B~yan W. Shaw,Ph.D., Chairman Buddy Garcia, Commissioner CarlosRubinstein, Commissioner Mark R. Vickery, P.G., ExecutiveDirector 

## TEXAS COMMISSION ON 

## ENVIRONMENTAL QUALITY Protecting TexasbyReducing aitdPreventing Pollution January 31,2012

A1 Armendariz, Ph.D.,Regional Administrator U.S. Environmental Protection Agency 

### - Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 Dear Dr. Armendariz: On October 31,2011, Governor Rick Perry submitted a recommendation for designation of areas in Texas with regard to the 2008 ozone National Ambient Air Quality Standards (NAAQS) pursuant to therequirements in Section io~(d)(l)(A) ofthe Federal Clean Air Act (FCAA). The HoustonGalveston-Brazoria (HGB) area was recommended tobe nonattainmentbased upon the latest certified monitoring data (a design value of 84parts per billion), which would have indicated a "marginal" classification, if the United States Environmental Protection Agency (EPA) continued to utilize the previous classification metric adopled for the 1997eight-hour ozone standard. In fact, in a September 22,2011, memo to Regional Air Division Directors, Assistant Administrator Gina McCarthy expressed theEPA's preliminary classification for the HGB area would indeed be "marginal." 

### I understand that theEPA is considering classifying areas that previously requested a voluntary bump-up to a higher classification under the previous 1997 eight-hour ozone NAAQS at the same higher classification for the revised 2008 eight-hour ozone NAAQS, regardless of the classification metric outlined in the September 22,2011 memo. In 2007, Texas submitted a reclassification request to "severe" for the HGB area tothc EPA under Section 181(b)(3)of the FCAA for the 1997ozone NAAQS but never intended this request to extend to an unknown future standard. There is no procedural precedence or statutory authority for the EPA topropose a higher classification for an area than is warranted by the ozone concentrations observedby the EPA's approved monitor network. 

### As stated in the January lo, 2012 letter to Ofice of Management and Budget Adminstrator Cass Sunstein, atthis time the State ofTexas is not requesting and does not want a voluntarybump-up of the classification for the HGB area, nor doesthe State of Texas agree that the 2007voluntary bump-up for the HGB area concerning the 1997eight-hour ozone NAAQS is appropriate for, or appliesto, the 2008 eight-hour ozone NAAQS. The EPA should not usurp Texas' right to fully evaluate all relevant information before determiningwhether a bump-up is appropriate andif so,towhat level. Please consider this letter my request that the EPA follow through on its classification metric and leave the HGB area classified as "marginal" for the 2008 eight-hour ozoneNAAQS. The EPA has indicated that it plans to use the most recent three years 

### of certified ambient monitoring data (2008through 2010) asthebasis for designations. The Texas Commission on Environmental Quality (TCEQ)staff are availableto work with you regarding the appropriate data submission or other questions or concerns.

P.O. Box 13087 

# . Austin. Texas78711-1087 512-210-1000 WwW.tcefl.texas.zov How is our customer service? www.tceq.texas.gov/goto/cnstomersurveyA1 

### Armendariz, Ph.D. Page 2 

### January 31,2012

I 

### appreciateyour consideration onthis matter. If 

### you have any questions or need additional information,please feel freeto contact me at 512-239-5510. 

### Sincerely, 

## - 

# -0rwJkw Bryan W. 

### Shaw, Ph.D., Chairman 

## ch as Commission on Environmental Quality

cc: Lisa P. 

### Jaclzson,Administrator, EPA