Buddy Garcia, Chairman 

Larry R. Soward, Commissioner 

Bryan W. Shaw, PbD., Commissioner 

Glenn Shankle, Executive Director 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Reducing and Preventing Pollution 

April 4, 2008 

Richard E. Greene, Regional Administrator 

U.S. Environmental Protection Agency -- Region 6 

1445 Ross Avenue, Suite 1200 

Dallas, Texas 75202-2733 

Dear Mayor Greene: 

In response to the guidance issued by the United States Environmental Protection Agency (EPA) 

on October 2, 2007, "Guidance on State Implementation Plan (SIP) Elements Required Under 

110(a)(l) and (2) for the 1997 Eight-Hour Ozone and PM2.5 National Ambient Air Quality 

Standard," the EPA has requested that states certify that existing SIPS contain infrastructure 

provisions that address the requirements of the eight-hour and PM2.5 National Ambient Air 

Quality Standards. At the request of EPA Region 6 staff, the Texas Commission on 

Environmental Quality (TCEQ) submitted a letter to EPA Region 6 on December 12, 2007, 

regarding eight-hour ozone SIP revisions. In late Decembei-, the EPA requested additional 

information regarding the infrastructure elements of 1 10(a)(l) and (2). 

Based on the supporting documentation enclosed with this letter, Texas has addressed any 

potential idrastructure issue associated with ozone and PM2.5 and fulfilled its idrastructure SIP 

obligations. If you have any questions or would like any additional information, please contact , 

David C. Schanbacher, P.E., Chief Engineer, at (512) 239-1228 or Stephanie Bergeron Perdue, 

Deputy Director, at (5 12) 239-061 5. 

Sincerely, 

Buddy Garcia 1 

Chairman 

Enclosure 

cc: Carl Edlund, EPA Region 6 

Thomas Diggs, EPA Region 6 

Guy Donaldson, EPA Region 6 

Carl Young, EPA Region 6 

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

printed on recycled paper using soy-based ink 
State Implementation Plan (SIP) Infrastructure Requirements of 

Federal Clean Air Act (FCAA) 5 llO(a)(2) 

5 110(a)(2) of the Clean Air Act provides requirements for all state implementation plans 

regarding the national ambient air quality standards (NAAQS) for ozone' and particulate 

rnatter..Qn the following pages each subparagraph of $1 10(a)(2) fiom (A) through (M) is 

listed, with various provisions supporting the requirements. The federally enforceable 

State Implementation Plan (SIP) for Texas is documented at 40 Code of Federal 

Regulations (CFR) Part 52, Subpart SS. 

Texas Statutory Authority 

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

implement, maintain and enforce the NAAQS. Texas' legal authority has been submitted 

to the EPA as part of various SIP revisions and approved by the EPA. 

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, 197 1, 1973, 

1979, 1985, 1987,1989, 1991, 1993, 1995, 1997, 1999,2001,2003,2005, and 2007. In 

1989, the TCAA was codified as Chapter 382 of the Texas Health & 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 commission is found in Texas Water Code 

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 commission, and the 

responsibilities and authority of the Executive Director. This Chapter 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 77t" 

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

and changed the name of the TNRCC to the Texas Commission on Environmental 

Quality (TCEQ). 

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; 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 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 or the rules or orders of the Commission. 

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. 

STATUTORY AUTHORITY 

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

and the adoption and implementation of all 5 110(a)(2) requirements. 

Texas Clean Air Act, Tex. Health & Safety Code, Chapter 382, except Subchapter I. 

