0331-SIP 

state might submit the infrastructure SIP revision after the October 15, 2011, deadline but 

prior to expiration of a two-year FIP clock The EPA issued draft guidance on June 21, 

2011. 

The state could alternatively submit a certification letter following the October 2, 2007, 

EPA guidance regarding obligations under FCAA, §11o(a)(1) and (2) for the 1997 eighthour ozone and PM2.5 NAAQS, and the September 25, 2009, guidance for the 2006 PM2.5 

NAAQS stating that the existing SIP contains provisions that address the infrastructure 

requirements. However, draft EPA guidance for the 2008 lead NAAQS indicates that a 

certification letter submitted without reasonable notice and public hearings would not be 

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, Staff Attorney, 239-0891, Environmental Law Division 

cc: Chief Clerk, 2 copies 

Executive Director's Office 

Susana M. Hildebrand, P.E. 

Anne Idsal 

Curtis Seaton 

Ashley Morgan 

Office of General Cormsel 

Shelley Naik 

Joyce Spencer 
EVALUATION OF TESTIMONY 

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 in Austin. A question and answer session was held 30 minutes prior to 

the meeting. The hearing was not officially opened, because no party indicated a desire to give 

comment. 

The public comment period 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 of the 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 monitoring reports to the EPA, and agrees with this 

comment. This statement has been added to the §uo(a)(2)(B) section of the 

infrastructure demonstration. 

The EPA indicated that, if appropriate, the section of the infrastructure demonstration 

concerning FCAA, §11o(a)(2)(E), should note that the state complies with the requirements of 

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

citations. 

The TCEQ has clarified that the statutory authority listed in an earlier section of 

the infrastructure demonstration ensures that Texas can meet the requirements of 

§128 of the FCAA. The infrastructure demonstration states for §11o(a)(2)(E) that 

"The TCEQ relies on the complete statutory and regulatory authority as referenced 

throughout this document." The statutory authority includes Texas Water Code, 

Chapter C: Texas Natural Resources Commission, which includes the statutory 

requirements for the eligibility and selection of the commissioners of the TCEQ. 

These requirements ensure that Texas is in compliance with the FCAA, §128. The 

section of the demonstration referenced by the EPA, however, is the listing of 

TCEQ rule chapters that have been submitted to the SIP. Therefore, a specific 

statutory citation in this section of the document is unnecessary. 

2 
STAFF 

RECOMMENDATIONS
REVISIONS 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 FOR THE 2008 

LEAD NATIONAL AMBIENT AIR QUALITY STANDARD 

PROJECT NUMBER 2011-016-SIP-NR 

Adoption 

October 5, 2011 
This page intentionally left blank 
EXECUI'IVE SUMMARY 

This revision to the state implementation plan (SIP) for lead infrastructure is being submitted to 

meet the Federal Clean Air Act (FCAA), §uo(a)(1) requirement for states to submit SIP revisions 

within three years after the promulgation of new or revised National Ambient Air Quality 

Standards (NAAQS) to meet the infrastructure requirements of FCAA, §uo(a)(z). On October 

15, 2008, the United States Environmental Protection Agency substantially strengthened the 

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 

l!g/m' measured as a quarterly average. The purpose of this SIP revision is to document that the 

Texas SIP documented at 40 Code of Federal Regulations Part 52, Subpart SS contains all the 

infrastructure elements required by FCAA, §uo(a)(z) for the implementation, maintenance, and 

enforcement of the 2008 lead NAAQS. 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 of the existing Section V: Legal 

Authority section of Texas' SIP. This expanded section is unique to infrastructure SIP revisions 

that are submitted to meet the requirements of FCAA, §uo(a)(1), and demonstrates that the 

state can provide for the implementation, maintenance, and enforcement of the NAAQS. 

This infrastructure demonstration outlines the requirements of FCAA, §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 law to carry out 

the plan, emissions reporting, emergency powers, public participation, and fee collection. 

Documentation of Texas' ability to meet the requirements of FCAA, §uo(a)(2)(D) relating to 

interstate transport of emissions is not included in this SIP revision, but is addressed in a 

separate lead transport SIP revision. 

