Bryan W. Shaw, Ph,D" Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, EG., Executive Director

Docket No. 2010-1983-MIS GRA.l.**~.r...,** 6Ki" .**6DRA,I.\'If~** 6WQ

. 6MD 6Slt
. 

### RECEIVElJ-**6PD~** 

### AIR PLAlmlNiiSEC.

, 

### 11 MAR 10 

### PM

## S~'12

Protecting Texas by Reducing andPreventing Pollution March 4,2011 60EJ 6RC
.

### 6PDI1r~<;~~ ••. .

## 6xA.l.0jJ.j)I';}••••••• ('0,,\1°' TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

aI 0:: 

# - :E: M 

### o N x: 0... 'f) 

### ,'" 

# ""**l~** "- ..,:( -' <1: z a:; W >0- x Alfredo Ai'mendariz, Ph.D. Regional Administrator U.S. Environmental ProtectionAgency

- Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 

### a l.1.J 

### > uJ 

### o 1.l.J 

### cr:

Dear Dr. Armendariz: On February 23, 2011, the Texas Commission on Environmental Quality (Commission) voted to withdraw the System Cap Trading Rules at 30 Tex. Admin. Code Chapter 101, Subchapter H, Division 5, §§101.380, 101.382, 101.383, and 101.385, as adopted by the Commission on March 21, 2001, and July 25, 2007, and submitted to the United Stated Environmental Protection Agency (EPA) on May 1, 2001, and August 16, 2007, from consideration as revisions to the State Implementation Plan (SIP) by the EPA We understand that the EPA must meet a deadline ofMay 30, 2011, for final action on these rules, which the EPA proposed for disapproval on November 18, 2010 (75 FR 70654). This withdrawal removes these sections from your consideration as a proposed SIP revision at this time. The Commission's Executive Director and his staffmay propose the repeal ofthese rules at a future date for Commission consideration. Regardless of whether these sections are repealed, the commission has provided other ways for sources to meet the system cap requirements of 30 Tex. Admin. Code §§117.320, 117.1020, 117.1120, 117.1220, 117.3020, and 117.9800(b) in Chapter 101, Subchapter H, Divisions 1 and 4. Enclosed is the Commission's Order that enacts this action and a memo prepared by commission staff that provides additional background information. 

## _L Sill

;;:'

# ,ce,rAel~y,~ __ 

# W

haw, Ph.D.

BWS/alb Enclosures

cc: The Honorable Rick Perry, Governor ofTexas Mr. Toby Baker, Office ofBudget, Planning and Policy, Office ofthe Governor Mr. Mark R Vickery, P.G., Executive Director, Texas Commission on Environmental Quality p.o, Box 13087 Austin. Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.usTEXAS COMMISSION ON ENVIRONMENTAL QUALITY



### ORDER Docket No. 201O-1983-MIS THESTATE OFTEXAS COUNTYOFTRAVIS IIInIlyCldytllal
... IIatrueandCOII8Cl**~rI.** TelCISCcoIii'**iananEnvilllllllenlalQualiIy~** which is Nedillhesemanent recordaoftheCGiil"'L Givenun Ifff lIld1he sealofoftIcean 

# MAR 04 2011**~&il$OIl1lPi~.'** QllaJilv Texas**Commt~~lOn** nn**~~mnmemal** QualiTy
On February 23, 2011, the Texas Commission on Environmental Quality (Commission) considered the withdrawal of30 Tex. Admin. Code Chapter 101, Subchapter H, Division 5, §§ 101.380, 101.382, 101.383, and 101.385 as adopted by the Commission on March 21, 2001 and July 25, 2007, from consideration by the United States Environmental Protection Agency as revisions to the State Implementation PIan (SIP).

IT IS THEREFORE ORDERED BY THE COMMISSION that 30 Tex. Admin. Code Chapter 101, Subchapter H, Division 5, §§ 101.380, 101.382, 101.383, and 101.385 are hereby withdrawn from submission to the EPA as revisions to the SIP. 

### If any portion of this Order is for any reason held to be invalid by a court of competent jurisdiction, the invalidity ofany portion shall not affectthevalidity ofthe remaining portions.

Issued date: 

# MAR 02 2011.
TEXAS COMMISSION ON ENVIRONMENTAL QUAU1Y