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### -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 

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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 ofOctober 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 ofthe requirements in these two subsections and may propose rulemaking and revisions to the SIP at a future date for Commission consideration. Regardless ofwhether these subsections are repealed or amended, the commission has authority under Texas Health & Safety Code § 382.014 and the implementing rule in 30 Texas Administrative Code § 101.10 to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,

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. 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 certifythatthis isatrue and correctcopyofa Texas Commission on Environmental Qualitydocument, which is filed in the permanent recordsoftheCommfsslon. 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 of30 Tex. Admin. Code §§ 101.201(h) and 101.211(f), as adoptedbythe 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 ofthis Order is for any reason held to be invalid by a court of competent jurisdiction, the invalidity ofany portion shall not affect the validity ofthe remaining portions.

Issued date: 

# AUG 0

# 2 2010

### TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

# AGENDA ITEM 

# REQUEST for Withdrawal ofSections 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 ofthewithdrawal 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~ion** 

### on 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. (KathyPendleton, Janis Hudson)

# ~[!ji1tUJO/l{dj ChiefEngineer Division Direct

# ~r~~l:tea~INTEROFFICE MEMORANDUM

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## 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., Chief

### Engineer
DocketNo.: 2010-0977-MIS 

### Subject: CoIIlD,lissionApproval forWithdra)Val of§101.201(h) and §101.211(f) Chapter 101, Emissions Events and ScheduledMaintenance, Startup, and Shutdown Activities fromthe, United States EnvironmentalAgency's (EPA) Consideration as a Revision to the State Implementation Plan (SIP) 

### Background andreason(s) forthe 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 Countyis requiredto reportfor each site:

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

• annual emissions in tons ofEE and MSS (reportable and non-reportable), by mixture or compound. The amounts ofeniissions 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 ofreporting, the data are not statistically significant andhave notbeen used in any current air quality planning activities. Stafftime is used to review and enter 

### this data, and maintenance costs are incurred annually for the database. Industry is expending resources on data'development thatis notbeing used. ' Staffrecommends 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 ofeach 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 subsections for 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 removedfrom EPAconsideration ofthe SIP revision priorto the EPA's final action.Commissioners Page 2 Julyg, 2010 Re: DocketNo. 2010-0977-MIS 

### Scope 

### ofthe proposed recommendation: A) Summary ofwhat 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 requiredbyfederal regulations or state statutes: No. e) 

### Additional staffrecommendations 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 onthe: A) Regulated community: No impact is expected. The data collected are insignificant and notusedin any air qualityplanning. 

### B) Public: No directfiscal impactis antiCipatedto 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 andlegislative interest: Not collecting the data annually has the potential for the appearance ofour collecting databut not using it or to lessen the quality of the overall emissions inventory. Emissions quantity collected between 2006 and 2008have not exceeded 100 tons ofvolatile organic compounds statewide., 

### Will this recommendation affect any current policies or require development ofnew policies? Future rulemaking 

### will be requiredto remove the rule.Commissioners Page 3 July 9, 2010 Re: DocketNo. 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 SusanaM. Hildebrand, P.E. Kevin Patteson Curtis Seaton DanielWomack Office ofGeneral Counsel Kathy Pendleton, P.E.ORDER DocketNo. 2010-0977-MIS OnJuly 28, 2010, theTexas CommissiononEnvironmental Quality(Commission) considered the withdrawal of30 Tex. Admin. Code §§ 101.201(h) and 101.211(f), as adoptedbythe Commission on December 14, 2005, from considerationby the United States Environmental ProtectionAgency (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 ofthis Order is for any reason held to be invalid by a'court ofcompetent jurisdiction, the invalidity ofany portion shall not affect the validity ofthe remaining portions.
Issued date: TEXAS COMMISSION ON ENVIRONMENTAL. QUALITY

Bryan W. Shaw, Ph.D., Chainnan