Texas Water Code: 

5 5.0 13(a)(11) & (13) GENERAL JURISDICTION OF COMMISSION 

5 5.051. COMMISSION 

5.052. MEMBERS OF THE COMMISSION; APPOINTMENT 

5 5.053. ELIGIBILITY FOR MEMBERSHIP 

5 5.054. REMOVAL OF COMMISSION MEMBERS 

5 5.059. CONFLICT OF INTEREST 

5 5.060. LOBBYIST PROHIBITION 

5 5.101 SCOPE OF SUBCHAPTER 

5 5.102 GENERAL POWERS 

5 5.103 RULES 

5 5.104. MEMORANDA OF UNDERSTANDING 

5 5.105 GENERAL POLICY 

5.106 BUDGET APPROVAL 

5 5.107 ADVISORY COMMITTEES, WORK GROUPS, AND 

TASK FORCES 

5 5.117 MANDATORY ENFORCEMENT HEARING 
CONSERVATION AND QUALITY OF ENVIRONMENT 

ACTIONS IN MEXICO 

ELECTRONIC POSTING OF INFORMATION 

ADMINISTRATIVE ORGANIZATION OF 

COMMISSION 

ENFORCEMENT 

GIFTS AND GRANTS 

OPERATING FUND 

EMERGENCY AND TEMPORARY ORDER OR 

PERMIT; TEMPORARY SUSPENSION OR 

AMENDMENT OF PERMIT CONDITION 

APPLICATION 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 AUTHORITY 

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 

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 
5 7.186 SEPARATE OFFENSES 

5 7.187 PENALTIES 

5 7.302 GROUNDS FOR REVOCATION OR SUSPENSION OF 

PERMIT 

REGULATORY AUTHORITY 

The TCEQ has promulgated rules implementing statutory authority to meet the 

requirements of both the Federal Clean Air Act and the Texas Clean Air Act. These rules 

were submitted to EPA in various SIP revisions and have been approved in the Federal 

Register, or are pending EPA review. Rules that are relevant for each 5 110(a)(2) 

requirement are noted below. 

§ 1 1 O(a) (2) (A) EPA Requirement: 

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. 

Texas requirement: 

The TCEQ has promulgated rules to implement and enforce the 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 the nonattainment areas, and areas that may become 

nonattainrnent for ozone. 

Tlie following chapters of Title 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 Pollution fiom Visible Emissions and Particulate 

Matter 

Control of Air Pollution fiom Sulfur Compounds 

Standards of Performance for Hazardous Air Pollutants and for 

Designated Facilities and Pollutants 

Control of Air Pollution fiom Motor Vehicles 

Control of Air Pollution fiom 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 
§llO(a)(2)(B) 

EPA Requirement: 

Provide for establishment and operation of devices, methods, systems, and procedures to: 

(i) monitor, compile, and analyze data on ambient air quality, and (ii) make such data 

available to EPA. 

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. 

The following chapters of Title 30, Texas Administrative Code (TAC), contain rules 

relevant for this federal requirement: 

Chap. 101 General Air Quality Rules 

Chap. 106 Permits by Rule, Subchapter A, General Requirements 

Chap. 11 1 Control of Air Pollution fi-om Visible Emissions and Particulate 

Matter 

Chap. 112. Control of Air Pollution fi-om Sulfur Compounds 

Chap. 115 Control of Air Pollution fi-om Volatile Organic Compounds 

Chap. 116 Control of Air Pollution by Permits for New Construction or, 

Modification 

Chap. 117 Control of Air Pollution fi-om Nitrogen Compounds 

8 1 1 O(aI(2) (C) 

EPA Requirement: 

Include a program to provide for enforcement of measures in 5 110(a)(2)(A), and 

regulation of the modification and construction of any stationary source within the areas 

covered by the plan as necessary to assure that NAAQS are achieved, including a permit 

program as required in parts C and D. 

Texas requirement: 

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 Title 30, Texas Administrative Code (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, C9 

Chap. I01 General Air Quality Rules 

Chap. 106 Pennits by Rule, Subchapter A, General Requirements 

Chap. 112 Control of Air Pollution fiom Sulfur Compounds 
Chap. 11 5 Control of Air Pollution from Volatile Organic Compounds 

Chap. 116 Control of Air Pollution by Permits for New Construction or 

Modification 

Chap. 1 17 Control of Air Pollution from Nitrogen Compounds 

§ 1 1 0(a) (2) (D) 

EPA Requirement: 

(i) Contain adequate provisions prohibiting any source or other type of emissions 

activity 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. 

