TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

AGENDA ITEM REQUEST

for State Implementation Plan Revision Adoption

AGENDA REQUESTED: December 5, 2012

DATE OF REQUEST: November 16, 2012

INDIVIDUAL TO CONTACT REGARDING CHANGES TO THIS 

REQUEST, IF NEEDED: Joyce Spencer-Nelson, (512) 239-5017

CAPTION: Docket No. 2012-1087-SIP. Consideration of the adoption 

of the Federal Clean Air Act (FCAA), Section 110(a)(1) and (2) 

Infrastructure and Transport State Implementation Plan (SIP) Revision for 

the 2008 Ozone National Ambient Air Quality Standards.

The adopted SIP revision outlines the requirements of FCAA, Section 

110(a)(2)(A) through (M) and the Texas provisions supporting the 

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,

personnel, and authority under state law to carry out the plan, emissions 

reporting, emergency powers, public participation, and fee collection. This 

SIP revision also includes a technical demonstration to support that Texas 

meets the interstate transport requirements of FCAA, Section 

110(a)(2)(D)(i)(I). (Shelley Naik, Amy Browning) (Non-Rule Project No. 

2012-004-SIP-NR)

Jayme Sadlier for Steve Hagle, P.E.

Deputy Director

Joyce Spencer-Nelson

Agenda Coordinator

Kim Herndon for David Brymer

Division Director

Copy to CCC Secretary? NO
Texas Commission on Environmental Quality

Interoffice Memorandum

To:

Thru:

From:

Docket No.:

Commissioners

Bridget C. Bohac, Chief Clerk

Zak Covar, Executive Director

Steve Hagle, P.E., Deputy Director

Office of Air

2012-1087-SIP

Date: November 16, 2012

Subject: Commission Approval for Adoption of the Federal Clean Air Act (FCAA), 

§110(a)(1) and (2) Infrastructure and Transport State Implementation Plan 

(SIP) Revision for the 2008 Ozone National Ambient Air Quality Standards 

(NAAQS)

Infrastructure and Transport SIP Revision for the 2008 Ozone NAAQS

Non-Rule Project No. 2012-004-SIP-NR

Background and reason(s) for the SIP revision:

On March 12, 2008, the United States Environmental Protection Agency (EPA) 

strengthened the NAAQS for ground level ozone. The new primary eight-hour ozone 

standard, set at 0.075 parts per million (ppm), replaced the previous 1997 standard of 0.08 

ppm. The EPA also decreased the secondary eight-hour ozone standard to the level of 

0.075 ppm making it identical to the revised primary standard. However, the EPA did not 

initially implement the 2008 eight-hour ozone standard due to a subsequent NAAQS 

reconsideration. To date, the EPA has not published infrastructure or transport guidance 

for the 2008 ozone NAAQS.

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

implementation, maintenance, and enforcement of the NAAQS. States are required to 

submit the infrastructure portion of this SIP requirement to the EPA to demonstrate that 

basic program elements have been addressed within three years of the promulgation of any 

new or revised NAAQS. Section 110(a)(2) lists the elements that the new SIP submissions 

must contain.

On February 2, 2011, the TCEQ sent a letter to the EPA Region 6 to request formal 

clarification on several issues regarding the 2008 ozone NAAQS and the EPA’s 

reconsideration of the standards. Specifically, the TCEQ asked whether the EPA intended 

that Texas develop and submit infrastructure and transport SIP revisions under the 2008 

ozone standards by the March 12, 2011, deadline. On April 21, 2011, the EPA responded to 

the TCEQ stating, “As we stated earlier, EPA has not implemented the 2008 ozone 

standards by the deadline specified in the Federal Register (75 FR 2936). EPA has 

proposed that the 2008 ozone standards are insufficient to protect public health and 

welfare (75 FR 2938). EPA intends to take final action on the reconsideration by the end of 

July 2011 and at that time we will propose requirements for implementation, including the 

requisite infrastructure and transport elements.” Based on this EPA direction, the TCEQ 

did not submit an infrastructure SIP revision by the March 12, 2011, deadline. 
Commissioners

Page 2

November 16, 2012

Re: Docket No. 2012-1087-SIP

On September 22, 2011, the EPA issued a memorandum to inform states the 2008 ozone 

NAAQS would be implemented. Implementation of the 2008 ozone NAAQS requires that 

the infrastructure SIP be submitted, although the original deadline of March 12, 2011, has 

already passed. On October 17, 2012, the United States District Court, Northern District of 

California, issued an order requiring the EPA to issue findings of failure to submit for 

states that had not already submitted infrastructure SIP revisions for the 2008 ozone 

NAAQS (including Texas) by January 4, 2013.

Submitting this SIP revision prior to a finding of failure to submit could avoid a possible 

federal implementation plan (FIP) by the EPA for any future transport rule associated with 

the 2008 ozone NAAQS. On April 25, 2005, the EPA issued Texas a finding of failure to 

submit the required transport SIP for the 1997 ozone standard. The EPA then relied on this 

notice to justify the inclusion of Texas in the FIP for the Cross-State Air Pollution Rule 

(CSAPR) even though Texas had subsequently submitted a transport SIP revision for the 

1997 ozone standard that addressed the finding of failure to submit. On August 21, 2012, 

the United States Court of Appeals for the District of Columbia Circuit vacated CSAPR.

Scope of the SIP revision:

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

The SIP revision will document how the infrastructure elements listed in FCAA, §110(a)(2) 

are currently addressed in the Texas SIP. The SIP revision outlines the requirements of 

FCAA, §110(a)(2)(A) through (M) and the Texas provisions supporting the requirements. 

These requirements include basic program elements such as enforceable emission 

limitations and control measures, interstate transport provisions, air quality monitoring 

and modeling, a permitting program, adequate funding, personnel, and authority under 

state law to carry out the plan, emissions reporting, emergency powers, public 

participation, and fee collection. 

The SIP revision will also include a technical demonstration to support that Texas meets 

the interstate transport requirements of §110(a)(2) of the FCAA. Pursuant to FCAA, 

§110(a)(2)(D)(i)(I), this SIP revision must provide supporting information demonstrating 

that emissions from Texas are not contributing significantly to nonattainment and not 

interfering with maintenance of the 2008 ozone NAAQS in any other state.

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

The SIP revision will document how the infrastructure elements listed in FCAA, §110(a)(2) 

are currently addressed in the Texas SIP. The SIP revision outlines the requirements of 

FCAA, §110(a)(2)(A) through (M) and the Texas provisions supporting the requirements.

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

state statute:
Commissioners

Page 3

November 16, 2012

Re: Docket No. 2012-1087-SIP

None

Statutory authority:

The EPA published the final rule establishing the revised NAAQS for ozone in the Federal 

Register on March 27, 2008 (73 FR 16436). The authority to propose and adopt the SIP 

revision is derived from FCAA, 42 United States Code, §7410, which requires states to 

submit SIP revisions that contain enforceable measures to attain the NAAQS and other 

general and specific authority in Texas Water Code, Chapters 5 and 7 and Texas Health and 

Safety Code, Chapter 382.

Effect on the:

A.) Regulated community:

This SIP revision contains no new control measures and will not affect the regulated 

community.

B.) Public:

None

C.) Agency programs:

This SIP revision will have no new effect on agency programs.

Stakeholder meetings:

No stakeholder meetings were held.

Public comment:

The commission held a public hearing for the proposed SIP revision in Austin on 

September 25, 2012. A question and answer session was held 30 minutes prior to the 

meeting. The Alamo Area Council of Governments provided oral comments concerning the

SIP revision.

The public comment period opened on August 24, 2012, and closed on September 28, 

2012. Comments were received from the EPA, Public Citizen, and four individuals. A

summary of the comments and the TCEQ response is provided as part of this SIP revision 

in the Response to Comments.

Significant changes from proposal:

The discussion of the Clean Air Interstate Rule (CAIR) and CSAPR was updated to include 

that on August 21, 2012, the United States Court of Appeals for the District of Columbia 

Circuit vacated CSAPR. Under the court’s ruling, CAIR will remain in place until the EPA 

develops a valid replacement for CAIR. The background discussion was also updated to 

include that on October 17, 2012, the United States District Court, Northern District of 

California, issued an order requiring the EPA to issue findings of failure to submit 

infrastructure SIPs for the 2008 ozone NAAQS by January 4, 2013. 
Commissioners

Page 4

November 16, 2012

Re: Docket No. 2012-1087-SIP

In response to comment from EPA Region 6, the list of relevant rules for meeting the 

requirements of FCAA, §110(a)(2)(D)(i) was expanded to include 30 Texas Administrative 

Code, Chapters 115, 116, and 117.

In response to comment from AACOG and Public Citizen, the discussion of how Texas 

meets the requirements of §110(a)(2)(E), on page xii of the SIP revision narrative, was 

revised.

Potential controversial concerns and legislative interest:

EPA Disapproval Notices:

The EPA has published various proposed disapproval notices for Texas’ air permitting 

programs, and these disapprovals have not yet been fully resolved. Texas has adopted new 

rules that address all of these notices and has committed to working closely with the EPA 

to ensure that these rulemaking efforts will result in rules that are approvable by the EPA. 

Since the EPA has not acted on the rules, the infrastructure submittal may or may not be 

fully approvable.

The EPA has also proposed limited approval/limited disapproval of the commission’s rules 

regarding public participation for air quality New Source Review (NSR) permits. This 

proposed action has a potential direct impact on the infrastructure requirements of FCAA, 

§110(a)(2). 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 adopted public participation rules to the EPA for the SIP. On October 28, 2010, the 

EPA signed a notice withdrawing its limited approval and limited disapproval of the SIP 

revisions relating to public participation because those revisions are no longer before the 

EPA for review. Although the EPA has disapproved various elements of Texas’ air 

permitting programs, those concerns are being addressed with newly adopted rules and a 

commitment to work closely with EPA staff to issue EPA-approvable rules. Texas has a 

robust, SIP-approved permitting program and therefore has met the infrastructure 

requirements of §110(a)(2).

Previous Transport Submittals:

The TCEQ submitted an FCAA, §110(a)(2)(D)(i) SIP revision for the 1997 eight-hour ozone 

standard in April 2008 with receipt acknowledged by the EPA as of May 5, 2008. Because 

Texas was not originally included in the CAIR program for the 1997 ozone standard, the 

state did not rely solely on CAIR modeling in meeting this SIP obligation and identified 

state-level controls adopted for major point sources, along with their associated emission 

reductions, and other Texas SIP revisions that would address Texas’ §110(a)(2)(D)(i)(I) 

obligations.

The revision was deemed by operation of law as of November 5, 2008, to meet minimum 

completeness requirements, in accordance with §110(k)(1) of the FCAA. The EPA was 

therefore required to take action regarding full, partial, or conditional approval or 

disapproval for this revision within 12 months of the completeness determination.
Commissioners

Page 5

November 16, 2012

Re: Docket No. 2012-1087-SIP

However, the EPA relied on the 2005 notice of failure to submit to justify including Texas 

in the FIP in the final CSAPR. While the EPA’s reliance on the 2005 notice of failure to 

submit is not appropriate, the EPA may use the same approach to include Texas in future 

interstate transport programs if a finding of failure to submit is issued for the 2008 ozone 

NAAQS.

In a September 22, 2011, memo regarding the implementation of the 2008 NAAQS, the 

EPA stated that it does not intend to penalize states for the passage of time due to the delay 

in implementation. On October 17, 2012, however, the United States District Court, 

Northern District of California, issued an order requiring the EPA to issue findings of 

failure to submit by January 4, 2013.

Previous Infrastructure Submittals:

Texas was issued a finding of failure to submit its infrastructure SIP revision for the 1997 

eight-hour ozone NAAQS on March 27, 2008. On April 4, 2008, Texas submitted a letter 

and supporting documentation to address any potential infrastructure issues associated 

with the 1997 eight-hour ozone and fine particulate matter (PM2.5) NAAQS that fulfilled its 

infrastructure SIP obligations. On September 14, 2010, Earthjustice sued the EPA on 

behalf of the Sierra Club seeking to compel promulgation of a FIP for Texas for the ozone 

standard and to take final approval or disapproval action on Texas' PM2.5 submittal. 

In the December 28, 2011, Federal Register, the EPA determined that the Texas SIP meets

the infrastructure requirements for the 1997 eight-hour ozone NAAQS and the 1997 and 

2006 PM2.5 NAAQS at FCAA, §110(a)(2(A), (B), (E), (F), (G), (H), (K), (L), (M), and 

portions of (C), (D)(ii), and (J). The EPA determined that the Texas SIP does not meet the 

infrastructure requirements for the 1997 eight-hour ozone NAAQS and the 1997 and 2006 

PM2.5 NAAQS at FCAA, §110(a)(2) for portions of (C), (D)(ii), and (J) because Texas has 

stated it cannot issue permits for and does not intend to regulate greenhouse gas (GHG) 

emissions. The EPA partially approved and partially disapproved the Texas SIP revisions to 

address the Prevention of Significant Deterioration requirements at FCAA, §110(a)(2)(D)(i) 

for the 1997 eight-hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS again because 

Texas cannot issue permits for emissions of GHG. Texas is challenging the EPA’s partial 

disapproval of the previous infrastructure SIP revisions; however, because the basis for the 

EPA’s partial disapproval was the lack of a GHG permitting program in Texas, the EPA will 

likely use the same criteria when determining if any future infrastructure SIP revisions 

may be approved.

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

new policies?

No
Commissioners

Page 6

November 16, 2012

Re: Docket No. 2012-1087-SIP

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

alternatives to this SIP revision?

The infrastructure and transport SIP revision is required by §110(a) of the FCAA. If a SIP 

revision is not submitted, the EPA may promulgate a FIP for Texas.

Agency contacts:

Shelley Naik, SIP Project Manager, 239-1536, Air Quality Division

Amy Browning, Staff Attorney, 239-0891

Attachment

cc: Chief Clerk, 2 copies

Executive Director's Office

Susana M. Hildebrand, P.E.

Anne Idsal

Curtis Seaton

Tucker Royall

Office of General Counsel

Shelley Naik
REVISIONS TO THE STATE OF TEXAS AIR QUALITY 

IMPLEMENTATION PLAN FEDERAL CLEAN AIR ACT, SECTION 

110(a)(1) AND (2) INFRASTRUCTURE AND TRANSPORT

INFRASTRUCTURE DEMONSTRATION AND TRANSPORT PLAN 

FOR OZONE

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

P.O. BOX 13087

AUSTIN, TEXAS 78711-3087

FEDERAL CLEAN AIR ACT, SECTION 110(a)(1) AND (2) 

INFRASTRUCTURE AND TRANSPORT STATE 

IMPLEMENTATION PLAN REVISION FOR THE 2008 

OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS

Project Number 2012-004-SIP-NR

Adoption

December 5, 2012
This page intentionally left blank
ES-1

EXECUTIVE SUMMARY

This revision to the state implementation plan (SIP) for ozone infrastructure and transport is 

intended to meet the infrastructure requirements of the Federal Clean Air Act (FCAA), §110(a). 

States are required by §110(a)(1) of the FCAA to submit SIP revisions to meet the infrastructure 

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

Standards (NAAQS). On March 12, 2008, the United States Environmental Protection Agency 

(EPA) strengthened the NAAQS for ground level ozone. The new primary eight-hour ozone 

standard, set at 0.075 parts per million (ppm) replaced the previous 1997 standard of 0.08 ppm. 

The EPA also strengthened the secondary eight-hour ozone standard to the level of 0.075 ppm 

making it identical to the revised primary standard. This SIP revision documents that the Texas 

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

elements required by FCAA, §110(a)(2) for the implementation, maintenance, and enforcement 

of the 2008 ozone NAAQS. Because the infrastructure demonstration explains how the existing 

Texas statutes and rules will allow the state to meet its obligations under the FCAA, this SIP 

revision 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, §110(a)(1), and demonstrates that the state can provide for 

the implementation, maintenance, and enforcement of the NAAQS.

The infrastructure demonstration outlines the requirements of FCAA, §110(a)(2)(A) through 

(M) and the Texas statutes and rules that allow the Texas Commission on Environmental 

Quality to meet those requirements. The 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.

This SIP revision also includes a more detailed technical demonstration to meet the interstate 

transport requirements of FCAA, §110(a)(2)(D)(i)(I). Since this infrastructure element requires 

more than statutory authority, the requirement is discussed in the Section VI: Control Strategy

portion of this SIP revision. The technical demonstration includes an analysis of ozone trends

and discussion of existing ozone control strategies to demonstrate that emissions from Texas do 

not contribute significantly to nonattainment or interfere with maintenance of the 2008 ozone 

NAAQS in another state.
ES-1

SECTION V: LEGAL AUTHORITY

A. General (Revised)

B. Infrastructure Demonstration for Lead (No change)

1. 2008 Lead National Ambient Air Quality Standard (No change)

C. Infrastructure Demonstration for Nitrogen Dioxide (No change)

1. 2010 Nitrogen Dioxide National Ambient Air Quality Standard (No change)

D. Infrastructure Demonstration for Ozone (New)

1. 2008 Ozone National Ambient Air Quality Standards (New)
ii

SECTION V-A: LEGAL AUTHORITY

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, 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 (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 77th 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. In 2011, the 82nd Texas Legislature continued the existence 

of the TCEQ until 2023.

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.
iii

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 September 1, 2011

TEXAS WATER CODE September 1, 2011

Chapter 5: Texas Natural Resource Conservation Commission

Subchapter A: General Provisions

Subchapter B: Organization of the Texas Natural Resource Conservation Commission

Subchapter C: Texas Natural Resource Conservation Commission

Subchapter D: General Powers and Duties of the Commission

Subchapter 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

Subchapter L: Emergency and Temporary Orders (§§5.514, 5.5145, and 5.515 only)

Subchapter 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) 

Subchapter B: Corrective Action and Injunctive Relief (§7.032 only)

Subchapter 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 March 15, 2007

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

Permits; Temporary Suspension or Amendment of Permit Conditions July 20, 2006
iv

Chapter 39: Public Notice, §§39.402(a)(1) - (6), (8), and (10) - (12), 

39.405(f)(3) and (g), (h)(1)(A) - (4), (6), (8) - (11), (i) and (j), 39.407, 39.409, 

39.411(a), (e)(1) - (4)(A)(i) and (iii), (4)(B), (5)(A) and (B), and (6) - (10), 

(11)(A)(i) and (iii) and (iv), (11)(B ) - (F), (13) and (15), and (f)(1) - (8), (g) and 

(h), 39.418(a), (b)(2)(A), (b)(3), and (c), 39.419(e), 39.420 (c)(1)(A) - (D)(i)(I) 

and (II), (D)(ii), (c)(2), (d) - (e), and (h), and 39.601 - 39.605 June 24, 2010

Chapter 55: Requests for Reconsideration and Contested Case Hearings; 

Public Comment, §§55.150, 55.152(a)(1), (2), (5), and (6) and (b), 55.154(a), 

(b), (c)(1) - (3), and (5), and (d) - (g), and 55.156(a), (b), (c)(1), (e), and (g) June 24, 2010

Chapter 101: General Air Quality Rules April 19, 2012

Chapter 106: Permits by Rule, Subchapter A May 15, 2011

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

Matter February 16, 2012

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 September 13, 2012

Chapter 115: Control of Air Pollution from Volatile Organic Compounds December 29, 2011

Chapter 116: Permits for New Construction or Modification August 16, 2012

Chapter 117: Control of Air Pollution from Nitrogen Compounds April 19, 2012

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 June 3, 2001
v

SECTION V-D-1: INFRASTRUCTURE DEMONSTRATION FOR THE 2008 OZONE 

NATIONAL AMBIENT AIR QUALITY STANDARDS

A. 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 110(a)(2) lists the 

elements that these SIP submissions must contain.

On March 12, 2008, the EPA strengthened the NAAQS for ground level ozone. The 2008 

primary eight-hour ozone standard, set at 0.075 parts per million (ppm) replaced the previous 

1997 standard of 0.08 ppm. The EPA also strengthened the secondary eight-hour ozone 

standard to the level of 0.075 ppm making it identical to the revised primary standard. However, 

the EPA did not initially implement the 2008 eight-hour ozone standard due to a subsequent 

reconsideration of the NAAQS.

On February 2, 2011, the Texas Commission on Environmental Quality (TCEQ) sent a letter to 

the EPA Region 6 to request formal clarification on several issues regarding the 2008 ozone 

NAAQS and the EPA’s reconsideration of the standards. Specifically, the TCEQ asked whether 

the EPA intended that Texas develop and submit infrastructure and transport SIP revisions 

under the 2008 ozone standards by the March 12, 2011, deadline. On April 21, 2011, the EPA 

responded to the TCEQ stating, “As we stated earlier, EPA has not implemented the 2008 ozone 

standards by the deadline specified in the Federal Register (75 FR 2936). EPA has proposed 

that the 2008 ozone standards are insufficient to protect public health and welfare (75 FR 

2938). EPA intends to take final action on the reconsideration by the end of July 2011 and at 

that time we will propose requirements for implementation, including the requisite 

infrastructure and transport elements.” Based on this EPA direction, the TCEQ did not submit 

an infrastructure SIP revision by the March 12, 2011, deadline. 

On September 22, 2011, the EPA issued a memorandum to inform states that the 2008 ozone 

NAAQS would be implemented. Implementation of the 2008 ozone NAAQS requires that the 

infrastructure SIP be submitted, although the original deadline of March 12, 2011, has already 

passed. On September 22, 2011, the EPA issued a memorandum entitled Implementation of the 

Ozone National Ambient Air Quality Standard in which the Assistant Administrator stated that 

the EPA does not intend to penalize states for late submittals of infrastructure SIPs and 

interstate transport SIPs. On October 17, 2012, however, the United States District Court, 

Northern District of California, issued an order requiring the EPA to issue findings of failure to 

submit for states that had not already submitted infrastructure SIP revisions for the 2008 ozone 

NAAQS (including Texas) by January 4, 2013. To date, the EPA has not published infrastructure

or transport guidance for the 2008 ozone NAAQS.

This SIP revision is intended to provide an update of the §110(a)(2) infrastructure requirements 

for the 2008 ozone NAAQS. This chapter outlines FCAA, §110(a)(2)(A) through (M) and 

includes various Texas provisions that support the conclusion that Texas meets the 

requirements of each section. 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 
vi

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 §110(a)(1) requirement to provide for the implementation, 

maintenance, and enforcement of the NAAQS. This infrastructure section will 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, §110(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 PM2.5 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 (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. The EPA's more recent 2011 Guidance on Infrastructure State 

Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for 

the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS) indicates that the 

state should provide reasonable public notice and opportunity for public hearing prior to 

submission to the EPA. The EPA has not yet proposed infrastructure or transport guidance for 

the 2008 ozone NAAQS, but in order to meet statutory deadlines for submittal of infrastructure 

SIPs, states do not have the option of waiting for EPA to provide additional guidance before 

proceeding with infrastructure and transport SIP development, review, and submittal. The 

TCEQ proceeded with this SIP revision to ensure that there were adequate opportunities for

public notice and comment as required by state and federal statutes.

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

on how the TCEQ meets the requirements of FCAA, §110(a)(2); however, this 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 

appropriately at that time.

B. Texas Statutory Authority

The 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 that have been 

approved by the EPA.

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 
vii

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. 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 until 2023.

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.

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 

FCAA; 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 §110(a)(2) requirements.

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

Texas Water Code:

§5.013(a)(11) & (13) GENERAL JURISDICTION OF COMMISSION

§5.051. COMMISSION

§5.052. MEMBERS OF THE COMMISSION; APPOINTMENT

§5.053. ELIGIBILITY FOR MEMBERSHIP 

§5.054. REMOVAL OF COMMISSION MEMBERS
viii

§5.059. CONFLICT OF INTEREST

§5.060. LOBBYIST PROHIBITION

§5.101. SCOPE OF SUBCHAPTER

§5.102. GENERAL POWERS

§5.103. RULES

§5.104. MEMORANDA OF UNDERSTANDING

§5.105. GENERAL POLICY

§5.106. BUDGET APPROVAL

§5.107. ADVISORY COMMITTEES, WORK GROUPS, AND TASK FORCES

§5.115. PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE OF 

APPLICATION

§5.117. MANDATORY ENFORCEMENT HEARING

§5.120. CONSERVATION AND QUALITY OF ENVIRONMENT

§5.133. ACTIONS IN MEXICO

§5.1733. ELECTRONIC POSTING OF INFORMATION

§5.223. ADMINISTRATIVE ORGANIZATION OF COMMISSION

§5.230. ENFORCEMENT

§5.233. GIFTS AND GRANTS

§5.234. APPLICATIONS AND OTHER DOCUMENTS

§5.237. OPERATING FUND

§5.501. EMERGENCY AND TEMPORARY ORDER OR PERMIT; TEMPORARY 

SUSPENSION OR AMENDMENT OF PERMIT CONDITION

§5.502. APPLICATION FOR EMERGENCY OR TEMPORARY ORDER

§5.514. ORDER ISSUED UNDER AIR EMERGENCY

§5.515. EMERGENCY ORDER BECAUSE OF CATASTROPHE

§5.701(a) FEES

§5.702. PAYMENT OF FEES REQUIRED WHEN DUE

§5.703. FEE ADJUSTMENTS

§5.704. NOTICE OF CHANGE IN PAYMENT PROCEDURE

§5.705. NOTICE OF VIOLATION

§7.002. ENFORCEMENT AUTHORITY 

§7.032. INJUNCTIVE RELIEF

§7.051. ADMINISTRATIVE PENALTY

§7.052. MAXIMUM PENALTY

§7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF PENALTY 

AMOUNT

§7.061. PAYMENT OF PENALTY; PETITION FOR REVIEW

§7.066. REFERRAL TO ATTORNEY GENERAL

§7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS

§7.072. RECOVERY OF PENALTY

§7.073. CORRECTIVE ACTION

§7.101. VIOLATION

§7.102. MAXIMUM PENALTY

§7.103. CONTINUING VIOLATIONS

§7.105. CIVIL SUIT

§7.106. RESOLUTION THROUGH ADMINISTRATIVE ORDER

§7.177. VIOLATIONS OF CLEAN AIR ACT

§7.178. FAILURE TO PAY FEES UNDER CLEAN AIR ACT

§7.179. FALSE REPRESENTATIONS UNDER CLEAN AIR ACT

§7.180. FAILURE TO NOTIFY UNDER CLEAN AIR ACT

§7.181. IMPROPER USE OF MONITORING DEVICE
ix

§7.182. RECKLESS EMISSION OF AIR CONTAMINANT AND 

ENDANGERMENT

§7.183. INTENTIONAL OR KNOWING EMISSION OF AIR CONTAMINANT 

AND KNOWING ENDANGERMENT 

§7.186. SEPARATE OFFENSES

§7.187. PENALTIES

§7.302. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT

C. Texas Regulatory Authority

The TCEQ has promulgated rules implementing statutory authority to meet the requirements of 

both the FCAA and the TCAA. These rules were submitted to the EPA in various SIP revisions 

and have been approved in the Federal Register (FR) or are pending EPA review. Rules that are 

relevant for each FCAA, §110(a)(2) requirement are noted below.

FCAA, §110(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 Act;

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 nonattainment areas.

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

this federal requirement:

Chap. 7 Memoranda of Understanding

Chap. 101 General Air Quality Rules

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

Chap. 111 Control of Air Pollution from Visible Emissions and Particulate Matter

Chap. 112 Control of Air Pollution from Sulfur Compounds

Chap. 113 Standards of Performance for Hazardous Air Pollutants and for Designated 

Facilities and Pollutants

Chap. 114 Control of Air Pollution from Motor Vehicles

Chap. 115 Control of Air Pollution from Volatile Organic Compounds

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

Chap. 117 Control of Air Pollution from Nitrogen Compounds

Chap. 118 Control of Air Pollution Episodes

FCAA, §110(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) make such data available to the 

Administrator;
x

Texas Requirement

The TCEQ maintains a network of air quality monitors to measure air quality data that is 

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

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 General Air Quality Rules

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

Chap. 111 Control of Air Pollution from Visible Emissions and Particulate Matter

Chap. 112 Control of Air Pollution from Sulfur Compounds

Chap. 115 Control of Air Pollution from Volatile Organic Compounds

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

Chap. 117 Control of Air Pollution from Nitrogen Compounds

FCAA, §110(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;

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.1

The EPA has published various disapproval notices for Texas’ air permitting programs, and 

these disapprovals have not yet been fully resolved. Texas has adopted new rules that address 

these notices and has committed to working closely with the EPA to ensure that these 

rulemaking efforts will result in rules that are approvable by the EPA. The EPA has also 

proposed limited approval/limited disapproval of the commission’s rules regarding public 

participation for air quality New Source Review (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 adopted public participation rules to the EPA 

for the SIP. On October 28, 2010, the EPA signed a notice withdrawing its limited approval and 

limited disapproval of the SIP revisions relating to public participation, because those revisions 

are no longer before the EPA for review. Although the EPA has disapproved various elements of 

Texas’ air permitting programs, those concerns are being addressed with newly adopted rules 

and a commitment to work closely with EPA staff to issue EPA-approvable rules. Texas has a 

 

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

In May 2010, the EPA 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 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 §110(a)(2).
xi

robust, SIP-approved permitting program and therefore has met the infrastructure 

requirements of §110(a)(2).

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. 39 Public Notice

Chap. 55 Requests for Reconsideration and Contested Case Hearings; Public Notice

Chap. 101 General Air Quality Rules

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

Chap. 112 Control of Air Pollution from Sulfur Compounds

Chap. 115 Control of Air Pollution from Volatile Organic Compounds

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

Chap. 117 Control of Air Pollution from Nitrogen Compounds

FCAA, §110(a)(2)(D)

Federal Requirement

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

of this title, 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, or (II) interfere with 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) 

insuring compliance with the applicable requirements of sections 126 and 

115 (relating to interstate and international pollution abatement);

Texas Requirement

This SIP revision includes an interstate transport technical analysis in Section VI: Control 

Strategy to address the requirements of §110(a)(2)(D)(i)(I).

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 

§110(a)(2)(C) previously listed). Texas submitted a Regional Haze SIP revision to the EPA on 

March 19, 2009. Regional haze program requirements include progress reports due to the EPA 

in 2014 and every five years thereafter, to demonstrate progress toward the visibility goal. 

Another Regional Haze SIP is due in 2018 and every 10 years thereafter, through 2064. 

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

Chap. 101 General Air Quality Rules

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

Chap. 115 Control of Air Pollution from Volatile Organic Compounds

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

Chap. 117 Control of Air Pollution from Nitrogen Compounds
xii

FCAA, §110(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, 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 128, 

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.

Part of the TCEQ’s role is to determine how to appropriately distribute resources. Like all 

agencies, the TCEQ prioritizes the allocation of resources to items that require the most 

attention and that does not always align with the needs and requests of local areas. The TCEQ 

works with local governments and other stakeholders during the SIP development process to 

asses all measures to be included in the SIP that will be implemented at the local level. After the 

SIP development process is completed, the TCEQ continues to provide support to local 

governments by participating in local air quality planning committees and through the general 

conformity and transportation conformity processes. 

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 §128 of the FCAA. The TCEQ also regularly submits a 

legal authority with SIP revisions submitted to the EPA. 

FCAA, §110(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 Act, 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 
xiii

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 General Air Quality Rules

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

Chap. 111 Control of Air Pollution from Visible Emissions and Particulate Matter

Chap. 112 Control of Air Pollution from Sulfur Compounds

Chap. 115 Control of Air Pollution from Volatile Organic Compounds

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

Chap. 117 Control of Air Pollution from Nitrogen Compounds

FCAA, §110(a)(2)(G)

Federal Requirement

(G) provide for authority comparable to that in section 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 quality information in a form 

readily available to the public on the TCEQ’s Today's Texas Air Quality Forecast Web site

(http://www.tceq.texas.gov/airquality/monops.html). 

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. 118 Control of Air Pollution Episodes

FCAA, §110(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 Act;

Texas Requirement

The TCEQ regularly revises the Texas SIP in response to revisions in the NAAQS and the EPA 

rules. See §110(a)(2)(A) above.

FCAA, §110(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 (relating 

to nonattainment areas);
xiv

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, §110(a)(1) does not require this element to 

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

FCAA, §110(a)(2)(J)

Federal Requirement

(J) meet the applicable requirements of section 121 (relating to consultation), 

section 127 (relating to public notification), and part C (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, 

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 attainment/unclassifiable areas 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 Memoranda of Understanding

Chap. 35 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

FCAA, §110(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;

 

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, were 

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

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

FCAA, §110(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 

Act, 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 title 

V;

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:

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

FCAA, §110(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.

D. Conclusion

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

meet the infrastructure requirements of FCAA, §110(a)(1) and (2) for the 2008 ozone NAAQS.
xvi

SECTION VI: CONTROL STRATEGY

A. Introduction (No change)

B. Ozone (No change)

C. Particulate Matter (No change)

D. Carbon Monoxide (No change)

E. Lead (No change)

F. Oxides of Nitrogen (No change)

G. Sulfur Dioxide (No change)

H. Conformity with the National Ambient Air Quality Standards (No change)

I. Site Specific (No change)

J. Mobile Sources Strategies (No change)

K. Clean Air Interstate Rule (No change)

L. Transport (Revised)

M. Regional Haze (No change)
xvii

TABLE OF CONTENTS

Executive Summary

Section V: Legal Authority

Section V-A: Legal Authority

A. General

B. Applicable Law

Section V-D-1: Infrastructure Demonstration for the 2008 Ozone National Ambient Air Quality 

Standards

A. Background

B. Texas Statutory Authority

C. Texas Regulatory Authority

FCAA, §110(a)(2)(A)

FCAA, §110(a)(2)(B)

FCAA, §110(a)(2)(C)

FCAA, §110(a)(2)(D)

FCAA, §110(a)(2)(E)

FCAA, §110(a)(2)(F)

FCAA, §110(a)(2)(G)

FCAA, §110(a)(2)(H)

FCAA, §110(a)(2)(I)

FCAA, §110(a)(2)(J)

FCAA, §110(a)(2)(K)

FCAA, §110(a)(2)(L)

FCAA, §110(a)(2)(M)

D. Conclusion

Section VI: Control Strategy

Table of Contents

List of Acronyms

List of Tables

List of Figures

Chapter 1: General

1.1 Background
xviii

1.2 Introduction

1.3 Health Effects

1.4 Public Hearing and Comment Information

1.5 Social and Economic Considerations

1.6 Fiscal and Manpower Resources

1.7 Coordination with Local Agencies

1.8 Organizations Responsible for Development, Implementation and Enforcement

1.9 Data Availability

Chapter 2: Required Control Strategy Elements

2.1 Background

2.2 Control Strategy Overview

2.2.1 Significant Contribution to Nonattainment and Interference with Maintenance 

Elements

2.2.1.1 Technical Analysis

2.2.1.2 Monitoring Sites

2.2.1.3 References

2.2.2 Emissions Reductions from EGUs

2.2.2.1 CAIR and Cross-State Air Pollution Rule (CSAPR)

2.2.2.2 Utility Electric Generation in Ozone Nonattainment Areas

2.2.2.3 Utility Electric Generation in East and Central Texas

2.2.2.4 Senate Bill 7 (76th Texas Legislature)

2.2.3 Emission Reductions from Other Sources

2.2.3.1 HGB Area MECT Program

2.2.3.2 Cement Kilns

2.2.3.3 East Texas Engines

2.2.3.4 HGB Area Highly Reactive VOC (HRVOC) Rules and HRVOC Cap and 

Trade (HECT) Program

2.2.4 1997 Eight-Hour Ozone SIP Revisions Adopted Since 2008

2.2.4.1 HGB 1997 Eight-Hour Ozone SIP Revisions

2.2.4.2 DFW 1997 Eight Hour Ozone SIP Revisions

2.2.4.3 BPA 1997 Eight-Hour Ozone Redesignation to Attainment and Maintenance 

Plan

2.2.4.4 VIC 1997 Eight-Hour Ozone Contingency Plan SIP Revision
xix

2.2.4.5 ARR 1997 Eight-Hour Ozone Flex Plan

2.3 Control Strategy Conclusions

Chapter 3: Future Revisions to the National Ambient Air Quality Standards (NAAQS)

Response to Comments
xx

LIST OF ACRONYMS

AD attainment demonstration

AQS Air Quality System

ARR Austin-Round Rock

BPA Beaumont-Port Arthur

CAIR Clean Air Interstate Rule

CSAPR Cross-State Air Pollution Rule

CTG control techniques guidelines

DERC Discrete Emission Reduction Credit

DFW Dallas-Fort Worth

EAC Early Action Compact

EGU electric generating unit

EPA United States Environmental Protection Agency

FCAA Federal Clean Air Act

FR Federal Register

g/hp-hr grams per horsepower-hour

HECT Highly Reactive Volatile Organic Compounds Emissions Cap and Trade

HGB Houston-Galveston-Brazoria

hp horsepower

HRVOC highly reactive volatile organic compounds

hv sunlight

lb/MMBtu pound per million British thermal units

lb/ton of clinker pounds of NOX per ton of cement clinker produced

MECT Mass Emissions Cap and Trade

MVEB motor vehicle emissions budget

NAAQS National Ambient Air Quality Standards

NETX Northeast Texas

NO nitrogen oxide

NO2 nitrogen dioxide

NOX nitrogen oxides

NSR New Source Review

O2 oxygen

O3 ozone

PM2.5 fine particulate matter
xxi

ppm parts per million

PSD Prevention of Significant Deterioration

PUCT Public Utility Commission of Texas

RACM reasonably available control measures

RACT reasonably available control technology

RFP reasonable further progress

SIP state implementation plan

SO2 sulfur dioxide

TAC Texas Administrative Code

TACB Texas Air Control Board

TCAA Texas Clean Air Act

TCEQ Texas Commission on Environmental Quality (commission)

TNRCC Texas Natural Resource Conservation Commission

tpy tons per year

TUC Texas Utilities Code

VIC Victoria

VOC volatile organic compounds
xxii

LIST OF TABLES

Table 2-1: Percent Change in Eight-Hour Ozone Design Values

Table 2-2: Areas in EPA Region 6 Designated Nonattainment for the 2008 Eight-Hour Ozone 

NAAQS

Table 2-3: Monitor Sites and Eight-Hour Ozone Design Values in EPA Region 6
xxiii

LIST OF FIGURES

Figure 2-1: Counties Designated Nonattainment for the 2008 Eight-Hour Ozone NAAQS (EPA, 

2012)

Figure 2-2: Eight-Hour Ozone Design Value Trends in Texas and Closest Nonattainment Areas

Figure 2-3: 2010 Eight-Hour Ozone Design Values at Monitors Located in Texas and 

Surrounding States

Figure 2-4: NOX Emission Trend for Texas EGUs from 1995 through 2011
1-1

CHAPTER 1: GENERAL

1.1 BACKGROUND

“The History of the Texas State Implementation Plan (SIP),” a comprehensive overview of the 

SIP revisions submitted to the United States Environmental Protection Agency (EPA) by the 

State of Texas, is available on the Introduction to the SIP Web page

(http://www.tceq.texas.gov/airquality/sip/sipintro.html#History) on the Texas Commission on 

Environmental Quality's (TCEQ) Web site (http://www.tceq.texas.gov).

1.2 INTRODUCTION

This SIP revision for the transport of ozone under the 2008 Ozone National Ambient Air Quality 

Standards (NAAQS) describes how the Texas Commission on Environmental Quality (TCEQ) 

will meet the requirements of §110(a)(2)(D)(i)(I) of the Federal Clean Air Act (FCAA). States are 

required to submit a SIP revision within three years of promulgation of new or revised NAAQS 

that contains adequate provisions that prohibit any source or other type of emissions activity 

within the state from emitting any NAAQS pollutants in amounts that will:

• contribute significantly to nonattainment of the NAAQS for areas in other states; or

• interfere with maintenance of the NAAQS by any other state.

On March 12, 2008, the EPA strengthened the NAAQS for ground level ozone. The new primary 

eight-hour ozone standard, set at 0.075 parts per million (ppm) replaced the previous 1997 

standard of 0.08 ppm. The EPA also decreased the secondary eight-hour ozone standard to the 

level of 0.075 ppm making it identical to the revised primary standard. However, the EPA did 

not initially implement the 2008 eight-hour ozone standard due to a subsequent 

reconsideration of the NAAQS. To date, the EPA has not published infrastructure or transport 

guidance for the 2008 ozone NAAQS. On August 21, 2012, the United States Court of Appeals 

for the District of Columbia Circuit vacated the Cross State Air Pollution Rule (CSAPR). 

Based on the control strategies already in place to reduce ozone precursor emissions in ozone 

nonattainment areas and an analysis of ozone trends in Texas, this SIP revision demonstrates 

that Texas meets the transport requirements of FCAA §110(a)(2)(D)(i)(I).

1.3 HEALTH EFFECTS

In 2008, the EPA revised the primary ozone standard to 0.075 ppm. To support the 2008 eighthour primary ozone standard, the EPA provided information indicating that health effects can 

occur at levels lower than the previous standard. Exposure to relatively high levels of ambient 

ozone can aggravate asthma in some people. Repeated exposures to high levels of ozone can 

make people more susceptible to respiratory infection and lung inflammation and can aggravate 

preexisting respiratory diseases, such as bronchitis and emphysema.

Children are at a relatively higher risk from exposure to ozone when compared to adults, since 

they breathe more air per pound of body weight than adults and because children’s respiratory 

systems are still developing. Children also spend a considerable amount of time outdoors during 

summer and during the start of the school year (August through October) when high ozone 

levels are typically recorded. Adults most at risk to ozone exposure are people working or 

exercising outdoors and individuals with preexisting respiratory diseases.
1-2

1.4 PUBLIC HEARING AND COMMENT INFORMATION

The commission held a public hearing for the proposed SIP revision in Austin on September 25, 

2012. A question and answer session was held 30 minutes prior to the meeting. The Alamo Area 

Council of Governments provided oral comments concerning the SIP revision.

The public comment period opened on August 24, 2012, and closed on September 28, 2012. 

Written comments were accepted via mail, fax, and through the eComments

(http://www5.tceq.texas.gov/rules/ecomments) system. Written comments were received from 

the EPA, Public Citizen, and four individuals. A summary of the comments and the TCEQ 

response is provided as part of this SIP revision in the Response to Comments.

An electronic version of this SIP revision can be found at the TCEQ’s Air Pollution from Ozone

Web page (http://www.tceq.texas.gov/airquality/sip/criteria-pollutants/sip-ozone).

1.5 SOCIAL AND ECONOMIC CONSIDERATIONS

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

impact on society or the economy.

1.6 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.

1.7 COORDINATION WITH LOCAL 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.

1.8 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.

1.9 DATA AVAILABILITY

The TCEQ affirms that it will retain all data used in the preparation of this SIP revision. All 

supporting documents and data are publicly available via the TCEQ SIP Web page

(http://www.tceq.texas.gov/airquality/sip/) or are available from the TCEQ upon request.
2-1

CHAPTER 2: REQUIRED CONTROL STRATEGY ELEMENTS

2.1 BACKGROUND

There are two nonattainment areas for the 2008 eight-hour ozone National Ambient Air Quality 

Standards (NAAQS) in Texas: the Houston-Galveston-Brazoria (HGB) marginal nonattainment 

area and the Dallas-Fort Worth (DFW) moderate nonattainment area. The rest of the counties in 

Texas are designated unclassifiable/attainment for the 2008 eight-hour ozone NAAQS.

Texas has not yet put control measures in place to address the 2008 eight-hour ozone NAAQS, 

as attainment demonstration (AD) state implementation plan (SIP) revisions are not due until 

2015. However, Texas already has numerous control measures in place to address ozone 

precursor emissions under previous ozone standards. These measures have resulted in 

significant decreases in eight-hour ozone design values from 1990 to 2010, with much of the 

decreases occurring from 2000 to 2010. With implementation of the 2008 ozone standard, 

decreases in design values are expected to continue.

Texas is not covered under the Clean Air Interstate Rule (CAIR) for the 1997 eight-hour ozone 

NAAQS, but is included for the 1997 fine particulate matter (PM2.5) NAAQS. In addition to the 

annual nitrogen oxides (NOX) reductions from the CAIR program, in 1999 the state 

implemented a strategy in the eastern part of Texas to reduce NOX emissions from electric 

generating units (EGU). These EGU strategies, along with other NOX and volatile organic 

compounds (VOC) reducing programs from 1997 eight-hour ozone SIP revisions, Early Action 

Compact (EAC) SIP revisions, 1997 eight-hour ozone maintenance plans, 1997 eight-hour ozone 

flex plans, one-hour ozone SIP revisions, a one-hour ozone flexible attainment region SIP 

revision, and one-hour ozone flexible agreements are described in this chapter. The combination 

of these NOX and VOC reduction programs fulfills the state’s obligation to address transport for 

the 2008 eight-hour ozone NAAQS.

2.2 CONTROL STRATEGY OVERVIEW

Federal Clean Air Act (FCAA), §110(a)(2)(D)(i)(I) requires states to submit a SIP revision that 

contains adequate provisions to prohibit any source or other type of emissions activity within 

the state from emitting any air pollutants in amounts that will contribute significantly to 

nonattainment of the NAAQS for areas in other states or interfere with maintenance of the 

NAAQS in any other state. The following sections evaluate eight-hour ozone design value trends 

for nonattainment areas in Texas and in surrounding states and outline the control measures 

implemented in Texas to achieve emission reductions to demonstrate that emissions from Texas 

do not contribute significantly to nonattainment or interfere with maintenance of the 2008 

ozone NAAQS in another state.

2.2.1 Significant Contribution to Nonattainment and Interference with 

Maintenance Elements

2.2.1.1 Technical Analysis

Ozone (O3) is a secondary pollutant that is created through a photochemical reaction between 

oxygen (O2), NOX, and VOC. NOX refers to the combination of nitrogen oxide (NO) and nitrogen 

dioxide (NO2). The following reactions show how NOX, VOC, and O2 react in the presence of 

sunlight (hv) to form O3:

O2 + NO2

hv

↔ O3 + NO
2-2

NO + VOC → NO2

The amount of ozone formed depends on several factors. Meteorological conditions, such as

wind direction and speed, temperature, mixing height, solar radiation, and other parameters, 

affect the rates at which ozone formation occurs. The types and the concentration of precursors

present can affect net reactivity of precursor compounds found in a plume of emissions.

Precursor compounds, NOX and VOC, also exist under natural conditions. Ozone is created and 

destroyed on a natural cycle according to atmospheric conditions and chemical concentrations, 

even in the absence of additional anthropogenic precursor sources. This natural ozone 

formation is known as “natural background” ozone and is the starting point for measuring the 

contribution of ozone and precursors attributable to human activity. Within an urban area, not 

all ozone formation is necessarily caused by emissions produced locally because anthropogenic 

precursors, along with ozone formed by them, are often transported over long distances. 

Because the amount of ozone formed depends on so many other variables, it can be difficult to 

quantify the exact contribution from specific sources.

The EPA revised the eight-hour ozone NAAQS to 0.075 parts per million (ppm) in 2008. On 

April 30, 2012, the EPA finalized designations for the 2008 eight-hour ozone NAAQS. Figure 2-

1: Counties Designated Nonattainment for the 2008 Eight-Hour Ozone NAAQS (EPA, 

2012) shows a map of the counties the EPA designated nonattainment. The map shows that two 

areas in Texas were designated nonattainment. The DFW area, which includes Collin, Dallas, 

Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise Counties, and the HGB 

area, which includes Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, 

and Waller Counties.
2-3

Figure 2-1: Counties Designated Nonattainment for the 2008 Eight-Hour Ozone 

NAAQS (EPA, 2012)

Figure 2-2: Eight-Hour Ozone Design Value Trends in Texas and Closest Nonattainment 

Areas shows the eight-hour ozone design value trends from the nonattainment areas in Texas 

and nonattainment areas in surrounding states. The surrounding nonattainment areas 

evaluated below are those that are geographically closest to Texas. The design values in Texas 

were over 6 ppb higher in 2010 than the design values in other states; however, the overall 

design value trend was decreasing in all areas. Although all areas had a decrease in the eighthour ozone design value, the majority of areas experienced most of those decreases after 2000. 

Table 2-1: Percent Change in Eight-Hour Ozone Design Values shows the percent change in 

the eight-hour ozone design values from Texas and the closest nonattainment areas in other 

states (Arizona, Arkansas, Colorado, Illinois, Indiana, Louisiana, Mississippi, Missouri, 

Tennessee, and Wisconsin). The minus sign indicates a percent decrease. The table shows that 

the percent change from 2000 through 2010, which ranged from a 9% decrease to a 25%

decrease, was much larger than the percent change from 1990 through 2000, which ranged 

from a 6% increase to an 18% decrease. The HGB area had the second largest decrease in eighthour ozone design values from 1990 through 2010, 29 %, the majority of that occurring after 

2000.
2-4

Figure 2-2: Eight-Hour Ozone Design Value Trends in Texas and Closest 

Nonattainment Areas

Table 2-1: Percent Change in Eight-Hour Ozone Design Values

Nonattainment Area Percent 

Change 

1990-2010

Percent 

Change 

1990-2000

Percent 

Change 

2000-2010

Chicago-Naperville -35 -18 -20

Houston-Galveston-Brazoria -29 -6 -25

St. Louis-St. Charles-Farmington -25 -8 -18

Sheboygan -24 -10 -15

Baton Rouge -23 -3 -20

Memphis -20 2 -22

Dallas-Fort-Worth -18 -3 -16

Denver-Boulder-Greeley-Ft. Collins -9 0 -9

Phoenix-Mesa -6 6 -11

EPA Region 6, the region where Texas is located, has two other nonattainment areas besides 

those in Texas: the Baton Rouge area in Louisiana and the Memphis area in Arkansas, 

Mississippi, and Tennessee. Table 2-2: Areas in EPA Region 6 Designated Nonattainment for 

the 2008 Eight-Hour Ozone NAAQS lists the counties in each area that were designated 

40

50

60

70

80

90

100

110

120

130

199019911992199319941995199619971998199920002001200220032004200520062007200820092010

ppb

Eight-Hour Ozone Design Values

Dallas-Fort-Worth

Houston-Galveston-Brazoria

Baton Rouge

Sheboygan

Denver-Boulder-Greeley-Ft. Collins

St. Louis-St. Charles-Farmington

Phoenix-Mesa

Memphis

Chicago-Naperville

2008 Eight-Hour Ozone NAAQS: 75 ppb *Data from EPA's AQS.
2-5

nonattainment and shows the approximate distance from each nonattainment area to the Texas 

nonattainment areas. Although the Memphis nonattainment area spans three states (Arkansas, 

Mississippi, and Tennessee), only one of those states, Arkansas, is located within Region 6. 

These areas can be seen more clearly on the map displayed in Figure 2-3: 2010 Eight-Hour 

Ozone Design Values at Monitors Located in Texas and Surrounding States.

Table 2-2: Areas in EPA Region 6 Designated Nonattainment for the 2008 EightHour Ozone NAAQS

Area State Counties Designated 

Nonattainment by the 

EPA

Approximate 

Distance from 

HGB (miles)

Approximate 

Distance from 

DFW (miles)

Baton Rouge Louisiana Ascension 260 370

East Baton Rouge

Iberville

Livingston

West Baton Rouge

Memphis Arkansas Crittenden 485 420

Mississippi DeSoto (partial county)

Tennessee Shelby 

Figure 2-3 also shows the 2010 eight-hour ozone design values from monitors in Texas and the 

surrounding Region 6 states. Design values are from the EPA’s Air Quality System (AQS). The 

pink and red dots represent monitors with a design value that is above the 2008 eight-hour 

ozone NAAQS, and the yellow and blue dots represent monitors with a design value below the 

2008 eight-hour ozone NAAQS. Attainment status is based on 2010 design values.

Nonattainment areas are outlined on the map in light and dark brown. The map shows that 

there are several monitors located between Texas and the two closest nonattainment areas, 

Memphis and Baton Rouge. The monitors located between Texas and Baton Rouge show 

attainment of the 2008 eight-hour ozone NAAQS. This result suggests that local emissions 

contribute to these areas’ nonattainment status. In addition, there are sources of ozone 

precursors located between Texas and the other nonattainment areas. The amount of ozone in 

other nonattainment areas from precursor sources outside of Texas and the amount of ozone 

coming from Texas into other nonattainment areas was not calculated. Because there are 

additional precursor sources located between Texas and other areas, it is difficult to determine 

how much ozone in other areas would be due to transport and how much ozone would be due to 

those sources of ozone precursors. 

Ozone season wind patterns from the DFW and the HGB areas were extensively investigated in 

the 2010 DFW Ozone Conceptual Model (TCEQ, 2011) and in the 2009 HGB Ozone Conceptual 

Model (TCEQ, 2010). Those analyses showed that in the DFW area ozone season winds are 

typically out of the south to the east. In the HGB area, winds in the early part of the ozone 

season, May through July, are typically from the south. Then, in the later part of the ozone 

season, August and September, winds switch to a more east to northeast direction. In both 

areas, very few winds are observed from the west and northwest, the directions which would be 

anticipated to transport ozone to Memphis and Baton Rouge.
2-6

Figure 2-3: 2010 Eight-Hour Ozone Design Values at Monitors Located in Texas 

and Surrounding States

2.2.1.2 Monitoring Sites

In 2010, there were 167 ozone monitors located within EPA Region 6. The location of monitors 

with valid 2010 eight-hour ozone design values are displayed in the map in Figure 2-3. A 

complete list of monitors, including those without valid design values, is shown in Table 2-3: 

Monitor Sites and Eight-Hour Ozone Design Values in EPA Region 6. The data from these

monitors were reported to the EPA’s AQS. Texas has the most monitors, 78, in Region 6. 

Oklahoma has 29 monitors, New Mexico and Louisiana have 26 monitors each, and Arkansas 

has 8 monitors. Note that the monitor numbers include tribal monitors. Although there are 

several monitors located near the Texas border in Louisiana and New Mexico, there are no 

monitors near the Texas border in Oklahoma and Arkansas.

Table 2-3: Monitor Sites and Eight-Hour Ozone Design Values in EPA Region 6

State County Name Airs Number 

and POC 

Number

Site Name 

(If Applicable)

2010 EightHour Ozone 

Design Value 

Nonattainment 

Area 

(If Applicable)

Arkansas Crittenden 050350005-1 Marion 74 Memphis

Arkansas Newton 051010002-1 Deer 66

Arkansas Polk 051130003-1 Eagle Mountain 70
2-7

State County Name Airs Number 

and POC 

Number

Site Name 

(If Applicable)

2010 EightHour Ozone 

Design Value 

Nonattainment 

Area 

(If Applicable)

Arkansas Pulaski 051190007-1 Parr 70

Arkansas Pulaski 051191002-1 Nlr Airport 70

Arkansas Pulaski 051191008-1 Doyle Springs Road 67

Arkansas Van Buren 051410001-1

Arkansas Washington 051430005-1 Springdale 64

Louisiana Ascension 220050004-1 75 Baton Rouge

Louisiana Bossier 220150008-2 74

Louisiana Caddo 220170001-2 72

Louisiana Calcasieu 220190002-1 74

Louisiana Calcasieu 220190008-1 63

Louisiana Calcasieu 220190009-1 74

Louisiana East Baton Rouge 220330003-1 78 Baton Rouge

Louisiana East Baton Rouge 220330009-1 Capitol 73 Baton Rouge

Louisiana East Baton Rouge 220330013-1

Locate At Pride / 

Zachary 72 Baton Rouge

Louisiana East Baton Rouge 220331001-2 72 Baton Rouge

Louisiana Iberville 220470007-1 71

Louisiana Iberville 220470009-1

Off LA Hwy 75 Near 

Water Treatment 

Facility 73 Baton Rouge

Louisiana Iberville 220470012-1

Replaced Site Id 

220470002 73 Baton Rouge

Louisiana Jefferson 220511001-2 Kenner 75

Louisiana Lafayette 220550007-1

Replace Site Id 

#220550001 72

Louisiana Lafourche 220570004-1

Nicholls State University 

Farm 71

Louisiana Livingston 220630002-1 75 Baton Rouge

Louisiana Orleans 220710012-2 City Park 71

Louisiana Ouachita 220730004-1 Monroe Airport 64

Louisiana Pointe Coupee 220770001-1 75

Louisiana St. Bernard 220870009-1 Chalmette High School 69

Louisiana St. Charles 220890003-1 70

Louisiana St. James 220930002-1 68

Louisiana

St. John the 

Baptist 220950002-1 73

Louisiana St. Tammany 221030002-1

Louisiana

West Baton 

Rouge 221210001-1 71 Baton Rouge

New 

Mexico Bernalillo 350010023-1 Del Norte High School 64

New 

Mexico Bernalillo 350010024-1 South East Heights 66
2-8

State County Name Airs Number 

and POC 

Number

Site Name 

(If Applicable)

2010 EightHour Ozone 

Design Value 

Nonattainment 

Area 

(If Applicable)

New 

Mexico Bernalillo 350010027-1 Westside Taylor Ranch 67

New 

Mexico Bernalillo 350010029-1

South Valley Mountain 

View 66

New 

Mexico Bernalillo 350010032-1 Westside

New 

Mexico Bernalillo 350011012-1 Far North East Heights 68

New 

Mexico Bernalillo 350011013-1 North Valley 67

New 

Mexico Dona Ana 350130008-2 64

New 

Mexico Dona Ana 350130017-1 64

New 

Mexico Dona Ana 350130020-1

6Zk 3 Mi North Of El 

Paso, TX On East Side Of 

Franklin Mountains 66

New 

Mexico Dona Ana 350130021-1

6Zm 2Mi From Mt Cristo 

Rey Where NM, TX, And 

Mexico Join Together 70

New 

Mexico Dona Ana 350130022-1

6Zn US-Mexico Border 

Crossing. Both Sides 

Uninhabited As Of 1996. 67

New 

Mexico Dona Ana 350130023-1

6Zq In SE Corner Of NM 

Highway Dept. Yards In 

Las Cruces 63

New 

Mexico Eddy 350151005-1

5Zr On Blm Land 

Bordering Residential 

Area Outside Carlsbad 

City L 67

New 

Mexico Eddy 350153001-1

New 

Mexico Grant 350171003-1

7T Alongside Softball 

Field And Near Chino 

Copper Smelter 63

New 

Mexico Lea 350250008-1 Hobbs-Jefferson 59

New 

Mexico Luna 350290003-1 57

New 

Mexico Sandoval 350431001-1 60
2-9

State County Name Airs Number 

and POC 

Number

Site Name 

(If Applicable)

2010 EightHour Ozone 

Design Value 

Nonattainment 

Area 

(If Applicable)

New 

Mexico Sandoval 350439004-1

Pueblo Of Jemez Tribal 

Trust Lands, 

Department Of 

Resource Protection

New 

Mexico San Juan 350450009-1

SE Corner Of NM

Highway Dept Yard 60

New 

Mexico San Juan 350450018-1

New 

Mexico San Juan 350451005-1 63

New 

Mexico San Juan 350451233-1

New 

Mexico Santa Fe 350490021-1 63

New 

Mexico Valencia 350610008-1

Oklahoma Adair 400019009-1 Stilwell 67

Oklahoma Caddo 400159008-1 Anadarko Pm2.5

Oklahoma Canadian 400170101-1 OKC West-(Yukon) 71

Oklahoma Cherokee 400219002-1 Tahlequah Shelter 68

Oklahoma Cleveland 400270049-1 Moore Water Tower 69

Oklahoma Comanche 400310649-1 Lawton South

Oklahoma Comanche 400310651-1 Lawton North 69

Oklahoma Creek 400370144-1 Mannford 70

Oklahoma Dewey 400430860-1 Seiling Municipal Airport 66

Oklahoma Jefferson 400670671-1

Located Behind Lake 

Waurika Corp. Of Eng. 

Office

Oklahoma Kay 400719003-1 Ponca Tribe

Oklahoma Kay 400719010-1 Newkirk Improve 66

Oklahoma Lincoln 400819005-1

Sac and Fox Nation, 

Stroud 60

Oklahoma Love 400850300-1

Weather Station -

Burnyeyville Mesonet 

Site

Oklahoma McClain 400871073-1 Goldsby 68

Oklahoma McCurtain 400892001-1 Smithville Site

Oklahoma Mayes 400979014-1 Cherokee Heights 67

Oklahoma Oklahoma 401090033-1 OKC Central-Osdh 72

Oklahoma Oklahoma 401090096-1 Choctaw 72

Oklahoma Oklahoma 401091037-1 OKC North 74

Oklahoma Osage 401139020-1

Oklahoma Ottawa 401159004-1 Quapaw Shelter 65
2-10

State County Name Airs Number 

and POC 

Number

Site Name 

(If Applicable)

2010 EightHour Ozone 

Design Value 

Nonattainment 

Area 

(If Applicable)

Oklahoma Pittsburg 401210415-1

Mcalester Municipal 

Airport 67

Oklahoma Sequoyah 401359015-1 Marble City Shelter

Oklahoma Sequoyah 401359021-1

Oklahoma Tulsa 401430137-1 Tulsa North (Skiatook) 75

Oklahoma Tulsa 401430174-1 Tulsa South 67

Oklahoma Tulsa 401430178-1 Tulsa East 70

Oklahoma Tulsa 401431127-1

North Tulsa - Fire 

Station#24 70

Texas Bell 480271047-1 Killeen Skylark Field

Texas Bexar 480290032-2 San Antonio Northwest 75

Texas Bexar 480290052-1 Camp Bullis 75

Texas Bexar 480290055-1 CPS Pecan Valley

Texas Bexar 480290059-1 Calaveras Lake 67

Texas Bexar 480290622-1 Heritage Middle School

Texas Brazoria 480391004-1 Manvel Croix Park 84 HGB

Texas Brazoria 480391016-1 Lake Jackson 74 HGB

Texas Brewster 480430101-1 Bravo Big Bend 64

Texas Cameron 480610006-1 Brownsville 65

Texas Collin 480850005-1 Frisco 77 DFW

Texas Dallas 481130069-3 Dallas Hinton DFW

Texas Dallas 481130075-1 Dallas North #2 78 DFW

Texas Dallas 481130087-1

Dallas Redbird Airport 

Execut 78 DFW

Texas Denton 481210034-1 Denton Airport South 80 DFW

Texas Denton 481211032-1 Pilot Point 78 DFW

Texas Ellis 481390016-1 Midlothian Ofw 72 DFW

Texas Ellis 481391044-1 Italy 68 DFW

Texas El Paso 481410029-1 Ivanhoe 69

Texas El Paso 481410037-2 El Paso UTEP 71

Texas El Paso 481410044-1 El Paso Chamizal 70

Texas El Paso 481410055-1 Ascarate Park Se 69

Texas El Paso 481410057-1 Socorro 68

Texas El Paso 481410058-1 Skyline Park 71

Texas Galveston 481671034-1 Galveston 99Th Street HGB

Texas Gregg 481830001-2 Longview 74

Texas Harris 482010024-2 Houston Aldine 83 HGB

Texas Harris 482010026-3 Channelview 78 HGB

Texas Harris 482010029-2

Northwest Harris 

County 81 HGB

Texas Harris 482010046-1 Houston North Wayside 71 HGB

Texas Harris 482010047-2 Lang 76 HGB

Texas Harris 482010051-2 Houston Croquet 77 HGB

Texas Harris 482010055-1 Houston Bayland Park 82 HGB
2-11

State County Name Airs Number 

and POC 

Number

Site Name 

(If Applicable)

2010 EightHour Ozone 

Design Value 

Nonattainment 

Area 

(If Applicable)

Texas Harris 482010062-1 Houston Monroe 72 HGB

Texas Harris 482010066-1 Houston Westhollow 75 HGB

Texas Harris 482010070-1 Houston Regional Office 73 HGB

Texas Harris 482010075-1 Houston Texas Avenue 74 HGB

Texas Harris 482010416-1 Park Place 77 HGB

Texas Harris 482011015-1 Lynchburg Ferry HGB

Texas Harris 482011034-2 Houston East 76 HGB

Texas Harris 482011035-3 Clinton 76 HGB

Texas Harris 482011039-1 Houston Deer Park #2 81 HGB

Texas Harris 482011050-1

Seabrook Friendship 

Park 75 HGB

Texas Harrison 482030002-1 Karnack 70

Texas Hays 482090614-1 Dripping Springs School

Texas Hidalgo 482150042-1 Edinburg

Texas Hidalgo 482150043-1 Mission 61

Texas Hidalgo 482151048-1 Mercedes

Texas Hood 482210001-1 Granbury 75

Texas Hunt 482311006-1 Greenville 64

Texas Jefferson 482450009-2 Beaumont Downtown 72

Texas Jefferson 482450011-1 Port Arthur West 74

Texas Jefferson 482450022-1 Hamshire 70

Texas Jefferson 482450101-1

South East Texas 

Regional Planning 

Commission (SETRPC) 40 

Sabine Pass

Texas Jefferson 482450102-1

SETRPC 43 Jefferson Co 

Airport 73

Texas Jefferson 482450628-1 SETRPC Port Arthur 68

Texas Jefferson 482451035-1 Nederland High School 70

Texas Johnson 482510003-1 Cleburne Airport 80 DFW

Texas Kaufman 482570005-1 Kaufman 67 DFW

Texas McLennan 483091037-1 Waco Mazanec 70

Texas Montgomery 483390078-1 Conroe Relocated 71 HGB

Texas Navarro 483491051-1 Corsicana Airport

Texas Nueces 483550025-2 Corpus Christi West 69

Texas Nueces 483550026-1 Corpus Christi Tuloso 71

Texas Orange 483611001-2 West Orange 71

Texas Orange 483611100-1 SETRPC 42 Mauriceville 68

Texas Parker 483670081-1 Parker County 75 DFW

Texas Rockwall 483970001-1 Rockwall Heath 74 DFW

Texas Smith 484230007-1 Tyler Airport Relocated 73

Texas Tarrant 484390075-1 Eagle Mountain Lake 85 DFW

Texas Tarrant 484391002-2 Fort Worth Northwest 79 DFW

Texas Tarrant 484392003-2 Keller 86 DFW
2-12

State County Name Airs Number 

and POC 

Number

Site Name 

(If Applicable)

2010 EightHour Ozone 

Design Value 

Nonattainment 

Area 

(If Applicable)

Texas Tarrant 484393009-1 Grapevine Fairway 82 DFW

Texas Tarrant 484393011-1

Arlington Municipal 

Airport 79 DFW

Texas Travis 484530014-2 Austin Northwest 74

2.2.1.3 References

EPA. “Final Nonattainment Areas for the 2008 Ozone Standards.” Last modified May 1, 2012. 

http://www.epa.gov/airquality/ozonepollution/designations/2008standards/final/final

map.htm.

TCEQ. HGB Attainment Demonstration SIP Revision for the 1997 Eight-Hour Ozone Standard. 

Appendix C: Photochemical Modeling for the HGB Attainment Demonstration SIP. 

March, 10, 2010. http://www.tceq.texas.gov/airquality/sip/HGB_eight_hour.html.

TCEQ. Dallas-Fort Worth Attainment Demonstration State Implementation Plan Revision for 

the 1997 Eight-Hour Ozone Standard. Appendix D: Conceptual Modeling for the DFW 

Attainment Demonstration SIP Revisions for the 1997 Eight-Hour Ozone Standard. 

December 7, 2011. http://www.tceq.texas.gov/airquality/sip/dfw_revisions.html.

2.2.2 Emissions Reductions from EGUs

Texas is not covered under the CAIR for the 1997 eight-hour ozone NAAQS, but is included for 

the 1997 PM2.5 NAAQS. In addition to the annual NOX reductions from the CAIR program, in 

1999, the state implemented a strategy in the eastern part of Texas to reduce NOX emissions 

from EGUs. The control strategies specific to EGUs include:

• utility electric generation in ozone nonattainment areas;

• utility electric generation in east and central Texas; and

• Texas-specific legislation from the 1999 76th session in Senate Bill 7 that requires NOX

reductions through a regional cap and trade program.

These strategies have resulted in significant NOX emissions from EGUs. Figure 2-4: NOX

Emission Trend for Texas EGUs from 1995 through 2011 shows the NOX emission reductions 

from EGUs from 1995 through 2011.
2-13

Figure 2-4: NOX Emission Trend for Texas EGUs from 1995 through 2011

2.2.2.1 CAIR and CSAPR

In March 2005, the EPA issued CAIR to address EGU emissions that transport from one state to 

another. The rule incorporates the use of three cap and trade programs to reduce sulfur dioxide 

(SO2) and NOX: the ozone-season NOX trading program, the annual NOX trading program, and 

the annual SO2 trading program.

Texas was not included in the ozone season NOX program but was included for the annual NOX

and SO2 programs. As such, Texas must make necessary reductions in annual SO2 and NOX

emissions from new and existing EGUs to demonstrate that emissions from Texas do not 

contribute to nonattainment or interfere with maintenance of the PM2.5 NAAQS in another state. 

CAIR consists of two phases for implementing necessary NOX and SO2 reductions. Phase I 

addresses required reductions from 2009 through 2014. Phase II addresses reductions in 2015 

and thereafter. In July 2006, the TCEQ adopted a SIP revision to address how the state would 

meet the emissions allowance allocation budgets for NOX and SO2 established by the EPA to 

meet the federal obligations under CAIR. The TCEQ adopted a second CAIR-related SIP revision 

in February 2010. This revision incorporated various federal rule revisions that the EPA had 

promulgated since the TCEQ’s initial submittal. It also incorporated revisions to 30 Texas 

Administrative Code (TAC), Chapter 101 resulting from legislation during the 80th Texas 

Legislature.

A December 2008 court decision found flaws in CAIR, but kept CAIR requirements in place 

temporarily while directing the EPA to issue a replacement rule. In July 2011, the EPA finalized 

CSAPR to meet FCAA requirements and respond to the court’s order to issue a replacement

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

450,000

500,000

Emissions (Tons per Year)

Texas EGU NOX Emission Trend
2-14

program. Texas was included in CSAPR for ozone season NOX, annual NOX, and annual SO2 due 

to the EPA’s determination that Texas significantly contributes to nonattainment or interferes 

with maintenance of the 1997 eight-hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS in 

other states.

On August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit 

vacated CSAPR. Under the court’s ruling, CAIR will remain in place until the EPA develops a 

valid replacement for CAIR. Therefore, all the requirements in CAIR are federally enforceable 

and all sources that are covered by CAIR must continue to comply with the requirements of the 

program.

2.2.2.2 Utility Electric Generation in Ozone Nonattainment Areas

The rules in 30 TAC Chapter 117, Subchapter C establish NOX emission specifications for utility 

electric generation for each ozone nonattainment area in Texas. These rules apply to each 

electric generating facility that generates electric energy for compensation, or are owned or 

operated by a municipality or Public Utility Commission of Texas (PUCT) regulated utility or 

any of its successors, regardless of whether the successor is a municipality or is regulated by the 

PUCT.

In the HGB area, the owner or operator of each affected utility boiler, auxiliary steam boiler, or 

stationary gas turbine must demonstrate compliance with the NOX emission specifications 

through a system cap and participation in the HGB area Mass Emissions Cap and Trade (MECT)

Program. Affected sources were required to comply with the MECT Program rules beginning 

January 1, 2002, and comply with the system cap requirements by March 31, 2004. Additional 

information about the MECT Program is available in Section 2.2.3.1: HGB Area MECT 

Program.

In the DFW area, each utility boiler that is part of a large system must meet a NOX emission rate 

of 0.033 pound per million British thermal units (lb/MMBtu) heat input, and each utility boiler 

that is part of a small system must meet a NOX emission rate of 0.06 lb/MMBtu heat input. 

Compliance with the NOX emission rates may be demonstrated on a daily average basis, a 

system-wide heat input weighted average basis for utility boilers that are part of a large system, 

or through the use of emission credits. Affected sources were required to comply with the rules 

by March 1, 2009.

In the Beaumont-Port Arthur (BPA) 1997 eight-hour ozone maintenance area, each utility boiler 

must meet a NOX emission rate of 0.10 lb/MMBtu heat input. Compliance with the NOX

emission rates must be demonstrated on a daily average, through the use of a system cap, or 

through the use of emission credits. Affected sources were required to comply with the rules by 

May 1, 2005.

2.2.2.3 Utility Electric Generation in East and Central Texas

The rules in 30 TAC Chapter 117, Subchapter E, Division 1 limit NOX emissions from utility 

electric generation in Atascosa, Bastrop, Bexar, Brazos, Calhoun, Cherokee, Fannin, Fayette, 

Freestone, Goliad, Gregg, Grimes, Harrison, Henderson, Hood, Hunt, Lamar, Limestone, 

Marion, McLennan, Milam, Morris, Nueces, Parker, Red River, Robertson, Rusk, Titus, Travis, 

Victoria, or Wharton Counties. The rules apply to each utility electric power boiler and 

stationary gas turbine (including duct burners used in turbine exhaust ducts) that generate 

electric energy for compensation; is owned by an electric cooperative, independent power 

producer, municipality, river authority, or public utility; and was placed into service before 

December 31, 1995. Utility electric power boilers must meet a NOX emission rate of 0.14 
2-15

lb/MMBtu for gas-fired units and 0.165 lb/MMBtu for coal-fired units. Stationary gas turbines 

(including duct burners used in turbine exhaust ducts) must meet an annual average NOX

emission rate of 0.14 lb/MMBtu for units subject to Texas Utilities Code (TUC), §39.264 (except 

§39.264(i)) or 0.15 lb/MMBtu for units not subject to TUC, §39.264 and units designated in 

accordance with TUC, §39.264(i). Compliance with the NOX emission rates is based on average 

heat input for a calendar year. Affected sources were required to comply with the rules by May 1, 

2005.

2.2.2.4 Senate Bill 7 (76th Texas Legislature)

Senate Bill 7, 76th Texas Legislature session, requires a cap and trade program for previously 

grandfathered or unpermitted, electric generating facilities and other electric generating 

facilities that choose to participate in the cap and trade program. The NOX allowances were 

determined using a NOX rate of 0.14 lb NOX/MMBtu for grandfathered facilities in the East 

Texas region and a NOX rate of 0.195 lb NOX/MMBtu for the grandfathered facilities in the West 

Texas and El Paso regions.

The first control period for this program began on May 1, 2003. The last revision on this rule 

package, 30 TAC Chapter 101, Subchapter H, Division 2, was published in the Texas Register

on September 10, 1999, and the public comment period ended on October 11, 1999. The adopted 

rule package was published in the Texas Register on January 7, 2000. The effective date of the 

rule package was January 11, 2000.

2.2.3 Emission Reductions from Other Sources

Texas has implemented numerous control measures to reduce ozone precursor emissions from a 

variety of sources. These measures have resulted in significant decreases in eight-hour ozone 

design values from 1990 through 2010. This section details some of the controls for major 

stationary sources and regional controls implemented as part of the state’s strategy to address 

the one-hour and 1997 eight-hour ozone standards.

2.2.3.1 HGB Area MECT Program

The MECT Program rules in 30 TAC Chapter 101, Subchapter H, Division 3 established a 

mandatory annual NOX emission cap on all existing stationary sources in the HGB area that 

emit at least 10 tons per year (tpy) of NOX and are subject to the NOX emission specifications in 

30 TAC Chapter 117, Subchapter B, Division 3 and Subchapter C, Division 3. Affected units 

include: utility boilers, auxiliary steam boilers, or stationary gas turbines; industrial, 

commercial, or institutional boilers and process heaters; stationary gas turbines; stationary 

internal combustion engines; fluid catalytic cracking units (including carbon monoxide boilers, 

carbon monoxide furnaces, and catalyst regenerator vents); boilers and industrial furnaces that 

were regulated as existing facilities by the EPA under 40 Code of Federal Regulations Part 266, 

Subpart H (as in effect on June 9, 1993); duct burners used in turbine exhaust ducts; pulping 

liquor recovery furnaces; lime kilns; lightweight aggregate kilns; heat treating furnaces and 

reheat furnaces; magnesium chloride fluidized bed dryers; and incinerators.

The MECT program cap is enforced by the allocation, trading, and banking of allowances. An 

allowance is the equivalent of one ton of NOX emissions. The MECT program cap was 

implemented on January 1, 2002, at historical emission levels, with mandatory NOX reductions 

increasing over time until achieving the final cap by April 1, 2007. All new or modified sources in 

the HGB area must obtain unused allowances from other sources already participating in the 

MECT program to offset any increased NOX emissions.
2-16

2.2.3.2 Cement Kilns

The rules in 30 TAC Chapter 117, Subchapter E, Division 1 limit NOX emissions from cement 

kilns in Bexar, Comal, Ellis, Hays, and McLennan Counties. The rules require cement kilns in 

Bexar, Comal, Hays, and McLennan Counties to reduce NOX emissions 30% below 1996 levels or 

to meet a NOX emissions cap of 6.0 pounds of NOX per ton of cement clinker produced (lb/ton of 

clinker) for wet kilns; 5.1 lb/ton of clinker for dry kilns; 3.8 lb/ton of clinker for preheater kilns; 

and 2.8 lb/ton of clinker for preheater-precalciner or precalciner kilns. Affected sources were 

required to comply with the rules by May 1, 2005.

These rules also require cement kilns in Ellis County to meet a NOX emission ozone-season cap 

based on kiln configuration and production during calendar years 2003 through 2005. The cap 

limits NOX emissions from dry kilns to no more than 1.7 lb/ton of clinker and limits NOX

emissions from wet kilns to no more than 3.4 lb/ton of clinker. Emissions from any kilns 

installed after 2005 must be offset with emission reductions at the site or through emission 

reduction credits. Affected sources were required to comply with the rules by March 1, 2009.

The Ellis County cement kiln cap is part of the May 2007 DFW AD SIP Revision and the TCEQ 

estimates that implementation of these rules results in approximately 9.69 tons per day NOX

emission reductions.

2.2.3.3 East Texas Engines

The rules in 30 TAC Chapter 117, Subchapter E, Division 4 limit NOX emissions from certain 

engines located in Anderson, Brazos, Burleson, Camp, Cass, Cherokee, Franklin, Freestone, 

Gregg, Grimes, Harrison, Henderson, Hill, Hopkins, Hunt, Lee, Leon, Limestone, Madison, 

Marion, Morris, Nacogdoches, Navarro, Panola, Rains, Robertson, Rusk, Shelby, Smith, Titus, 

Upshur, Van Zandt, and Wood Counties. The rules apply to stationary, gas-fired, reciprocating 

internal combustion engines rated 240 horsepower (hp) and larger. Rich-burn gas-fired internal 

combustion engines rated less than 500 hp must limit NOX emissions to 1.0 grams per 

horsepower-hour (g/hp-hr). Rich-burn engines rated 500 hp or greater must limit NOX

emissions to 0.60 g/hp-hr for landfill gas-fired engines or 0.05 g/hp-hr for all other rich-burn 

engines. Affected sources were required to comply with the rules by March 1, 2010.

The East Texas combustion rules reduce NOX emissions and ozone air pollution transport into 

the DFW area. While these rules are part of the May 2007 DFW AD SIP Revision for the 1997 

eight-hour ozone NAAQS, the Northeast Texas Early Action Compact area in east Texas also 

benefits from NOX reductions resulting from the rules. Using photochemical modeling 

sensitivity studies, the TCEQ estimated that implementation of the rules results in an overall 

reduction of approximately 22.4 tons per day of NOX emissions in the 33 counties subject to the 

rules by March 1, 2010. The TCEQ estimated the rules benefit the DFW area by reducing ozone 

by an average of 0.1 to 0.2 parts per billion.

2.2.3.4 HGB Area Highly Reactive VOC (HRVOC) Rules and HRVOC Cap and Trade (HECT) 

Program

The HRVOC rules in 30 TAC Chapter 115, Subchapter H are performance-based, emphasizing 

monitoring, recordkeeping, reporting, and enforcement rather than establishing individual unit 

emission rates. The rules apply to HRVOC emissions from flares, process vents, cooling towers, 

and fugitive emission sources. In addition to the monitoring requirements, affected sources in 

Harris County must meet an annual HRVOC emission cap and a site-wide short-term HRVOC 

limit of 1,200 lb/hour from any flare, vent, pressure relief valve, cooling tower, or any 

combination. Affected sources in Harris County must demonstrate compliance with these 

HRVOC emission limits through participation in the HECT Program.
2-17

The HECT Program rules in 30 TAC Chapter 101, Subchapter H, Division 6 establish a 

mandatory annual HRVOC emission cap on all existing stationary sources in Harris County that 

emit at least 10 tpy of HRVOC emissions and are subject to the HRVOC rules in 30 TAC Chapter 

115, Subchapter H, Divisions 1 and 2. Affected sources include vent gas streams, flares, and 

cooling tower heat exchange systems. The HECT program cap is enforced by the allocation, 

trading, and banking of allowances. An allowance is the equivalent of one ton of HRVOC 

emissions. The HECT program cap was implemented on January 1, 2007, at historical emission 

levels. All new or modified sources in the HGB area must obtain unused allowances from other 

sources already participating in the HECT program to offset any increased HRVOC emissions.

The HECT program was revised in 2009 to reduce the total HECT cap by 25% and revise the 

HRVOC allocation methodology to address inequities from the initial allocation. An initial 10% 

reduction of the existing available cap of 3,451.5 tons will occur with the 2014 calendar-year 

control period. The available cap will then be reduced in 5% increments at the start of each 

calendar-year control period for 2015, 2016, and 2017. Photochemical modeling analysis 

demonstrates that a 25% reduction of the total HRVOC cap in Harris County will advance 

attainment of the 1997 eight-hour ozone NAAQS by reducing the future 2018 ozone design 

values at all HGB monitors by an average of 0.13 parts per billion.

2.2.4 1997 Eight-Hour Ozone SIP Revisions Adopted Since 2008

Texas has 1997 eight-hour ozone SIP revisions in place for the HGB area and the DFW area, as 

well as maintenance plans for BPA, Victoria (VIC), and El Paso. EAC SIP revisions for the 1997 

eight-hour ozone standard were developed for the Austin-Round Rock (ARR) area, the 

Northeast Texas (NETX) area, and the San Antonio area. In addition to these SIP revisions, a

1997 Eight-Hour Ozone Flex Program is in place for ARR and Corpus Christi. One-Hour Ozone 

SIP revisions were developed for HGB, DFW, BPA, NETX, and the Central and East Texas 

Region, as well as One-Hour Ozone Flexible Agreements for Austin-San Marcos and Corpus 

Christi.

Texas’ 1997 eight-hour ozone SIP revisions and one-hour ozone SIP revisions adopted prior to 

2008 were described in detail in the previous ozone transport SIP revision to address the 1997 

eight-hour ozone standard, adopted on April 16, 2008. The 1997 eight-hour ozone transport SIP

revision and all other Texas SIP revisions are available on the Texas SIP Revisions Web page 

(http://www.tceq.texas.gov/airquality/sip/sipplans.html).

Since 2008, Texas has adopted several additional SIP revisions to address the 1997 eight-hour 

ozone standard in HGB, DFW, BPA, and VIC. An Eight-Hour Ozone Flex Plan was also 

developed for the ARR area. These latest SIP revisions and plans are detailed in this section.

2.2.4.1 HGB 1997 Eight-Hour Ozone SIP Revisions

On March 10, 2010, the commission adopted two revisions to the Texas SIP for the HGB severe 

nonattainment area. The HGB AD SIP Revision for the 1997 Eight-Hour Ozone Standard 

includes a photochemical modeling analysis and a weight of evidence analysis to demonstrate 

attainment of the 1997 eight-hour ozone NAAQS by the June 15, 2019, deadline. This SIP 

revision also includes a motor vehicle emissions budget (MVEB), a VOC and NOX Reasonably 

Available Control Technology (RACT) analysis, a Reasonably Available Control Measures 

(RACM) analysis, and a contingency plan. In addition, the AD SIP revision incorporated

revisions to 30 TAC Chapters 101 and 115, also adopted on March 10, 2010, which include the 

MECT Program Cap Integrity, the HECT Program Cap Reduction and Allowance Reallocation, 

and the VOC Control Techniques Guidelines (CTG) Update.
2-18

The HGB Reasonable Further Progress (RFP) SIP Revision for the 1997 Eight-Hour Ozone 

Standard, as required by the EPA, demonstrates that an 18% emissions reduction requirement 

will be met for the analysis period between 2002 through 2008 and an average of 3% per year 

emissions reduction between each of the milestone years 2008, 2011, 2014, 2017, and 2018. This 

SIP revision establishes baseline emission levels, calculates reduction targets, identifies control 

strategies to meet emission target levels, and tracks actual emission reductions against 

established emissions growth. This revision also includes an MVEB for each milestone year and 

a contingency plan.

On December 7, 2011, the commission adopted the HGB RACT Analysis Update SIP Revision for 

the 1997 Eight-Hour Ozone Standard to include CTG documents that were not addressed in the 

March 2010 HGB AD SIP Revision for the 1997 Eight-Hour Ozone Standard. This SIP revision 

also incorporated CTG-related rulemaking for the HGB area.

2.2.4.2 DFW 1997 Eight Hour Ozone SIP Revisions

On July 14, 2008, the EPA proposed conditional approval (73 FR 40203) of the May 2007 DFW 

AD SIP Revision, providing that final conditional approval was contingent upon Texas adopting 

and submitting to the EPA an approvable contingency plan SIP revision for the DFW area. The 

Contingency Plan SIP Revision was adopted by the commission on November 5, 2008, and 

submitted to the EPA on November 15, 2008. The Contingency Plan SIP revision identified 

measures to satisfy the EPA’s 3% reduction contingency requirement for 2010 for the DFW area, 

to apply in the event that the DFW area failed to meet the 1997 eight-hour ozone standard by the 

attainment deadline. On January 14, 2009, the EPA published final conditional approval of the 

DFW AD SIP revision (74 FR 1903).

A condition stipulated by the EPA for final approval of the May 2007 DFW AD SIP Revision was 

that the TCEQ adopt and submit rule and SIP revisions to implement an enforceable mechanism 

to limit the use of Discrete Emissions Reduction Credits (DERC) in the DFW area by March 1, 

2009. The DERC Program SIP Revision incorporated rulemaking that amends 30 TAC Chapter 

101, Subchapter H, Division 4, Discrete Emission Credit Banking and Trading, to limit DERC 

use in the DFW area.

On March 10, 2010, the commission adopted the DFW RACT Update, 30 TAC Chapter 117 Rule 

Revision Noninterference Demonstration, and Modified Failure-to-Attain Contingency Plan SIP 

Revision. The RACT Update SIP Revision incorporated several actions adopted by the TCEQ, 

including 30 TAC Chapter 115 and Chapter 117 rule revisions, and supplemented the 1997 eighthour ozone AD by demonstrating that the revised Chapter 117 rule does not interfere with the 

DFW AD SIP Revision.

On December 7, 2011, the commission adopted two revisions to the Texas SIP for the DFW 

serious nonattainment area. The DFW AD SIP revision provides photochemical modeling and 

weight of evidence analyses to demonstrate that the DFW nine-county serious nonattainment 

area will attain the 1997 eight-hour ozone standard by the June 15, 2013, attainment deadline. 

The AD SIP revision includes a RACT analysis, a RACM analysis, a MVEB for 2012, and a 

contingency plan. Concurrent with this SIP revision, the commission adopted revisions to 30 

TAC Chapter 115 into the Texas SIP.

The DFW RFP SIP revision provides analyses of incremental reductions in ozone precursors, 

NOX and VOC, from a 2002 base year out to attainment of the 1997 eight-hour ozone standard 

as well as updated emissions inventories and MVEBs for the 2011 and 2012 milestone years.
2-19

2.2.4.3 BPA 1997 Eight-Hour Ozone Redesignation to Attainment and Maintenance Plan

On December 10, 2008, the commission adopted the BPA Redesignation Request and 

Maintenance Plan SIP revision for the 1997 eight-hour ozone standard. On October 20, 2010, 

the EPA published a final rule in the Federal Register (75 FR 64675), effective November 19, 

2010, approving the redesignation request and maintenance plan and finalizing a determination 

that the BPA area is in attainment of the revoked one-hour ozone standard. With redesignation 

to attainment for the 1997 eight-hour ozone standard and a determination of attainment for the 

one-hour ozone standard, no new ozone reduction strategies will have to be developed for either 

standard as long as the area continues to monitor ozone levels below the 1997 eight-hour ozone 

standard; however, current strategies to reduce ozone in the BPA area will remain in place.

2.2.4.4 VIC 1997 Eight-Hour Ozone Contingency Plan SIP Revision

In early 2009, EPA Region 6 staff informed the TCEQ that to approve the Victoria County 1997 

Eight-Hour Ozone Maintenance Plan adopted in March 2007, the contingency plan had to be 

revised to contain an enforceable commitment to adopt and implement the contingency 

measures once they are triggered. On July 28, 2010, the commission adopted the Contingency 

Plan SIP Revision for the VIC area.

2.2.4.5 ARR 1997 Eight-Hour Ozone Flex Plan

On June 18, 2008, the commission approved the Austin-Round Rock Eight-Hour Ozone Flex 

Plan and Memorandum of Agreement. Stakeholders involved in this plan are Bastrop, Caldwell, 

Hays, Travis, and Williamson Counties; the cities of Austin, Bastrop, Elgin, Lockhart, Luling, 

Round Rock, and San Marcos; the TCEQ; and the EPA. The Eight-Hour Ozone Flex program is 

one in a series of regional initiatives and builds on the region’s previous plans: the One-Hour 

Ozone Flex program and the EAC. These voluntary initiatives allow the region to address 

regional ozone problems proactively to maintain the 1997 eight-hour ozone standard.

2.3 CONTROL STRATEGY CONCLUSIONS

Overall, monitoring data do not suggest that emissions from Texas contribute significantly to 

nonattainment or interfere with maintenance of the 2008 eight-hour ozone NAAQS for areas in 

any other state. Additionally, Texas has numerous control measures in place to address ozone 

precursor emissions and all are federally enforceable through SIP revisions. These measures 

have resulted in significant decreases in eight-hour ozone design values from 1990 through 

2010, with much of the decreases occurring from 2000 through 2010. With implementation of 

the 2008 ozone standard, decreases in design values are expected to continue.
3-1

CHAPTER 3: FUTURE REVISIONS TO THE NATIONAL AMBIENT AIR QUALITY 

STANDARDS (NAAQS)

Federal Clean Air Act (FCAA), §110(a)(1) requires states to submit state implementation plans 

within three years after the promulgation of new or revised NAAQS to meet the requirements of 

FCAA, §110(a)(2), including FCAA, §110(a)(2)(D)(i)(I), relating to interstate transport. 

Therefore, if the NAAQS are revised in the future, the Texas Commission on Environmental 

Quality will need to take the adequate steps relating to the interstate transport of air pollution.
1

RESPONSE TO COMMENTS RECEIVED REGARDING FEDERAL CLEAN AIR ACT

(FCAA), SECTION 110(a)(1) AND (2) INFRASTRUCTURE AND TRANSPORT STATE 

IMPLEMENTATION PLAN (SIP) REVISION FOR THE 2008 OZONE NATIONAL 

AMBIENT AIR QUALITY STANDARDS (NAAQS)

The Texas Commission on Environmental Quality (TCEQ) held a public hearing for the proposed 

SIP revision on September 25, 2012, at 10:00 a.m. at the TCEQ Headquarters in Austin. The 

Austin Area Council of Governments (AACOG) provided oral comments concerning the SIP 

revision.

The public comment period opened on August 24, 2012, and closed on September 28, 2012. The 

commission received written comments from the United States Environmental Protection 

Agency (EPA), Public Citizen, and four individuals.

TABLE OF CONTENTS

Table of Contents .............................................................................................................................1

General Comments...........................................................................................................................1

Power Plants.................................................................................................................................... 2

Greenhouse Gas (GHG) Permitting ................................................................................................ 2

Adequacy of Controls as Required by FCAA, §110(a)(1) and (a)(2)(A)........................................... 3

Compliance with The FCAA ............................................................................................................ 4

Title 30 Texas Administrative Code (TAC) Rules for Addressing FCAA, §110(a)(2)(D)(i)(II).........7

Funding and FCAA, §110(a)(2)(E) .................................................................................................. 8

Emissions Inventory Development................................................................................................. 9

Authority of the TCEQ to Revise the Texas SIP .............................................................................10

Interstate Transport and FCAA, §110(a)(2)(D)(i)(I)...................................................................... 11

GENERAL COMMENTS

Public Citizen commented that its experiences working to develop local clean air plans that are 

subsequently dismissed and replaced by the TCEQ with far weaker, inadequate plans have been 

disappointing.

This comment is beyond the scope of this SIP revision. The purpose of this SIP 

revision is to demonstrate how Texas meets the infrastructure requirements of 

FCAA, §110(a), including the interstate transport requirements of FCAA, 

§110(a)(2)(D)(i)(I), for the 2008 eight-hour ozone NAAQS. The infrastructure and 

transport demonstration explains how existing Texas statutes and rules will allow 

the state to meet its obligations under the FCAA. This SIP revision is not an 

attainment demonstration, but a demonstration that basic program elements have 

been addressed for the 2008 ozone NAAQS.

One individual mentioned the availability of clean-up systems for storm water runoff.

The issue of storm water runoff is beyond the scope of this SIP revision. This SIP 

revision is an air quality plan intended to meet FCAA requirements for ozone 

infrastructure and transport. 
2

POWER PLANTS

Public Citizen commented that it has participated or advised 16 groups that were fighting coal 

plants in Texas, and that the TCEQ permitted plants with emissions large enough to affect 

nonattainment areas. Public Citizen commented that these plants were permitted without 

adequate analysis and credible outside analysts were ignored, resulting in the deterioration of, or 

failure to improve, air quality. Public Citizen also commented that the TCEQ rejected the EPA’s 

request for modeling for the White Stallion plant, and although it is next to the worst 

nonattainment area in the state, the TCEQ did not hesitate to permit a large source near an area 

with ozone problems. Additionally, one individual requested a public meeting concerning the Las 

Brisas power plant and a contested case hearing in Corpus Christi, Texas. Another individual also 

requested a public meeting and contested case hearing in Corpus Christi, Texas. One individual 

commented that coal burning is the subject of many lawsuits and they disagree that burning coal 

for power is safe. 

These comments are beyond the scope of this SIP revision. The purpose of this SIP 

revision is to demonstrate how Texas meets the infrastructure requirements of 

FCAA, §110(a), including the interstate transport requirements of FCAA, 

§110(a)(2)(D)(i)(I), for the 2008 eight-hour ozone NAAQS. The infrastructure and 

transport demonstration explains how existing Texas statutes and rules will allow 

the state to meet its obligations under the FCAA. Therefore, issues concerning the 

White Stallion plant and the proposed Las Brisas Energy Center are beyond the 

scope of this SIP revision. Because this SIP revision does not include any 

information on the proposed Las Brisas Energy Center, nor does it specifically 

address controls in Corpus Christi, a public meeting was not conducted in Corpus 

Christi, Texas. Rather, because this SIP revision is a statewide plan for Texas, a 

public hearing was held in Austin, Texas.

Power plants are discussed in this SIP revision with respect to electric generating 

units (EGU) in Section 2.2.2: Emissions Reductions from EGUs. The SIP revision 

discusses existing control strategies specific to EGUs including: annual nitrogen 

oxides (NOX) reductions from the Clean Air Interstate Rule (CAIR), utility electric 

generation in ozone nonattainment areas (30 TAC Chapter 117, Subchapter C), 

utility electric generation in east and central Texas (30 TAC Chapter 117, 

Subchapter E, Division 1), and Texas-specific legislation from the 1999 76th 

legislative session in Senate Bill 7 that requires NOX reductions through a regional 

cap and trade program. This SIP revision does not include any information about 

the safety of coal-burning power plants or any related lawsuits. 

GREENHOUSE GAS (GHG) PERMITTING

The EPA commented that it recently promulgated regulations for GHG permitting under the 

Prevention of Significant Deterioration (PSD) program. Because PSD under the FCAA applies to 

each newly regulated pollutant, including non-NAAQS pollutants, a state's PSD SIP must also 

apply permitting requirements for GHG emissions for the EPA to determine the PSD-related 

infrastructure elements of §110(a)(2) are sufficient.

No changes were made in response to this comment. Infrastructure SIP 

demonstrations are a requirement of §110(a)(1), which specifically requires each 

state to submit a plan demonstrating that it has all the required elements to ensure 

that the NAAQS can be implemented, maintained, and enforced. The EPA has failed 
3

to offer any rationale for why the implementation of GHG permitting is necessary 

or required for the implementation, maintenance, or enforcement of the 2008 

eight-hour ozone NAAQS. Therefore, the commission disagrees that Texas is 

required to have an approved GHG PSD permitting program in place to have an 

infrastructure SIP revision that is complete for the purposes of attaining and 

maintaining the 2008 eight-hour ozone NAAQS. Furthermore, GHG PSD 

permitting in Texas is currently under the control of the EPA through a federal 

implementation plan (FIP) specifically imposed by the EPA to ensure that GHG PSD

permitting could occur in Texas. The imposition of the FIP fills any perceived hole 

in the Texas SIP, and therefore, the Texas infrastructure SIP should be considered 

complete and approvable. Lastly, Texas is currently litigating the EPA’s position 

that implementation of GHG is necessary or required for the implementation, 

maintenance, or enforcement of the ozone and PM NAAQS. Therefore, the 

commission may consider this issue further based on the outcome of the litigation.

ADEQUACY OF CONTROLS AS REQUIRED BY FCAA, §110(a)(1) AND (a)(2)(A)

The AACOG questioned whether adequate controls and emission limitations are in place as 

required by §110(a)(2)(A) for the San Antonio-New Braunfels Metropolitan Statistical Area

(MSA). San Antonio, designated attainment in 2008, was “the largest city in the United States in 

full compliance with all federal air quality standards.” However, on August 21, 2012, the area 

experienced a series of ozone exceedances that resulted in a violation of the 2008 ozone 

standard, with a preliminary 2012 design value of 80 parts per billion (ppb). The AACOG 

commented that the population of the MSA is expected to grow by 41% from 2010 to 2040, and 

oil and gas extraction in the Eagle Ford Shale has continued to develop. The AACOG also 

commented that there are no regional limits on NOX permitted by the TCEQ for small sources 

such as oil and gas extraction. Public Citizen commented there are three areas monitoring above 

the 2008 ozone standard and that Texas is not meeting FCAA requirements due to lack of 

regional limits on NOX emissions, especially for small sources like oil and gas, and lack of 

photochemical modeling requirements for permitting of large sources, like coal plants close to 

near-nonattainment and nonattainment areas. Public Citizen also commented that there is no 

thorough analysis of whether the existing control measures are sufficient to meet the 

requirements of §110(a)(1). Finally, Public Citizen commented that the TCEQ has specific 

authority to create districts to protect air quality under Texas Health and Safety Code, §382.012, 

State Air Control Plan, and §382.013, Air Quality Control Regions.

The purpose of this SIP revision is to demonstrate how Texas meets the

infrastructure requirements of FCAA, §110(a), including the interstate transport 

requirements of FCAA, §110(a)(2)(D)(i)(I), for the 2008 eight-hour ozone NAAQS.

The infrastructure demonstration explains how existing Texas statutes and rules 

will allow the state to meet its obligations under the FCAA. This SIP revision is not 

an attainment demonstration but a demonstration that basic program elements 

have been addressed for the 2008 eight-hour ozone NAAQS. Attainment 

demonstration SIP revisions will be developed for any Texas areas designated as 

moderate or above nonattainment of the 2008 eight-hour ozone NAAQS. Those SIP 

revisions will be developed with appropriate stakeholder input and will undergo 

separate notice and comment rulemaking procedures. At that time, the TCEQ will 

develop appropriate rules and control measures to bring those areas into 

attainment by the appropriate attainment deadlines. This infrastructure and 

transport SIP revision simply demonstrates that Texas has the appropriate 
4

statutory and regulatory authority to develop necessary rules and control measures 

so that all areas of the state can either maintain the standard or meet and then 

attain the standard in the future.

The TCEQ agrees with Public Citizen that it has authority under Texas Health and 

Safety Code, §382.012 to “prepare and develop a general, comprehensive plan for 

the proper control of the state’s air” and §382.013 to “designate air quality control 

regions based on jurisdictional boundaries, urban-industrial concentrations, and 

other factors, including atmospheric areas, necessary to provide adequate 

implementation of air quality standards.” The SIP revision references the Texas 

Clean Air Act, Texas Health and Safety Code, Chapter 382, except Subchapter 1, in 

both Section V-A: Legal Authority and Section V-D-1: Infrastructure 

Demonstration for the 2008 Ozone National Ambient Air Quality Standards.

COMPLIANCE WITH THE FCAA

Public Citizen commented that the SIP revision does not meet the requirements of §110(a)(2)(C) 

due to lack of enforcement and failure to assess adequate penalties. Public Citizen also 

commented that permitting protections for attainment areas are inadequate, and although the 

EPA has not issued required photochemical modeling or region-wide limits on permitting of NOX

emission, the TCEQ has a responsibility to do this.

The TCEQ has the enforcement and permitting authority in place insofar as the 

agency has been given such jurisdiction from the state legislature. Whether or not 

Public Citizen agrees with the ways in which the TCEQ exercises such authority is a 

different issue that is beyond the scope of this SIP revision.

The EPA commented that §110(a)(2)(D)(ii) of the FCAA requires compliance with §115 of the 

FCAA, relating to interstate and international pollution abatement. Section 115 addresses 

endangerment of public health or welfare in foreign countries from pollution emitted in the 

United States. The EPA requested more discussion on how Texas complies with §115(c) of the 

FCAA.

Pursuant to §115(a), the EPA has not made TCEQ aware of submissions indicating 

reports, surveys, or studies from any duly constituted international agency 

regarding air pollution emitted in Texas, which may reasonably be anticipated to 

endanger public welfare or health in Mexico. Furthermore, under §115(a), based on 

information available to the TCEQ, the EPA has not been requested by the United 

States Secretary of State to issue formal notification to Texas that any emissions 

originating in the state are endangering public health or welfare in Mexico. In the 

absence of such a finding and notification, Texas has no obligations to address the 

endangerment of public health or welfare in Mexico under §115. Should Texas 

receive such a finding from the EPA in the future, the appropriate remedy would be 

a SIP revision to correct the endangerment, as specified in §115(b). As discussed in 

the infrastructure SIP, Texas has the proper authority and procedures in place to 

make revisions to its SIP when necessary. No changes were made to the SIP 

revision in response to this comment.

The TCEQ is unclear about the EPA’s concern with how Texas complies with 

§115(c), given that this section only concerns applicability of foreign countries.
5

The EPA commented that §126(a) of the FCAA requires new or modified sources to notify 

neighboring states of potential impacts from such sources. Section 126(b) of the FCAA affects a 

state only if the EPA has been petitioned to make a finding of violation that is related to either 

interstate transport or international transport of emissions from sources in the state. The EPA 

requested further discussion on how Texas complies with §126.

The Texas SIP requires that each major proposed new or modified source provide 

such notification (see 67 FR 58697). The state also has no pending obligations 

under §126 of the FCAA. The EPA has previously approved Texas’ infrastructure 

SIP for §110(a)(2)(D)(ii), except as regarding GHG (see 76 FR 81371). The EPA’s 

rationale for this approval can be found in the September 22, 2011, EPA Technical 

Support Document on the 1997 ozone and PM2.5 and 2006 PM2.5 infrastructure and 

transport SIP, Docket ID EPA-R06-OAR-2008-0638, page 16. Quoting EPA 

analysis:

Section 126 of the Act addresses interstate pollution abatement and section 

126(a) requires that each applicable implementation plan shall require each 

major proposed new or modified source to notify neighboring states of 

potential impacts from the source. The Texas SIP addresses section 126 of 

the Act under their PSD rules at 30 TAC 116, Division 3 (Public Notice). 

Specifically, 30 TAC 116.131 provides that public notice be provided “[...] for 

any permit subject to the FCAA, Title I, Part C or D, or to Title 40 Code of 

Federal Regulations (CFR), Part 51.165(b).” Furthermore, the rules at 30 

TAC 116.134 provide that “[...] the permit applicant shall furnish a copy of 

such notices and date of publication to [...] the air pollution control agency of 

any nearby state in which air quality may be adversely affected by the 

emissions from the new or modified facility.” These rules were adopted into 

the Texas SIP on September 18, 2002 (67 FR 58709) and address section 

126(a)(1)(A) and (B) of the Act. Section 126(b) of the Act provides that any 

state or political subdivision may petition the Administrator for a finding 

that any major source or group of stationary sources emits or would emit 

any air pollutant in violation of the prohibition of section 110(a)(2)(D)(ii) of 

this title or this section. Within 60 days after receipt of any petition under 

this subsection and after public hearing, the Administrator shall make such a 

finding or deny the petition. We have not been made aware of any such 

pending actions pursuant to CAA section 126(b), thus we are proposing that 

the Texas SIP meets this portion of section 110(a)(2)(D)(ii). We are 

proposing that the Texas SIP meets the requirements of section 

110(a)(2)(D)(ii).

Texas agrees that it meets the requirements of §110(a)(2)(D)(ii) and disagrees with 

the EPA’s previous disapproval of this section for GHG. The EPA has failed to offer 

a rational explanation of why GHG PSD permitting is necessary for attaining or 

maintaining any NAAQS, including ozone or PM2.5. As noted previously, Texas is 

currently litigating the EPA’s final partial disapproval regarding the 

implementation of GHG permitting in Texas as it relates to infrastructure 

requirements. No changes were made to the SIP revision in response to this 

comment.
6

The EPA requested more discussion of how Texas' SIP complies with the conflict of interest 

provisions of §128 to satisfy the infrastructure SIP requirements of §110(a)(2)(E)(ii) of the FCAA.

The infrastructure demonstration states for §110(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 EPA has acknowledged 

this authority previously when it approved this portion of the Texas infrastructure 

SIP demonstration for the 1997 ozone and PM2.5 and 2006 PM2.5 NAAQS. Although 

infrastructure SIP revisions are NAAQS specific, the requirements of §110(a)(2)(E), 

specifically, are the same regardless of the criteria pollutant at issue. The EPA

discussed its proposed approval of this section of the Texas ozone and PM2.5

infrastructure SIP in the EPA’s September 22, 2011, Technical Support Document, 

Docket ID EPA-R06-OAR-2008-0638, page 18. Quoting EPA analysis:

The TCEQ commissioners take final action on Texas state rules and their 

eligibility to serve as commissioner is subject to Section 128 of the FCAA. 

Section 128 requires 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 under this chapter, 

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 adequately 

disclosed. The three commissioners of the TCEQ are appointed by the 

governor to represent the general public and their suitability and conduct 

are prescribed by the Texas Water Code (TWC). The state rules that address 

Section 128 of the FCAA are found in the TWC, Title 2 (Water 

Administration), Subtitle A (Executive Agencies), Chapter 5 (Texas Natural 

Resource Conservation Commission), Subchapter C (Texas Natural Resource 

Conservation Commission), Section 5.053: Eligibility for Membership; 

Section 5.054: Removal of Commission Members; Section 5.059: Conflict of 

Interest; Section 5.060: Lobbyist Prohibition; and Subchapter D (General 

Powers and Duties of the Commission), Section 5.111: Standards of Conduct. 

In 1981, the EPA approved into the SIP the Standards of Conduct of State 

Officers and Employees (Texas Revised Civil Statute Annotated, Article 6252-

9b) (46 FR 61124). The current TWC rules retain the standards of conduct for 

state officers and employees approved in 1981. We are proposing that the 

Texas SIP meets the requirements of section 110(a)(2)(E).

Texas agrees that it meets the requirements of §110(a)(2)(E)(ii). No changes were 

made to the SIP revision in response to this comment.

Public Citizen commented that the SIP does not meet the requirements of §110(a)(2)(M) due to a 

lack of a SIP advisory group and the TCEQ’s rebuffing of requests and plans from local 

jurisdictions and advisory groups to address these requirements. Public Citizen also commented 

it is insufficient to merely provide an opportunity for public comment that is routinely ignored.
7

Section V-D-1: Infrastructure Demonstration for the 2008 Ozone National 

Ambient Air Quality Standards of the SIP revision references Texas Water Code, 

§5.107, Advisory Committees, Work Groups, and Task Forces. Under §5.107, the 

TCEQ is authorized to create and consult with advisory committees, work groups, 

or task forces, and does so when appropriate and necessary. Regarding public 

participation, the legal requirement is to provide a period for public comment;

however, there is not a requirement to implement all comments or suggestions.

The Texas Administrative Procedures Act (APA) governs rulemaking procedures in 

Texas.1 SIP revisions, and rules associated with them, must also comply with the 

FCAA and federal regulations as defined in the Code of Federal Regulations (CFR).2

Although the Texas APA requires an agency to fully consider all oral and written 

comments on a proposed rule,3 it does not prescribe the manner in which an 

agency shall respond to such comments. The TCEQ routinely responds in writing to 

all substantive comments received on SIP revisions and associated rules. The 

response typically details why the commission did or did not make changes in 

response to such comments.

TITLE 30 TEXAS ADMINISTRATIVE CODE (TAC) RULES FOR ADDRESSING 

FCAA, §110(a)(2)(D)(i)(II)

The EPA commented that on page xi of the proposal addressing §110(a)(2)(D) of the FCAA the 

TCEQ cross-references its discussion on §110(a)(2)(C) and relevant rules for meeting federal 

requirements. The EPA requested a more comprehensive listing of relevant rules in 30 TAC that 

address the federal requirements in §110(a)(2)(D)(i)(II). As written, the TCEQ states that 

Chapter 101, General Air Quality Rules and Chapter 122, Subchapter E, Division 2, Clean Air 

Interstate Rule of 30 TAC are the only relevant rules for meeting the requirements of 

§110(a)(2)(D)(i).

The commission confirms that 30 TAC Chapter 101, General Air Quality Rules and 

Chapter 122, Subchapter E, Division 2, Clean Air Interstate Rule are the relevant 

rules for meeting the infrastructure and transport requirements of §110(a)(2)(D)(i) 

including §110(a)(2)(D)(i)(II). FCAA, §110(a)(2)(D)(i)(II) requires that the SIP 

contain adequate provisions prohibiting any source or type of emissions activity 

within the state from emitting air pollutants in amounts that will interfere with 

another state’s SIP measures for preventing significant deterioration of air 

quality or to protect visibility. Texas also has SIP-approved rules for PSD, as 

required by the FCAA.4 These rules are found in 30 TAC Chapter 116. Additionally,

Texas has SIP-approved source-specific rules in 30 TAC Chapters 115 and 117 that 

require NOX and volatile organic compounds (VOC) controls.

 1 TEX. GOV’T CODE ANN. §§ 2001.001 et seq.

2 See 40 CFR Part 51, Subpart F.

3 TEX. GOV’T . CODE ANN. § 2001.029.

4 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 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 §110(a)(2).
8

In addition to the general air quality rules in 30 TAC Chapter 101 and the CAIR 

rules in 30 TAC Chapter 122, Texas submitted a Regional Haze SIP revision to the 

EPA on March 19, 2009. Regional haze program requirements include progress 

reports due to the EPA in 2014 and every five years thereafter, to demonstrate 

progress toward the visibility goal. Another Regional Haze SIP is due in 2018 and 

every 10 years thereafter, through 2064. Furthermore, the EPA has already 

approved Texas’ infrastructure and transport SIP for §110(a)(2)(D)(i)(II) for the 

1997 eight-hour ozone and PM2.5 NAAQS, and the 2006 PM2.5 NAAQS, except as 

regards GHG PSD permitting requirements (see 76 Federal Register 58748, at 

58755 (September 22, 2011)). Texas agrees that it meets the requirements of 

§110(a)(2)(D)(ii), and disagrees with EPA’s previous disapproval of this section for 

GHGs. The EPA has failed to offer a rational explanation of why GHG PSD 

permitting is necessary for attaining or maintaining any NAAQS, including either 

the 1997 or the 2008 eight-hour ozone standards. In response to this comment, the 

commission has expanded the list of relevant rules to include 30 TAC Chapters 115, 

116, and 117.

FUNDING AND FCAA, §110(a)(2)(E)

The AACOG commented that local efforts are underway to address recent ozone exceedances in 

the San Antonio-New Braunfels MSA but questioned whether the SIP revision meets the 

requirements of §110(a)(2)(E)(i) to provide “necessary assurances that the state will have 

adequate personnel, funding, and authority under state law to carry out” the SIP. The AACOG 

mentioned TCEQ funding cuts as well as local air quality planning funding cuts in the AACOG 

region.

Public Citizen commented that the SIP may not meet the requirements of §110(a)(2)(E) because 

the TCEQ is spending half as much on air quality in the current fiscal year and biennium than the 

previous year. Public Citizen also commented that the Texas Emissions Reduction Plan (TERP), 

one of the largest emission reduction measures for several areas resulting in over 3 tons per day 

(tpd) of NOX reductions, is underfunded by $50 million. The TCEQ has failed to request full 

funding and an exceptional item to recover some or all of the $601 million in sequestered TERP 

funding to meet early SIP commitments. Public Citizen also mentioned that TCEQ staff has 

routinely informed them that they “don’t have the resources” to assist with emissions inventory 

projects or other analysis to assist committees like the North Central Texas Clean Air Working 

Group.

Part of the TCEQ’s role is to determine how to appropriately distribute resources. 

Like all agencies, the TCEQ prioritizes the allocation of resources to items that 

require the most attention and that does not always align with the needs and 

requests of local areas.

Section 110(a)(2)(E) requires that the TCEQ ensure that it has adequate resources 

to carry out its responsibilities under the SIP and that any local jurisdiction upon 

which any portion of the SIP relies has adequate resources to carry out its 

responsibilities. The TCEQ works with local governments and other stakeholders 

during the SIP development process to assess all measures to be included in the SIP 

that will be implemented at the local level. After the SIP development process is 

completed, the TCEQ continues to provide support to local governments by 

participating in local air quality planning committees and through the general 
9

conformity and transportation conformity processes. Further, through the Rider 8 

program, the TCEQ administers grant funding and provides technical and planning 

assistance to specified local governments that are attaining the 2008 eight-hour 

ozone standard to assist them in their efforts to maintain their attainment status.

The TERP appropriation was reduced by about $50 million per fiscal year from the 

last biennium. Funding decisions are made by the legislature, which determines

the priority for TERP funding, not the TCEQ. However, the current TERP 

appropriations and associated emission reductions are still significant in 

addressing mobile source emissions. The TERP projects funded to date (from the 

beginning of the program in 2001 through August 31, 2012) are projected to result 

in NOX reductions of around 60 tpd in the TERP-eligible counties.

The commission disagrees that the Texas SIP may not meet the requirements of 

§110(a)(2)(E) or that specific equivalent funding is necessary every year. The EPA 

has not adopted rules that require a specific amount of funding to be spent on air 

quality programs. Instead, states are obligated to assess their programs and 

funding to assure that they have adequate resources to meet their FCAA

obligations. Furthermore, the EPA has already approved Texas’ infrastructure and 

transport SIP demonstration for §110(a)(2)(E) for the 1997 eight-hour ozone and 

PM2.5 NAAQS and 2006 PM2.5 NAAQS.

In response to this comment, discussion of how Texas meets the requirements of 

§110(a)(2)(E), on page xii of the SIP revision narrative, has been revised.

EMISSIONS INVENTORY DEVELOPMENT

The AACOG commented that it will continue with minimal resources in partnership with the 

TCEQ to create an Eagle Ford Shale ozone precursor emissions inventory. Based on recent ozone 

violations in the San Antonio MSA, the AACOG requested that resources be devoted to the Eagle 

Ford Shale emissions inventory on the scale devoted to the Barnett Shale emissions inventory 

work. Public Citizen commented that the San Antonio area has become a nonattainment area, 

possibly resulting from air emissions that occurred because the TCEQ has failed to put forth even 

minimal effort in the Eagle Ford Shale.

The purpose of this SIP revision for ozone infrastructure and transport is to meet 

the infrastructure requirements of the FCAA, §110(a), including the emissions 

reporting requirements of FCAA, §110(a)(2)(F). The infrastructure and transport 

demonstration explains how existing Texas statutes and rules will allow the state to 

meet those requirements. Specific issues concerning emissions inventory work in 

the Eagle Ford Shale are beyond the scope of this SIP revision.

The TCEQ will continue to partner with the AACOG through the Rider 8 grant 

program to support its work on the Eagle Ford Shale emissions inventory. The 

TCEQ also continues to monitor the Eagle Ford Shale by conducting flyovers of the 

area with infrared cameras, conducting investigations, and developing emissions 

inventories for all source categories including the oil and gas sector in these 

counties. The TCEQ has also made compliance information and tools available to 

the oil and gas industry at the Oil & Gas Facilities: Compliance Resources Web 

page.
10

Public Citizen commented that the TCEQ has tried and failed to complete detailed equipment 

and emissions inventory in the Barnett Shale relying instead on voluntary reporting and work 

from other governmental agencies that may not have been up to the standards necessary to make 

policy.

Although specific issues concerning the emissions inventory work in the Barnett 

Shale are beyond the scope of this infrastructure SIP revision, the TCEQ disagrees 

with this comment. The TCEQ conducted a special inventory that captured actual 

air emissions data and detailed equipment information from stationary oil and gas 

operations associated with the Barnett Shale formation.

The Barnett Shale Special Inventory represents one of the first large-scale efforts 

nationally to directly survey area (nonpoint) oil and gas emissions sources that 

generally would not report to the point source emissions inventory. The TCEQ 

received special inventory data from companies that account for more than 99% of 

the 2009 production in the Barnett Shale formation. Specifically, data for more 

than 8,500 oil and gas sites were received. Due to the large volume of data received, 

county-level summary data for both phases of the Barnett Shale special inventory 

are available at: http://www.tceq.texas.gov/airquality/point-source-ei/psei.html.

AUTHORITY OF THE TCEQ TO REVISE THE TEXAS SIP

The EPA commented that regarding §110(a)(2)(H) the TCEQ explained that it regularly revises 

the Texas SIP in response to revisions in the NAAQS and EPA rules and cross-references its 

discussion on §110(a)(2)(A). As §110(a)(2)(H) requires that a state have the authority to revise 

the SIP as necessary, the EPA recommended the TCEQ provide additional discussion of and 

reference to such authority that allowed the TCEQ to make the regular revisions as stated.

The TCEQ’s statutory and regulatory authority to revise its SIP as necessary is 

broadly contained within the statutes and rules referenced throughout this 

infrastructure and transport SIP revision. Furthermore, the EPA has previously 

approved Texas’ infrastructure SIP for 1997 ozone and PM2.5 and 2006 PM2.5 for 

§110(a)(2)(H) (see 76 FR 81371). Although infrastructure SIP revisions are NAAQS 

specific, the requirements of §110(a)(2)(H) are the same regardless of the criteria 

pollutant at issue. The TCEQ’s authority to revise Texas’ SIP to address any future 

problems with the 2008 eight-hour ozone NAAQS is consistent with its authority to 

revise its SIP for any other NAAQS. The EPA proposed approval of this section of 

the Texas ozone and PM2.5 infrastructure SIP in the EPA’s September 22, 2011, 

Technical Support Document, Docket ID EPA-R06-OAR-2008-0638, page 23. 

Quoting EPA analysis:

... the TCAA 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 SIP under §382.011 and 382.012. The TCAA 

under §382.011 further provides the TCEQ with “the powers necessary or 

convenient to carry out its responsibilities.” Section 382.017 authorizes the 

TCEQ to adopt rules and §382.036 requires that the TCEQ “advise, consult, 

and cooperate with [...] the federal government.” Thus, Texas has the 

authority to revise its SIP as may be necessary to account for revisions of the 

NAAQS, adopt more effective methods of attaining the NAAQS, and respond 
11

to EPA SIP calls. We are proposing that the Texas SIP meets the 

requirements of §110(a)(2)(H).

Additionally, the EPA’s historical interpretation has been that SIPs are subject to 

revision as standards and the ability to meet those standards change. The EPA has 

stated that it is immaterial whether or not a state has acknowledged that its plan 

may change. The EPA first made this finding in the May 31, 1972, regulation titled 

Part 52 – Approval and Promulgation of Implementation Plans, 37 FR 10842, at 

10846, stating, “In accordance with the Act and the Administrator's regulations (40 

CFR 51.6), all State plans are subject to revision, as necessary, to take account of 

revisions of the national standards, availability of improved or more expeditious 

methods of attaining the national standards, or a finding by the Administrator that 

a State plan is substantially inadequate to attain or maintain a national standard. 

Accordingly, whether a state has acknowledged that its implementation plan is 

subject to revision is considered immaterial.” No changes were made to the SIP 

revision in response to this comment.

INTERSTATE TRANSPORT AND FCAA, §110(a)(2)(D)(i)(I)

The EPA commented that on August 21, 2012, the United States (U.S.) Court of Appeals for the 

District of Columbia (D.C.) Circuit issued a decision to vacate the Cross-State Air Pollution Rule 

(CSAPR). The EPA is evaluating the court decision as it pertains to FCAA, §110(a)(1) and (2) 

infrastructure and transport SIP requirements. Therefore, at this time the EPA did not comment 

on the TCEQ’s proposed SIP revision in Section VI: Control Strategy to address the 

requirements of §110(a)(2)(D)(i)(I) for ozone transport under the 2008 eight-hour ozone 

NAAQS.

The SIP revision has been updated to include that on August 21, 2012, the U.S.

Court of Appeals for the D.C. Circuit vacated CSAPR. Under the court’s ruling, the 

Clean Air Interstate Rule (CAIR) will remain in place until the EPA develops a valid 

replacement for CAIR. These updates are included in Section VI: Control Strategy, 

Section L: Transport, Chapter 2: Required Control Strategy Elements, Section 

2.2.2.1: CAIR and Cross-State Air Pollution Rule (CSAPR).

Public Citizen commented that the SIP revision fails to analyze Texas impact on downwind states 

and fails to accurately account for ozone emissions entering Texas from other states.

The TCEQ disagrees with this comment. FCAA, §110(a)(2)(D)(i)(I) requires states 

to submit a SIP revision that contains adequate provisions to prohibit any source 

or other type of emissions activity within the state from emitting any air pollutants 

in amounts that will contribute significantly to nonattainment of the NAAQS for 

areas in other states or interfere with maintenance of the NAAQS in any other 

state. First, this provision does not require the state to accurately account for ozone 

emissions entering Texas from other states. Section 110(a)(2)(D)(i)(I) only 

requires the state to address its impact on downwind states. Further, the SIP 

revision does address the potential impact on nearby states by including analysis of

ozone design values, ozone design value trends in Texas as well as in other states 

located in Region 6, and the distance between the nonattainment areas in Texas 

compared to the other nonattainment areas in Region 6.
12

The TCEQ developed the transport technical analysis included in this SIP revision 

with available information and guidance. To date, the EPA has not yet proposed 

infrastructure or transport guidance for the 2008 ozone NAAQS. 

Public Citizen commented that based on the TCEQ’s repeated permitting of large power plants 

and other emissions sources that evidence shows will impact the NAAQS, the TCEQ has no real 

intention of complying with the requirements of FCAA, §110(a)(2)(D).

The TCEQ strongly disagrees with the comment that it has “no real intention of 

complying” with the requirements of §110(a)(2)(D). The TCEQ is committed to 

meeting the requirements of the FCAA and takes its duties to Texas citizens very 

seriously. As stated in the SIP revision, Texas has a SIP-approved PSD and 

nonattainment New Source Review permitting program (for all pollutants except 

for GHGs, for which EPA has issued a FIP and assumed responsibility) 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.

All permitted sources in Texas are required to comply with all state and federal 

rules and regulations including the NAAQS.
ORDER ADOPTING 

REVISION TO THE STATE IMPLEMENTATION PLAN

Docket No. 2012-1087-SIP

Project No. 2012-004-SIP-NR

On December 5, 2012, the Texas Commission on Environmental Quality 

(Commission), during a public meeting, considered adoption of revisions to the state 

implementation plan (SIP). The Commission adopts revisions to the SIP for Infrastructure 

and Transport of the 2008 Ozone National Ambient Air Quality Standard (NAAQS). The 

Commission adopts the SIP revision demonstrating that Texas is not contributing 

significantly to nonattainment of the 2008 ozone NAAQS for areas in other states; not 

interfering with the maintenance of the 2008 ozone NAAQS in any other state; not interfering 

with measures required to meet an implementation plan for any other state related to 

prevention of significant deterioration (PSD); and not interfering with measures required to 

meet the implementation plan for any other state related to regional haze and visibility. 

Under Tex. Health & Safety Code Ann. §§ 382.011, 382.012, and 382.023 (Vernon 2011), the 

Commission has the authority to control the quality of the state’s air and to issue orders 

consistent with the policies and purposes of the Texas Clean Air Act, Chapter 382 of the Tex. 

Health & Safety Code. Notice of the proposed SIP revisions was published for comment in the 

September 7, 2012 issue of the Texas Register (37 TexReg 7221).

Pursuant to 40 Code of Federal Regulations § 51.102 and after proper notice, the 

Commission conducted a public hearing to consider the revision 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 held in Austin on September 25, 2012.

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 invited to submit data, views, and 

recommendations on the proposed SIP revision, either orally or in writing, at the hearing or 

during the comment period. Prior to the scheduled hearing, copies of the proposed SIP 

revision were available for public inspection at the Commission’s central office and on the 

Commission’s Web site.

Data, views, and recommendations of interested persons regarding the proposed SIP 

revisions 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 

revisions and their position concerning the same. 
IT IS THEREFORE ORDERED BY THE COMMISSION that the revisions to the SIP 

incorporated by reference to this Order are hereby adopted. The adopted revisions to the SIP 

are incorporated by reference in this Order as if set forth at length verbatim in this Order.

IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Commission, 

the Chairman should transmit a copy of this Order, together with the adopted revisions to the 

SIP, to the Regional Administrator of EPA as a proposed revisions 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:

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Bryan W. Shaw, Ph.D., Chairman