Bryan W. Shaw, Ph.D., P.E., Chairman 

Toby Baker, Commissioner 

Zak Covar, Commissioner 

Richard A. Hyde, P.E., Executive Director 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Reducing and Preventing Pollution 

Ms. Adina Wiley 

Air 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: 

The 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 Implementation 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 Applicability 

Limit (PAL) permit applications and applications for standard permits for concrete batch 

plants without enhanced controls. Specifically, the EPA is approving Title 30 Texas 

Administrati\·e Code (TAC) § 39-402(a)(8) and 30 TAC § 39-402(a)(n). In addition, the 

EPA's direct final action converts the conditional approval of the public notice applicability 

provisions for applications for new and amended flexible permits at 30 TAC § 39-402(a)(4) 

and (a)(s) to a final full approval. The rule changes which the EPA is approving in this 

direct final rule were submitted to the EPA for approval on July 2, 2010. The TCEQ offers 

the following 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 applicable federal 

requirements for public notice for PAL permit applications and minor New Source Review 

(NSR) permitting. The TCEQ supports the EPA's approval ofthese rules into the Texas SIP. 

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

How is our customer service? tceq.texas.gov /customcrsurvcy 

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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