(11) interfere wit11 measures required to be included in the applicable 

implementation plan for any other State under part C to prevent significant 

deterioration of air quality or to protect visibility. 

(ii) Insure compliance with the applicable requirements of $5 126' and 115~ 

(interstate and international pollution abatement). 

Texas requirement: 

Texas is included in the Clean Air Interstate Rule (CAIR) for PM2.5, but not for Ozone, 

and has submitted to the EPA a SIP revision to implement CAIR. The TCEQ is currently 

1 $126 (a) Each plan shall (1) require each major proposed new or modified source (A) subject to Part C or @) which 

may significantly contribute to pollution in excess of the NAAQS in any AQCR outside the State in which such source 

intends to locate or modify, to provide written notice to all nearby States the pollution levels of which may be affected 

by such source GO days prior to the date on which commencement of construction is to be permitted by the State, and 

(2) identify all major existing stationary sources which may have the impact described in (1) with respect to new or 

modified sources and provide notice to all nearby States of the identity of such sources. (b) Any State may petition 

EPA for a finding that any major source or group of stationary sources emits or would emit any pollutant in violation of 

the prohibition of $ 1 lO(a)(2)@)(ii) or this section. (c) Notwithstanding any permit which may have been granted by 

the State, it shall be a violation of this section and the plan - (1) for any major proposed new or modified source with 

respect to which a finding has been made under subsection (b) to be constructed or to operate in violation of this 

section and the prohibition of 8 I lO(a)(2)(D)(ii) or this section, or (2) for any major existing source to operate more 

than 3 months after such finding has been made. EPA may permit the continued operation of a source.beyond the 

expiration of the 3-month period if the source complies with the emission limitations and compliance schedules as may 

be provided by EPA to bring about compliance with the requirements of $ I lO(a)(2)(D)(ii). Nothing shall be construed 

to preclude any such source from being eligible for an enforcement order under 8 113(d) after the expiration of such 

period during which EPA has permitted continuous operation. 

2 115 (a) Whenever EPA, upon receipt of reports, surveys or studies from any duly constituted international agency 

has reason to believe that any pollutants emitted in the US cause or contribute to pollution which may reasonably be 

anticipated to endanger public health or welfare in a foreign country or whenever the Secretary of State requests it to do 

so, EPA shall give formal notification to the Governor of the State in which such emissions originate. (b) The EPA 

notice shall be deemed to be a finding under 8 1 IO(a)(2)(H)(ii) which requires a plan revision with respect to so much 

of the applicable plan as is inadequate to prevent or eliminate the endangerment. Any foreign country so affected by 

such emission of pollutants shall be invited to appear at any public hearing associated with any revision of the 

appropriate portion of the applicable plan. (c) This section shall apply only to a foreign country which EPA determines 

has given the US the same rights with respect to the prevention or control of air pollution occurring in that country. (d) 

Recommendations issued following any abatement conference conducted prior to CAA 1977 shall remain in effect with 

respect to any pollutant for which no NAAQS has been established under 8 109 unless EPA, after consultation with all 

agencies, which were party to the conference, rescinds any such recommendation. 
in the process of revising the CAR SIP and rule to account for federal rule revisions and 

state legislative changes. Additionally, since Texas was not included in the CAR for 

ozone, the TCEQ is preparing a SIP revision relating to Transport in compliance with 

EPAYs Finding of Failure to Submit. 

The following chapters of Title 30, Texas Administrative Code (TAC), contain rules 

relevant for this federal requirement: 

Chap. 1 0 1 General Air Quality Rules 

Chap. 122 Subchapter E, Division 2, Clean Air Interstate Rule 

Chap. 122 Subchapter E, Division 3, Clean Air Mercury Rule 

§llO(a)(2)(E) 

EPA Requirement: 

Provide: 

(i) necessary assurances that the State will have adequate personnel, fimding, and 

authority under State law to carry out such implementation plan (and is not 

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

(ii) Requirements that the State comply with the requirements respecting State 

boards under 8 128.~ 

(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 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 following chapters of Title 30, Texas Administrative Code (TAC), contain rules 

relevant for this federal requirement: 

Chap. 7 Memoranda of Understanding 

Chap. 1 0 1 General Air Quality Rules 

Chap. 106 Permits by Rule, Subchapter A, General Requirements 

3 8 128 (a) each plan shall contain requirements that - (1) any board or body which approves permits or enforcement 

orders shall have at least a majority of members who represent the public interest and do not derive any significant 

portion of their income from persons subject to permits or enforcement orders, and (2) any potential conflicts of interest 

by members of such board or body or the head of an executive agency with similar powers be disclosed. A State may 

adopt any requirements respecting conflicts of interest for such boards or bodies or heads of executive agencies, or any 

other entities which are more stringent than the requirements of (1) and (2). 
Chap. 116 Control of Air Pollution by Perinits for New Construction or 

Modification 

§110(a)(2)(F) 

EPA Requirement: 

Require, as may be prescribed by EPA: 

(i) installation, maintenance, and replacement of equipment, and implementation 

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

emissions. 

(ii) Periodic reports on the nature and amounts of emissions and emissions-related 

data. 

(iii) Correlation of such reports by the State agency with any emission limitations 

or standards established pursuant to CAA, which reports shall be available at 

reasonable times for public inspection. 

Texas requirement: 

The TCEQ requires monitoring for air pollutants as part of its new source review 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 attainment demonstration plans. Emission data is 

available at reasonable times for public inspection, with some information also available 

on the agency web site. 

The following chapters of Title 30, Texas Administrative Code (TAC), contain rules 

relevant for this federal requirement: 

Chap. 101 General Air Quality Rules 

Chap. 106 Permits by Rule, Subchapter A, General Requirements 

Chap. 11 1 Control of Air Pollution fiom Visible Emissions and Particulate 

Matter 

Chap. 112 Control of Air Pollution fiom Sulfur Compounds 

Chap. 115 Control of Air Pollution fiom Volatile Organic Compounds 

Chap. 116 Control of Air Pollution by Permits for New Construction or 

Modification 

Chap. 117 Control of Air Pollution fiom Nitrogen Compounds 
§110(a)(2)(G) 

EPA Requirement: 

Provide for authority comparable to that in 8 303~ 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 commission's internet web site at 

http://www.tceq.state.tx.us/compliance/monitorin/air/monops/forecast today.htm1. 

Local weather forecasts regularly warn the public about poor air quality days, including 

ozone alerts in all major metropolitan areas. 

The following chapters of Title 30, Texas Administrative Code (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, 

BY CY K 

Chap. 1 18 Control of Air Pollution Episodes 

§ 1 lO(aI(2) (H) 

EPA Requirement: 

Provide for revision of such plan: 

(i) from time to time as 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. 

(ii) except as provided in (3)(C), whenever EPA finds on the basis of information 

available to EPA that the plan is substantially inadequate to attain the NAAQS 

which it implements or to otherwise comply with any additional CAA 

requirements. 

