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2010 .~UG -9 Pf'1 2: 26

TEXAS COMMISSION ON ENVIRONMENTA:U~trAU'ITJ\lRS DIVISION

Bryan W. Shaw, Ph.D., Chairman

Buddy Garcia, Commissioner

Carlos Rubinstein, Commissioner

Mark R. Vickery, P.G., Executive Director1 0 AUG - 9 Pr

Protecting Texas by Reducing andPreventing Pollution

August 5, 2010

Docket No. 2010-0977-MIS

Alfredo Armendariz, 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 July 28,2010, the Texas Commission on Environmental Quality (Commission) voted to withdraw 30 Texas

Administrative Code § 101.201(h) and § 101.211(f), as adopted by the Commission on December 14, 2005,

from consideration as revisions to the State Implementation Plan (SIP) by the United States Environmental

Protection Agenda (EPA).

We understand that the EPA must meet a deadline of October 31,2010, for action on these two rules, which the

EPA proposed for approval on May 13,2010. This withdrawal removes these two particular subsections from

your consideration at this time. The Commission's Executive Director and his staff are reviewing some of the

requirements in these two subsections and may propose rulemaking and revisions to the SIP at a future date for

Commission consideration. Regardless of whether these subsections are repealed or amended, the commission

has authority under Texas Health & Safety Code § 382.014 and the implementing rule in 30 Texas

Administrative Code § 101.10 to request this and other emissions information.

Enclosed is the Commission's Order that enacts this action and a memo prepared by commission staff that

provides additional background information.

Sincerely,

~~~.Jtt~ Ch .

BWS/js

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.us
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

ORDER

Docket No. 2010-0977-MIS

THE STATE OF TEXAS

COUNlY OF TRAVIS

Jhereby certify that this isatrue and correct copy ofa

Texas Commission on Environmental Qualitydocument,

which is filed in the permanent records oftheCommfsslon.

Given un er my hand and the seal ofoffice on

AUG 042010

La onna Castanuela, ChiefClerk

Texas Commission on Environmental Quality

On July 28,2010, the Texas Commission on Environmental Quality (Commission) considered

the withdrawal of 30 Tex. Admin. Code §§ 101.201(h) and 101.211(f), as adopted by the Commission

on December 14, 2005, from consideration by the United States Environmental Protection Agency

(EPA) as revisions to the State Implementation Plan (SIP).

IT IS THEREFORE ORDERED BY THE COMMISSION that 30 Tex. Admin. Code §§

101.201(h) and 101.211(£), are hereby withdrawn from submission to 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 ofthe remaining portions.

Issued date: AUG 02 2010
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

AGENDA ITEM REQUEST

for Withdrawal of Sections from the State Implementation Plan

AGENDA REQUESTED: July 28, 2010

DATE OF REQUEST: July 9, 2010

NAME & NUMBER OF PERSON TO CONTACT REGARDING CHANGES

TO TillS REQUEST, IF NEEDED: Kerry Howard, 239-0556

CAPTION: DocketNo.2010-0977-MIS. Consideration ofthe withdrawal from the

United States Environmental Protection Agency (EPA) of 30 Texas

Administrative Code Sections 101.201(h) and 101.211(t), as adopted by the

Commis~ionon December 14, 2005, as revisions to the state implementation plan.

Sections 101.201(h) and 101.211(t) concern certain reporting requirements for

excess emissions of air contaminants from emissions events and scheduled

maintenance,startup, and shutdown activities. (Kathy Pendleton,Janis Hudson)

~[!ji1tUJO/l{dj ChiefEngineer Division Direct

~r~~l:tea~
INTEROFFICE MEMORANDUM .

Texas·CoDunission on Environmental Quality

To: Commissioners Date: July 9, 2010

Thru:

From:

LaDonna Castafiuela, Chief Clerk

MarkR.Vickery, P.G., Executive Director

~susana M. Hildebrand, P.E., ChiefEngineer

Docket No.: 2010-0977-MIS

Subject: CoIIlD,lission Approval for Withdra)Val of §101.201(h) and §101.211(f) Chapter

101, Emissions Events and Scheduled Maintenance, Startup, and Shutdown

Activities from the, United States Environmental Agency's (EPA) Consideration

as a Revision to the State Implementation Plan (SIP)

Background andreason(s) for the recommendation:

Title 30 Texas Administrative Code §101.201(h) and§101.211(f), as adopted by the Commission on

December 14,2005, are included in the revisions to the SIP. Parts of §101.201(h) and §101.211(f),

apply to sources not otherwise required to report an annual emissions inventory per §101.1O,

Emissions Inventory. Any source experiencing at least one emissions event (EE) or maintenance,

start-up, or shutdown activity (MSS) in nonattainment areas, maintenance areas, early action

compact areas, Nueces County, or San Patricio County is required to report for each site:

• . number ofEE and MSS (reportable and non-reportable, separately); and

• annual emissions in tons of EE and MSS (reportable and non-reportable), by mixture or

compound.

The amounts of eniissions data colleCted have been small since 2006. Reportable amounts are also

collected and available in the State ofTexas Electronic Reporting System (STEERS). Because ofthe

quantity of reporting, the data are notstatistically significant and have not been used in any current

air quality planning activities. Staff time is used to review and enter this data, and maintenance

costs are incurred annually for the database. Industry is expending resources on data'development

that is not being used. '

Staff recommends removing from consideration by the EPA as a revision to the SIP §101.201(h)

and §101.211(f). Sections 101.201(h) and 101.211(f) concern reporting certain small source excess

emissions for air quality planning purposes. The requirements for these certain small sources are

found in the introductory part of each subsection, as well as in §101.201(h)(3) and §101.211(f)(3).

Because those cannot be severed from EPA consideration, the entire subsections must be

withdrawn. Staff recommends that the commission be advised that the executive director is

considering proposing arule amendment in the future to remove these requirements and resubmit

the amended subsectionsfor approval into the SIP.

Sections 101.201 and 101.211 are proposed for approval into the SIP, and the EPA is subject to a

settlement agreement that requires final action by October 31, 2010, which would be effective

approximately 30 days later. It is therefore recommended that §101.201(h) and §101.211(f) be

removed from EPA consideration ofthe SIP revision prior to the EPA's final action.
Commissioners

Page 2

Julyg, 2010

Re: Docket No. 2010-0977-MIS

Scope ofthe proposed recommendation:

A) Summary of what the recommendation will do: If approved, a request will be

made to the EPA to remove §101.201(h) and §101.211(f) from consideration as a revision to

the SIP..

B) Scope required by federal regulations or state statutes: No.

e) Additional staff recommendations that are not required by federal rule or

state statute:

• removal of §101.201(h) and §101.211(f) from EPA's consideration as a revision to the

SIP; .

• initiate rulemaking at a later time to remove the small source reporting

requirements from §101.201(h) and §101.211(f).

Statutory authority:

State authority: Texas Clean Air Act, Texas Health and Safety Code, §382.011, relating/to General,

Powers and Duties; §382.012, State Air Control Plan; §382.014, relating to Emission Inventory;

§382.016, relating to Monitoring Requirements; Examination ofRecords; and §382.017, Rules.

Effect on the:

A) Regulated community: No impact is expected. The data collected are insignificant

and not used in any air quality planning.

B) Public: No direct fiscal impact is antiCipated to the public. I

C) Agency programs: Staff currently review and enter the data into the Small Source

Emissions Events and Maintenance Database. The database is also tested each year to

ensure it remains operational after a year Of unuse. These tasks will no longer be

performed.

If the commission·decides to go forward with a rulemaking to remove §101.201(h) and

§101.211(f), a separate impact analysis will be completed. Regardless of whether these

subsections are repealed, the commission has authority under Texas Health and Safety Code,

§382.014 and the implementing rule in §101.10 to request this and other emissions

information. '

Stakeholder meetings: Not applicable.

Potential controversial concerns and legislative interest:

Not collecting the data annually has the potential for the appearance of our collecting data but not

using it or to lessen the quality of the overall emissions inventory. Emissions quantity collected

between 2006 and 2008 have not exceeded 100 tons ofvolatile organic compounds statewide.,

Will this recommendation affect any current policies or require development of new

policies? Future rulemaking will be required to remove the rule.
Commissioners

Page 3

July 9, 2010

Re: Docket No. 2010-0977-MIS

What are the consequences if this rulemaking does not go forward? Are there

alternatives to rulem8ldng? The EPA would approve this as part of the Texas SIP. For

removal afteJ; SIP approval, the commission would be required to provide an anti-backsliding

analysis that is acceptable to EPA.

The data would continue to be collected, reviewed, and entered into the Small Source Emissions

Events and Mairi.tenance database. \

Agency contacts:

Kathy Pendleton, Air Quality Division, 512- 239-1936

Janis Hudson, StaffAttorney, 512-239-0466

Attachments

cc: ChiefClerk, 5 copies

Executive Director's Office

Susana M. Hildebrand, P.E.

Kevin Patteson

Curtis Seaton

DanielWomack

Office of General Counsel

Kathy Pendleton, P.E.
ORDER

Docket No. 2010-0977-MIS

On July 28, 2010, theTexas Commission on Environmental Quality(Commission) considered

the withdrawal of30 Tex. Admin. Code §§ 101.201(h) and 101.211(f), as adopted by the Commission

on December 14, 2005, from consideration by the United States Environmental Protection Agency

(EPA) as revisions to the State Implementation Plan (SIP).

IT IS THEREFORE ORDERED BY THE COMMISSION that 30 Tex. Admin. Code §§

101.201(h) and 101.211(f), are hereby withdrawn from submission to 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 ofthe remaining portions.

Issued date:

TEXAS COMMISSION ON

ENVIRONMENTAL.QUALITY

Bryan W. Shaw, Ph.D., Chainnan