Bryan W . Shaw , Ph . D. , P.E. , C hairman Toby Baker, Commissioner Zak Covar, Comm i ss ioner Richard A. H yde, P. E . , Executive Dir ect or 

### TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Prot ec ting Texas by Reducing and Prev entin g Pollution

Ms. Ad in a Wiley A

ir Permits Section (6PD-R) U.S . Environmental Protection Agency 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 April 21, 2015

Attn: Docket No. EPA-Ro6-0AR-2015-0033 Re: Title 40 Code of Federal Regulations (CFR) Part 52 Approval and Promulgation of Implementation Plans ; Texas; Public Participation for Air Quality Permit Applications. Dear Ms. Wiley: Th e Texas Commission on Environmental Quality (TCEQ) appreciates the opportunity to respond to the U.S. Environmental Protection Agency's (EPA) notice published in the March 30, 2015, issue of the Federal Register (FR) entitled: "Approval and Promulgation of Impl e mentation Plans; Texas; Public Participation for Air Quality Permit Applications." The EPA's direct final action approves into the Texas State Implementation Plan (SIP) certain rules pertaining to public notice applicability provisions for Plantwide Applicabi lity Limit (PAL) permit applications and applications for standard permits for concrete batch plants w ith ou t enhanced controls . Specifically, th e EPA is approving Title 30 Texas Adm ini strati\ ·e Code (TAC) § 39-402(a)(8) a nd 30 TAC § 39-402(a)(n) . In addition, the EPA ' s direct final action co nve rts the co nditional approval of the public notice applicab ili ty provisions for applications for new and amended flexible permits at 30 TAC § 39-402(a)(4) and (a)(s) to a final full approval. Th e rule changes whic h the EPA is approving in this direct final rule were submitted to the EPA for approval on July 2, 2010. The TCEQ offers the fo llowing brief comments on this direct final rule. The TCEQ concurs with the EPA's conclusion that the public participation provisions that the EPA is approving into the SIP in this action are consistent vvith all app li cable federal requirements for public notice for PAL permit applications and minor New Source Review (NSR) permitting . The TCEQ sup port s th e EPA's approval ofthese rule s into the Texas S IP.

P.O. Box 13 087 • A us tin , Texas 787 11 -3087 • 512-239

- 1000 • tcc q.tcxas .gov How is our cus tom er ser v

ice ? tceq .texas .gov/c usto m crs urvcy pr lltt ,l J< l d f:' 3per U"1 1r 1 V J tc.Jh ,1 ,( .1 I l

### U.S. Environmental Protection Agency Page2 April 21, 2015 Re: Approval and Promulgation of Implementation Plans; Texas; Public Participation for Air Quality Permit Applications The preamble to this direct final rule notes that the EPA will address the conversion of the remainder of the conditionally-approved Texas Flexible Permit Program (FPP) to a full approval in a separate rulemaking. The TCEQ agrees with the EPA's findings in the December 31, 2014, proposed final approval that the FPP rules as submitted are properly structured according to the requirements of the Texas Administrative Procedure Act and the Texas Administrative Code, meet all applicable requirements for federal minor NSR and the Federal Clean Air Act, and thus, can be approved as part of the Texas SIP. The TCEQ looks forward to the conversion of the conditional approval of the FPP rules to a final full approval. 

### If you have any questions concerning these comments, please contact Mr. Michael Wilson, P.E., Director, Air Permits Division, Office of Air, (512) 239-1922, or at mike.wilson@tceq.texas.gov. Sincerely,

Richard A. Hyde, P.E. Executive Director