09 ~lOV 27 Pr'l 2: 02

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Bryan W.Shaw, Ph.D., Chairman

Buddy Garda, Commissioner

Carlos Rubinstein, Commissioner

Mark R.Vickery, P.G., Executive Director

Protecting Texas by Reducing and Preventing Pollution

November 23,2009

Lawrence E. Starfield, Acting Regional Administrator

U.S. Environmental Protection Agency - Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

Dear Mr. Starfield:

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

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

IIO(a)(I) and (2) for the 1997 Eight-Hour Ozone and PM2., National Ambient Air Quality

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

provisions that address the requirements of the 1997 eight-hour ozone and particulate matter of

the size 2.5 microns and less (PM2., ) National Ambient Air Quality Standards (NAAQS). On

April 4, 2008, Texas submitted a letter and supporting documentation to address any potential

infrastructure issues associated with 1997 eight-hour ozone and PM2., and fulfilled its

infrastructure SIP obligations at that time. On October 26, 2008, the EPA published a

completeness finding in the Federal Register recoguizing the Texas submittal as complete for the

1997 PM2., NAAQS.! Texas is submitting this letter and the enclosed documentation to address

any potential infrastructure issues associated with the 2006 revisions to the PM2.5 NAAQS and to

fulfill its infrastructure SIP obligations for the 2006 24-hour PM2., NAAQS.

Texas acknowledges that since the original submittal of the infrastructure requirements, the EPA

has published four proposed disapproval notices for Texas' air permitting programs.i Texas is

currently working to address the deficiencies identified by the EPA in these notices.' Texas has

committed to working closely with the EPA to ensure that current rulemaking proposals in

response to these notices will result in Texas rules that are approvable by the EPA.4

)

I Completeness Findings for Section 11O(a) State Implementation Plans Pertaining to the Fine Particulate

Matter (PM2., ) NAAQS, 73 Fed. Reg. 62902 (October 26, 2008).

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 Fed. Reg. 72001

(November 26, 2008); Approval and Promulgation ofImplementation Plans; Texas; Revisions to the New

Source Review (NSR) State Implementation Plan (SIP); Modification of Existing Qualified Facilities

Program and General Definitions, 74 Fed. Reg. 48450 (September 23, 2009); Approval and Promulgation

of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State Implementation Plan

(SIP); Prevention of Significant Deterioration (PSD), Nonattainment NSR (NNSR) for the 1997 8-Hour

Ozone Standard, NSR Reform, and a Standard Permit, 74 Fed. Reg. 48467 (September 23,2009); Approval

and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State

Implementation Plan (SIP); Flexible Permits, 74 Fed. Reg. 48480 (September 23,2009).

3 See TCEQ October 23, 2009, letter to EPA in response October 8, 2009 request for formal response to

Carl Edlund's September 29, 2009, email.

4 [d.

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

printed on fCl.:ycled paper using soy-based ink
Lawrence E. Starfield

Page 2

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

Hildebrand, P.E., Chief Engineer, at (512) 239-4696 or Stephanie Bergeron Perdue, Deputy

Director, Office of Legal Services, at (512) 239-0615.

~LJ/~ Bryan W. Shaw, Ph.D.

Chairman

Enclosure

cc: Carl Edlund, EPA Region 6

Thomas Diggs, EPA Region 6

Guy Donaldson, EPA Region 6

2
State Implementation Plan (SIP) Infrastructure Requirements of

Federal Clean Air Act (FCAA), §110(a)(2)

Section 1l0(a)(2) ofthe Clean Air Act provides requirements for all state implementation plans

(SIP) regarding the National Ambient Air Quality Standards (NAAQS) for ozone and particulate

matter. On the following pages,'§1l0(a)(2)(A) - (M) is listed with various provisions supporting

the requirements. The federally enforceable SIP for Texas is documented at 40 Code of Federal

Regulations (CFR) Part 52, Subpart SS.

Texas Statutory Authority

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

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

States Environmental Protection Agency (EPA) as part of various SIP revisions and approved by

the EPA.

Background

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

Legislature in 1965. In 1967, the Clean Air Act of Texas was superseded by a more

comprehensive statute, the Texas Clean Air Act (TCAA), found in Article 4477-5, Vernon's

Texas Civil Statutes. The Legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985,

1987, 1989, 1991, 1993, 1995, 1997, 1999, 2001, 2003, 2005, 2007, and 2009. In 1989, the

TCAA was codified as Chapter 382 ofthe Texas Health and Safety Code.

Originally, the TCAA stated that the Texas Air Control Board (TACB) is the state air pollution

control agency and is the principal authority in the state on matters relating to the quality of air

resources. In 1991, the Legislature abolished the TACB effective September I, 1993, and its

powers, duties, responsibilities, and functions were transferred to the Texas Natural Resource

Conservation Commission (TNRCC). With the creation of the TNRCC, the authority over air

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

commission is found in Texas Water Code, Chapters 5 and 7. Chapter 5, Subchapters A - F, HJ, and L, include the general provisions, organization, and general powers and duties of the

commission, and the responsibilities and authority ofthe Executive Director. This Chapter also

authorizes the commission to implement action when emergency conditions arise and to conduct

hearings. Chapter 7 gives the commission enforcement authority. In 2001, the 77th Texas

Legislature continued the existence ofthe commission until September I, 2013, and changed the

name ofthe TNRCC to the Texas Commission on Environmental Quality (TCEQ). In 2009, the

81st Texas Legislature, during a special session, amended the Texas Water Code, §5.014,

changing the expiration date ofthe TCEQ to September I, 20 II, unless continued in existence by

the Texas Sunset Act.

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

the state's air and to control the quality ofthe 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 ofemissions; conduct research and

investigations; enter property and examine records; prescribe monitoring requirements; institute

enforcement proceedings; enter into contracts and execute instruments; formulate rules; issue

orders taking into consideration factors bearing upon health, welfare, social and economic factors,

and practicability and reasonableness; conduct hearings; establish air quality control regions;

encourage cooperation with citizens' groups and other agencies and political subdivisions ofthe

1
state as well as with industries and the federal government; and establish and operate a system of

permits for construction or modification offacilities.

Local government authority is found in Subchapter E ofthe TCAA. Local governments have the

same power as the TCEQ to enter property and make inspections. Local governments may also

make recommendations to the commission concerning any action ofthe TCEQ that affects their

territorial jurisdiction, may bringenforcement 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 ofthe commission.

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

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

Federal Clean Air Act (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 ofthe TCEQ and the

adoption and implementation ofall §IIO(a)(2) requirements.

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

Texas Water Code:

§5.013(a)(ll)& (13)

§5.051.

§5.052.

§5.053.

§5.054.

§5.059.

§5.060.

§5.1Ol.

§5.102.

§5.103.

§5.104.

§5.105.

§5.106.

§5.107.

§5.ll5.

§5.117.

§5.l20.

§5.133.

§5.l733.

§5.223.

§5.230.

§5.233.

§5.234.

GENERAL JURISDICTION OF COMMISSION

COMMISSION

MEMBERS OF THE COMMISSION; APPOINTMENT

ELIGffiILITY FOR MEMBERSHIP

REMOVAL OF COMMISSION MEMBERS

CONFLICT OF INTEREST

LOBBYIST PROHffiITION

SCOPE OF SUBCHAPTER

GENERAL POWERS

RULES

MEMORANDA OF UNDERSTANDING

GENERAL POLICY

BUDGET APPROVAL

ADVISORY COMMITTEES, WORK GROUPS, AND TASK

FORCES

PERSONS AFFECTED IN COMMISSION HEARINGS;

NOTICE OF APPLICATION

MANDATORY ENFORCEMENT HEARING

CONSERVATION AND QUALITY OF ENVIRONMENT

ACTIONS IN MEXICO

ELECTRONIC POSTING OF INFORMATION

ADMINISTRATIVE ORGANIZATION OF COMMISSION

ENFORCEMENT

GIFTS AND GRANTS

APPLICATIONS AND OTHER DOCUMENTS

2
§5.237.

§5.501.

§5.502.

§5.514.

§5.515.

§5.701(a)

§5.702.

§5.703.

§5.704.

§5.705.

§7.002.

§7.032.

§7.051.

§7.052.

§7.053.

§7.061.

§7.066.

§7.067.

§7.0n.

§7.073.

§7.101.

§7.102.

§7.103.

§7.105.

§7.106.

§7.177.

§7.178.

§7.179.

§7.180.

§7.181.

§7.182.

§7.183.

§7.186.

§7.187.

§7.302.

OPERATING FUND

EMERGENCY AND TEMPORARY ORDER OR PERMIT;

TEMPORARY SUSPENSION OR AMENDMENT OF

PERMIT CONDITION

APPLICATION FOR EMERGENCY OR TEMPORARY

ORDER

ORDER ISSUED UNDER AIR EMERGENCY

EMERGENCY ORDER BECAUSE OF CATASTROPHE

FEES

PAYMENT OF FEES REQUIRED WHEN DUE

FEE ADWSTMENTS

NOTICE OF CHANGE IN PAYMENT PROCEDURE

NOTICE OF VIOLATION

ENFORCEMENT AUTHORITY

INmNCTIVE RELIEF

ADMINISTRATIVE PENALTY

MAXIMUM PENALTY

FACTORS TO BE CONSIDERED IN DETERMINATION OF

PENALTY AMOUNT

PAYMENT OF PENALTY; PETITION FOR REVIEW

REFERRAL TO ATTORNEY GENERAL

SUPPLEMENTAL ENVIRONMENTAL PROJECTS

RECOVERY OF PENALTY

CORRECTIVE ACTION

VIOLATION

MAXIMUM PENALTY

CONTINUING VIOLATIONS

CIVIL SUIT

RESOLUTION THROUGH ADMINISTRATIVE ORDER

VIOLATIONS OF CLEAN AIR ACT

FAILURE TO PAY FEES UNDER CLEAN AIR ACT

FALSE REPRESENTATIONS UNDER CLEAN AIR ACT

FAILURE TO NOTIFY UNDER CLEAN AIR ACT

IMPROPER USE OF MONITORING DEVICE

RECKLESS EMISSION OF AIR CONTAMINANT AND

ENDANGERMENT

INTENTIONAL OR KNOWING EMISSION OF AIR

CONTAMINANT AND KNOWING ENDANGERMENT

SEPARATE OFFENSES

PENALTIES

GROUNDS FOR REVOCATION OR SUSPENSION OF

PERMIT

REGULATORY AUTHORITY

The TCEQ has promulgated rules implementing statutory authorityto 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 or are pending EPA review. Rules that are

relevant for each §IIO(a)(2) requirement are noted below.

§1l0(a)(2)(A)

3
EPA requirement:

Include enforceable emission limitations and other control measures, means, or techniques

(including economic incentives such as fees, marketable permits, and auctions of emissions

rights), as well as schedules and timetables for compliance.

Texas requirement:

The TCEQ has promulgated rules to implement and enforce the NAAQS and other air quality

standards. These rules include programs for banking and trading of emissions, as well as permits

and fees. Periodic revisions to the SIP establish timetables and schedules for improving the air

quality in the nonattainment areas, and areas that may become nonattainment for ozone.

Thefollowing chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for

thisfederal requirement:

Chap. 7

Chap. 101

Chap. 106

Chap. 111

Chap. 112

Chap. 113

Chap. 114

Chap. 115

Chap. 116

Chap. 117

Chap. 118

Memoranda ofUnderstanding

General Air Quality Rules

Permits by Rule, Subchapter A, General Requirements

Control ofAir Pollution from Visible Emissions and Particulate

Matter

Control ofAir Pollution from Sulfur Compounds

Standards ofPerformance for Hazardous Air Pollutants and for

Designated Facilities and Pollutants

Control ofAir Pollution from Motor Vehicles

Control ofAir Pollution from Volatile Organic Compounds

Control of Air Pollution by Permits for New Construction or

Modification

Control ofAir Pollution from Nitrogen Compounds

Control ofAir Pollution Episodes

§110(a)(2)(B)

EPA requirement:

Provide for establisInnent and operation of devices, methods, systems, and procedures to: (i)

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

EPA.

Texas requirement:

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

reported to the EPA on a regular basis.

The following chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for

thisfederal requirement:

Chap. 101

Chap. 106

Chap. 111

Chap. 112

Chap. 115

Chap. 116

Chap. 117

General Air Quality Rules

Permits by Rule, Subchapter A, General Requirements

Control ofAir Pollution from Visible Emissions and Particulate Matter

Control ofAir Pollution from Sulfur Compounds

Control ofAir Pollution from Volatile Organic Compounds

Control ofAir Pollution by Permits for New Construction or

Modification

Control ofAir Pollution from Nitrogen Compounds

4
§110(a)(2)(C)

EPA requirement:

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

the modification and construction ofany stationary source within the areas covered by the plan as

necessary to assure that NAAQS'are achieved, including a permit program as required in parts C

andD.

Texas requirement:

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

attainment plans and permitting programs that regulate construction and modification of

stationary sources.

The following chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevantfor

thisfederal requirement:

Chap. 35

Chap. 101

Chap. 106

Chap. 112

Chap. 115

Chap. 116

Chap. 117

Emergency and Temporary Orders and Permits; Temporary Suspension

or Amendment ofPermit Conditions; Subchapters A, B, C, K

General Air Quality Rules

Permits by Rule, Subchapter A, General Requirements

Control ofAir Pollution from Sulfur Compounds

Control ofAir Pollution from Volatile Organic Compounds

Control ofAir Pollution by Permits for New Construction or

Modification

Control ofAir Pollution from Nitrogen Compounds

§110(a)(2)(D)

EPA requirement:

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

from emitting any air pollutant in amounts which will:

(I) contribute significantly to nonattainment in, or interfere with maintenance by,

any other State with respect to any such national primary or secondary ambient

air quality standard.

(II) interfere with measures required to be included in the applicable

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

deterioration ofair quality or to protect visibility.

(ii) Insure compliance with the applicable requirements of §§1261 and 1152 (interstate and

international pollution abatement).

'§126(a) Each plan shall (I) require each major proposednew or modified source (A) subject to pari Cor

(D) which may significantly contribute to pollution in excess of the NAAQS in any air quality control

region outside the State in which such source intends to locate or modify, to provide writtennotice to all

nearby states the pollution levels of which may be affected by such source 60 days prior to the date on

which commencement of construction is to be permitted by the state, and (2) identify all major existing

stationarysourceswhich may have the impactdescribedin (1) with respect to new or modifiedsources and

provide noticeto all nearby States of the identityof such sources.(b) Any state may petition the EPA for a

finding that any major source or group ofstationary sources emits or would emit any pollutantin violation

of the prohibitionof §11O(a)(2)(D)(ii) or this section.(c) Notwithstanding any permit whichmay have been

granted by the State, it shall be a violationof this sectionand the plan - (I) for any major proposed new or

modified sourcewith respect to whicha finding has been made under subsection(b) to be constructed or to

5
Texas requirement:

Texas is included in the Clean Air Interstate Rule (CAIR) for particulate matter of the size 2.5

microns and less (PM2.5), but not for ozone, and has submitted to the EPA a SIP revision to

implement CAIR. The TCEQ is currently in the process of revising the CAIR SIP and rule to

account for federal rule revisions and state legislative changes. Additionally, since Texas was not

included in the CAIR for ozone, the TCEQ submitted a SIP revision relating to transport in

compliance with EPA's fmding offailure to submit.

The following chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevantfor

thisfederal requirement:

Chap. 101

Chap. 122

General Air Quality Rules

Subchapter E, Division 2, Clean Air Interstate Rule

§110(a)(2)(E)

EPA Requirement:

Provide:

(i) Necessary assurances that the State will have adequate personnel, funding, and

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

any provision ofFedera! or State law from carrying outsuch plan).

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

under §128.3

operate in violation of this section and the prohibition of §1l0(a)(2)(D)(ii) or this section, or (2) for any

major existing source to operate more than 3 months after such fmding has been made. The EPA may

permit the continued operation of a source beyond the expiration of the three-month period ifthe source

complies with the emission limitations and compliance schedules as may be provided by EPA to bring

about compliance with the requirements of §110(a)(2)(D)(ii). Nothing shall be construed to preclude any

such source from being eligible for an enforcement order under §113(d) after the expiration ofsuch period

during which EPA has permitted continuous operation.

2§115(a) Whenever EPA, upon receipt ofreports, surveys or studies from any duly constituted international

agency has reason to believe that any pollutants emitted in the United States cause or contribute to pollution

which may reasonably be anticipated to endanger public health or welfare in a foreign country or whenever

the Secretary of State requests it to do so, the EPA shall give formal notification to the governor ofthe state

in which such emissions originate. (b) The EPA notice shall be deemed to be a finding under

§1l0(a)(2)(H)(ii) which requires a plan revision with respect to so much of the applicable plan as is

inadequate to prevent or eliminate the endangerment. Any foreign country so affected by such emission of

pollutants shall be invited to appear at any public hearing associated with any revision ofthe appropriate

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

determines has given the United States the same rights with respect to the prevention or control of air

pollution occurring in that country. (d) Recommendations issued following any abatement conference

conducted prior to FCAA Amendments of 1977 shall remain in effect with respect to any pollutant for

which no NAAQS has been established under §I09 unless EPA, after consultation with all agencies, which

were party to the conference, rescinds any such recommendation.

3§128(a) each plan shall contain requirements that - (I) 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 oftheir income from persons subject to permits or enforcement orders, and

(2) any potential conflicts ofinterest by members ofsuch board or body or the head of an executive agency

with similar powers be disclosed. A State may adopt any requirements respecting conflicts of interest for

such boards or bodies or heads of execntive agencies, or any other entities which are more stringent than

the requirements of(1) and (2).

6
(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 ofsuch plan provision.

Texas requirement:

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

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

Memoranda of Understanding with other state and local agencies. Local governments have their

own responsibilities and privileges regarding the protection of air quality as established by the

Texas legislature.

The following chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for'

thisfederal requirement:

Chap. 7

Chap. 101

Chap. 106

Chap. 116

Memoranda ofUnderstanding

General Air Quality Rules

Permits by Rule, Subchapter A, General Requirements

Control ofAir Pollution by Permits for New Construction or

Modification

§110(a)(2)(F)

EPA requirement:

Require, as may be prescribed by the EPA:

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

necessary steps, by owners or operators ofstationary sources to monitor emissions.

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

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

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

times for public inspection.

Texas requirement:

The TCEQ requires monitoring for air pollutants as part ofits new source review permit program.

Certain emission sources are required to submit annual emission inventories, and periodic

reporting of emissions, which provides data that is used in air quality modeling to help Texas

prepare attainment demonstration plans. Emission data is available at reasonable times for public

inspection, with some information also available on the agency Web site.

The following chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for

thisfederal requirement: .

Chap. 101

Chap. 106

Chap. 111

Chap. 112

Chap. 115

Chap. 116

Chap. 117

General Air Quality Rules

Permits by Rule, Subchapter A, General Requirements

Control ofAir Pollution from Visible Emissions and Particulate Matter

Control ofAir Pollution from Sulfur Compounds

Control ofAir Pollution from Volatile Organic Compounds

Control ofAir Pollution by Permits for New Construction or

Modification

Control ofAir Pollution from Nitrogen Compounds

7
§110(a)(2)(G)

EPA requirement:

Provide for authority comparable to that in § 3034 and adequate contingency plans to implement

such authority.

Texas requirement:

The TCEQ may issue emergency orders, or issue or suspend air permits as required by an air

pollution emergency. In addition, the TCEQ also maintains air pollution information in a form

readily available to the public on the commission's internet Web site at

http://www.tceq.state.tx.us/compliance/monitoring/air/monops/forecast today.html. Local

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

all major metropolitan areas.

The following chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for

thisfederal requirement:

Chap. 35

Chap. 118

Emergency and Temporary Orders and Permits; Temporary Suspension

or Amendment ofPermit Conditions; Subchapters A, B, C, K

Control ofAir Pollution Episodes

§110(a)(2)(H)

EPA Req uirement:

Provide for revision ofsuch plan:

(i) from time to time as necessary to take account ofrevisions ofsuch national primary or

secondary ambient air quality standard or the availability of improved or more

expeditious methods ofattaining such standard.

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

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

implements or to otherwise comply with any additional FCAA requirements.

Texas requirement:

The TCEQ regularly revises the Texas SIP in response to revisions in the NAAQSand EPA rules.

See §11OCa)(2)(A), above.

4 §303. Notwithstanding any other FCAA provisions, the EPA upon receipt of evidence that a pollution

source or combination of sources (including moving sources) is presenting an imminent and substantial

endangermentto public health or welfare, or the environment, may bring suit on behalf of the United States

in district court to immediately restrain any person causing or contribnting to the alleged pollution to stop

the emission of pollutants causing or contributing to such pollution or to take such other action as may be

necessary. If it is not practicableto assurepromptprotectionof public health or welfareor the environment

by commencement of such a civil action, the EPA may issue such orders as may be necessary to protect

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

appropriate State and local authoritiesand attemptto confirm the accuracyofthe informationon which the

proposed action is based. Any order issuedby the EPA shall be effectiveupon issuanceand shall remain in

effect for a period of not more than 60 days, unless the EPA brings an action pursuant to the first sentence

of this section beforethe expiration of that period. Wheneverthe EPA brings such an action within the 60-

day period, such order shall remain in effectfor an additional 14 days or longer as authorizedby the court.

8
§110(a)(2)(J)

EPA requirement:

Meet applicable requirements of §1215 (consultation);

Meet applicable requirements of§ 12i(public notification);

Meet applicable requirements of Part C (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 TCEQ consults with other state agencies, local agencies, and non-governmental

organizations, as well as with the environmental agencies of other states regarding air quality

concerns. All major sources in Texas are subject to Texas' SIP-approved PSD program. Texas

submitted a SIP revision to address Regional Haze, including a long-term strategy to address

visibility impairment for each Class I area that may be impacted by emissions from Texas

facilities.

The following chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevantfor

thisfederal requirement:

Chap. 7

Chap. 35

Chap. 101

Chap. 116

§110(a)(2)(K)

EPA requirement:

Memoranda ofUnderstanding

Emergency and Temporary Orders and Permits; Temporary Suspension

or Amendment ofPermit Conditions; Subchapters H & K

General Air Quality Rules

Control ofAir Pollution for New Construction or Modification

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

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

any air pollutant for which EPA has established a NAAQS.

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

modeling to EPA.

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

maintenance plan requirements or preconstruction review of directsources of pollution, or (2) any measure

referredto - (A) in part D), or (B) in part C, and in carrying outthe requirements of §113(d),the State shall

provide a satisfactory process of consultation with general purpose local governments, designated

organizations of electedofficialsof local governments and any Federal landmanagerhaving authority over

Federal land to which the State plan applies. Such process shall be in accordance with regnlations '

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

governments adversely affectedby actionof EPA approvingany portion of a plan may petitionfor judicial

review.

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

exceeded or was exceeded duringthe preceding year, to advisethe publicof health hazards associated with

such pollution, and to enhance awareness of measures which can be taken to prevent the standards from

being exceededand ways in which the public can participatein regulatory and other efforts to improve air

quality.

9
Texas requirement:

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

appropriate for the state to demonstrate attainment with required air quality standards. Modeling

is also a part ofthe new source review permitting program.

The following chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for

thisfederal requirement:

Chap. 116 Control ofAir Pollution for New Construction or Modification

§110(a)(2)(L)

EPA requirement:

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

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

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

enforcing the terms and conditions of the permit (not including court costs or costs associated

with enforcement), until fee requirement is superseded by EPA approval ofa Title V fee program.

Texas requirement:

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

conditions ofpermits.

The following chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for

thisfederal requirement:

Chap. 12

Chap. 101

Chap. 106

Chap. 116

Payment of Fees

General Air Quality Rules

Permits by Rule, Subchapter A, General Requirements

Control ofAir Pollution by Permits for New Construction or

Modification

§110(a)(2)(M)

EPA requirement:

Provide for consultation and participation by local political subdivisions affected by the plan.

Texas requirement:

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

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

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

10