Bryan W. Shaw, Ph,D" Chairman

Buddy Garcia, Commissioner

Carlos Rubinstein, Commissioner

Mark R. Vickery, EG., Executive Director

Docket No. 2010-1983-MIS

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Protecting Texas by Reducing and Preventing Pollution

March 4,2011

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Alfredo Ai'mendariz, Ph.D.

Regional Administrator

U.S. Environmental Protection Agency - Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

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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 of May 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 staff may propose the repeal of these 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 Regardless of whether these sections are repealed, the commission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.

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Enclosures

cc: The Honorable Rick Perry, Governor ofTexas

Mr. Toby Baker, Office of Budget, 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.us
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

ORDER

Docket No. 201O-1983-MIS

THE STATE OF TEXAS

COUNTYOF TRAVIS

IIInIlyCldytllal...IIatrueand COII8Cl ~rI.

TelCISCcoIii' iananEnvilllllllenlalQualiIy~

which is Nedillhesemanentrecorda oftheCGiil"'L

Given un Ifff lIld1he sealofoftIce an

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 of 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,

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 of any portion shall not affect the validity of the remaining portions.

Issued date: MAR 02 2011.

TEXAS COMMISSION ON

ENVIRONMENTAL QUAU1Y