4 $ 303. Notwithstanding any other CAA provisions, EPA upon receipt of evidence that a pollution source or 

combination of sources (including moving sources) is presenting an imminent and substantial endangerment to public 

health or welfare, or the environment, may bring suit on behalf of the US in district court to immediately restrain any 

person causing or contributing to the alleged pollution to stop the emission of pollutants causing or contributing to such 

pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of public 

health or welfare or the environment by commencement of such a civil action, EPA may issue such orders as may be 

necessary to protect public health or welfare or the environment. Prior to taking any action, EPA shall consult with 

appropriate State and local authorities and attempt to confirm the accuracy of the information on which the proposed 

action is based. Any order issued by EPA shall be effective upon issuance and shall remain in effect for a period of not 

more than 60 days, unless EPA brings an action pursuant to the first sentence of this section before the expiration of 

that period. Whenever EPA brings such an action within the 60-day period, such order shall remain in effect for an 

additional 14 days or longer as authorized by the court. 
Texas requirement: 

Texas regularly revises its SIP in response to revisions in the NAAQS and EPA rules. See 

9 110(a)(2)(A), above. 

5 1 1 069 (2) (J) 

EPA Requirement: 

Meet applicable requirements of 5 1215 (consultation); 

Meet applicable requirements of 5 127~ (public notification); 

Meet applicable requirements of Part C (PSD and visibility protection). 

Texas requirement: 

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

programs. 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 is currently preparing 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 fi-om Texas facilities. 

The following chapters of Title 30. Texas Administrative Code (TAC). contain rules 

relevant for this federal requirement: 

Chap. 7 Memoranda of Understanding 

Chap. 35 Emergency and Temporary Orders and Permits; Temporary 

Suspension or Amendment of Permit Conditions; Subchapters H & K 

Chap. 101 General Air Quality Rules 

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

5 Q 121. In carrying out requirements for plans to contain - (1) any transportation controls, air quality maintenance plan 

requirements or preconstruction review of direct sources of pollution, or (2) any measure referred to - (A) in part D), or 

(B) in part C, and in carrying out the requirements of 8 113(d), the State shall provide a satisfactory process of 

consultation with general purpose local governments, designated organizations of elected officials of local governments 

and any FLM having authority over Federal land to which the State plan applies. Such process shall be in accordance 

with regulations promulgated by EPA. Only a general purpose unit of local government, regional agency, or council of 

governments adversely affected by action of EPA approving any portion of a plan may petition for judicial review. 

6 8 127. (a) Each plan shall contain measures to regularly notify the public of when any NAAQS is exceeded or was 

exceeded during the preceding year, to advise the public of health hazards associated with such pollution, and to 

enhance awareness of measures which can be taken to prevent the standards from being exceeded and ways in which 

the public can participate in regulatory and other efforts to improve air quality. 
§ 1 1 O(a) (2) (K) 

EPA Requirement: 

(i) Provide for performance of air quality modeling as EPA may prescribe for 

the purpose of predicting the effect on ambient air quality of any 

emissions of any air pollutant for which EPA has established a NAAQS. 

(ii) Provide for the submission, upon request, of data related to such air 

quality modeling to EPA. 

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 air quality standards. 

Modeling is also a part of the new source review permitting program. 

The following chapters of Title 30, Texas Administrative Code (TAC), contain rules 

relevant for this federal requirement: 

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

§110(a)(2)(L) 

EPA Requirement: 

Require owner of a major stationary source to pay, as a condition of any pennit required 

under CAA, a fee sufficient to cover: (i) reasonable cost of reviewing and acting upon 

any permit application, and (ii) if the owner receives a permit, the reasonable costs of 

implementing and enforcing the terms and conditions of the permit (not including cow 

costs or costs associated with enforcement), until fee requirement is superseded by EPA 

approval of a Title V fee program. 

Texas requirement: 

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

conditions of permits. 

The following chapters of Title 30, Texas Administrative Code (TAC), contain rules 

relevant for this federal requirement: 

Chap. 12 Payment of Fees 

Chap. 101 General Air Quality Rules 

Chap. 106 Permits by Rule, Subchapter A, General Requirements 

Chap. 116 Control of Air Pollution by Permits for New Construction 

or Modification 
EPA Requirement: 

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 TCEQ's process of developing SIP revisions.