ES-1 
SECTIONV: LEGALAUTHORI1Y 

A. General (Revised) 

B. Infrastructure Demonstration for Lead (Revised) 

1. 2008 Lead National Ambient Air Quality Standard (Revised) 

ii 
TABLE OF CONTENTS 

Executive Summary 

Section V: Legal Authority 

Table of Contents 

List of Acronyms 

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 Statutory Authority 

2.1 Background 

2.2 Statutory Authority 

Chapter 3: Texas Regulatory Authority 

3.1 Regulatory Authority 

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) 

iii 
3.1.13 FCAA, §no(a)(2)(M) 

3.2 Conclusion 

Response to Comments 

iv 
CFR 

EPA 

FCAA 

FR 

NAAQS 

NSR 

PSD 

SIP 

TAC 

TACB 

TCAA 

TCEQ 

TNRCC 

TR 

~gjm3 

LIST OF ACRONYMS 

Code of Federal Regulations 

United States Environmental Protection Agency 

Federal Clean Air Act 

Federal Register 

National Ambient Air Quality Standards 

New Source Review 

particles with an aerodynamic diameter less than or equal to a riominal2.5 

micrometers 

Prevention of Significant Deterioration 

state implementation plan 

Texas Administrative Code 

Texas Air Control Board 

Texas Clean Air Act 

Texas Commission on Environmental Quality (commission) 

Texas Natural Resource Conservation Commission 

Texas Register 

micrograms per cubic meter 

v 
SECTION V-A: LEGALAUfHORI1Y 

A. General 

The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, 

maintain, and enforce the National Ambient Air Quality Standards (NAAQS) and to control the 

quality of the state's air, including maintaining adequate visibility. 

The first air pollution control act, known as the Clean Air Act of Texas, was passed by the 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 of the 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 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 (1NRCC). With the creation of the 1NRCC, the authority over air 

quality is found in both the Texas Water Code and the TCAA. Specifically, the authority of the 

1NRCC is found in Chapters 5 and 7. Chapter 5, Subclmpters A- F, H- J, and L, include the 

general provisions, organization, and general powers and duties of the TNRCC, and the 

responsibilities and authority of the executive director. Chapter 5 also authorizes the 1NRCC to 

implement action when emergency conditions arise and to conduct hearings. Chapter 7 gives the 

TNRCC enforcement authority. In 2001, the 77th Texas Legislature continued the existence of 

the 1NRCC until September 1, 2013, and cllanged the name of the TNRCC to the TCEQ. In 

2009, the 81st Texas Legislature, during a special session, amended section 5. 014 of the Texas 

Water Code, changing the expiration date of the TCEQ to September 1, 2011, unless continued in 

existence by the Texas Sunset Act. In 2011, the 82nd Texas Legislature continued the existence 

of the TCEQ until2023. 

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in 

the state's air and to control the quality of the state's air by preparing and developing a general, 

comprehensive plan. The TCAA, Subchapters A-D, also authorize the TCEQ to collect 

information to enable the commission to develop an inventory of emissions; to conduct research 

and investigations; to enter property and examine records; to prescribe monitoring 

requirements; to institute enforcement proceedings; to enter into contracts and execute 

instrunlents; to formulate rules; to issue orders taking into consideration factors bearing upon 

health, welfare, social and economic factors, and practicability and reasonableness; to conduct 

hearings; to establish air quality control regions; to encourage cooperation with citizens' groups 

and other agencies and political subdivisions of the state as well as with industries and the 

federal government; and to establish and operate a system of permits for construction or 

modification of facilities. 

Local government authority is found in Subchapter E of the 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 of the TCEQ that affects their 

territorial jurisdiction, may bring 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 of air pollution not inconsistent with the provisions of 

the TCAA and the rules or orders of the commission. 

vi 
Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and 

maintenance programs in certain areas of the state, consistent with the requirements of the 

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 listed below have previously been submitted as part of the 

SIP. 

Statutes 

All sections of each subchapter are included, unless otherwise noted. 

TEXAS HEALTH & SAFETY CODE, Chapter 382 

TEXAS WATER CODE 

Chapter 5: Texas Natural Resource Conservation Commission 

Subcllapter A: General Provisions 

September 1, 2011 

September 1, 2011 

Subchapter B: Organization of the Texas Natural Resource Conservation Commission 

Subcllapter C: Texas Natural Resource Conservation Commission 

Subchapter D: General Powers and Duties of the 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 of Hearings 

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 of the following rules are found in 30 Texas Administrative Code, as of the following latest 

effective dates: 

Chapter 7: Memoranda of Understanding, §§7.110 and 7.119 

December 13, 1996 and May 2, 2002 

Chapter 19: Electronic Reporting 

Chapter 35: Subchapters A-C, K: Emergency and Temporary Orders and 

Permits; Temporary Suspension or Amendment of Permit Conditions 

vii 

March 15, 2007 

July 20, 2006 
Chapter 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: Permits by Rule, Subchapter A May 15, 2011 

Chapter 111: Control of Air Pollution from Visible Emissions and Particulate 

Matter July 19, 2006 

Chapter 112: Control of Air Pollution from Sulfur Compounds July 16, 1997 

Chapter 113: Standards of Performance for Hazardous Air Pollutants and for 

Designated Facilities and Pollutants May 14, 2009 

Chapter 114: Control of Air Pollution from Motor Vehicles August 11, 2011 

Chapter 115: Control of Air Pollution from Volatile Organic Compounds February 17, 2011 

Chapter 116: Permits for New Construction or Modification March 17, 2011 

Chapter 117: Control of Air Pollution from Nitrogen Compounds May 15,2011 

Chapter 118: Control of Air 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 of Economic Incentives, Marketable Permits, and 

Emissions Trading 

viii 

June 3, 2001 
SECTION V-B-1: INFRASTRUCTURE DEMONSTRATION FOR THE 2008 LEAD 

NATIONAL AMBIENT AIR QUALfiY STANDARD 

CHAPTER 1: INTRODUCTION 

1.1 BACKGROUND 

Section 110(a)(1) of the Federal Clean Air Act (FCAA) requires states to submit a state 

implementation plan (SIP) revision to provide for the implementation, maintenance, and 

enforcement of the National Ambient Air Quality Standards (NAAQS). States are required to 

submit the infrastructure portion of this SIP requirement to the United States Environmental 

Protection Agency (EPA) to demonstrate that basic program elements have been addressed 

within three years of the promulgation of any 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 standard of 1.5 f!g/m3 measured as a 

quarterly average. This SIP revision is being submitted to provide an update of the FCAA, 

§110(a)(2) infrastructure requirements for the 2oo8lead NAAQS within three years after the 

promulgation of the revised NAAQS, or by 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 of Federal Regulations Part 52, 

Subpart SS. 

The infrastructure demonstration is an expansion of the Legal Authority section of Texas' SIP 

that provides additional information about how the existing statutes and rules allow Texas to 

meet the §110(a)(2) infrastructure requirements of the FCAA. Therefore, this SIP revision 

contains an expanded infrastructure 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 of the NAAQS. It will, therefore, be updated as 

part of the infrastructure SIP revisions that Texas is required to submit as new or revised 

NAAQS are promulgated, but it will not otherwise be included in other Texas SIP revisions. 

Section A of the Legal Authority contains the basic listing of Texas' legal framework for adopting 

SIP revisions, and will be the default Legal Authority for Texas SIP revisions that are not 

specifically submitted to meet the FCAA, §11o(a)(1) infrastructure demonstration requirement. 

The October 2, 2007, EPA Guidance on SIP Elements Required Under Sections 110(a)(1) and 

(2) for the 1997 8-hour ozone and PM2.s National Ambient Air Quality Standards, and the 

September 25, 2009, Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) 

for the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Standards 

(NAAQS) indicated that if a state determines that its existing SIP is adequate, the state can 

certify via a letter to the 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 comment period as a 

formal SIP revision. The EPA Region 6 staff sent a draft 2008lead NAAQS infrastructure 

guidance document to the TCEQ dated June 21, 2011. This draft guidance indicates that the 

submittal may be a certification in the form of a letter to the EPA from the governor or the 

governor's designee, but that the state must provide reasonable public notice and opportunity 

1-1 
for public hearing on a submittal prior to submission to the EPA This SIP revision meets these 

requirements. Because the new lead NAAQS was promulgated on October 15, 2008, the 

infrastructure SIP submittal for the 2008lead NAAQS is due to the EPA by October 15, 2011. To 

meet this deadline, the TCEQ had to propose this SIP revision by June 2011 to be able to meet 

all federal and state notice requirements. The draft EPA guidance was not available at the time 

the SIP revision was developed, but the TCEQ must adopt this SIP revision despite the lack of 

finalized EPA guidance. 

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 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 at that time. 

1.2 PUBLIC HEARING AND COMMENT INFORMATION 

The commission offered a public hearing for the proposed SIP revision on July 25, 2011, at 

10:00 a.m. at the TCEQ headquarters in Austin. A question and answer session was held 30 

minutes prior to the hearing. The hearing was not officially opened because no party indicated 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, and through the eComments 

(http:/ /WWW5.tceq.state.tx.usjrulesjecomments) system. A comment letter was received from 

the EPA Region 6. A summary of the comments and the TCEQ response is provided as part of 

this SIP revision in the Response to Comments. 

Copies of the proposed SIP revision can be obtained from the TCEO Web site 

(http:/ jwww.tceq.texas.govjairquality/sip/). 

1.3 SOCIAL AND ECONOMIC CONSIDERATIONS 

Because rulemaking is not a part of this SIP revision, there are no changes that would impact 

society or the economy. 

1-4 FISCAL AND MANPOWER RESOURCES 

The TCEQ has determined that its fiscal and manpower resources are adequate and will not be 

adversely affected through the implementation of this plan. 

1.5 COORDINATION WITH WCAL AGENCIES 

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 could be used if enforcement activities are delegated to the TCEQ from the EPA. 

1.6 ORGANIZATIONS RESPONSIBLE FOR DEVEWPMENT, IMPLEMENTATION, 

AND ENFORCEMENT 

The TCEQ is the agency delegated authority by the Texas Legislature regarding the protection of 

air quality in the State of Texas. Other local government entities have limited authority 

regarding air quality matters in the State of Texas. 

1·2 
CHAPTER2:TEXASSTATUTORYAUTHORITY 

The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, 

maintain, and enforce theN ational Ambient Air Quality Standards (NAAQS). Texas' legal 

authority has been submitted to the United States Environmental Protection Agency (EPA) as 

part of various state implementation plan (SIP) revisions that have been approved by the EPA. 

2.1 BACKGROUND 

The first air pollution control act, known as the Clean Air Act of Texas, was passed by the Texas 

Legislature in 1965. In 1967, the Clean Air Act of Texas 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 of the Texas Health and Safety Code. 

Originally, the TCAA stated that the 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 of the TNRCC, the authority over air 

quality is found in both the Texas Water Code and the TCAA. Specifically, the authority of the 

commission is found in Texas Water Code, Chapters 5 and 7· Chapter 5, Subchapters A through 

F, H through J, and L, include the general provisions, organization, and general powers and 

duties of the commission, and the responsibilities and authority of the executive director. 

Chapter 5 also authorizes the commission to implement action when emergency conditions arise 

and to conduct hearings. Chapter 7 gives the commission enforcement authority. In 2001, the 

77th Texas Legislature continued the existence of the commission until September 1, 2013, and 

changed the name of the 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 of the 

TCEQ to September 1, 2011, unless continued in existence by the Texas Sunset Act. In 2011, the 

'82nd Texas Legislature continued the existence of the TCEQ until2023. 

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in 

the state's air and to control the quality of the state's air by preparing and developing a general, 

comprehensive plan. The TCAA, Subchapters A through D, also authorize the TCEQ to collect 

information to enable the commission to develop an inventory of emissions; 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 of the state as well as with industries and the federal government; and establish 

and operate a system of permits for construction or modification of facilities. 

Local government authority concerning air quality matters is found in Subchapter E of the 

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 of the TCEQ that affects their territorial jurisdiction, may bring 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 of air 

pollution consistent with the provisions of the TCAA or the rules or orders of the commission. 

2-1 
Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and 

maintenance programs in certain areas of the state, consistent with the requirements of the 

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; and fund and authorize participating counties to implement vehicle repair 

assistance, retrofit and accelerated vehicle retirement programs. 

2.2 STATUTORY AliTHORTIY 

The following statutory authority allows for the establishment and operation of the TCEQ and 

the adoption and implementation of all FCAA, §uo(a)(2) requirements. 

Texas Clean Air Act, 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 OF THE COMMISSION; APPOINTMENT 

ELIGIBILTIY FOR MEMBERSHIP 

REMOVAL OF COMMISSION MEMBERS 

CONFLICT OF INTEREST 

LOBBYIST PROHIBffiON 

SCOPE OF SUBCHAPTER 

GENERAL POWERS 

RULES 

MEMORANDA OF UNDERSTANDING 

GENERAL POLICY 

BUDGET APPROVAL 

ADVISORY COMMITTEES, WORK GROUPS, AND TASK FORCES 

PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE OF 

APPLICATION 

MANDATORY ENFORCEMENT HEARING 

CONSERVATION AND QUALTIY OF ENVIRONMENT 

ACTIONS IN MEXICO 

ELECTRONIC POSTING OF INFORMATION 

ADMINISTRATIVE ORGANIZATION OF COMMISSION 

ENFORCEMENT 

GIFTS AND GRANTS 

APPLICATIONS AND OTHER DOCUMENTS 

OPERATING FUND 

EMERGENCY AND TEMPORARY ORDER OR PERMIT; TEMPORARY 

SUSPENSION OR AMENDMENT OF PERMIT CONDITION 

APPLICATION FOR EMERGENCY OR TEMPORARY ORDER 

ORDERISSUEDUNDERAIREMERGENCY 

EMERGENCY ORDER BECAUSE OF CATASTROPHE 

FEES 

PAYMENT OF FEES REQUIRED WHEN DUE 

FEE ADJUSTMENTS 

NOTICE OF CHANGE IN PAYMENT PROCEDURE 

NOTICE OF VIOLATION 

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 AIR ACT 

F AlLURE TO 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 OF AIR CONTAMINANT AND 

ENDANGERMENT 

INTENTIONAL OR KNOWING EMISSION OF AIR CONTAMINANT 

AND KNOWING ENDANGERMENT 

SEPARATE OFFENSES 

PENALTIES 

GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT 

2-3 
CHAPTER3: TEXAS REGUlATORY AUTHORI1Y 

3.1 REGUlATORY AUTHORI1Y 

The Texas Commission on Environmental Quality (TCEQ) has promulgated rules implementing 

statutory authority to meet the requirements of both 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 of emissions rights), as well as 

schedules and timetables for compliance, as may be necessary or 

appropriate to meet the applicable requirements of this 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 of emissions, 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 of 30 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 of Understanding 

General Air Quality Rules 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Poll uti on from Visible Emissions and Particulate Matter 

Control of Air Pollution from Sulfur Compounds 

Standards of Performance for Hazardous Air Pollutants and for Designated 

Facilities and Pollutants 

Control of Air Pollution from Motor Vehicles 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

Control of Air Pollution Episodes 

3.1.2 FCAA, §no(a)(2)(B) 

Federal Requirement 

(B) provide for establishment and operation of appropriate 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 network of air quality monitors to collect air emissions data that is 

reported to the EPA on a regular basis. Texas submits annual monitoring plans to the EPA that 

3-1 
describe how the state has complied with monitoring requirements and explains any proposed 

changes. 

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 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution from Visible Emissions and Particulate Matter 

Control of Air Pollution from Sulfur Compounds 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

3.1.3 FCAA, §11o(a)(2)(C) 

Federal Requirement 

(C) include a program to provide for the enforcement of the measures 

described in subparagraph (A), and regulation of the modification and 

construction of any stationary source within the areas covered by the plan 

as necessary to assure that national ambient air quality standards are 

achieved, including a permit program as required in parts C and D of this 

subchapter; 

Texas Requirement 

The TCEQ has established rules governing the enforcement of control measures, including 

attainment plans and permitting programs that regulate construction and modification of 

stationary sources.' 

The following chapters of 30 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 and Temporary Orders and Permits; Temporary Suspension or 

Amendment of Permit Conditions; Subcltapters A, B, C, K 

Public Notice 

Requests for Reconsideration and Contested Case Hearings; Public Notice 

General Air Quality Rules 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution from Sulfur Compounds 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

'Texas has permitting rules for Prevention of Significant Deterioration (PSD), as required by the FCAA. 

The EPA has recently promulgated regulations for the permitting of greenhouse 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 of facilities 

that emit criteria pollutants. Greenhouse gases are not criteria pollutants, with NAAQS that must be met, 

and therefore a lack of permitting requirements in Texas rules for greenhouse gas emissions does not 

constitute a lack in the required infrastructure elements ofFCAA, §no(a)(2). 

3-2 
3.1.4 FCAA, §no(a)(2)(D) 

Federal Requirement 

(D) contain adequate provisions (i) prohibiting, consistent with the provisions 

of this subchapter, any source or other type of emissions 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 required to be included in the applicable implementation plan 

for any other State under part C of this subchapter to prevent significant 

deterioration of air quality or to protect visibility,(ii) insuring compliance 

with the applicable requirements of sections 7426 [126] and 7415 [115] of 

this title (relating to interstate and international pollution abatement); 

Texas Requirement 

Texas submitted a separate SIP revision to meet the requirements ofFCAA, §11o(a)(2)(D), 

relating to the interstate transport oflead under the 2008lead NAAQS. That SIP revision 

references existing control strategies as well as dispersion modeling of major lead sources in 

Texas. Additionally, the revision verifies 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 National Ambient Air 

Quality Standard (Project Number 2011-005-SIP-NR) was proposed on April6, 2011, and was 

adopted on August 17, 2011. 

Texas has a SIP-approved PSD and nonattainment NSR permitting program that contains 

requirements for sources of air pollutants to obtain an approved permit before beginning 

construction of a facility and before modifying an existing facility (see requirements for FCAA, 

§11o(a)(2)(C) previously listed). 

The following chapter of 30 TAC contains rules relevant for this federal requirement: 

Chap. 101 General Air Quality Rules 

3.1.5 FCAA, §no(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 or governments, or a regional agency designated by the State 

or general purpose local governments for such purpose) will have 

adequate personnel, funding, imd authority under State (and, as 

appropriate, local) law to carry out such implementation plan (and is not 

prohibited by any provision of Federal or State law from carrying out such 

implementation plan or portion thereof), (ii) requirements that the State 

comply with the requirements respecting State boards under section 7428 

[128] of this title, and (iii) necessary assurances that, where the State has 

relied on a local or regional government, agency, or instrumentality for 

the implementation of any plan provision, the State has responsibility for 

ensuring adequate implementation of such plan provision; 

Texas Requirement 

3-3 
The TCEQ has consistently included assurances in SIP revisions that the state has adequate 

personnel, funding, and authority under state law to carry out the SIP. The TCEQ has various 

Memoranda of Understanding and Memoranda of Agreement with other state and local 

agencies. Local governments have their own responsibilities and privileges regarding the 

protection of air quality as established by the Texas legislature. 

The TCEQ relies on the complete statutory and regulatory authority as referenced throughout 

this document. This statutory authority ensures that Texas can meet the requirements of this 

section, including the requirements of section 7428 [128] of the FCAA. 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 may be prescribed by the Administrator (i) the installation, 

maintenance, and replacement of equipment, and implementation of 

other necessary steps, by owners or operators of stationary sources to 

monitor emissions from suc!I sources, (ii) periodic reports on the nature 

and amounts of emissions and emissions-related data from such sources, 

and (iii) correlation of such reports by the State agency with any emission 

limitations or standards established pursuant to this chapter, which 

reports shall be available at reasonable times for public inspection; 

Texas Requirement 

The TCEQ requires monitoring for air pollutants as part of its 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 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution from Visible Emissions and Particulate Matter 

Control of Air Pollution from Sulfur Compounds 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

3.1.7 FCAA, §uo(a){2)(G) 

Federal Requirement 

(G) provide for authority comparable to that in section 7603 [303] of this title 

and adequate contingency plans 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. 

3-4 
The following chapters of 30 TAC contain rules relevant for this federal requirement: 

Chap.35 Emergency and Temporary Orders and Permits; Temporary Suspension or 

Amendment of Permit Conditions; Subchapters A, B, C, K 

Chap. uS Control of Air Pollution Episodes 

3.1.8 FCAA, §uo(a)(2)(H) 

Federal Requirement 

(H) provide for revision of such plan (i) from time to time as may be necessary 

to take account of revisions of such national primary or secondary 

ambient air quality standard or the availability of improved or more 

expeditious methods of attaining such standard, and (ii) except as 

provided in paragraph (3)(C), whenever the Administrator finds on the 

basis of information available to the Administrator that the plan is 

substantially inadequate to attain the national ambient air quality 

standard which it implements or to otherwise comply with 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 FCAA, §11o(a)(2)(A) above. 

3.1.9 FCAA, §uo(a)(2)(I) 

Federal Requirement 

(I) in the case of a plan or plan revision for an area designated as a 

nonattainment area, meet the applicable requirements of part D of this 

subchapter (relating to nonattainment areas); 

Texas Requirement 

SIP revisions that implement the control strategies necessary to bring a nonattainment area into 

attainment of the NAAQS are not required by the FCAA to be submitted within three years of the 

promulgation of new or revised NAAQS. Therefore, FCAA, §no(a)(1) does not require this 

element to be demonstrated as part of an infrastructure SIP submittal. (See 73 FR 16205, at 

16206) Texas is in the process of developing an attainment demonstration SIP revision for the 

single area of the state that has been designated nonattainment for the 2008 lead NAAQS. The 

attainment demonstration will be submitted to the EPA by June 30, 2012, after undergoing the 

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

the area into attainment of the 2008lead NAAQS no later than the attainment date of December 

31, 2015. 

3.1.10 FCAA, §uo(a)(2)(J) 

Federal Requirement 

(J) meet the applicable requirements of section 7421 [121] of this title 

(relating to consultation), section 7427 [127] of this title (relating to public 

notification), and part C of this subc!Iapter (relating to prevention of 

significant deterioration and visibility protection); 

Texas Requirement 

3-5 
The TCEQ has an established public participation process for all SIP revisions and permitting 

programs. The EPA has proposed limited approval/limited disapproval of the rules regarding 

public participation for air quality NSR permits? Texas has withdrawn from EPA consideration 

most of the rules that were the subject of the proposed limited approval/limited disapproval, 

and has submitted new and revised public participation 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 approval/limited disapproval of the SIP revisions 

relating to public participation because those revisions are no longer before 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 of other states 

regarding air quality concerns. All major sources in Texas are subject to Texas' SIP-approved 

PSD program. Texas submitted a SIP revision to address Regional Haze, including a long-term 

strategy to address visibility impairment for each Class I area that may be impacted by 

emissions from Texas facilities. 

The following chapters of 30 TAC contain rules relevant for this federal requirement: 

Chap.? 

Chap. 35 

Memoranda of Understanding 

Emergency and Temporary Orders and Permits; Temporary Suspension or 

Amendment of Permit Conditions; Subchapters Hand K 

Chap.101 General Air Quality Rules 

Chap.116 Control of Air Pollution for New Construction or Modification 

3.1.11 FCAA, §uo(a)(2)(K) 

Federal Requirement 

(K) provide for (i) the performance of such air quality modeling as the 

Administrator may prescribe for the purpose of predicting the effect on 

ambient air quality of any emissions of any air pollutant for which the 

Administrator has established a national ambient air quality standard, 

and (ii) the submission, upon request, of data related to such air quality 

modeling to the Administrator; 

Texas Requirement 

Air quality modeling is conducted during development of revisions to the Texas SIP, as 

appropriate for the state to demonstrate attainment with required NAAQS. Modeling is also a 

part of the NSR permitting program. 

The following chapter of 30 TAC contains rules relevant for this federal requirement: 

Chap. 116 Control of Air Pollution for New Construction or Modification 

3.1.12 FCAA, §no(a)(2)(L) 

Federal Requirement 

2 Approval and Promulgation of Implementation 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). 

3 The 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 of each major stationary source to pay to 

the permitting authority, as a condition of any permit required under this 

chapter, a fee sufficient to cover (i) the reasonable costs of reviewing and 

acting upon any application for such a permit, and (ii) if the owner or 

operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit 

(not including any court costs or other costs associated with any 

enforcement action), until fee requirement is superseded with respect to 

such sources by the Administrator's approval of a fee program under 

subchapter V of this chapter; 

Texas Requirement 

The TCEQ assesses fees for reviewing permit applications and for enforcing the terms and 

conditions of permits. 

The following chapters of 30 TAC contain rules relevant for this federal requirement: 

Payment of Fees 

General Air Quality Rules 

Chap.12 

Chap.101 

Chap.106 

Chap.u6 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution by Permits for New Construction or Modification 

3.1.13 FCAA, §11o(a)(2)(M) 

Federal Requirement 

(M) provide for consultation and participation by local political subdivisions 

affected by the plan. 

Texas Requirement 

The TCEQ has several cooperative agreements and Memoranda of Understanding with various 

other state and local agencies and organizations. Consultation with a variety of different 

organizations is a regular part of the TCEQ's process of developing SIP revisions. 

3.2 CONCLUSION 

The foregoing demonstrates that Texas has the necessary regulatory and statutory authority to 

meet the infrastructure requirements of FCAA, §uo(a)(l) and (2) for the 2oo8lead NAAQS. 

3-7 
THE 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 

ORDER ADOPTING 

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 of revisions to the state implementation plan 

(SIP). The Commission adopted a SIP revision demonstrating how the infrastructure 

elements listed in Federal Clean Air Act (FCAA), §no(a)(2) are currently addressed in the 

Texas SIP for the 2008 Lead National Ambient Air Quality Standard. The SIP revision 

outlines the requirements of FCAA, §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, and fee collection. Under Tex. Health & Safety Code Ann. §§ 382.on, 382.012, 

and 382.023 (Vernon 2008), the Commission has the authority to control the quality of the 

state's air and to issue orders consistent Vvith the policies and purposes of the Texas Clean Air 

Act, Chapter 382 of the Tex. Health & Safety Code. Notice of the proposed SIP re\ision was 

published for comment in the July 8, 20ll, issue of the Texas Register (36 TR 4449). 

Pursuant to 40 Code of Federal 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 at least 30 days prior to the date of 

the hearing. A public hearing was scheduled in Austin on July 25, 20ll. 

The Commission circulated hearing notices of its intended action to the public, 

including interested persons, the Regional Administrator of the 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 scheduled hearing, copies of the proposed SIP 

re>isions were available for public inspection at the Commission's central office and on the 

Commission's Web site. 

Data, \iews, and recommendations of interested persons regarding the proposed SIP 

re,isions were submitted to the Commission during the comment period, and were 

considered by the Commission as reflected in the analysis of testimony incorporated by 

reference to this Order. The Commission finds that the analysis of testimony includes the 

names of all interested groups or associations offering comment on the proposed SIP 

re,isions and their position concerning the same. 
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,,;.:~ ~.~··:;~" J!1:.S;;J;'~f~~~(j~f¥~~y THE COMMISSION that the 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'rtlted of:i'ereferlcetn l:l:h~: tlrder as 1fset forth at length verbatim m this Order. 

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... , ··- .... iTI'if:FuR.~JiERjf)~ID;i;\OTHE COMMISSION that on behalf ofthe Commission, 

the Glhanman·slrortlll ~lf'cclPj"df this Order, together with the adopted revisions to the 

SIP, to the Regional Administrator of EPA as a proposed revision to the Texas SIP pursuant to 

the Federal Clean Air Act, codified at 42 U.S. Code Ann. §§ 7401, 7671q, as amended. 

If any portion of this Order is for any reason held to be invalid by a court of competent 

jurisdiction, the invalidity of any portion shall not affect the validity of the remaining 

portions. 

Date issued: OCT 1 O 2011 

TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY