Bryan W. Shaw, Ph.D., Chairman 

Carlos Rubinstein, Commissioner 

Toby Baker, Commissioner 

Zak Covar, Executl've Director 

RECEIVED- 6POL 

AIR PLANNING SEC. 

12 DEC I 0 PH 5: 07 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protectl"ng Texas by Reducing and Preventl'ng Pollution 

December 7, 2012 

Ron Curry 

Regional Administrator 

U.S. Environmental Protection Agency- Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Mr. Curry: 

Docket No. 2012-0862-SIP 

Project No. 2012-016-SIP-NR 

On November 14, 2012, the Texas Commission on Environmental Quality (Commission) 

adopted revisions to the State Implementation Plan (SIP) for Infrastructure and Transport for 

the 2010 Nitrogen Dioxide (N02) National Ambient Air Quality Standard (NAAQS). 

The Commission adopted a SIP revision demonstrating how the infrastructure elements listed 

in Federal Clean Air Act (FCAA), §no(a)(2) are currently addressed in the Texas SIP for the 

2010 N02 NAAQS. The SIP revision outlines the requirements ofFCAA, §no(a)(2)(A) 

through (M) and the Texas statutes and rules that allow the TCEQ to meet those 

requirements. These requirements include basic program elements such as enforceable 

emission limitations and control measures, air quality monitoring and modeling, a permitting 

program, adequate funding and personnel, authority under state law to carry out the plan, 

emissions reporting, emergency powers, public participation, and fee collection. Additionally, 

the SIP revisions demonstrate that Texas is not contributing significantly to nonattainment of 

the N02 NAAQS for areas in other states; not interfering with the maintenance of the N02 

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; and not interfering 

with measures required to meet the implementation plan for any other state related to 

regional haze and visibility. 

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

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

approval of this SIP revision. 

Sincerely, 

~~pt- Chairman 

BWS/alb 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Ms. Kelly Kennedy, Office of Budget, Planning and Policy, Office of the Governor 

Mr. Zak Covar, Executive Director, Texas Commission on Environmental Quality 

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov 

How is our customer service? tceq.texas.gov/customersurvey 
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Docket No. 2012-0862-SIP 

THE STATE OF TEXAS 

COUNTY OF TRAVIS 

This is to certify that the attached electronic file is included and that the electronic file 

is a true and correct copy of documents for a revision to the Texas State Implementation Plan, 

adopted on November 14, 2012, pursuant to 40 Code of Federal Regulations§ 51.104. I am 

the records administrator for the Air Quality Division of the Texas Commission on 

Environmental Quality (Commission). 
Texas Com mission on Environmental Quality 

Public Hearing 

August 1, 2012 

Concerning Revisions to 

Federal Clean Air Act, §11 O(a)(1) and (2) 

Infrastructure and Transport State Implementation Plan 

Revision for the 2010 Nitrogen Dioxide 

National Ambient Air Quality Standard 

Project No. 2012-016-SIP-NR 
INTRODUCTION 

The Texas Commission on Environmental Quality (commission) scheduled a public hearing in 

Austin on August 1, 2012, to receive testimony regarding the proposed Federal Clean Air Act 

(FCAA}, Section 110(a)(1) and (2) Infrastructure and Transport State Implementation Plan (SIP} 

Revision for the 2010 Nitrogen Dioxide (N02} National Ambient Air Quality Standard (NAAQS). 

The SIP revision documents how the infrastructure and transport elements listed in FCAA, 

Section 11 O(a) are currently addressed in the Texas SIP. The SIP revision outlines the 

requirements of the FCAA, Section 11 O(a)(2)(A)- (M) and the Texas provisions supporting the 

requirements. These infrastructure 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. The 

interstate transport requirements include a discussion of N02 transport and a demonstration 

showing that Texas does not contribute significantly to nonattainment or interfere with 

maintenance of the 2010 N02 NAAQS in another state. 

The comment period closed on August 6, 2012. All testimony and comments have been 

reviewed and seriously considered. This hearing record contains a complete record of the 

public hearing and is divided into the following four sections: 

o Public Notification and Proposal 

o Written and Oral Testimony 

o Evaluation of Testimony 

o Staff Recommendations/Order 
Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park 

35 Circle, Austin, Texas 78753. For further information, please contact Margaret Earnest at 

(512) 239-4581. 
PUBLIC 

NOTIFICATION AND 

PROPOSAL 
PUBLIC NOTIFICATION 

Notification to the public of the proposed revisions was conducted by the following procedures: 

1. Publication of notice of public hearings in the following newspapers on the date listed: 

Austin American-Statesman; June 29, 2012 

Fort Worth Star-Telegram; June 29, 2012 

Houston Chronicle: June 29, 2012 

2. Publication of the Notice of Public Hearing in the July 13, 2012, issue of the Texas Register (37 

TexReg 5367). 

3. Correspondence forwarding the notice of public hearings to the following officials and agencies: 

Speaker of the House 

Lieutenant Governor 

Alamo Area Council of Governments 

Capital Area Planning Council 

City of Austin, Mayor's Office 

City of Dallas, Department of Environmental Quality 

City of Dallas, Department of Aviation 

City of El Paso, Environmental Services 

City of Fort Worth, Environmental Management Department 

East Texas Council of Governments 

El Paso Metropolitan Planning Organization 

Federal Highway Administration 

Galveston County Health District 

Harris County Public Health and Environmental Services 
Houston-Galveston Area Council 

North Central Texas Council of Governments 

South East Texas Regional Planning Commission 

Texas Department of Transportation 

Travis County Judge 

Victoria Metropolitan Planning Organization 

Arkansas Department of Pollution Control and Ecology 

Louisiana Department of Environmental Quality 

New Mexico Environmental Department 

Oklahoma Department of Environmental Quality 

United States Environmental Protection Agency 
Example of Newspaper Classified Ad 

Austin American-Statesman, June 29, 2012 

NOTICE OF PUBUCHEARING BYlHE 

TEXAS COMMISSION ON ,· ENVIRONMENTAL QUALITY 

ON A PROPOSED REVISION TO THE STATE 

IMPLEMENTATION PLAN 

The Texas Commission on Environmental 

Quality (TCEQ) will conduct a publiC hearing to receive testimony regarding the P.roposed 

Federal Clean Air Act {FCAA), Section 1 1 O(a){l l 

and (2) Infrastructure and Transport St(!te 

Implementation Plan (SIP) Revislon·f« the 

2010 Nitrogen Oirudde (N02) Natioj1al Ambi~ 

entAirQual!tyStandard"(NAAQS~ .>·:· _ :, 

The proposed SIP revision documents how 

the Infrastructure and transport elel'!'l~IJtSi ·: 

listed In FCAA. Section 110(a) are currently addressed in the Texas SIP. The SIP.~siOn 

would outline the requirements ofFCAA, Sec.-

tion 110(a)(2)(AJ through (M) and the Texas . 

provisions supporting the requirements. 

These infrastructure requirements indud$ ba- si_~ pr.ogrllfn4!)ements __ such_ as enforc_eable , emission-urn ltittlons.and cohtrolltleasutes, air 

quality ~i'ilti;»rliig and 'modellng,a-pelrrilt- tlng program, adequate funding and person-: 

nel, authority under state law to carry oUt the 

plan, emissions reporting. emergency·poM!ts, 

_public participation, and fee collectlon..The - Interstate transport requirements Include a discussion of N02 transport and a ClemonstratloO ~howing that Texas does not coFltrlbute 

significantly to nonattalnr:nent or inter@re 

with maintenance ohhEi 201 0 N01 NAAas !n 

another state. (NaiHU(e Project Number 

2012..016-SIP-NR} , · -. · .,, ·: A public hearing on t~ls proposal Will be held 

in Austin (m ~ustJ., 2012, at lO:OOaJri: The 

pUblic ~Qnrig· W!JI 9t" h~ld In the 1CEQ Austin headquarters at 12100 Park 35 Orcle, .'· 

Building E. Room 2015. The hearing will.be.-. 

structured for the receipt of oral or written comments b)' interested persons. Registra·. 

tlon will begin 30 minutes prior to ~-h~ar• 

lng.lndlviduals may pre~ent oral st!lt~s 

when called upon in order of regist'ratloi'l.-.. , There will be no open discussion during the 

hearing; however, TCEQstaff members.wm be 

av•llable to discuss the proposal30 mlliuteS 

before the hearing. 

Persons planning to attend the hearing who 

have special communication or other ac~ .- COf!'\mOdatlon needs should contact Marga- ret Earnest, Air Quality Diviskm, at (S_t-2) ··,, : 239-4581. Requests should be mad~_a~ far in: 

advance as poss_lble. ,:. · -. .. ; Comm4jnts may be submitted to Ml!rg~ret. 

Eamest, MC206, SIPTeam,ChiefEriglneer'5 . Office, Texas Commission on Envirpn{rieiltal 

Quality, P.O. Box 13081, Austin, Texas· , .. , 78711-3087 _Or faxed tq (512)239--6188. flee-· 

tronlc comments may be submitted lit . · http:! Jwwwft,tceq~~-t¥.-us!rulesf«Om­ ments .. Aie'sli:e restrictions may af)_riJY·to ' , comrl-tel)ts beinQ sul:lmltl:Eid electrof\i~;al!)i:AI.I 

comment:S:ihould remenceth• ~plOw::· Federal 0.1n Air Ad Section 11Q(Ii. J ilnd 

(2)1nfrastn.KtuNandTr•nsport:_SI · · .. · lmplernenbltlon Plan Revision fO_t the 2010 

Nitropn Dloxkh NMional Arnllleiri Air, 

QUIIIlty Stand•td'" and Pro,tect N~Mn,bet 

201 2..016-SIP·NR. The commentperi(ld.: ... · clos_es August 6, 2012. Copies of~ P:ro-:: -.. posed SIP_ revision can be. obtained frOm _the_" 

raQ's Web site- at . . -< 

http:/ {Www.tceq.texas.gov/alrqualitY/slp/cJ'I.- -terla-poUutant$1sip-no2, fo~aQditl_onai infor~­

~ll'llit(o.i'i..i'eg. ard_lr.ag the Pr'o~.sM'SIP·reviSion. ' :ptea-se Contllci:-Matgiret'Eafnesf. Alf duality' 

. DMS\i)n;at(512) 239~SB1'i "'· · . 
tend. cr opera::.e an On..Site Sewag adlity; exemp1 subdivisions when 

one tract is divided inlo two fiv or larger tracts from subniliting 

planning ma1eriab; allow the repai or alteration of ex.tsf:intl: cluster systems~ updare tank: &.zing require update fon::1ulas fur leeching 

ciuun,bers; add lM:guage relating new or repl.acement dislnfection 

deviees; OOd equalization tank re < entsj tlarlfy what constitutes 

an etn.etgeney repairj and update gures and tables. 

The oomm~ion is seeking ootnm nts related to the efficiency ofNSF 

certi:fied disinfect1on devices and M impacts ofttansitioning to the 

mandatory use of SU<h devices b requiring the ""' of NSF certified 

dl..l!infectioo devices in on"''Site e facilities after a speci'lied date. 

The commission spec!..1caUy req m oommenbi on the efficiency of 

cllii:nfectioo devices,. the cost of d sinfectioo devices to the coi13Untor, 

and an appropriate t:ffective date. 

The commission will hold a puhli hearing on this propose.~ in Austin 

on August 6, 2012-at 2:00p.m. in uildlng E, Room 101S. at the comn::.ission's central offi·ce t0¢ated at 12100 Parle 3~ Circle. The hearing 

is structu..red for the .receipt of o or wtitten cornmenrs b-y intemted 

persons. Individuals may present rat statements when called upon in 

Qrder of registration. Open discu ion will not be permitted during the 

hearing; however, commission members will be available to discu.!la the pmpo.sa130 mlm..ttea pri to 1he hearing, 

Persons who have special co unication or o'l:bct accommodation 

n~ds who are p[anning to atkm tl>.e hearing should contact Sandy 

Wong, Office ofL<gnJ Services, t (512) 239·1801, Requeots ohould 

be made as far ;n advance as po 'ble. 

Written comments trulY be sub itted to Charlotte Horn, MC 205, 

Office of Legal Services, 1'e Coltttllission on Environmen· 

tal Quality, P.O. Box 13087, 'o, Texas 78711·3087 or faxed 

to (512) 239-4308, Electron! comments may be submitted at; 

http:l!wwwS.fwl.ltaM,govlrule c01111}'Utms/, File size restric .. 

tions may opply to co-mments 1ng submitted via the eComments 

system. All comments shoul reference Rule Proj¢¢t Number 

2012.()23-285-CE. The oomme t perio<l closes. August 13, 2012. 

Copies of the pro~ rul king con be obtained from the 

~ornm.i3.sion s Web .site at ht llwww.tceq.:exas.gov/navlrulfls/pro· 

pc:te _ adopt,tJml. For further ormation, pleare contact Candy 

Garret~ Progrmn Support Se<tio (512) 239-!457. 

TRD-20120\1438 

Robert Marline.t 

Director, E"lWonrnenbli law DM 

Texas Co~ 011 f'11'Viron 

F!led: June 29, 2.012 

• • • 

Notice of Public Hearing on uposo<l Revisions to 30 TAC 

Chapter 288 

The T<:xw; Comrnlst!ion on!lnvi nmcntal Quamy(TCEQor Commi>-

ston) will conduct a publi<: hear to receive 1est.ir::lony regarding proposed revisions to 30 Texas Ad! • ' mlive Code (!'A C) Chaprer 288, 

Water CollSeiVationPians, Dtou Contingency Plans, Guldcli~s and 

Requlrem.ru., !§288.1-288.5, rthe requirement>ofT.,.,.Gov· 

ernment Code, Chaprer 200 l, S haptor B. 

The proiJO'ed rulem•li:lng woul imp!ement Selllllc llill (SB) 181 ond 

SB 660, 32nd Leglsi111't!.re, 2011 to require entities that submit wn1er 

conservation plRnS to the "1bxas ater Development noard (fWDB} 

and the TCEQ to implement seot r-based tepQrtingtneasures for water 

u,.,, The p<Op<lsed rulemaking uld olso require the TWDB and the 

TCBQ, in consultation w!th th<: arer ('_.onscrvationAdvisory Council, 

to develop a un.ifurm methodo!o and guidance for calculating water use M.d conservation. 

The commission wlllholdapubli hearing Oil thiSP"'!""'alinAustin on 

August 7, 2012, ot 10:00 a.m., in Building E, Room 20lS, at the com· 

mission's contra! office located 12100 Pa.-1< 3S Circle. The hooting 

1s structured for th~ reoeipt of o I or written ooro.tn<!nts by interesred 

porsons. Individuals may presen oral statemeobwben called upon in 

order of reglstration. Open discu sion will not be petmittl!d dudug the 

hearing; howeYer, oommi.ssion 8 ff members \lriU be available to dis~ 

cw:s the propoaal30 minutes pr" r to the he<tting. 

Persons who have special co :t.Wieation Ot' other accommodation 

needs wbo are planning to atte the bearing should contact Sandy 

Wong, Office of Legal SO!"ik<s, t (512) 239--1802. Requests should 

be made as fat in ~ as :PO~ ibie. 

Writte:~. comments may be su itted to Bruce McAnally, MC 

205. Office of Legal Services Texas Co!Dillis.sion on Environ· 

mental Quallty, P.O. Box llO 7, AtlS!in, Texos 78711·3087 or 

faxed to (Sl2) 239--4E08. Ele nio comments may be submitted 

at: http;/!www5.tc<q.texa:;,gov!. Weccm•umW. File size rostric· 

tions may ftWl)' to coaunerrt:SI submitted via the eCommmi.r 

system. AU comments shoul reference Rul~ Ptoject Number 

20ll-Q58·2ll8-0W. The oomme t pe.rio<l closes Aogust 13, 2012. 

Copies of the proposed rule ·ng can be obtained fr-om the 

c<>mmiMion's Web site at http 'lwww.tceq.te=.gov!nav!ru/qs/pr<r 

pose _trdopt.hlml. For further infurmatiuo, pl.,.,. contact Soo!t 

Swanson, Woter Rlght.Permittia Availnbility Unl~ (512) 239.{)703. 

1RD-20t 203428 

Robert MariVlez 

Director, ErMronmentaf Law Di-As n 

Taxas Cornrrmtoo 011 Envitol1 I auarrty 

Flied: June 29, 2012 

+ • • 

Notice of Public Heoring on a Proposo<l Revision to the Stale 

Jmplernentatlon Plan 

The Texas Commisslo:l on Enviro.'ltnental Quality (TCEQ) will 

conduct • public heru-ing to receive testimony regarding the propose<! 

Federal Clean Air Act (FCAA), Seo<ion llO(a)(!) M<l (2) Infrastructure and Transport State Jmplement.tion Plan (SIP) Revision fur :he 

2010 Nitrogen D!oxidc (NO,) National Ambient Air Quality Stnndatd 

(NAAQS). 

Tho proposed SIP revision documents how the I-obstructu."'"e and trOJlSoo 

port elements JiJlted in FCAA, Section llO(a) are cummlly B<!dressed 

in the TexB.$ SJP. The SIP revision wou[d outline the n;quitemer.ts of 

FCAA, Section llO(a)(2)(A) • (M) sod the T"""' prov!.iollS supporting the reqv:rentents, 'These infrastntcrure requfrom{:nts include basic 

program ~letnen1s such as enforceabJe emissionllrnitotioos and oontrol 

meusuroo, u.ir quality roonltoriug and modeling, a pen:nltting program, 

adequate funding aod perm nne~ authority under stare law to carry out 

the plan, emlssJ008 reporting, emergency {'O'Wetx. public participation, 

and fee oo11ectlon. The interstate transport requirements inck:tde a dis~ 

cussion of NO"-transport and a demonstration showing that Texas does 

not cootribute :Ugnfficantly to nocettaintoent or i.nterfere with maiote· 

na.nce of the 2010 Nq, NAAQS in another statt, (Non-rule Project 

Number 2012.{)16-SlP-NR) 

A public hearing on this proposal W:if be held in Austin on August 11 

2012, at 10;00 s.m. The puhlicheari:Jg will be bcldintheTCEQ Alllltin 

headquarters at !2!00 Park 35 C~clo, Building E, IUlom lOIS. The 

by 

hearing 

interested 

will be 

persons. 

struct:nreJ 

Regist:ation 

for the recei;_;t 

wilJ begin 

of' oml 

30 

or 

minutes 

written 

prior 

~ 

to the 

LJV' ADDITION July 13, 2012 37 Ti!:<Reg 5367 

j 

' ' 
hearing. lndividWils may ~t oral statetnents when ¢filled upon 

in order of registt•tlon. There will be no open dlscussian during the 

nearing; howover, TCJ!Q staff membern will bo sva!lable to diseuss 

lbe proposal 30 minutes betlme tho hearing, 

Persons pl.w.tnill3 to attend the hce.rjng who hnvu spooial communica .. 

tion or other aeeommodalion needs should contact Margaret Earnest, 

Air Quulity Dlv:i!rion, Ill (512) 239-4581. R"luesta should be made as 

fat fn adYallC:' tU possible. 

Comments: may be submitted to Margaret ~ MC 206, SIP 

Tham. Chief Engineers Office. Texas- Commission on Epvironmental Quality, P.O. I\ox 11087, Austin, 1- 78711-3087 or &xed 

tD (512) 239><61&8. l'.Jeetronic comments may be submitted at 

!Jttp;//www,,tceq,rexas.govlru/esltcommMf'l. Flle size reotrlarinns 

way apply to comments being submitted electronicaliy, AU oom~ 

tnents should re!Onmce the "l'ropenod Fedora! Clenn Air Act Section 

IW(a)(l) and (2) Infnstruclun; nnd 1'ramport Stale lmplerncnt.tion 

Plan Revi>ion fur 1bo 1010 Nitrogon Dioxide Nalioaal Ambient 

Air Quality StiUI<iru'd" and Project Number 2012-j) 16·SIP·NR. 

The comment period (<loses August 6~ 2011. Copies of tbe proposed SII" revl>ion can be obtained from the TCBQ's \¥:b si"' at 

hlip;llwww.tceq./exas,govfaltf/ualil)llsip/CI'iterla..po/iulanl.fl•ip-m2. 

For additional information regarding the proposed SIP revision, p.lease 

contnct Margaret Earnest, Air Quality Division, at (512) 23"-4581. 

TR0-201203453 

Robert Martinez 

Diredor, ~tal Law OMsion 

Texas Commlselor. on En'.fronmemal Quality 

Fied: July 2, 2012 

• • + 

Notice of PubUc Hearing o a Propooed Revision to tile Stato 

Implementation Plan 

Tile Texos Corum!'l81on ~• En ironme1\1111 Qnality (corom!'l8ion) will 

oonduct a public hoaring to re ive testimony regarding the proposed 

Beaumont-Port Al'.hur (lll'A A!tainmont Area On-Road Mobile 

Source Ern.l.ssions Inventory Motor 'khiote Emlssiolli! Budget 

(MVEB) Updole State Imp! nfl11ion Plan (SIP) Revision. 

The propo5ed EPA SIP revlsi would update the Elght-Hour Ozono 

Rode.o!gnelion Request and ainlorulnce Plan lOr the Bl'A Ozone 

Nonattninment Area that was pted by the commission on December 

10,2008, aodapproved by the oitedStatesBnvirorunenla! Protection 

Agency (EPA) et!e<tiw Nov r 19, lOIO, Oo-rood mobile aource 

emissions inventories .and • s w<~uld be updated based on the 

EPA's latest mobile source em ions estimation model, Motor Vohkle 

EmiBslon Sinmlaror, which «:10ll5e<l on M""il 2, lOIO. (SIP 

Project Nwnher 2012-005· NR) 

A public bearing on this pro will be liold in Beaumont on August 

I, 20!2, at 6:00 p.m. The pub e ll<oring will be bold in the Homer E. 

Nogel Conferonce Room of South !lost Texas Regional PI....Ung 

Commission at 2210 &ste< F eway, The bearing will be stmetured 

fur the receipt of oml or writte comments by interested persons. Registration will begin 30 mit:wte prior to: t.'te hearing. Indivi&!ala may 

present oral statements wlten ed upon in order of registt>tion. There 

wilt be no open discussion • ng the hearing; b(IWC'V(lf, comllliuion 

staff members will be availab to discuss the proposal30 tninutu be .. 

fom lbe bearing. 

Fersoos plnnning to attend the henrlng who n.,.. spe<ial oommun!e .. tion or other acoornmodat.ton ds should contat.t Jamie Zecit, Air 

Quality Division, at (512) 23 393~. Requests s!tonld be mnde llll for 

in advance tiS possible. 

37 TexReg 5368 July 13, 2012 Texas Register 

Comments may be I!Ubmit«:d Jamie Zecb, MC 206, State Jmple· 

mentation Plan Team. Chief :nects: OflicC1 Texas Commission on Environmental Quality, P.O. x 13087, Austin. Texns 78711·3037 

or faJred to (Sl2) 239-6138. le<tronic comment> ll!llY be oubmitted 

at http://www5.tceq.tuos.go leslecomm<~nts, File si•e reslrietiona 

may ~pply to OOIJlliiOnls be' oubmiUed elocitronieally. All com· 

ments should reference the ont-l'ort Arthur Attainment Areo 

On-1\oOO Mobile Sou= E · s Invorumy ami Motor Vehicle 

F.Jnissioll9 Budget Updo!l: to lmplomenta!lon Plan Re•isioo" 

ami Ptojeot Number 2012-j)O -siP-NR. The eommeot period closes 

August 3, 2012. Copies of proposed SIP revision .. d ......,.[. 

ated appendix can be obta from the commission's Web site at 

hltp:llwww.tc"'l.lexas.gov/alrq liy/slpll;pa/bpa-iat<sl-ozont For 

additional information ro tho proposed SIP revision, please 

colltnct Jamie Z.ch, Air Qaal' Divillion, at (512) 239-3935. 

11<0-201203454 

Robert MarUnaz 

Dimctor, Envlmlll'tlOOial Law D sion 

Te~as Corr!rnaJ&km on Environ ental Quality 

Filed: July 2, 2ll12 

+ • • 

Notice of Public Meeting d Proposed Amendment and 

Reissuance General Permit umber WDWGO I 0000 

The Tew Commis:OOn on lmlltnOillal Quality (TCI!Q) p_.., tv omend ll!ld reissue tl!e Cia ( Undorgt'Olmd Injection Control (UIC) 

GooeraiPermi!NumberWD JOOOOautltorlzlngtbeuseofaC!ussl 

illje<tion well to dispose ofl!Oill>azar<doll8 brhse from a dosnlinlltion ..,._ 

eration or non.bazardous.dr' wfl.te.r treatment rooiduala (DW"IR) . 

Tho proposed genend permft P) applies to the entire lltote ofTexos. 

This GP is autlwized by Tc Water Code, §27.0Z$. 

PROPOSED AM!lNDED G AL PERMIT. The elreoutivo director hilS pn:Jll!"'d a dn!ft nme GP that authorize< the..., of • Class! 

injection well to d.i:!pose of ll!dous btine from a desalination operation or nonhazordous D "'11D amendments of this existing OP 

would incorpol111estandords disposal ofnonha2ardous DWTR that 

contain naturally oe<utring lol!<ltive material (NORM) 1aro • suit cavern Ut horizonlally bedded r non-dornn1 salt. These stanrlacds re· 

quire the-owner or operator to a perfoltnance st:a.ndittd to prevent 

the ""'""""'nt of fluids tho! old l'<>Uit in the pollution of an WlOOr• 

ground sowu of drinking . The executive director proposes to 

require reg\.Jiated Wilities to bmit a Noticeoflntentto obh.lin a'Jtti&. 

rization for injection. A Radi tive MateriaLs License is requited for 

disposal ofDWTR eontairdog ORM tho! d.., not meet"' exempted 

level for its ,.diologicol oo The proposed cllange>s to lbe GP '"' 

Included In the proposed GP doscrlbed in lhe fact sheet 

The executive director has iliis action for consisumc:y with th.t: 

goals Md policies of the Te Coastal Mall!lg"'TTenl Progrom (CM!') 

iwcording to~~ Coord' ion Council (CCC) regulatiollS IUld hns 

<lotermhsed the! the '"'tion is c 118istenl with appllcablo CMI' goals and 

policies. 

A copy of the proposed ame d GP and fact ·sheet are available fol' 

view.ing and oopying ot the Q Office of the Chief Clerk localed at 

the TCBQ's Aus!lo office, at I 100 Park 35 C'u<le, Building F. These 

documents"" ai>n nvo!lshlo tho TCilQ's 16 rogtonal Of!iC<s a,nd on tile TC.'EQ Web site at bttp:/1 .t<:eq.texas.govl....tslpuhlloipermit· 

tiog/WIISte/uio/Amended_UIC 01\pdf 

PUBUC COMMENT AND UBL!C MBBTING. You may submit 

pqbUe comment! about this G in writiog or orally -at the public meet--

ing held by the TCEQ. The p ose of a publie meeting iB to provl<le 

an opportlulity to submit com nt:t and to w;l: queztions .about the GP. 
Bryan W. Shaw, Ph.D., Chairman 

Carlos Rubinstein, Commisswner 

Toby Baker, Commissioner 

Zak Covar, Executive Director 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Reducing and Preventing Pollution 

NOTICE OF PUBLIC HEARING BY THE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

ON A PROPOSED REVISION TO THE STATE IMPLEMENTATION PLAN 

The Texas Commission on Environmental Quality (TCEQ) will conduct a public hearing 

to receive testimony regarding the proposed Federal Clean Air Act (FCAA), Section 

no(a)(1) and (2) Infrastructure and Transport State Implementation Plan (SIP) 

Revision for the 2010 Nitrogen Dioxide (NO,) National Ambient Air Quality Standard 

(NAAQS). 

The proposed SIP revision documents how the infrastructure and transport elements 

listed in FCAA, Section no( a) are currently addressed in the Texas SIP. The SIP revision 

would outline the requirements of FCAA, Section no(a)(2)(A) through (M) and the 

Texas provisions supporting the requirements. These infrastructure 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. The interstate 

transport requirements include a discussion of N02 transport and a demonstration 

showing that Texas does not contribute significantly to nonattainment or interfere with 

maintenance of the 2010 NO, NAAQS in another state. (Non-rule Project Number 

2012-016-SIP-NR) 

A public hearing on this proposal will be held in Austin on August 1, 2012, at 10:00 a.m. 

The public hearing will be held in the TCEQ Austin headquarters at 12100 Park 35 

Circle, Building E, Room 2018. The hearing -will be structured for the receipt of oral or 

-wTitten comments by interested persons. Registration will begin 30 minutes prior to the 

hearing. Individuals may present oral statements when called upon in order of 

P.O. Box 13087 • Austin, Texas 78711-3087 • 512·239-1000 • Internet address: www.tceq.texas.gov 
registration. There will be no open discussion during the hearing; however, TCEQ staff 

members will be available to discuss the proposal30 minutes before the hearing. 

Persons planning to attend the hearing who have special communication or other 

accommodation needs should contact Margaret Earnest, Air Quality Division, at (512) 

239-4581. Requests should be made as far in advance as possible. 

Comments may be submitted to Margaret Earnest, MC 206, SIP Team, Chief Engineer's 

Office, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 

78711-3087 or faxed to (512) 239-6188. Electronic comments may be submitted at 

http:jjwwws.tceq.state.tx.us/rulesjecomments. File size restrictions may apply to 

comments being submitted electronically. All comments should reference the 

"Proposed Federal Clean Air Act Section uo(a)(1) and (2) Infrastructure 

and Transport State Implementation Plan Revision for the 2010 Nitrogen 

Dioxide National Ambient Air Quality Standard" and Project Number 2012· 

016-SIP-NR The comment period closes August 6, 2012. Copies of the proposed SIP 

revision can be obtained from the TCEQ's Web site at 

http: I jwww.tceq .texas.govj airquality/ sipjcriteria-pollutantsjsip-no2. For additional 

information regarding the proposed SIP revision, please contact Margaret Earnest, Air 

Quality Division, at (512) 239-4581. 
REVISIONS TO THE STATE OF TEXAS AIR QUALIIT 

IMPLEMENTATION PLAN FEDERAL CLEAN AIR ACT SECTIONS 

no(a)(1) AND (2) INFRASTRUCTURE AND TRANSPORT 

INFRASTRUCTURE DEMONSTRATION AND TRANSPORT PLAt'< 

FOR NITROGEN DIOXIDE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

P.O. BOX 13087 

AUSTIN, TEXAS 78711-3087 

FEDERAL CLEAN AIR ACT SECTIONS uo(A)(1) AND (2) 

INFRASTRUCTURE AND TRANSPORT STATE 

IMPLEMENTATION PLAN REVISION FOR THE 2010 

NITROGEN DIOXIDE NATIONAL AMBIENT AIR QUALITY 

STANDARD 

PROJECT NUMBER 2012-016-SIP-NR 

Proposal 

June 27, 2012 
This page intentionally left blank 
EXECUTIVE SUMMARY 

This proposed revision to the state implementation plan (SIP) for nitrogen dioxide (NO.) 

infrastructure and transport is intended to meet the infrastructure requirements of the Federal 

Clean Air Act (FCAA), §no(a)(2). States are required by §no(a)(l) of the FCAA to submit SIP 

revisions to meet the infrastructure requirements within three years of promulgation of a new or 

revised National Ambient Air Quality Standard (NAAQS). On February 9, 2010, the United 

States Environmental Protection Agency (EPA) strengthened the NO, NAAQS. The new primary 

one-hour NO. standard was set at 100 parts per billion (ppb). The EPA retained the annual NO, 

standard of 53 ppb. This proposed 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, §no(a)(2) for the implementation, maintenance, and enforcement of the 2010 NO, 

NAAQS. Because the infrastructure demonstration explains bow the existing Texas statutes and 

rules will allow the state to meet its obligations under the FCAA, the infrastructure SIP bas been 

developed as an expansion of the existing Section V: Legal Authority section of Texas' SIP. This 

expanded section is unique to infrastructure SIP revisions that are submitted to meet the 

requirements of FCAA, §no(a)(t), and demonstrates that the state can provide for the 

implementation, maintenance, and enforcement of the NAAQS. 

The infrastructure demonstration outlines the requirements ofFCAA, §Ho(a)(2)(A) through 

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

Quality to meet those requirements. These requirements include basic program elements such 

as enforceable emission limitations and control measures, air quality monitoring and modeling, 

a permitting program, adequate funding and personnel, authority under state law to carry out 

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

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

transport requirements ofFCAA, §no{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 back 

trajectories from monitor sites in neighboring states to show where the air parcels come from. A 

discussion of NO, transport is included to show that Texas does not contribute significantly to 

nonattainment or interfere with maintenance of the 2010 NO, NAAQS in another state. 

ES..1 
SECTION V: LEGAL AUTHORI1Y 

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 (New) 

1. 2010 Nitrogen Dioxide National Ambient Air Quality Standard (New) 
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 8tst 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 tbat affects their 

territorial jurisdiction, may bring enforcement actions, and may execute cooperative agreements 

witb 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 "ith the provisions of 

the TCAA and the rules or orders of the commission. 

ii 
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 & SAFE'IY CODE, Chapter 382 

TEXAS WATER CODE 

Chapter 5: Texas Natural Resource Conservation Commission 

Subchapter A: General Provisions 

September 1, 2011 

September 1, 2011 

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 

Subcilapter J: Consolidated Permit Processing 

Subchapter L: Emergency and Temporary Orders (§§5.514, 5·5145, and 5.515 only) 

Subchapter M: Environmental Permitting Procedures (§s.sss 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) 

Subcilapter 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 T Memoranda of Understanding, §§7.110 and 7.119 

December 13, 1996 and May 2, 2002 

Chapter 19: Electronic Reporting 

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

Permits; Temporary Suspension or Amendment of Permit Conditions 

iii 

March 15, 2007 

July 20, 2006 
Chapter 39: Public Notice, §§39·402(a)(1)-(6), (8), and (1o)-(12), 39-405(f)(3) 

and (g), (h)(1)(A)-(4), (6), (8)-(u), (i) and G), 39.407, 39409, 39·4H(a), 

(e)(1)-(4)(A)(i) and (iii), (4)(B), (S)(A) and (B), and (6)-(10), (n)(A)(i) and 

(iii) and (iv), (H)(B )-(F), (13) and (15), and (f)(t)-(8), (g) and (h), 39·418(a), 

(b)(2)(A), (b)(3), and (c), 39.419(e), 39-420 (c)(t)(A)-(D)(i)(I) and (II), 

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

Chapter ss: 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)(l), (e), and (g) June 24, 2010 

Chapter 101: General Air Quality Rules October 27, 2011 

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 August 11, 2011 

Chapter 115: Control of Air Pollution from Volatile Organic Compounds 

Chapter 116: Permits for New Construction or Modification 

Chapter 117: Control of Air Pollution from Nitrogen Compounds 

Chapter 118: Control of Air Pollution Episodes 

December 29, 2011 

March 1, 2012 

April19, 2012 

March s. 2000 

Chapter 122: §122.122: Potential to Emit December 11, 2002 

Chapter 122: §122.215: Minor Permit Revisions June3,2001 

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 

iv 

June 3, 2001 
SECflONV-C-t: INFRASTRUCTURE DEMONSTRATION FOR THE 201o 

NITROGEN DIOXIDE NATIONAL AMBIENT AIR QUALITY STANDARD 

A. Background 

Section no(a)(l) 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 Standard (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 no(a)(2) lists the 

elements that these SIP submissions must contain. 

On February 9, 2010, the EPA strengthened the nitrogen dioxide (NO,) NAAQS. The new 

primary one· hour NO, standard was set at 100 parts per billion (ppb). The EPA retained the 

annual NO, standard of 53 ppb. This proposed SIP revision is intended to provide an update of 

the §no(a)(2) infrastructure requirements for the 2010 NO, NAAQS within three years after the 

promulgation of the revised NAAQS, or by January 22, 2013. This chapter outlines FCAA, 

§uo(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 

meet the §no(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 §uo(a)(l) requirement to provide for the implementation, 

maintenance, and enforcement of the NA.A..QS. 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 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, §no(a)(l) infrastructure demonstration requirement. The EPA has 

not yet proposed infrastructure or transport guidance for the 2010 NO, 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 Texas Commission on Environmental 

Quality (TCEQ) is proceeding with publication of this proposed SIP revision to ensure that there 

are 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 ofFCAA, §11o(a)(2); however, this proposed SIP 

revision reflects the methods and means by whicll Texas meets these requirements at the time of 

this SIP revision. Should future federal rule changes necessitate state rnle changes, the TCEQ 

will act appropriately at that time. 

B. Texas Statutory Authoritv 

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. 

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

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

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

Civil Statutes. The Legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985, 1987, 1989, 

1991, 1993, 1995, 1997, 1999, 2001, 2003, 2005, 2007, 2009, and 2011. In 1989, the TCAA was 

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

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

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

air resources. In 1991, the legislature abolished the TACB effective September 1, 1993, and its 

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

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

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

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

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

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

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

and to conduct bearings. 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 8Jst 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 he 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. 

vi 
Statutory Authority 

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

the adoption and implementation of all §no(a)(2) requirements. 

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

Texas Water Code: 

§5.013(a)(11) & (13) 

§5.051. 

§5.052. 

§5.053. 

§5.054. 

§5.059. 

§5.o6o. 

§5.101. 

§5.102. 

§5.103. 

§5.104. 

§5.105. 

§5.106. 

§5.107. 

§5.115. 

§5.117. 

§5.120. 

§5.133· 

§5.1733· 

§5.223. 

§5.230. 

§5.233· 

§5.234· 

§5.237· 

§5.501. 

§5.502. 

§5.514. 

§5.515. 

§5.701(a) 

§5.702. 

§5.703. 

§5.704. 

§5.705. 

§7.002. 

§7.032. 

§7.051. 

§7.052. 

§7.053· 

§7.061. 

§7.066. 

GENERAL JURISDICTION OF COMMISSION 

COMMISSION 

MEMBERS OF THE COMMISSION; APPOINTMENT 

ELIGIBILI1Y FOR MEMBERSHIP 

REMOVAL OF COMMISSION MEMBERS 

CONFLICT OF INTEREST 

LOBBYIST PROHIBITION 

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 QUALI1Y OF ENVIRONMENT 

ACTIONS IN MEXICO 

ELECTRONIC POSTING OF INFORMATION 

ADMINISTRATIVE ORGANIZATION OF COMMISSION 

ENFORCEMENT 

GIFTS AND GRANTS 

APPLICATIONS AND OTHER DOCUMENTS 

OPERATING FUND 

EMERGENCY AND TEMPORARY ORDER OR PERMIT; TEMPORARY 

SUSPENSION OR AMENDMENT OF PERMIT CONDITION 

APPLICATION FOR EMERGENCY OR TEMPORARY ORDER 

ORDER ISSUED UNDER AIR EMERGENCY 

EMERGENCY ORDER BECAUSE OF CATASTROPHE 

FEES 

PAYMENT OF FEES REQUIRED WHEN DUE 

FEE ADJUSTMENTS 

NOTICE OF CHANGE IN PAYMENT PROCEDURE 

NOTICE OF VIOLATION 

ENFORCEMENT AUTHORI1Y 

INJUNCTIVE RELIEF 

ADMINISTRATIVE PENALlY 

MAXIMUM PENALlY 

FACTORS TO BE CONSIDERED IN DETERMINATION OF PENALlY 

AMOUNT 

PAYMENT OF PENALlY; PETITION FOR REVIEW 

REFERRAL TO ATTORNEY GENERAL 

vii 
§7.067. 

§7.072. 

§7.073. 

§7.101. 

§7.102. 

§7.103. 

§7.105. 

§7.106. 

§7.177-

§7.178. 

§7.179· 

§7.180. 

§7.181. 

§7.182. 

§7.183. 

§7.186. 

§7.187. 

§7.302. 

SUPPLEMENTAL ENVIRONMENTAL PROJECTS 

RECOVERY OF PENALTY 

CORRECTIVE ACTION 

VIOLATION 

MAXIMUM PENALTY 

COJ\'TINUING VIOLATIONS 

CMLSUIT 

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 ACr 

IMPROPER USE OF MONITORING DEVICE 

RECKLESS EMISSION OF AIR CONTAMINANT AND 

ENDANGERMENT 

INTENTIONAL OR KNOWING EMISSION OF AIR CONTA..VIINANT 

AND KNOWING ENDANGERMENT 

SEPARATE OFFENSES 

PENALTIES 

GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT 

C. Texas Regulatozy 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, §no(a)(2) requirement are noted below. 

FCAA, §uo(a)(a)(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 

Chap. 101 

Chap.106 

Chap.111 

Chap.112 

Cbap.113 

Memoranda of Understanding 

General Air Quality Rules 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution from Visible Emissions and Particulate Matter 

Control of Air Pollution from Sulfur Compounds 

Standards of Performance for Hazardous Air Pollutants and for Designated 

Facilities and Pollutants 

viii 
Chap.114 

Chap.115 

Chap.116 

Chap.117 

Chap. uS 

Control of Air Pollution from Motor Vehicles 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

Control of Air Pollution Episodes 

FCAA, §uo(a)(2)(B) 

Federal Requirem!l!l! 

(B) provide for establishment and operation of appropriate devices, methods, 

systems, and procedures necessary to (i) monitor, compile, and analy-ze 

data on ambient air quality, and (ii) make such data available to the 

Administrator; 

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 

Chap.106 

Chap.lll 

Chap.112 

Chap. us 

Chap.n6 

Chap.117 

General Air Quality Rules 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution from Visible Emissions and Particulate Matter 

Control of Air Pollution from Sulfur Compounds 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

FCAA, §11o(a)(2)(C) 

Federal Requirement 

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

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

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

as necessary to assure that national ambient air quality standards are 

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

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 

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

The EPA has recently promulgated regulations for the permitting of greenhouse gases under the PSD 

program. Although Texas bas 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. Therefore, a lack of pennitting requirements in Texas rules for greenhouse gas emissions does not 

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

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

Chap.35 

Chap.39 

Chap. 55 

Chap.1o1 

Chap.106 

Chap.112 

Chap.115 

Chap.u6 

Chap.117 

Emergency and Temporary Orders and Permits; Temporary Suspension or 

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

Public Notice 

Requests for Reconsideration and Contested Case Hearings; Public Notice 

General Air Quality Rules 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution from Sulfur Compounds 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

FCAA, §uo(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 en 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 

ll.S (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 §uo(a)(2)(D)(i)(I). 

Texas has a SIP-approved PSD and nonattainment new source review (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 §no(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 chapter of 30 TAC contains rules relevant for this federal requirement: 

Chap.lOl General Air Quality Rules 

FCAA. §uo(a)(2)(E) 

Federal Requirement 

(E) provide (i) necessary assurances that the State (or, except where the 

Administrator deems inappropriate, the general purpose local 

government or governments, or a regional agency designated by the State 

or general purpose local governments for 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 

X 
-

implementation plan or portion thereoO, (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. 

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

this document. The TCEQ also regularly submits a legal authority with SIP revisions submitted 

to the EPA. 

FCAA. §no(a)(2)(F) 

Federal Requirement 

(F) require, as may he 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 is 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, whicil provides data that is used in air quality modeling to help Texas prepare SIP 

revisions. Emissions data are available at reasonable times for public inspection, with some 

information also available on the agency Web site. 

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

Chap.lol 

Chap.106 

Chap.u1 

Chap.n2 

Chap. us 

Chap. 116 

Chap.117 

General Air Quality Rules 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution from Visible Emissions and Particulate Matter 

Control of Air Pollution from Sulfur Compounds 

Control of Air Pollution from Volatile Organic Compounds 

Control of Air Pollution by Permits for New Construction or Modification 

Control of Air Pollution from Nitrogen Compounds 

FCAA. §11o(a)(2)(G) 

Federal Requirement 

(G) provide for authority comparable to that in section 303 and adequate 

contingency plans to implement such authority; 

xi 
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 Ioday's Texas Air Oualitv Forecast Web site 

(http:/ /www.tceq.texas.gov I compliance/ monitoring/ air /monops/forecast_today.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.n8 Control of Air Pollution Episodes 

FCAA, §uo(a)(2)(H) 

Federal Requirement 

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

necessary to take account of revisions of such national primary or 

secondary ambient air qaality 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 Reguirement 

The TCEQ regularly revises the Texas SIP in response to re>isions in the NAAQS and EPA rules. 

See §no(a)(2)(A) above. 

FCAA, §11o(a)(2)(1) 

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); 

Texas Reguirement 

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

attainment of the NA4cQS are not required by the FCAA to be submitted within three years of the 

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

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

FCAA,§llO(a)(2){J) 

Federal Reguirement 

(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 

xii 

-
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.' On October 28, 2010, the 

EPA signed a notice withdrawing its limited approval/limited disapproval ofthe SIP revisions 

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

(75 FR 68291). The TCEQ consults with other state agencies, local agencies, and nongovernmental organizations, as well as with the environmental agencies of other states 

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

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

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

emissions from Texas facilities. 

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

Chap.7 

Chap.35 

Memoranda of Understanding 

Emergency and Temporary Orders and Permits; Temporary Suspension or 

Amendment of Permit Conditions; Subchapters H and K 

Chap.101 General Air Quality Rules 

Chap.u6 Control of Air Pollution for New Construction or Modification 

FCAA, §uo(a)(2)(K) 

Federal Requirement 

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

Administrator may prescribe for the purpose of predicting the effect on 

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

Administrator has established a national ambient air quality standard, 

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

modeling to the Administrator; 

Texas Requirement 

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

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

part of the NSR permitting program. 

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

Chap.u6 Control of Air Pollution for New Construction or Modification 

FCAA, §uo(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 

1 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. 

xiii 
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: 

Payment of Fees 

General Air Quality Rules 

Chap.12 

Chap. 101 

Chap.1o6 

Chap.u6 

Permits by Rule, Subchapter A, General Requirements 

Control of Air Pollution by Permits for New Construction or Modification 

FCAA, §uo(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, §Ho(a)(l) and (2) for the 2010 N02 NAAQS. 

xiv 

_ .. 
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) 

){\/ 
Executive Summary 

Section V: Legal Authority 

Section V-A: Legal Authority 

A. General 

B. Applicable Law 

TABLE OF CONfENfS 

Section V-C-1: Infrastructure Demonstration for the 2010 Nitrogen Dioxide National Ambient 

Air Quality Standard 

A. Background 

B. Texas Statutory Authority 

C. Texas Regulatory Authority 

FCAA, §uo(a){2){A) 

FCAA, §uo(a)(2)(B) 

FCAA, §uo(a){2)(C) 

FCAA, §uo(a){2)(D) 

FCAA, §uo(a){2)(E) 

FCAA, §uo(a)(2)(F) 

FCAA, §uo(a)(2)(G) 

FCAA, §uo(a){2)(H) 

FCAA, §no(a){2){1) 

FCAA, §uo(a){2)(J) 

FCAA, §no(a)(2)(K) 

FCAA, §uo(a)(2)(L) 

FCAA, §no(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 

xvi 
-

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 Modeling 

2.2.1.2 Review and Analysis of Monitoring Data 

2.2.2 NO, Controls 

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

xvii 
CFR 

EPA 

EDMS 

FCAA 

FIP 

FR 

NAAQS 

NO. 

NOx 

NSR 

ppb 

ppm 

PSD 

SIP 

TAC 

TACB 

TCAA 

TCEQ 

TNRCC 

TR 

LIST OF ACRONYMS 

Code of Federal Regulations 

United States Environmental Protection Agency 

Emissions and Dispersion Modeling System 

Federal Clean Air Act 

Federal Implementation Plan 

Federal Register 

National Ambient Air Quality Standard 

Nitrogen dioxide 

Nitrogen oxides 

New Source Review 

parts per billion 

parts per million 

Prevention of Significant Deterioration 

State Implementation Plan 

Texas Administrative Code 

Texas Air Control Board 

Texas Clean Air Act 

Texas Commission on Environmental Quality (commission) 

Texas Natural Resource Conservation Commission 

Texas Register 

xviii 
LIST OF TABLES 

Table 2-1: EPA Region 6 NO. Monitor Sites in 2010 

xix 
LIST OF FIGURES 

Figure 2-1: 2008 through 2010 One-Hour N02 Design Values in EPA Region 6 

Figure 2-2: 2008 through 2010 Annual N02 Design Values in EPA Region 6 

Figure 2-3: One-Hour N02Design Values by County in Texas or Three-Year Averages 

Figure 2-4: Annual N02 Design Values by County in Texas or Three-Year Averages 

Figure 2-5: Samples of Seasonal Cycle of N02 Concentrations in States Neighboring Texas 

Figure 2-6: Back Trajectory Analysis Showing Predominant Wind Patterns from 2008 through 

2010 

XX 
CHAPTERt: 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 {TCEQ1 Web site (http://www.tceq.texas.gov). 

1.2 INTRODUCTION 

This proposed SIP revision for the transport of nitrogen dioxide (NO,) under the 2010 NO, 

National Ambient Air Quality Standard (NAAQS) describes how the Texas Commission on 

Environmental Quality (TCEQ) meets the requirements of §no(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 a 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 February 9, 2010, the EPA published the final rule to strengthen the primary NAAQS for 

NO,. The rule established a new one-hour NO, standard at 100 ppb. The EPA also retained the 

current annual average NO, standard of 53 ppb. On February 17, 2012, the EPA published in the 

Federal Register (FR) the initial designations for the 2010 NO, NAAQS, and identified all areas 

in the United States as unclassifiable(attainment. According to data from 2008 through 2010, 

no area in Texas monitors above the 100 ppb standard or the annual standard of 53 ppb. 

In the latest NO, Risk and Exposure Assessment created during the NAAQS revision process, 

and as reiterated in the preamble of the final rulemaking (75 FR 6474) on the primary NAAQS 

for NO,, the EPA recognized "that roadway-associated exposures account for a majority of 

ambient exposures to peak NO, concentrations» (EPA, 2011). 

For the 2010 NO, NAAQS, the EPA changed the monitoring network requirements to capture 

both peak NO, concentrations that occur near roadways and community-wide NO, 

concentrations. In Texas, two near-road NO, monitors in Dallas-Fort Worth and HoustonGalveston-Brawria must begin operating no later than January 1, 2013. Two near-road NO, 

monitors in San Antonio and Austin-Round Rock must begin operating no later than January 1, 

2014. In 2016 or 2017, once the expanded network of NO, monitors is fully deployed and three 

years of air quality data have been collected, the EPA intends to redesignate areas if necessary 

based on data from the new monitoring network. 

Based on the lack of NO, nonattainment or maintenance areas in the four states surrounding 

Texas and EPA studies showing lack of long distance transport of roadway NO, emissions, this 

SIP revision demonstrates that Texas has adequately addressed the transport requirements of 

FCAA §no(a)(2)(D)(i). 

1-1 
1.3 HEALTH EFFECTS 

In 2010, the EPA established a one-hour NAAQS for NO,. To support the 2010 one-hour N02 

standard, the EPA provided information indicating the annual NAAQS was not sufficient to 

protect individuals from health effects after a shorter exposure duration. Current scientific 

evidence links short-term NO, exposures, ranging from 30 minutes to 24 hours, with adverse 

respiratory effects including airway inflammation in healthy people and increased respiratory 

symptoms in people with asthma. Also, studies show a connection between breathing elevated 

short-term NO. concentrations and increased visits to emergency departments and hospital 

admissions for respiratory issues, especially asthma. 

Short-term exposure to elevated NO. concentrations is of particular concern for susceptible 

individuals, including people with asthma, children, and the elderly. 

1.4 PUBLIC HEARING AND COMMENT INFORMATION 

The commission will hold a public hearing for this proposed SIP revision at the following time 

and location: August 1, 2012, at 10:00 a.m., Texas Commission on Environmental Quality, 

12100 Park 35 Circle, Building E, Room 201S, Austin, Texas. 

Written comments will be accepted via mail, fax, or through the eComments 

(http://www5.tceq.texas.gov /rules/ ecomments/) system. All comments should reference the 

"Infrastructure Demonstration and Transport Plan for the 2010 NO, National Ambient Air 

Quality Standard" and Project Number 2012-016-SJP-NR. Comments may be submitted to 

Margaret Earnest, MC 206, State Implementation Plan Team, Chief Engineer's Office, Texas 

Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to 

(512) 239-6188. Electronic comments may be submitted through the eComments system. File 

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

must be received by August 6, 2012. 

An electronic version of this proposed SIP revision and appendices can be found at the TCEQ's 

SIP Hot Topics Web page (http:/ jwww.tceq.texas.gov/airquality/sip/Hottop.html). 

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, IMPLFMENTATION, 

AND ENFORCEMENI' 

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

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

regarding air quality matters in the State of Texas. 

1-2 
1.9 DATAAVAILABILI'IY 

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's SIP Web site 

(http:/ jwww.tceq.texas.gov/airquality/sip) or are available from the TCEQ upon request. 

References 

EPA, 2011. Near-Road NO, Monitoring Technical Assistance Document DRAFT, December 21. 

Accessed March 2012: http:/ jwww.epa.gov/ttnamtil/files/nearroad/2011122ltad.pdf. 

1-3 
CHAPTER 2: REQUIRED CONTROL STRATEGY ELEMENfS 

2.1 BACKGROUND 

The United States Environmental Protection Agency (EPA) first set the National Ambient Air 

Quality Standard (NAAQS) for nitrogen dioxide (N02 ) in 1971. The EPA chose to retain the NO. 

NAAQS after review in both 1985 and 1996. In 2010 EPA decided to retain theannualN02 

NAAQS and add a new, one-hour standard at a level of 100 parts per billion (ppb) (75 FR 6474). 

All areas in the United States presently meet the annual N02 NAAQS of 0.053 parts per million 

(ppm) (53 ppb), with average annual NO. concentrations ranging from 10 ppb to 20 ppb (EPA 

2012). In 2012, the EPA designated all areas in the United States as "unclassifiablejattainment" 

for the one-hour NO. NAAQS ( 77 FR 9532). 

NO. is a highly reactive gas. Because NO. reacts to form other species, its concentrations are 

greater when closer to its emission source (75 FR 6474). N02 is primarily formed by fossil fuel 

combustion, lightning, biomass burning, and nitrification of soil by microorganisms. Examples 

of common anthropogenic NO, emission sources are internal-combustion engines; residential 

water heaters; industrial heaters and flares; and industrial and commercial boilers. Mobile, 

residential, and commercial NO, sources are usually numerous, smaller sources distributed over 

a large geographic area, while industrial sources are usually large point sources, or numerous 

small sources, clustered in a small geographic area. The EPA's 2002 National Emission 

Inventory reported 58% of anthropogenic NO. is emitted by mobile sources, 22% is emitted by 

utilities, 12% is emitted by industrial-commercial-residential combustion, and 8% is emitted by 

other sources. 

2.2 CONTROL STRATEGY OVERVIEW 

Federal Clean Air Act (FCAA) §no(a)(2)(D)(i)(I) requires states to submit a state 

implementation plan (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. 

2.2.1 Significant Contribution to Nonattainment and Interference with 

Maintenance Elements 

2,2.1.1 Modeling 

Since no area of the United States is designated nonattainment according to the EPA action of 

January 20, 2012, the TCEQ will not be conducting any modeling or modeling analysis for this 

SIP revision. 

2.2.1.2 Review and Analysis of Monitoring Data 

In 2010, there were 42 regulatory NO. monitors in Texas, 10 in New Mexico, four in Oklaltoma, 

two in Arkansas, and 12 in Louisiana. A list of these monitors is found in Table 2-1: EPA Region 

6 NO, Monitor Sites in 2010. These monitors are located primarily in urban areas and along 

highways as seen in Fignre 2-1: 2008 through 2010 One-Hour NO, Design Values in EPA 

Region6. 

2-1 
Table 2-1: EPA Region 6 NO. Monitor Sites in 2010 

One-Hour Annual 

Design Value Design Value 

2008-2010 2008-2010 

AIRS State County Site Name (ppb) (ppb} 

050350005 Arkansas Crittenden Marion 47 10 

051190007 Arkansas Pulaski Parr 44 10 

220050004 Louisiana Ascension Dutchtown 42 8 

220190008 Louisiana Calcasieu Westlake 35 7 

220330003 Louisiana East Baton Rouge l5U 53 11 

220330009 Louisiana East Baton Rouge Capitol 54 13 

220330013 Louisiana East Baton Rouge Pride 17 3 

220331001 Louisiana East Baton Rouge Baker 36 6 

220470007 louisiana lberville Grosse Tete 27 4 

220470009 louisiana lberville Bayou Plaquemine 28 4 

220470012 louisiana lberville Carville 37 7 

220511001 louisiana Jefferson Kenner 48 8 

220630002 Louisiana livingston French Settlement 19 3 

221210001 louisiana west Baton Rouge Port Allen 53 11 

350010023 New Mexico Bernalillo Del Norte High School 55 12 

350130021 New Mexico Dona Ana Sunland Park 53 9 

350130022 New Mexico Dona Ana Santa Teresa International Blvd 43 5 

350151005 New Mexico Eddy Carlsbad 22 2 

350250008 New Mexico Lea Hobbs-Jefferson 41 6 

350290003 New Mexico luna luna 30 5 

350450009 New Mexico San Juan Deming 12 

350450018 New Mexico San Juan Navajo lake 38 10 

350451005 New Mexico SanJuan San Juan Substation 37 9 

350451233 New Mexico San Juan Dine College, GIS lab 7 

400019009 Oklahoma Adair Stilwell 3 

401090033 Oklahoma Oklahoma OKC Central 49 9 

401091037 Oklahoma Oklahoma OKC North 39 7 

401431127 Oklahoma Tulsa North Tulsa 8 

480290052 Texas Bexar Camp Bullis CAMS 58 26 4 

480290059 Texas Bexar Calaveras lake CAMS 59 34 4 

480391004 Texas Brazoria Manvel Croix Park 36 5 

480391016 Texas Brazoria lake Jackson 22 3 

481130069 Texas Dallas Dallas Hinton 55 13 

481130075 Texas Dallas Dallas North #2 45 10 

481130087 Texas Dallas Dallas Redbird Airport Executive 9 

481210034 Texas Denton Denton Airport SOuth 35 6 

481390016 Texas Ellis Midlothian OFW 44 7 

481391044 Texas Ellis Italy CAMS 1044 30 4 

481410037 Texas El Paso El Paso UTEP 60 14 

481410044 Texas El Paso El Paso Chamizal 60 14 

481410055 Texas EIPaso Ascarate Park 63 17 

481671034 Texas Galveston Galveston 99th Street 33 4 

481830001 Texas Gregg Longview 36 7 

482010024 Texas Harris Houston Aldine 44 9 

482010026 Texas Harris Channelview 59 10 

482010029 Texas Harris NW Harris County 31 5 

2-2 
One-Hour Annual 

Design Value Design Value 

2008-2010 2008-2010 

AIRS State Coun!X Site Name (ppb) (ppb) 

482010047 Texas Harris Lang Rd 56 13 

482010055 Texas Harris Bayland Park 45 9 

482010075 Texas Harris Texas Ave 56 15 

482010416 Texas Harris Park Place 55 12 

482011015 Texas Harris Lynchburg Ferry 9 

482011034 Texas Harris Houston East 54 14 

482011035 Texas Harris Clinton Drive 50 14 

482011039 Texas Harris Deer Park #2 42 7 

482011050 Texas Harris Seabrook Friendship Park 35 5 

482030002 Texas Harrison Karnack 21 4 

482311006 Texas Hunt Greenville 30 5 

482450009 Texas Jefferson Beaumont Downtown 40 8 

482450022 Texas Jefferson Hamshire 28 4 

482451035 Texas Jefferson Nederland HS 33 5 

482570005 Texas Kaufman Kaufman 30 4 

483091037 Texas Mclennan Waco Mazanec 29 3 

483390078 Texas Montgomery Conroe Relocated 35 5 

483491051 Texas Navarro Corsicana Airport 4 

483611001 Texas Orange West Orange 33 5 

484230007 Texas Smith Tyler Airport Relocated 21 4 

484391002 Texas Tarrant Fort Worth Northwest 54 10 

484393009 Texas Tarrant Grapevine Fairway 40 8 

484393011 Texas Tarrant Arlington Municipal Airport 40 9 

484530020 Texas Travis Austin Audubon Society CAMS 38 22 3 

2-3 
The current monitor network is designed to monitor air representative of neighborhood or area 

scale in accordance with historical40 CFR Part 58, Appendix D requirements rather than to 

capture peak N02 concentrations emitted by mobile sources. The TCEQ expects to add nearroad monitors in the Dallas-Fort Worth, Houston-Galveston-Brazoria, San Antonio, and AustinRound Rock areas, as mandated by the new federal monitoring requirements. As mentioned in 

the 2010 N02 NAAQS, concentrations fall quickly with distance from roadways and rapidly 

reach the same concentration shown by current area monitors, suggesting that little to no 

transport of N02 occurs. 

According to EPA studies, peak N02 concentrations are located on or immediately adjacent to 

high traffic roads. The EPA studies examined N02 concentrations at less than 20 meters, 

between 20 and 100 meters, and greater than 100 meters (EPA, 2008). Using the studies, the 

EPA determined the greatest risk was closer to the roadways. The new near-road monitoring · 

network places monitors within 50 meters of the roadway. 

Figure 2-1 also indicates that all monitor sites in EPA Region 6 are below the one-hour N02 

NAAQS. The highest concentrations measured are located near urban and/or industrial areas. 

Monitors in less urban areas measured lower concentrations. Monitoring sites located near the 

northern and eastern Texas border have lower concentrations than those in city centers. 

. .. 

r. ;.... 

• 

H02 OHign V.luo 2010 

Ono 110 .. DV IPPI>I 

I.M• W\MI II 0 

a ID·~O 

• ao-•ro 

• 48D·~D 

• ,.0·1!' c 

e MD....si!Oov• 

Figure 2-1: 2008 through 2010 One-Hour N02 Design Values in EPA Region 6 

2-4 
Figure 2-2:2008 through 2010AnnualN02Design Values in EPA Region 6 shows that all N02 

monitors in Texas and neighboring states are below the 2010 annual N02 NAAQS, which is 53 

ppb. Monitors near urban areas have higher annual design values than monitors in less urban 

areas and along the borders of Texas. The highest annual N02 design value measured in EPA 

Region 6 was 17 ppb at Ascarate Park CAMS 37 in El Paso. 

•• • 

• 

• • 

• .--

• • 

• 

LAgend 

N02 Dooign V.h10 2010 

An"""IDV~I 

:...Wt \!\11")1 

!I • 10 

Figure 2-2: 2008 through 2010 Annual N02 Design Values in EPA Region 6 

2-5 
Figure 2-3: One-Hour N02 Design Values by County in Texas or Three-Year Averages shows 

trends in one-hour N02 design values for all counties in Texas monitoring N02 concentrations. 

All counties are below the 2010 N02 NAAQS. All areas also show slight downward trends or flat 

trends. No area exhibits an increase in monitored N02 concentrations. Large fluctuations in the 

Bexar county trend are due to data availability from the San Antonio Downtown C27 monitor. 

The monitor did not have valid one-hour design values in 2003 through 2005. In 2002 and 

2006 through 2009, this monitor had the highest design value in Bexar County. 

110 ppb 

100 

90 

80 

70 -

60 

50 

40 

30 

20 

10 

0 

2000 

One-Hour N02 Design Values by County in Texas 

2010 One-Hour N02 NAAQS 

Bexar 

-..Ellis 

_._ Hunt 

Orange 

...,. Brazoria 

-+- Galveston 

Jefferson 

Smith 

Dallas 

- Gregg 

Kaufman 

Tarrant 

.... --------"""w------~-~ ~ / ,.....___ • ---__;;~ .... ;:::::: * .. 

2001 2002 2003 2004 2005 2006 

Denton --EI Pa so 

Harris Harrison 

Mclennan Montgomery 

Travis 

' I( 

------ * 

* Design Values are fr om EPA's AQS. 

2007 2008 2009 2010 

Figure 2-3: One-Hour N02 Design Values by County in Texas or Three-Year 

Averages 

2-6 
.... , 

Figure 2-4: Annual N02 Design Values by County in Texas or Three-Year Averages shows 

annual design value trends for all counties in Texas monitoring N02. Annual design values also 

have slight downward or flat trends for all areas in the state. The highest design values in 2010 

were in El Paso, Harris, and Dallas counties. These counties tend to be impacted primarily by 

N02 emitted by on-road mobile sources. Monitors located in more rural areas tend to show 

lower N02 concentrations. The impact low N02 concentrations measured throughout Texas 

would have on other states would be insignificant. 

Annual N02 Design Values by County in Texas 

55 ppb 

50 2010 Annual N02 NAAQS = 53ppb 

45 -..sexar _.Brazoria +- Dallas 

~Denton ....., EIPaso ..... Ellis 

40 - Galveston - Gregg Harris 

-..Harrison -e-Hunt Jefferson 

35 Kaufman Marion Mclennan 

Montgomery Navarro Orange 

30 Smith Tarrant Travis 

25 

•oesian Values are from EPA's AQS. 

0 

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 

Figure 2-4: Annual N02 Design Values by County in Texas or Three-Year Averages 

N02 monthly trends follow a similar pattern for most monitors in all of EPA Region 6. Trends in 

general show higher values in cooler months and lower values in warmer months. This is true 

for all calculated statistics, except the global maximum, or maximum over all monitors, which 

can vary greatly. 

The most likely reason for this pattern is that in cooler months the mixing layer, or layer of wellmixed ambient air near the surface, is shallow, which traps the N02 in a smaller volume of air 

near the surface. In contrast, the mixing layer is deep during warmer months, diluting N02 

concentrations in a larger volume of air. Another important reason for this pattern, at least for 

states or regions near the Gulf of Mexico, is that in summer months, winds are predominantly 

out of the Gulf of Mexico. 

2-7 
Examination of NO, patterns by month shows that typically December and January record the 

highest concentrations and June and July the lowest concentrations. Monitors where 

concentrations are low to begin with do not show a trend, while monitors with higher 

concentrations exhibit a well defined pattern. Representative examples of higher concentrations 

based on averages from 2008 through 2010 are shown in Figure 2-5: Samples of Seasonal Cycle 

of NO, Concentrations in States Neighboring Texas. 

OK (4010910371 NM (31100100231 

lQ i"l D !'l D 

~ ~ 

~ ~ 

"' !!! "' 1\l 0 0 z z: 

2 

!!! 

Jan Mar May Jul Sep ~"" Jan M., May Jul Sop N"" 

Month MO!>Ih 

LA (2212100011 AR 1061190007) 

D l'l D ~ ~ fl ~ ~ 

"' fl "' 0 0 !£ z z 

\!1 :;! 

Jan Mar May Jul Sop NOY Jan Mar May Jul Sop N<W 

Month Month 

Figure 2-5: Samples of Seasonal Cycle of NOz Concentrations in States Neighboring 

Texas 

(Note: concentrations shown are monthly median of one-hour NO, standard) 

To assess possible impacta of transported NO, on a neighboring state, back trajectory analysis 

was conducted to identify the most likely paths (mean-trajectory-path), if any, of possible NO, 

transport. There are some assumptions associated with this procedure. For example, there is no 

link between a mean-trajectory-path and an NO, concentration. A mean-trajectory-path only 

provides an indication; much more analysis is needed to confirm an impact. 

To construct back trajectories, the Hybrid Single Particle Lagrangian Integrated Trajectory 

(HYSPUT) (http: //ready.arl.noaa.gov /HYSPLIT.php) model version 4, developed by the 

National Oceanic and Atmospheric Administration, was employed. Representative monitors 

were chosen from states adjacent to Texas. For each of these monitors, cluster analysis was 

performed to find the mean-trajectory-path. This mean-trajectory-path represents the "average" 

of a group of trajectories from which air currents traveled from other places to a representative 

monitor. This method quantifies the directions and frequency of air traveling to the monitor, but 

cannot identify precise routes of travel of airborne particles. 

Details of HYSPLIT parameters are as follows: trajectories were created at the receptor site for 

the approximate hour of peak NO, for all trajectories, which is defined as 7:00 a.m. Local 

Standard Time. Trajectory height was set to Soo meters to ensure transport within the mixing 

layer. Each trajectory was 12 hours in duration and the Emissions and Dispersion Modeling 

2-8 
System, or EDAS-4KM, meteorological data sets were used. Trajectories were created for days at 

or above the goth percentile of NO, at the receptor site. Results suggest that Oklahoma would be 

most likely to be affected by air from Texas, however, very little if any directly emitted NO, 

would be expected to travel from the closest major urban source in Texas to the nearest 

Oklahoma metropolitan area due to its high reactivity. Two likely transport paths were 

identified by the clustering procedure, which accounted for 22% of the 224 trajectories ending in 

Oklahoma. Louisiana is next likely to be affected by Texas, though to a much lesser degree, 

accounting for 14% of 216 total trajectories ending in Louisiana. New Mexico and Arkansas do 

not show transport paths from Texas. 

Of particular interest due to its close proximity to Texas, the New Mexico cluster shows air being 

drawn from Mexico (see path 2 in panel3 of Figure 2-6: Back Trajectory Analysis Showing 

Predominant Wind Patterns from 2008 through 2010). However, since this path represents the 

"average path," there are some trajectories grouped into this cluster that emanate from Texas, 

though the majority are from Mexico. Although the clusters show possible evidence of transport, 

this analysis does not confirm any link between NO, generated beyond the monitor and the 

measured NO, at the monitor. 

Based on this analysis, there are some days where air is transported from Texas to areas in 

neighboring states that have monitors. However, it is unlikely that significant amounts of NO, 

are being transported in the air masses that pass from Texas into neighboring states. The 

reactivity of NO, coupled with the distance from major Texas areas of NO, emissions make it 

highly unlikely that Texas NO, emissions significantly impact other states. In fact, the EPA has 

found that peak NO, concentrations are found on roadways. The concentrations decrease 

rapidly with distance from roads. Finally, states surrounding Texas are measuring attainment of 

the NO, NAAQS; therefore, Texas sources are not contributing to an exceedance of the NAAQS 

in neighboring states. 

2-9 
1/C 

2 , ... 

Oklahoma Louisiana 

l 41 

) 21 

New Mexico j.__l __ A_r_ka_ns_as.___ 

Figure 2-6: Back Tr~ectory Analysis Showing Predominant Wind Patterns from 

2008 through 2010 

2.2.2 NOz Controls 

Since Texas is attaining the N02 NAAQS, no rules specific to N02 have been promulgated. 

References 

EPA, 2008. Risk and Exposure Assessment to Support the Review of the N02 Primary National 

Ambient Air Quality Standard. EPA-4S2/R-o8-oo8a. November. Accessed March 2012: 

http: I I epa.gov /ttn/naaqs/ standards/ nox/ data/ 20081121_N02_REA_final. pdf. 

EPA, 2010. 40 CFR Parts so and sB. Primary National Ambient Air Quality Standards for 

Nitrogen Dioxide; Final Rule. Federal Register, Vol. 7S, No. 26, February 9. Accessed March 

2012: http:/ /www.epa.gov /ttn/naaqs/ standards/nox/fr /20100209. pdf. 

EPA, 2012. Nitrogen Dioxide: Basic Information. Accessed March 2012: 

http:/ /www.epa.gov I airquality /nitrogenoxidesjbasic.html. 

Federal Register, 2012. 40 CFR Parts so and sB. Air Quality Designations for the 2010 Primary 

Nitrogen Dioxide (N02) National Ambient Air Quality Standards. Vol. 77, No. 33, February 17. 

2-10 
Accessed March 2012: http:/ jwww.gpo.gov/fdsys/pkg/FR-2012-02-17/pdf/2012-

3150.pdf#page=l. 

2-11 
CHAPTER 3: FUTURE REVISIONS TO THE NATIONAL AMBIENT 

AIR QUALITY STANDARDS (NAAQS) 

Federal Clean Air Act (FCAA), §no(a)(l) requires states to submit state implementation plans 

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

FCAA, §no(a)(2), including FCAA, §no(a)(2)(D)(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. 

3-1 
WRITTEN AND 

ORAL TESTIMONY 
Reference Number 

W-1 

INDEX OF WRITTEN TESTIMONY 

Submitted by 

Guy Donaldson, United States Environmental Protection Agency 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION6 

Ms, Margaret Earnest 

MC 206, State Implementation Plan Team 

Chief Engineer's Office 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, TX 78711-3087 

Re: Project Number 2012-016-SIP-NR 

Dear Ms. Earnest: 

1,l45 HQSS ,~VENUE SUITE 12:;n 

DALLAS, TX 75202·2733 

AUG - 6 21JI1 W-1 

Thank you for the opportunity to review and comment on proposed State Implementation Plan (SIP) 

revision "Infrastructure Demonstration and Transport Plan for the 20 l 0 ~02 National Ambient Air 

Quality Standard," Project Number 2012-016-SIP-NR dated June 27, 2012. The EPA appreciates the 

efforts of the Texas Commission on Environmental Quality (TCEQ) to meet this important Clean Air 

Act requirement. The EPA Region 6 offers the following comments on the proposed SIP revision: 

Comment 1: 

Footnote I on Page IX in Section V-C-1: Infrastructure Demonstration for the 2010 Nitrogen Dioxide 

National Ambient Air Qoality Standard of the proposal, states the following: 

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

The EPA has recently promulgated regulations for the permitting of greenhouse gases under the PSD 

program. Although Texas has not amended or proposed amendments to its permitting program to 

include greenhouse gases, Texas is meeting its obligations under the FCAA to provide for permitting of 

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

must be mel. Therefore, a Jack of permitting requirements in Texas rules for greenhouse gas emissions 

does not constitute a lack in the required infrastructure elements of §IIO(a)(2)". 

As TCEQ notes, the EPA has recently promulgated regulations for the permitting of greenhouse gases 

under the PSD program, Because PSD under the Act applies to each newly regulated pollutant, 

including non-NAAQS pollutants, a state's PSD SIP must also apply permitting requirements tor 

greenhouse gas emissions tor the EPA to determine the PSD related infrastructure elements of llO(a)(2) 

as sufficient. 

Comment 2: 

As shown on Pages 2-2 and 2-3 of the proposal, the EPA appreciates the TCEQ providing the one-hour 

and annual design values for years 2008 through 20 I 0 for all NOl monitoring sites in the EPA Region 6. 

None of the monitors show nonattainment and none are greater than approximately 70 percent of the 

standard. As a result, the EPA believes it is unlikely that emissions from Texas are contributing to 

nonattainment or interfering with maintenance of the standard in other States based on the available 

monitoring data. The conclusion on Page 2-9 that states "Texas sources are not contributing to an 

lnt.:n1€1 Aad;ess \URLJ [l.t_!Q_·Jw.,..~;' qo·;~•.?:..:t!l!~ 

Hecydsd'8•iK.-';.u·!ai;h;'! P·intt-d 'Nl!h V~e':tbk· ()J! Bilsed l'"'k" ')f! R.90ycled Pape; t_f,.-ilmlNJtn 30~, P:_J,.,,,-rru:>_,n~nn 
exceedance of the NAAQS in neighboring states," however, is not completely sufficient. Section 

II 0(a)(2)(D}(i) of the Clean Air Act provides for infrastructure SIPs to include provisions prohibiting 

any source or other type of emissions activity in one state from contributing significantly to 

nonattainment, or inlerfering wilh mairuenance, of the NAAQS in another state. Therefore, based upon 

the design value data presented, we suggest that you also add "or interfering with maintenance" to that 

conclusion. 

Comment 3: 

We also appreciate the TCEQ's efforts to provide a back trajectory technical analysis in the proposal. 

The EPA is still finalizing guidance for the N02 infrastructure SIP, so we did not conduct a detailed 

technical review, but we do note a few concerns with the Hybrid Single Particle Lagrangian Integrated 

Trajectory (HYSPLIT) back trajectory and cluster analysis. 

• TCEQ indicated the highest N02 concentrations occur in colder periods with low mix layers, but 

used an 800 m start point for the back trajectories which is likely near or above the mix/boundary 

layer at the 7 a.m. start times for many of the back trajectories. General back trajectory guidance 

is to use a start height between the ground and the mid-point of the mix/boundary layer, 

especially when assessing transport to ground based monitor locations. Winds near and/or above 

the boundary layer are stronger and likely blowing in different directions than winds nearer the 

surface, thus starting the back trajectory in this regime would likely lead to errors. Therefore, a 

much lower start height is needed if back trajectories are included. 

• Clustering analysis can be very sensitive to the set-up/start parameters and can lead to misleading 

results without comparison to the original back trajectories. For a complete clustering analysis, 

output plots from all the back trajectories and more documentation on how the clustering 

analysis was conducted is needed. 

Again, we did not conduct a detailed review of the back trajectory and cluster analysis and our concerns 

with the back trajectory and cluster analysis do not change our overall conclusion, as discussed above, 

that it is unlikely that emissions from Texas are contributing to nonattainment or interfering with 

maintenance of the standard. 

Comment4: 

Section 110(a}(2)(D)(ii) of the Clean Air Act (Act) requires compliance with Sections 115 and 126 of 

the Act, 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. Please 

discuss how the state complies with Section 115 of tbe Act. 

Section 126(a) of the Act requires new or modified sources to notify neighboring states of potential 

impacts from such sources. Section 126(b) of the Act affects a state only if the Administrator has been 

petitioned to make a finding of violation that is related lo either interstate transport or international 

transport of emissions from sources in the state. Please discuss how the state complies with Section 126 

of the Act. 
Comment 5: 

We appreciate the TCEQ's discussion of Section IIO(a){2)(E) requirements on pages 10-11 of this 

proposal. However, we note while the TCEQ addresses subsections (i) and (iii) of this section, the 

TCEQ's proposal does not specifically address subsection (ii). l!O{a)(2)(E)(ii) requires a state to comply 

with the requirements of Section 128 of the Act with respect to State boards. Section 128 in tum 

explicitly requires that a SIP contain particular requirements pertaining to conflict of interests for State 

boards. Please provide a discussion of bow Texas's SIP complies with the conflict of interest provisions 

of Section 128 to therefore satisfy the infrastructure SIP requirements of Section 11 O(a)(2)(E)(ii). 

Comment6: 

On Page X of the proposal addressing Section IIO(a)(2)(0) ofthe Act, we note that the TCEQ cross 

references their discussion on Section 11 O(a )(2)( C) and relevant rules for meeting federal requirements. 

Please provide a more comprehensive listing of relevant rules in Chapter 30 ofT AC that address the 

federal requirements in Section 110(a)(2)(D)(i)(ll). As written, the TCEQ states that Chapter 10 I 

General Air Quality Rules of 30 TAC is the only relevant rule for meeting the requirements of Section 

II 0(a)(2)(D)(i). 

Comment 7 

Regarding Section 11 O(a){2)(H), TCEQ explains it regularly revises the Texas SIP in response to 

revisions in the N AAQS and the EPA rules, and proceeds to cross reference its discussion on Section 

110(a)(2)(A). As IIO(a)(2}(H) requires that a state have the authority to revise the SIP as necessary, we 

recommend the TCEQ additionally provide discussion of and reference to such authority that allows the 

TCEQ to make the regular revisions as stated. 

Thank you for your efforts to meet this important Clean Air Act requirement We offer our assistance 

during the SIP revision process. If you have any questions or need additional clarification, please contact 

Mr. John Walser of my staff at 214-665-7128. Please let us know how we may be of further assistance. 

Sincerely yours, 

Guy Donaldson 

Chief 

Air Planning Section 
INDEX OF ORAL TESTIMONY 

NO ORAL TESTIMONY WAS RECEIVED PERTAINING TO THIS SIP REVISION. 
Texas Commission on Environmental Quality 

Public Hearing Registration 

August 1, 2012 

10:00 AM 

Proposed Federal Clean Air Act §110(a)(1) and (2) Infrastructure and Transport State 

Implementation Plan Revision for the 2010 Nitrogen Dioxide National Ambient Air Quality 

Standard (Project No. 2012-016-SIP-NR) 

Name 

(Please Print) 

I 

Representing 

J v 

:= t T v · ,. ~[ i/ i c 7 f) J/;J'! 

I 

Page 3 of4 

Presenting Oral 

Testimony? 

{Circle One) 

Yes ~ ~ 

Yes r(No ~ 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 
Texas Commission on Environmental Quality 

Public Hearing Registration 

August 1, 2012 

10:00 AM 

Proposed Federal Clean Air Act §110(a)(1) and (2) Infrastructure and Transport State 

Implementation Plan Revision for the 2010 Nitrogen Dioxide National Ambient Air Quality 

Standard (Project No. 2012-016-SlP-NR) 

Name Presenting Oral 

(Please Print) Representing Testimony? 

(Circle One) 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No . 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Page 4of4 
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

HEARING OFFICER REPORT 

I am the hearing officer assigned to conduct the public hearing regarding proposed 

Federal Clean Air Act, Section IIO(a)(l) and (2) Infrastructure and Transport State 

Implementation Plan Revision for the 2010 Nitrogen Dioxide National Ambient Air 

Quality Standard. These infrastructure 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. The interstate transport requirements include a 

discussion of nitrogen dioxide transport and a demonstration showing that Texas does 

not contribute significantly to nonattainment or interfere with maintenance of the 20 I 0 

nitrogen dioxide national ambient air quality standard in another state (Non-rule Project 

Number 2012-016-SIP-NR). 

A public hearing was scheduled for August I, 2012, at 10:00 a.m. and was held at the 

TCEQ Austin headquarters at 12100 Park 35 Circle, Building E, Room 201 S. 

At I 0:00 a.m., the room was open, TCEQ staff and a court reporter were present and 

ready to open the hearing for public comment. After waiting for 15 minutes, no one had 

arrived to make comments on the record. Therefore, the public hearing was not formally 

opened for comment and no transcript was prepared. 

· Margaret(B 

_August 1, 2012 _______ ~ 

Date signed 
EVALUATION OF 

TESTIMONY 
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

2012-0862-SIP

Date: October 26, 2012

Subject: Commission Approval for Federal Clean Air Act (FCAA), §110(a)(1) and (2) 

Infrastructure and Transport State Implementation Plan (SIP) Revision for 

the 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality Standard 

(NAAQS)

Infrastructure and Transport SIP Revision for 2010 NO2 NAAQS

Non-rule Project No. 2012-016-SIP-NR

Background and reason(s) for the SIP revision: 

On February 9, 2010, the United States Environmental Protection Agency (EPA) tightened 

the NAAQS for NO2. The new primary one-hour NO2 standard was set at 100 parts per 

billion (ppb); there was no previous one-hour NO2 standard. The EPA retained the annual 

NO2 standard of 0.053 parts per million (ppm) (53 ppb); the annual NO2 standard has 

been o.053 ppm since 1971. According to data from 2008 through 2010, no area in Texas 

monitors above the 100 ppb standard or the annual standard of 0.053 ppm. 

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 including the requirement to ensure that emissions within a state will not 

contribute significantly to nonattainment in, or interfere with maintenance by, any other 

state for the NAAQS.

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 for NO2. The SIP revision will outline 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, 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. 
Commissioners

Page 2 

October 26, 2012

Re: Docket No. 2012-0862-SIP

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 contain several elements that provide 

supporting information demonstrating that Texas is:

• not contributing significantly to nonattainment of the 2010 NO2 NAAQS for areas in 

other states; and

• not interfering with the maintenance of the 2010 NO2 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 for NO2. The SIP revision will outline 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:

None

Statutory authority:

The authority to adopt this SIP revision is derived from Texas Health and Safety Code, 

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

TCAA is to safeguard the state’s air resources from pollution; TCAA, §382.011, which 

authorizes the commission to control the quality of the state’s air; TCAA, §382.012, which 

authorizes the commission to prepare and develop a general, comprehensive plan for the 

control of the state’s air; and Texas Water Code, §5.02, General Powers, and §5.013, 

General Jurisdiction of the Commission.

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

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

control region of the state. Additionally, the specific requirements for the 2010 NO2

NAAQS were published in the February 9, 2010, issue of the Federal Register (75 FR 

6474).

Effect on the:

A.) Regulated community:

The SIP revision will have no effect on the regulated community.

B.) Public:

None

C.) Agency programs:

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

Page 3 

October 26, 2012

Re: Docket No. 2012-0862-SIP

Stakeholder meetings:

The SIP revision went through a public review and comment period. The public comment 

period was from June 29, 2012 through August 6, 2012. The commission offered a public 

hearing for the proposed SIP revision on August 1, 2012, at the TCEQ headquarters in 

Austin. A question and answer session was held 30 minutes prior to the meeting. The 

hearing was not officially opened because no party indicated a desire to give comment.

Public comment:

The EPA was the only commenter and a brief summary follows. 

• The EPA agreed that Texas did not interfere with NAAQS attainment or 

maintenance in another state.

• The EPA requested a height change on the Hybrid Single Particle Lagrangian 

Integrated Trajectory (HYSPLIT) model back trajectories.

• The EPA requested clarification on how Texas met the FCAA, §126 (consultation 

with adjacent states) and §128 (conflict of interest). 

• The EPA requested more statutory detail on the state’s authority to make regular 

SIP revisions. 

• The EPA disagreed with Texas’ position on greenhouse gases (GHG) under the 

Prevention of Significant Deterioration (PSD) program.

Significant changes from proposal: 

Several changes were made in response to the EPA’s comments: the HYSPLIT back 

trajectory height was lowered and rerun per the EPA’s recommendation, and HYSPLIT 

results for each adjacent state were added as Appendix A so the EPA and the public could 

review. 

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 most of these notices. Since the EPA has not acted on the rules, it is 

unclear whether the infrastructure submittal will be fully approvable or not.

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. Despite outstanding issues with aspects of Texas’ minor NSR permitting 

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

infrastructure requirements of §110(a)(2).
Commissioners

Page 4 

October 26, 2012

Re: Docket No. 2012-0862-SIP

EPA Action on Previous Texas Infrastructure Submittals:

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 fine particulate matter (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 GHG 

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

address PSD 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

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

alternatives to this SIP revision? 

The NO2 infrastructure and transport SIP revision is required by §110(a) of the FCAA. If a 

SIP revision is not submitted, the EPA would have an obligation to promulgate a federal 

implementation plan for Texas.

Key points in the adoption SIP revision schedule:

Due date to EPA: January 22, 2013

Agency contacts:

Margaret Earnest, SIP Project Manager, 239-4581, Air Quality Division

Amy Browning, Environmental Law Division, 239-0891

Terry Salem, Environmental Law Division, 239-0469

cc: Chief Clerk, 2 copies

Executive Director's Office

Susana M. Hildebrand, P.E.

Anne Idsal

Curtis Seaton

Tucker Royall

Office of General Counsel

Margaret Earnest
Page 1 of 6

RESPONSE TO COMMENTS RECEIVED CONCERNING 

THE INFRASTRUCTURE AND TRANSPORT STATE 

IMPLEMENTATION PLAN (SIP) REVISION FOR THE 

2010 NITROGEN DIOXIDE (NO2) NATIONAL AMBIENT 

AIR QUALITY STANDARD (NAAQS) 

PROPOSED JUNE 27, 2012 

ADOPTED NOVEMBER 14, 2012

The TCEQ offered a public hearing, which no one attended, for the proposed Infrastructure and 

Transport SIP Revision for the 2010 NO2 NAAQS in Austin, Texas, on August 1, 2012, at 10:00 

a.m. During the comment period, which closed on August 6, 2012, the commission received 

written comments from the United States Environmental Protection Agency (EPA). 

Comments related to the proposed Infrastructure and Transport SIP Revision for the 2010 NO2

NAAQS (Project No. 2012-016-SIP-NR) are incorporated in the following Response to 

Comments.

TEXAS NOT INTERFERING WITH NAAQS IN OTHER STATES 

The EPA appreciated that the Texas Commission on Environmental Quality (TCEQ) provided the 

one-hour and annual design values for years 2008 through 2010 for all NO2 monitoring sites in 

the EPA Region 6, which includes Texas and four perimeter states. The EPA agreed with the 

TCEQ’s assessment that none of the monitors show nonattainment and none are greater than 

approximately 70% of the standard. The EPA also agreed that it is unlikely that emissions from 

Texas are contributing to nonattainment or interfering with maintenance of the standard in other

states based on the available monitoring data but suggested additional language to clarify that 

the TCEQ’s analysis shows that Texas does not interfere with maintenance in any other state.

The TCEQ agrees with EPA that Texas is not contributing significantly to 

nonattainment or interfering with maintenance of the NAAQS in another state. The 

TCEQ has incorporated the EPA’s suggested language.

BACK TRAJECTORY TECHNICAL ANALYSIS

The EPA appreciated the TCEQ's efforts to provide a back trajectory technical analysis in the 

proposal but commented it had a few concerns with the Hybrid Single Particle Lagrangian 

Integrated Trajectory (HYSPLIT) back trajectory and cluster analysis.

The EPA suggested a much lower start height than 800 meters is needed if back trajectories are 

included. 

The TCEQ appreciates the comment and reran the trajectories at 300 meters so the 

trajectory was closer to the center of the mixing layer as recommended and still 

came up with similar results. Details on the results of the revised HYSPLIT analysis 

can be found in Chapter 2, Section 2.2.1.2: Review and Analysis of Monitoring 

Data and Appendix A: Back Trajectory Clusters).
Page 2 of 6

The EPA commented that clustering analysis can be very sensitive to the set-up/start parameters, 

which can cause misleading results without comparison to the original back trajectories. For a 

complete clustering analysis, the EPA suggested output plots from all the back trajectories and 

more documentation on how the clustering analysis was conducted. 

The TCEQ included the EPA’s suggested output plots from all the back trajectories 

in Appendix A. 

GREENHOUSE GAS (GHG) PERMITTING

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

program, and that because PSD under the Federal Clean Air Act (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) as sufficient.

The infrastructure SIP demonstrations are a requirement of §110(a)(1) that 

specifically requires a state to submit a plan demonstrating that a state has all the 

required elements to ensure that a NAAQS can be implemented, maintained, and 

enforced. The EPA has failed to offer any rationale for why the implementation of 

GHG permitting is necessary or required for the implementation, maintenance, or 

enforcement of the NO2 NAAQS. In the absence of such a requirement, a GHG PSD 

permitting program is not an applicable requirement that is required under §110. 

Therefore, the commission disagrees that Texas is required to have an approved 

GHG PSD permitting program in place to have a SIP revision that is complete for 

the purposes of attaining and maintaining the NO2 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 SIP should be considered complete and 

approvable. Lastly, Texas is currently litigating 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 litigation. No changes were 

made to the SIP revision in response to this comment.

COMPLIANCE WITH FCAA

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 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 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 
Page 3 of 6

absence of such a finding and notification, Texas has no obligations under §115. 

Should Texas receive such a finding from 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 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 ozone and PM2.5 infrastructure and transport SIP, Docket ID 

EPA-R06-OAR-2008-0638, page 16: 

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 
Page 4 of 6

maintaining any NAAQS, including ozone, PM2.5, or NO2. As noted previously, 

Texas is currently litigating 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.

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).

No changes were made to the SIP revision in response to this comment.
Page 5 of 6

CHAPTER 30 TEXAS ADMINISTRATIVE CODE (TAC) RULES FOR ADDRESSING 

FCAA, §110(a)(2)(D)(i) 

The EPA commented that on page x 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 of 30 TAC is the only relevant rule for meeting the 

requirements.

The commission confirms that the General Air Quality Rules in 30 TAC Chapter 101 

are the relevant rules for meeting the FCAA, §110(a)(2)(D)(i) requirement that the 

SIP include adequate provisions to prohibit emissions from Texas from 

contributing to nonattainment or interfering with maintenance of the standard in 

other states. No rules specific to NO2 have been promulgated because Texas is 

attaining the NO2 NAAQS and, as the EPA noted in its comments on this SIP 

revision, available monitoring indicates that emissions from Texas are not 

contributing to nonattainment or interfering with maintenance of the standard in 

other states. As discussed elsewhere in this SIP revision, the commission has the 

statutory and regulatory authority to implement and enforce the NAAQS. 

Therefore, no changes were made in response to this comment.

AUTHORITY OF TCEQ TO REVISE THE TEXAS SIP

The EPA commented that regarding §110(a)(2)(H), the TCEQ explained 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 SIP revision. Furthermore, the EPA has previously approved Texas’ 

infrastructure SIP for 1997 ozone and PM2.5 and 2006 PM2.5 for section 

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, and the TCEQ’s authority to revise Texas’ SIP to address any 

future problems with NO2 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 
Page 6 of 6

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.
STAFF 

RECOMMENDATIONS
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 NITROGEN DIOXIDE

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 2010

NITROGEN DIOXIDE NATIONAL AMBIENT AIR QUALITY 

STANDARD

PROJECT NUMBER 2012-016-SIP-NR

Adoption

November 14, 2012
This page intentionally left blank
ES-1 

EXECUTIVE SUMMARY

This revision to the state implementation plan (SIP) for nitrogen dioxide (NO2) infrastructure 

and transport is intended to meet the infrastructure requirements of the Federal Clean Air Act 

(FCAA), §110(a)(2). 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 a new or revised 

National Ambient Air Quality Standard (NAAQS). On February 9, 2010, the United States 

Environmental Protection Agency (EPA) strengthened the NO2 NAAQS. The new primary onehour NO2 standard was set at 100 parts per billion (ppb); there was no previous one-hour NO2

standard. The EPA retained the annual NO2 standard of 0.053 parts per million (ppm) (53 ppb); 

the annual NO2 standard has been o.053 ppm since 1971. 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 2010 NO2 NAAQS. Because the infrastructure demonstration explains how the existing 

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

infrastructure SIP has been developed as an expansion of the existing Section V: Legal 

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

that are submitted to meet the requirements of FCAA, §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 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 back 

trajectories from monitor sites in neighboring states to show the origin and journey of the air 

parcels. A discussion of NO2 transport is included to show that Texas does not contribute 

significantly to nonattainment or interfere with maintenance of the 2010 NO2 NAAQS in 

another state.
i 

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 (New) 

1. 2010 Nitrogen Dioxide National Ambient Air Quality Standard (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-C-1: INFRASTRUCTURE DEMONSTRATION FOR THE 2010

NITROGEN DIOXIDE NATIONAL AMBIENT AIR QUALITY STANDARD

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 February 9, 2010, the EPA strengthened the nitrogen dioxide (NO2) NAAQS. The new 

primary one-hour NO2 standard was set at 100 parts per billion (ppb); there was no previous 

one-hour NO2 standard. The EPA retained the annual NO2 standard of 0.053 parts per million 

(ppm) (53 ppb); the annual NO2 standard has been o.053 ppm since 1971. This SIP revision is 

intended to provide an update of the §110(a)(2) infrastructure requirements for the 2010 NO2

NAAQS within three years after the promulgation of the revised NAAQS, or by January 22, 

2013. 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 

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 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 EPA has 

not yet proposed infrastructure or transport guidance for the 2010 NO2 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 Texas Commission on Environmental 

Quality (TCEQ) is proceeding with this SIP revision to ensure that there are 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. 

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.
vi

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

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

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

Civil Statutes. The Legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985, 1987, 1989, 

1991, 1993, 1995, 1997, 1999, 2001, 2003, 2005, 2007, 2009, and 2011. In 1989, the TCAA was 

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

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

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

air resources. In 1991, the legislature abolished the TACB effective September 1, 1993, and its 

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

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

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

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

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

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

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

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

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

changed the name of the TNRCC to the TCEQ. In 2009, the 81st Texas Legislature, during a 

special session, amended the Texas Water Code, §5.014, changing the expiration date of the 

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

82nd Texas Legislature continued the existence of the TCEQ 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.
vii

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

§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
viii

§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

§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
ix

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;

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

 

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

The EPA has recently promulgated regulations for the permitting of greenhouse gases under the PSD 

program. Although Texas has not amended or proposed amendments to its permitting program to include 

greenhouse gases, Texas is meeting its obligations under the FCAA to provide for permitting of facilities 

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

met. 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). 
x 

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 new source review (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. The EPA published a limited disapproval of the Texas Regional 

Haze SIP revision addressing the requirements of 40 CFR §51.308(d)(3) and §51.308(e) with 

respect to emissions of nitrogen oxides and sulfur dioxide from electric generating units in the 

June 7, 2012, Federal Register. Other portions of the Regional Haze SIP are not anticipated to 

be evaluated by the EPA until mid 2013. The EPA’s limited disapproval was based on the fact 

that Texas relied on the Clean Air Interstate Rule (CAIR) in its Regional Haze SIP, as allowed by 

the EPA at the time the SIP was submitted. The EPA’s disapproval was based on the 

replacement of CAIR by the Cross State Air Pollution Rule (CSAPR). On August 21, 2012, the 

United States Court of Appeals for the District of Columbia vacated CSAPR and directed the 

EPA to continue to administer CAIR while it works on a replacement rule for interstate 

transport. 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 chapter of 30 TAC contains rules relevant for this federal requirement:

Chap. 101 General Air Quality Rules

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

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.

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

this document. The TCEQ also regularly submits a legal authority with SIP revisions submitted 

to the EPA.

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 is 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 

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
xii

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/compliance/monitoring/air/monops/forecast_today.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 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);

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). 
xiii

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 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;

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.

 

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.
xiv

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 2010 NO2 NAAQS.
xv

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)
xvi

TABLE OF CONTENTS

Executive Summary

Section V: Legal Authority

Section V-A: Legal Authority

A. General

B. Applicable Law

Section V-C-1: Infrastructure Demonstration for the 2010 Nitrogen Dioxide National Ambient 

Air Quality Standard

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

List of Appendices

Chapter 1: General
xvii

1.1 Background

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 Modeling

2.2.1.2 Review and Analysis of Monitoring Data

2.2.2 NO2 Controls

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

LIST OF ACRONYMS

CFR Code of Federal Regulations

EPA United States Environmental Protection Agency

EDMS Emissions and Dispersion Modeling System

FCAA Federal Clean Air Act

FIP Federal Implementation Plan

FR Federal Register

HYSPLIT Hybrid Single Particle Lagrangian Integrated Trajectory

NAAQS National Ambient Air Quality Standard

NO2 Nitrogen dioxide

NOX Nitrogen oxides

NSR New Source Review

ppb parts per billion

ppm parts per million

PSD Prevention of Significant Deterioration

SIP State Implementation Plan

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

TR Texas Register
xix

LIST OF TABLES

Table 2-1: EPA Region 6 NO2 Monitor Sites in 2010
xx

LIST OF FIGURES

Figure 2-1: 2008 through 2010 One-Hour NO2 Design Values in EPA Region 6

Figure 2-2: 2008 through 2010 Annual NO2 Design Values in EPA Region 6

Figure 2-3: One-Hour NO2 Design Values by County in Texas 

Figure 2-4: Annual NO2 Design Values by County in Texas 

Figure 2-5: Samples of Seasonal Cycle of NO2 Concentrations in States Neighboring Texas

Figure 2-6: Back Trajectory Analysis Showing Predominant Wind Patterns from 2008 through 

2010
xxi

LIST OF APPENDICES

Appendix A: Back Trajectory Clusters
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 nitrogen dioxide (NO2) under the 2010 NO2 National 

Ambient Air Quality Standard (NAAQS) describes how the Texas Commission on 

Environmental Quality (TCEQ) meets 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 a 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 February 9, 2010, the EPA published the final rule to strengthen the primary NAAQS for 

NO2. The rule established a new one-hour NO2 standard at 100 parts per billion (ppb); there was 

no previous one-hour NO2 standard. The EPA retained the annual NO2 standard of 0.053 parts 

per million (ppm) (53 ppb); the annual NO2 standard has been o.053 ppm since 1971. On 

February 17, 2012, the EPA published in the Federal Register (FR) the initial designations for 

the 2010 NO2 NAAQS, and identified all areas in the United States as unclassifiable/attainment. 

According to data from 2008 through 2010, no area in Texas monitors above the 100 ppb 

standard or the annual standard of o.053 ppm. 

In the latest NO2 Risk and Exposure Assessment created during the NAAQS revision process, 

and as reiterated in the preamble of the final rulemaking (75 FR 6474) on the primary NAAQS 

for NO2, the EPA recognized “that roadway-associated exposures account for a majority of 

ambient exposures to peak NO2 concentrations” (EPA, 2011).

For the 2010 NO2 NAAQS, the EPA changed the monitoring network requirements to capture 

both peak NO2 concentrations that occur near roadways and community-wide NO2

concentrations. In Texas, two near-road NO2 monitors in Dallas-Fort Worth and HoustonGalveston-Brazoria must begin operating no later than January 1, 2013. Two near-road NO2

monitors in San Antonio and Austin-Round Rock must begin operating no later than January 1, 

2014. In 2016 or 2017, once the expanded network of NO2 monitors is fully deployed and three 

years of air quality data have been collected, the EPA intends to redesignate areas if necessary

based on data from the new monitoring network.

Based on the lack of NO2 nonattainment or maintenance areas in the four states surrounding 

Texas and EPA studies showing lack of long distance transport of roadway NO2 emissions, this 

SIP revision demonstrates that Texas has adequately addressed the transport requirements of 

FCAA §110(a)(2)(D)(i).
1-2 

1.3 HEALTH EFFECTS

In 2010, the EPA established a one-hour NAAQS for NO2. To support the 2010 one-hour NO2

standard, the EPA provided information indicating the annual NO2 NAAQS was not sufficient to 

protect individuals from health effects after a shorter exposure duration. Current scientific 

evidence links short-term NO2 exposures, ranging from 30 minutes to 24 hours, with adverse 

respiratory effects including airway inflammation in healthy people and increased respiratory 

symptoms in people with asthma. Also, studies show a connection between breathing elevated 

short-term NO2 concentrations and increased visits to emergency departments and hospital 

admissions for respiratory issues, especially asthma.

Short-term exposure to elevated NO2 concentrations is of particular concern for susceptible 

individuals, including people with asthma, children, and the elderly.

1.4 PUBLIC HEARING AND COMMENT INFORMATION

The commission offered a public hearing for this SIP revision on August 1, 2012, at the Texas 

Commission on Environmental Quality headquarters in Austin. The hearing was not officially 

opened because no party indicated a desire to give comment. Comments were received from 

June 29 through August 6, 2012. An electronic version of this SIP revision and appendix can be 

found at the TCEQ’s Web page (http://www.tceq.texas.gov/airquality/sip/criteriapollutants/sip-no2).

1.5 SOCIAL AND ECONOMIC CONSIDERATIONS

Because rulemaking is not a part of this SIP revision, there are no changes that will 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’s SIP Web site 

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

References

EPA, 2011. Near-Road NO2 Monitoring Technical Assistance Document DRAFT, December 21. 

Accessed March 2012: http://www.epa.gov/ttnamti1/files/nearroad/20111221tad.pdf.
2-1 

CHAPTER 2: REQUIRED CONTROL STRATEGY ELEMENTS

2.1 BACKGROUND

The United States Environmental Protection Agency (EPA) first set the National Ambient Air 

Quality Standard (NAAQS) for nitrogen dioxide (NO2) in 1971. The EPA chose to retain the NO2

NAAQS after review in both 1985 and 1996. In 2010, the EPA decided to retain the annual NO2

NAAQS of 0.053 parts per million (ppm) (53 ppb) and add a new one-hour standard at a level of 

100 parts per billion (ppb) (75 FR 6474). All areas in the United States presently meet the 

annual NO2 NAAQS, with average annual NO2 concentrations ranging from 10 ppb to 20 ppb 

(EPA 2012). In 2012, the EPA designated all areas in the United States as 

“unclassifiable/attainment” for the one-hour NO2 NAAQS (77 FR 9532).

NO2 is a highly reactive gas. Because NO2 reacts to form other species, its concentrations are 

greater when closer to its emission source (75 FR 6474). NO2 is primarily formed by fossil fuel 

combustion, lightning, biomass burning, and nitrification of soil by microorganisms. Examples 

of common anthropogenic NO2 emission sources are internal-combustion engines; residential 

water heaters; industrial heaters and flares; and industrial and commercial boilers. Mobile, 

residential, and commercial NO2 sources are usually numerous, smaller sources distributed over 

a large geographic area, while industrial sources are usually large point sources, or numerous 

small sources, clustered in a small geographic area. 

2.2 CONTROL STRATEGY OVERVIEW

Federal Clean Air Act (FCAA) §110(a)(2)(D)(i)(I) requires states to submit a state 

implementation plan (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.

2.2.1 Significant Contribution to Nonattainment and Interference with 

Maintenance Elements

2.2.1.1 Modeling

Since no area of the United States is designated nonattainment according to the EPA action of 

January 20, 2012, the TCEQ will not be conducting any modeling or modeling analysis for this 

SIP revision. 

2.2.1.2 Review and Analysis of Monitoring Data

In 2010, there were 42 regulatory NO2 monitors in Texas, 10 in New Mexico, four in Oklahoma, 

two in Arkansas, and 12 in Louisiana. A list of these monitors is found in Table 2-1: EPA Region

6 NO2 Monitor Sites in 2010. These monitors are located primarily in urban areas and along 

highways as seen in Figure 2-1: 2008 through 2010 One-Hour NO2 Design Values in EPA 

Region 6. 
2-2 

Table 2-1: EPA Region 6 NO2 Monitor Sites in 2010 

AIRS State County Site Name

One-Hour 

Design Value

2008-2010 

(ppb)

Annual 

Design Value

2008-2010 

(ppb)

050350005 Arkansas Crittenden Marion 47 10

051190007 Arkansas Pulaski Parr 44 10 

220050004 Louisiana Ascension Dutchtown 42 8 

220190008 Louisiana Calcasieu Westlake 35 7 

220330003 Louisiana East Baton Rouge LSU 53 11

220330009 Louisiana East Baton Rouge Capitol 54 13 

220330013 Louisiana East Baton Rouge Pride 17 3 

220331001 Louisiana East Baton Rouge Baker 36 6 

220470007 Louisiana Iberville Grosse Tete 27 4

220470009 Louisiana Iberville Bayou Plaquemine 28 4 

220470012 Louisiana Iberville Carville 37 7 

220511001 Louisiana Jefferson Kenner 48 8 

220630002 Louisiana Livingston French Settlement 19 3

221210001 Louisiana West Baton Rouge Port Allen 53 11 

350010023 New Mexico Bernalillo Del Norte High School 55 12 

350130021 New Mexico Dona Ana Sunland Park 53 9 

350130022 New Mexico Dona Ana Santa Teresa International Blvd 43 5

350151005 New Mexico Eddy Carlsbad 22 2 

350250008 New Mexico Lea Hobbs-Jefferson 41 6 

350290003 New Mexico Luna Luna 30 5 

350450009 New Mexico San Juan Deming † 12

350450018 New Mexico San Juan Navajo Lake 38 10 

350451005 New Mexico San Juan San Juan Substation 37 9 

350451233 New Mexico San Juan Dine College, GIS Lab † 7 

400019009 Oklahoma Adair Stilwell † 3

401090033 Oklahoma Oklahoma OKC Central 49 9 

401091037 Oklahoma Oklahoma OKC North 39 7 

401431127 Oklahoma Tulsa North Tulsa † 8 

480290052 Texas Bexar Camp Bullis CAMS 58 26 4

480290059 Texas Bexar Calaveras Lake CAMS 59 34 4 

480391004 Texas Brazoria Manvel Croix Park 36 5 

480391016 Texas Brazoria Lake Jackson 22 3 

481130069 Texas Dallas Dallas Hinton 55 13

481130075 Texas Dallas Dallas North #2 45 10 

481130087 Texas Dallas Dallas Redbird Airport Executive † 9 

481210034 Texas Denton Denton Airport South 35 6 

481390016 Texas Ellis Midlothian OFW 44 7

481391044 Texas Ellis Italy CAMS 1044 30 4 

481410037 Texas El Paso El Paso UTEP 60 14 

481410044 Texas El Paso El Paso Chamizal 60 14 

481410055 Texas El Paso Ascarate Park 63 17

481671034 Texas Galveston Galveston 99th Street 33 4 

481830001 Texas Gregg Longview 36 7 

482010024 Texas Harris Houston Aldine 44 9 

482010026 Texas Harris Channelview 59 10

482010029 Texas Harris NW Harris County 31 5 
2-3 

AIRS State County Site Name

One-Hour 

Design Value

2008-2010 

(ppb)

Annual 

Design Value

2008-2010 

(ppb)

482010047 Texas Harris Lang Rd 56 13 

482010055 Texas Harris Bayland Park 45 9

482010075 Texas Harris Texas Ave 56 15 

482010416 Texas Harris Park Place 55 12 

482011015 Texas Harris Lynchburg Ferry † 9 

482011034 Texas Harris Houston East 54 14

482011035 Texas Harris Clinton Drive 60 14 

482011039 Texas Harris Deer Park #2 42 7 

482011050 Texas Harris Seabrook Friendship Park 35 5 

482030002 Texas Harrison Karnack 21 4

482311006 Texas Hunt Greenville 30 5 

482450009 Texas Jefferson Beaumont Downtown 40 8 

482450022 Texas Jefferson Hamshire 28 4 

482451035 Texas Jefferson Nederland HS 33 5

482570005 Texas Kaufman Kaufman 30 4 

483091037 Texas McLennan Waco Mazanec 29 3 

483390078 Texas Montgomery Conroe Relocated 35 5 

483491051 Texas Navarro Corsicana Airport † 4

483611001 Texas Orange West Orange 33 5 

484230007 Texas Smith Tyler Airport Relocated 21 4 

484391002 Texas Tarrant Fort Worth Northwest 54 10 

484393009 Texas Tarrant Grapevine Fairway 40 8

484393011 Texas Tarrant Arlington Municipal Airport 40 9 

484530020 Texas Travis Austin Audubon Society CAMS 38 22 3 

Note: † indicates an incomplete or unavailable design value.
2-4 

The current monitor network is designed to monitor air representative of neighborhood or area 

scale in accordance with historical 40 CFR Part 58, Appendix D requirements rather than to 

capture peak NO2 concentrations emitted by mobile sources. The TCEQ expects to add nearroad monitors in the Dallas-Fort Worth, Houston-Galveston-Brazoria, San Antonio, and AustinRound Rock areas, as mandated by the new federal monitoring requirements. As mentioned in 

the 2010 NO2 NAAQS, concentrations fall quickly with distance from roadways and rapidly 

reach the same concentration shown by current area monitors, suggesting that little to no 

transport of NO2 occurs.

According to EPA studies, peak NO2 concentrations are located on or immediately adjacent to 

high traffic roads. The EPA studies examined NO2 concentrations at less than 20 meters, 

between 20 and 100 meters, and greater than 100 meters (EPA, 2008). Using the studies, the 

EPA determined the greatest risk was closer to the roadways. The new near-road monitoring 

network places monitors within 50 meters of the roadway.

Figure 2-1 also indicates that all monitor sites in EPA Region 6 have design values below the 

one-hour NO2 NAAQS of 100 ppb. The highest concentrations measured are located near urban 

and/or industrial areas. Monitors in less urban areas measured lower concentrations. 

Monitoring sites located near the northern and eastern Texas border have lower concentrations 

than those in city centers.

Figure 2-1: 2008 through 2010 One-Hour NO2 Design Values in EPA Region 6
2-5 

Figure 2-2: 2008 through 2010 Annual NO2 Design Values in EPA Region 6 shows that all NO2

monitors in Texas and neighboring states have design values below the 2010 annual NO2

NAAQS, which is o.o53 ppm or 53 ppb. Monitors near urban areas have higher annual design 

values than monitors in less urban areas and along the borders of Texas. The highest annual 

NO2 design value measured in EPA Region 6 was 17 ppb at Ascarate Park CAMS 37 in El Paso.

Figure 2-2: 2008 through 2010 Annual NO2 Design Values in EPA Region 6
2-6 

Figure 2-3: One-Hour NO2 Design Values by County in Texas shows trends in one-hour NO2

design values for all counties in Texas monitoring NO2 concentrations. All counties have design 

values, or three-year averages, below the 2010 NO2 NAAQS. All areas also show slight 

downward trends or flat trends. No area exhibits an increase in monitored NO2 concentrations. 

Large fluctuations in the Bexar County trend are due to data availability from the San Antonio 

Downtown C27 monitor. The monitor did not have valid one-hour design values in 2003 

through 2005. In 2002 and 2006 through 2009, this monitor had the highest design value in 

Bexar County.

0

10

20

30

40

50

60

70

80

90

100

110

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Bexar Brazoria Dallas Denton El Paso

Ellis Galveston Gregg Harris Harrison

Hunt Jefferson Kaufman McLennan Montgomery

Orange Smith Tarrant Travis

*Design Values are from EPA's AQS.

One-Hour NO2 Design Values by County in Texas

ppb

2010 One-Hour NO2 NAAQS

Figure 2-3: One-Hour NO2 Design Values by County in Texas
2-7 

Figure 2-4: Annual NO2 Design Values by County in Texas shows annual design value trends for 

all counties in Texas monitoring NO2. Annual design values, or three-year averages, also have 

slight downward or flat trends for all areas in the state. The highest design values in 2010 were 

in El Paso, Harris, and Dallas Counties. These counties tend to be impacted primarily by NO2

emitted by on-road mobile sources. Monitors located in more rural areas tend to show lower 

NO2 concentrations. The low NO2 concentrations measured throughout Texas would have 

insignificant impact on other states. 

0

5

10

15

20

25

30

35

40

45

50

55

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Bexar Brazoria Dallas

Denton El Paso Ellis

Galveston Gregg Harris

Harrison Hunt Jefferson

Kaufman Marion McLennan

Montgomery Navarro Orange

Smith Tarrant Travis

*Design Values are from EPA's AQS.

Annual NO2 Design Values by County in Texas

ppb

2010 Annual NO2 NAAQS = 53ppb

Figure 2-4: Annual NO2 Design Values by County in Texas

NO2 monthly trends follow a similar pattern for most monitors in all of EPA Region 6. Trends in 

general show higher values in cooler months and lower values in warmer months. This is true 

for all calculated statistics, except the global maximum, or maximum over all monitors, which 

can vary greatly.

The most likely reason for this pattern is that in cooler months the mixing layer, or layer of wellmixed ambient air near the surface, is shallow, which traps the NO2 in a smaller volume of air 

near the surface. In contrast, the mixing layer is deep during warmer months, diluting NO2

concentrations in a larger volume of air. Another important reason for this pattern, at least for 

states or regions near the Gulf of Mexico, is that in summer months, winds are predominantly 

out of the Gulf of Mexico. 
2-8 

Examination of NO2 patterns by month shows that typically December and January record the 

highest concentrations and June and July the lowest concentrations. Monitors where 

concentrations are low to begin with do not show a trend, while monitors with higher 

concentrations exhibit a well defined pattern. Representative examples of higher concentrations 

based on averages from 2008 through 2010 are shown in Figure 2-5: Samples of Seasonal Cycle 

of NO2 Concentrations in States Neighboring Texas. 

(Note: concentrations shown are monthly median of one-hour NO2 standard) 

Figure 2-5: Samples of Seasonal Cycle of NO2 Concentrations in States Neighboring 

Texas

To assess possible impacts of transported NO2 on a neighboring state, back trajectory analysis 

was conducted to identify the most likely paths (mean-trajectory-path), if any, of possible NO2

transport. There are some assumptions associated with this procedure. For example, there is no 

link between a mean-trajectory-path and an NO2 concentration. A mean-trajectory-path only 

provides an indication; much more analysis is needed to confirm an impact.

To construct back trajectories, the Hybrid Single Particle Lagrangian Integrated Trajectory 

(HYSPLIT) (http://ready.arl.noaa.gov/HYSPLIT.php) model version 4, developed by the 

National Oceanic and Atmospheric Administration, was employed. Representative monitors 

were chosen from states adjacent to Texas, which are New Mexico, Oklahoma, Arkansas and 

Louisiana. For each of these monitors, cluster analysis was performed to find the meantrajectory-path. This mean-trajectory-path represents the “average” of a group of trajectories 

from which air currents traveled from other places to a representative monitor. This method 

quantifies the directions and frequency of air traveling to the monitor, but cannot identify 

precise routes of travel of airborne particles.

Details of HYSPLIT parameters are as follows: trajectories were created at the receptor site for 

the approximate hour of peak NO2 for all trajectories, which is defined as 7:00 a.m. Local 

Standard Time. Trajectory height was set to 300 meters to ensure transport within the mixing 
2-9 

layer. Each trajectory was 12 hours in duration and the Emissions and Dispersion Modeling 

System, or EDAS-4KM, meteorological data sets were used. Trajectories were created for days at 

or above the 90th percentile of NO2 at the receptor site. Results suggest that Oklahoma would be 

most likely to be affected by air from Texas, however, very little if any directly emitted NO2

would be expected to travel from the closest major urban source in Texas to the nearest

Oklahoma metropolitan area due to its high reactivity. One likely transport path was identified 

by the clustering procedure, which accounted for 14% of the 217 trajectories ending in 

Oklahoma. New Mexico is the next state likely to be affected by Texas, though to a much lesser 

degree, accounting for 10% of 124 total trajectories ending in New Mexico. Some of these 

trajectories originate in New Mexico before passing through west Texas and returning to the Las 

Cruces, New Mexico area. Louisiana and Arkansas do not show large numbers of transport paths 

from Texas (see Appendix A: Back Trajectory Clusters). 

Of particular interest due to its close proximity to Texas, the New Mexico cluster shows air being 

drawn from Mexico as seen in paths 2 and 3 in panel 3 of Figure 2-6: Back Trajectory Analysis 

Showing Predominant Wind Patterns from 2008 through 2010. However, since this path 

represents the “average path,” there are some trajectories grouped into this cluster that emanate 

from Texas, though the majority are from Mexico. Although the clusters show possible evidence 

of transport, this analysis does not confirm any link between NO2 generated beyond the monitor 

and the measured NO2 at the monitor. Individual trajectories in the cluster that emanate from 

Texas originated in portions of west Texas with few NO2 sources. In addition, NO2 reacts 

quickly, therefore it is unlikely any NO2 generated in the Texas portions of those trajectories 

would be transported to the receptor site.

Based on this analysis, there are some days where air is transported from Texas to areas in 

neighboring states that have monitors. However, the reactivity of NO2 coupled with the distance 

from major Texas areas of NO2 emissions make it highly unlikely that Texas NO2 emissions 

significantly impact other states. In fact, the EPA has found that peak NO2 concentrations are 

found on roadways. The concentrations decrease rapidly with distance from roads. Finally, 

states surrounding Texas are measuring attainment of the NO2 NAAQS; therefore, Texas sources 

are not contributing to an exceedance or interfering with maintenance of the NAAQS in 

neighboring states.
2-10

Figure 2-6: Back Trajectory Analysis Showing Predominant Wind Patterns from 

2008 through 2010

2.2.2 NO2 Controls 

Since Texas is attaining the NO2 NAAQS, no rules specific to NO2 have been promulgated.

References

EPA, 2008. Risk and Exposure Assessment to Support the Review of the NO2 Primary National 

Ambient Air Quality Standard. EPA-452/R-08-008a. November. Accessed March 2012: 

http://epa.gov/ttn/naaqs/standards/nox/data/20081121_NO2_REA_final.pdf. 

EPA, 2010. 40 CFR Parts 50 and 58. Primary National Ambient Air Quality Standards for 

Nitrogen Dioxide; Final Rule. Federal Register, Vol. 75, No. 26, February 9. Accessed March 

2012: http://www.epa.gov/ttn/naaqs/standards/nox/fr/20100209.pdf. 

EPA, 2012. Nitrogen Dioxide: Basic Information. Accessed March 2012: 

http://www.epa.gov/airquality/nitrogenoxides/basic.html. 
2-11

Federal Register, 2012. 40 CFR Parts 50 and 58. Air Quality Designations for the 2010 Primary 

Nitrogen Dioxide (NO2) National Ambient Air Quality Standards. Vol. 77, No. 33, February 17. 

Accessed March 2012: http://www.gpo.gov/fdsys/pkg/FR-2012-02-17/pdf/2012-

3150.pdf#page=1. 
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), 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.
APPENDIX A

BACK TRAJECTORY CLUSTERS
A-1 

OVERVIEW

This appendix expands upon the clustered back trajectories described in Chapter 2, Section 

2.2.1.2: Review and Analysis of Monitoring Data. In Section 2.2.1.2, only the mean trajectory 

for each cluster was shown. The individual trajectories grouped in each cluster are shown in the 

following figures. Each trajectory was started at 7:00 a.m. Local Standard Time (LST) at 300 

meters, which was close to the center of the mixing layer at that time of day. The trajectories 

showed the path of an air parcel for the 12 hours proceeding the 7:00 a.m. LST starting time.

Trajectories

Using the Hybrid Single Particle Lagrangian Integrated Trajectory (HYSPLIT) model version 4, 

back trajectories for days when the nitrogen dioxide (NO2) concentrations exceeded the 90th

percentile concentration levels were calculated for a receptor site in Oklahoma. These 

trajectories were then grouped into six separate clusters based on wind speeds and directions. 

The clusters are shown in Figure 1: Individual Back Trajectories by Cluster for Oklahoma. 

Cluster 5 was the largest of the six, containing 27% of the back trajectories on high NO2 days. 

These trajectories were typically slow, with the trajectories extending from southeast Oklahoma 

to the receptor site. Cluster 2 was the second most common path. This cluster contained 19% of 

the total trajectories. These trajectories were also slow and typically out of the east-northeast 

including northwestern Arkansas and southwestern Missouri.

The same procedure was done with the back trajectories from the receptor site in Baton Rouge, 

Louisiana. The starting parameters for the trajectories were the same as for the trajectories in 

Oklahoma. The most frequently occurring trajectories were those found in cluster 2 as seen in 

Figure 2: Individual Back Trajectories by Cluster for Louisiana; 26% of all trajectories were 

included in this cluster. These trajectories typically came from the southwest before arriving at 

the monitor. Some trajectories in this cluster originated near east Texas and off the coast of 

southeast Texas. Cluster 3 contained the second most frequent trajectory paths. These air 

parcels typically came in from the northeast after passing over portions of southern and central 

Mississippi. Cluster 1, the least frequent for Louisiana, contained air parcels coming from the 

north-northwest, typically originating over northern Louisiana and far northeast Texas.

Figure 3: Individual Back Trajectories by Cluster for New Mexico showed the clustering of back 

trajectories starting in Las Cruces, New Mexico. Once again, the start height was 300 meters and 

the start time was 7:00 a.m. LST. In this case there were only four clusters. Cluster 3 contained

the majority of the trajectories or 63% of the total. This cluster represented air with slow wind 

speeds coming out of the south. The majority of these trajectories originated in northern 

Mexico, though some originated in west Texas before passing into Mexico. The second most 

frequent cluster was number two, which contained 16% of all trajectories. These trajectories 

typically indicated a source area in western New Mexico. Cluster 4 accounted for 10% of the 

total, with these trajectories passing from western Texas and southeastern New Mexico before 

reaching the receptor site.

Arkansas was the final state bordering Texas that was examined. Back trajectories from the site 

in Arkansas were divided into five clusters. Cluster 2, containing 34% of all trajectories, was the 

largest cluster. The routes for these were typically short and indicated a slow wind speed. They 

also generally came from the south with some clockwise rotation over eastern Arkansas. 

Trajectories in cluster 4 were the closest to Texas, however very few endpoints were located in 

Texas for this analysis. Typically these parcels moved from northern Louisiana up the 

Mississippi river as shown in Figure 4: Individual Back Trajectories by Cluster for Arkansas. 
A-2 

Figure 1: Individual Back Trajectories by Cluster for Oklahoma
A-3 

Figure 2: Individual Back Trajectories by Cluster for Louisiana
A-4 

Figure 3: Individual Back Trajectories by Cluster for New Mexico
"'! ' " ( 

.\ '\ 'L ... ·~a 

><l 

,\:~~~ io 7 ' ~ 

~~~~ ·~~ ""'L. { .. 

. ! I" ' 

.: . 

c ,~ ..... z f 

'1·\ \ 

A-5 
Docket No. 2012-0862-SIP 

On November 14, 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 a revision to the SIP for Infrastructure 

and Transport of the 2010 Nitrogen Dioxide (N02) National Ambient Air Quality Standard 

(NAAQS). The Commission adopts this SIP revision demonstrating how the infrastructure 

elements listed in Federal Clean Air Act (FCAA), §uo(a)(2) are currently addressed in the 

Texas SIP for the 2010 N02 National Ambient Air Quality Standard. The SIP revision outlines 

the requirements of FCAA, §uo(a)(2)(A) through (M) and the Texas statutes and rules that 

allow the TCEQ to meet those requirements. These requirements include basic program 

elements such as enforceable emission limitations and control measures, air quality 

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

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

participation, and fee collection. Additionally, the SIP revision demonstrates that Texas is not 

contributing significantly to nonattainment of the N02 NAAQS for areas in other states; not 

interfering with the maintenance of the N02 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 July 13, 2012 

issue of the Texas Register (37 TexReg 5367). 

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 scheduled in Austin on August 1, 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: NOV 1 9 2012 

TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY