Kathleen Hartnett Whlte, Chuirnlun R. 0. "Ralph" Marquez, Conlnlissioner Larry R. Soward, Cop172isskiner Glenn Shankle,Execufi~~e Direcfor Docket 

### No. 2005-0877-SIP

Protecting Texas by Reducing a77d Preventing Pollution January 20,2006

Mr. Richard Greene, Regional Administrator U.S. Eilvironnleiltal Protection Agency, Region 6 1445Ross Avenue Dallas, Texas 75202-2733 Dear Mayor Greene: On January 11, 2006, the Texas Commission on.Environinental Quality (Commission) adopted revisions to the State Iinple~nentation Plan (SIP) for the ~ontrol of ozone air pollution in the El Paso County Region. The adopted revision to the ozone SIP includes a tell year maintenance plan, consistent with requireillents in $1lO(a)(l) ofthe Federal Clean Air Act. On December 4, 2002, this cominission adopted revisions to the Inspection and Maintenance (VM) Program SIP and rules (30 TAC $114.50(a)(5)). These revisions were subsequeiltly submitted to EPA where they are awaiting federal action. However, recent changes to the VM program rules and 

### SIP adopted on October 26, 2005, have made parts of the December 4, 2002 subinittal obsolete. By letter ofJuly 19,2005, EPA requested that the commission withdraw the December 4, 2002 submittal that nloved on-board diagnostic (OBD)testing to a contiilgeilcy measure. The co~~~mission asks the EPA not to act on the December 4, 2002 revisions made to 30 TAC $1 14.50(a)(5)(A) and 30TAC $114.50(a)(5)(B),and the following language in Chapter 2 of that adopted I/M SIPrevisioil (the ilarrative la~lguage below is substantially siinilarto the wording of 30 TAC $114.5O(a)(5)(B)):

In the eventthat the coinlnission publishes notification in the Texas Register ofa detenninationthat contingency measures are necessary ul orderto maintain attainmentofthe NAAQS in the El Paso area, the following contingency measures will become effective 12months afterthe notice is published: (i) All 1996and newerinodel year vehicles equipped with OBD systems will be tested using EPA-approved OBD test procedures; (ii) All pre-1996 model year vehicleswill be tested using aTSI test; and. (iii) All vehicle en~issions inspection statiolls in the El Paso program area will offerboth the TSI test and OBD test. Prior to the rule changes and I/M SIP revision adopted on December 4, 2002, two-speed idle (TSI)testing was to continue and OBDtesting was scheduled to commence in El Paso in 2003. The rule change aild 

### VM SIP revision adopted on October 26, 2005 require TSI testing to conti~lue and OBDtesting to commence in 

### El Paso in January 2007. Therefore, the December 4, 2002 changes to 30 TAC $114.50(a)(5), and the portion ofthe I/M SIP narrative quoted above that discusses the conversion ofOBD and TS1testingto contingency measures

P.O. Box 13087 Austin, Texas 78711-3087 5121239-1000 Internet address: ~ww.tceq.state.tx.us

### Texas Coln~nission on Environmental Quality Page 

### 2 Re: January 1l,

### 2006, El Paso Ozo~ie SIP


### in El Paso, are unnecessary and have been superseded. The co~~iniission therefore requests that those changes be withdrawn from consideration for approval into the 

### El Paso 

### I/M program and SIP. 

### Enclosed are the adopted ozone SIP revision ~larrative, public hearing eel-tification, 

### complete record ofthe public hearings, and the accompanying order. [ 

### look forward to your expeditious approval ofthis SIP revision.

atl~leen Hartnett White

Enclosures
cc: The Honorable Rick Perry, Governor ofTexas Mr. Zak Covar, Governor's Advisor, Department ofBudget, Planning and Policy, Office ofthe Governor Mr. Glenn Shankle, Executive Director, Texas Commission on Envirollmental Quality