Buddy Garcia, Chairman

Larry R. Soward, Commissioner

Bryan W. Shaw, Ph.D., Commissioner

Glenn Shankle, Executive Director

ItECEIV£D - 6PUL

AIR PL.~HNIHG SEC

08 HAY -6 PM 2: 12

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Protecting Texas by Reducing and Preventing Pollution

May 1,2008

Docket No. 2007-1244-SIP

Project No. 2007-057-SIP-NR

Richard E. Greene, Regional Administrator

U.S. Environmental Protection Agency - Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

Dear Mayor Greene:

On April 16, 2008, the Texas Commission on Environmental Quality (Commission) adopted revisions to the

State Implementation Plan (SIP) for Ozone (03) and Fine Particulate Matter (PM2.5) transport emissions.

The Commission adopted this revision to the SIP documenting how the Commission has met the Federal Clean

Air Act (FCAA), § 110(a)(1) requirement for states to submit SIPs after the promulgation of new or revised

National Ambient Air Quality Standards (NAAQS) to meet the requirements of FCAA, § 110(a)(2), including

FCAA, § 110(a)(2)(D)(i), relating to interstate transport of 0 3 and/or PM2.5•

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record of the public

hearing, and the accompanying order. I look forward to your expeditious approval of these SIP revisions.

Sincerely,

~~6YOO Chairman

BG/ts

Enclosures

cc: The Honorable Rick Perry, Governor ofTexas

Mr. Auburn Mitchell, Office ofBudget, Planning and Policy, Office ofthe Governor

Mr. Glenn Shankle, 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

Ilrinltd on recvcleu J)i:ll1er usills:! !)l)v-bdSed ink
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

THE STATE OF TEXAS

COUNTY OF TRAVIS

This is to certify that the attached are true and correct copies of documents for a revision to the Texas

State Implementation Plan, adopted on April 16, 2008, pursuant to 40 Code of Federal Regulations (C.P.R.) §

51.104. I am the records administrator for the Air Quality Division of the Texas Commission on Environmental

Quality (Commission).

JlNrtd2<a4z!-

usana M. HilJebrand, P.E.

Director, Air Quality Division

Texas Commission on Environmental Quality
Texas Commission on Environmental Quality

Public Hearing

December 11. 2007

Concerning the Interstate Transport of Eight-Hour

Ozone and Fine Particulate Matter (PM25)

Project No. 2007-057-SIP-NR
INTRODUCTION

The Texas Commission on Environmental Quality (commission) held a public hearing in Austin on

December 11, 2007, to receive testimony regarding proposed revisions to the state implementation

plan (SIP) to meet requirements of the Federal Clean Air Act relating to the interstate transport of

Eight-Hour Ozone and Fine Particulate Matter (PM2.

s).

The comment period closed on January 7,2008. All testimony and comments have been reviewed

and seriously considered. This hearing record contains a complete record ofthe public hearing and

is divided into the following four sections:

o Public Notification and Proposal

o Written and Oral Testimony

o Evaluation of Testimony

o Staff Recommendations/Order

Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park 35

Circle, Austin, Texas 78753. For further information, please contact Kim Herndon at (512) 239-

1421.
PUBLIC

NOTIFICATION AND

PROPOSAL
PUBLIC NOTIFICATION

Notification to the public of the proposed revisions was conducted by the following procedures:

1. Publication of notice of public hearings in the following newspapers on the date listed:

Austin American Statesman, November 9, 2007

Fort Worth Star-Telegram, November 9, 2007

Houston Chronicle, November 9, 2007

2. Publication of the Public Hearing Notice in the November 23, 2007, issue of the Texas Register

(32 TexReg 8603).

3. Correspondence forwarding the notice of public hearing to the following officials and agencies:

Speaker of the House

Lieutenant Governor

Alamo Area Council of Governments

Capital Area Planning Council

City of Victoria Planning Department

Dallas Department of Environmental and Health Services

Dallas Department of Aviation

East Texas Council of Governments

EI Paso City-County Health and Environmental District

EI Paso Metropolitan Planning Organization

Federal Highway Administration

Fort Worth Environmental Management Department

Galveston County Health District

Houston Department of Health and Human Services
Harris County Public Health and Environmental Services

North Central Texas Council of Governments

Houston-Galveston Area Council

South East Texas Regional Planning Commission

Texas Department of Transportation

Texas Transportation Institute

Arkansas Department of Pollution Control and Ecology

Louisiana Department of Environmental Quality

New Mexico Environmental Department

Oklahoma Department of Environmental Quality

U. S. Environmental Protection Agency
Example of Newspaper Classified Ad

Fort Worth Star-Telegram, November 9, 2007
Buddy Garcia, Chairman

Larry R. Soward, Commissioner

Bryan W. Shaw, Ph.D., Commissioner

Glenn Shankle, Executive Director

TEXAS COlVIMISSION ON ENVIRONMENTAL QUALITY

Protecting Texas by Reducing and Preventing Pollution

NOTICE OF PUBLIC HEARING

ON PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN

The Texas Commission on Environmental Quality (commission or TCEQ) will conduct a public hearing

to receive testimony regarding proposed revisions to the state implementation plan (SIP) to meet the

requirements ofthe Federal Clean Air Act (FCAA), §110(a)(2)(D)(i) relating to the interstate transport of

Eight-Hour Ozone and Fine Particulate Matter (PM25). The proposed revisions reference existing

nitrogen oxides control strategies to reduce the concentration of eight-hour ozone in Texas, as well as

reference the state's participation in the Federal Clean Air Interstate Rule (CAIR) to reduce transport of

PM25·

The proposed revisions verifY that the Prevention of Significant Deterioration and Nonattainment New

Source Review permitting programs and Visibility programs are being implemented in Texas. The

proposed revisions, once adopted, would fulfill Texas' obligation regarding interstate transport of eighthour ozone and PM25 under §II0(a)(2)(D)(i) of the Federal Clean Air Act. There is no associated

rulemaking with this SIP revision.

A public hearing on this proposal will be held in Austin, on December 11,2007, at 10:00 a.m., at TCEQ's

Austin Headquarter Office, Building B, 12100 Park 35 Circle. The hearing will be structured for the

receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the

hearing. Individuals may present oral statements when called upon in order of registration. There will be

no open discussion during the hearing; however, TCEQ staff will be available to discuss the proposal 30

minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the

hearing should contact the Air Quality Division at (512) 239-4900. Requests should be made as far in

advance as possible.

Comments may be submitted to Kim Herndon, MC 206, Air Quality Division, Chief Engineer's Office,

Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to

(512) 239-5687. Electronic comments may be submitted at www5.tceq.state.tx.us/rules/ecomments/. File

size restrictions may apply to comments being submitted via the eComments system. All comments

pertaining to the interstate transport of eight-hour ozone and PM25 SIP revision proposal should reference

Project Number 2007-057-SIP-NR. The comment period closes on January 7, 2008. Copies of the

proposed revision may be viewed at the commission's web site at

http://www.tceq.state.tx.us/implementation/air/sip/transport/transportsip.html. For further information,

please contact Kim Herndon, Air Quality Planning Section, (512) 239-1421.

Issued in Austin, Texas on November 7, 2007.

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • Internet address: www.tceq.state.tx.us

printed on recycled paper using soy-based ink.
• •

Notice of Public Hearing on Proposed Revisions to the State

Implementation Plan

The Texas Commission on Environmental Quality (commission or

TCEQ) will conduct a public hearing to receive testimony regarding

proposed revisions to the state implementation plan (SIP) to meet the

requirements of the Federal Clean Air Act (FCAA), §110(a)(2)(D)(i)

relating to the interstate transport of Eight-Hour Ozone and Fine

Particulate Matter (pM,..). The proposed revisions reference existing

nitrogen oxides control strategies to reduce the concentration of

eight-hour ozone in Texas, as well as reference the state's participation

in the Federal Clean Air Interstate Rule (CAIR) to reduce transport of

PM".

The proposed revisions verify that the Prevention of Significant Deterioration and Nonattainment New Source Review permitting programs

and Visibility programs are being implemented in Texas. The proposed

revisions, once adopted, would fulfill Texas' obligation regarding interstate transport of eight-hour ozone and PM" under §II 0(a)(2)(D)(i)

of the Federal Clean Air Act. There is no associated rulemaking with

this SIP revision.

A public hearing on this proposal will be held in Austin, on December

11,2007, at 10:00 a.m., atTCEQ's Austin Headquarter Office, Building

B, 12100 Park 35 Circle. The hearing will be structured for the receipt

of oral or written comments by interested persons. Registration will

begin 30 minutes prior to the hearing. Individuals may present oral

statements when called upon in order of registration. There will be

no open discussion during the hearing; however, TCEQ staff will be

available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation

needs who are planning to attend the hearing should contact the Air

Quality Division at (512) 239-4900. Requests should be made as far

in advance as possible.

Comments may be submitted to Kim Herndon, MC 206, Air Quality

Division, Chief Engineer's Office, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or

faxed to (512) 239-5687. Electronic comments may be submitted at

www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may

apply to comments being submitted via the eComments system. All

comments pertaining to the interstate transport of eight-hour ozone

and PM" SIP revision proposal should reference Project Number

2007-057-SIP-NR. The comment period closes on January 7, 2008.

County, Texas; TYPE OF FACILI Y: convenience store with retail

sales of gasoline; RULES VIOLAT D: 30 TAC §334.48(c), by failing

to conduct effective manual or auto atic inventory control procedures

for all underground storage tanks USTs) at the facility used in the

retail sale of petroleum substanc s used as a motor fuel; and 30

TAC §334.50(b)(l)(A) and (d)(4) )(ii)(II) and Texas Water Code,

§26.3475(c)(I), by failing to moni r the USTs in a manner to detect

a release at a frequency of at leas once every month, and failing to

perform an automatic test for subs ance loss that can detect a release

which equals or exceeds a rate of .2 gallons per hour from the UST

system; PENALTY: $6,450; ST F ATTORNEY: Lena Roberts,

Litigation Division, MC 175, (512 239-0019; REGIONAL OFFICE:

Houston Regional Office, 5425 Po k Street, Suite H, Houston, Texas

77023, (713) 767-3500.

TRD-200705554

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmen I Quality

Filed: November 13, 2007

• •

failing to conduct process control t sting and failing to conduct proper

flow measurement procedures; ENALTY: $41,170; Supplement

Environmental Project offset amo t of $41,170 applied to Hamilton

County; STAFF ATTORNEY: Le Roberts, Litigation Division, MC

175, (512) 239-0019; REGIONA OFFICE: Waco Regional Office,

6801 Sanger Avenue, Suite 2500 Waco, Texas 76710-7826, (254)

751-0335.

TRD-200705552

Mary R. Risner

Director. Litigation Division

Texas Commission on Environmen

Filed: November 13, 2007

Notice of Opportunity to Com ent on ShutdownlDefault

Orders of Administrative Enfo ement Actions

The Texas Commission on Enviro ental Quality (commission) staff

is providing an opportunity for tten public comment on the listed

Shutdown/Default Order (SIDO). xas Water Code (TWC), §26.3475

authorizes the commission to orde the shutdown of any underground

storage tank (UST) system found t be noncompliant with release detection, spill and overfill preventio , and/or, after December 22, 1998,

cathodic protection regulations of he commission, until such time as

the owner/operator brings the UST system into compliance with those

regulations. The commission pro oses a Shutdown Order after the

owner or operator of a UST facility fails to perform required corrective

actions within 30 days after recei g notice of the release detection,

spill and overfill prevention, and/o after December 22, 1998, cathodic

protection violations documented the facility. The commission proposes a Default Order when the st ff has sent an executive director's

preliminary report and petition (E PRP) to an entity outlining the alleged violations; the proposed pen Ity; and the proposed technical requirements necessary to bring the tity back into compliance; and the

entity fails to request a hearing on e matter within 20 days of its receipt ofthe EDPRP or requests a h aring and fails to participate at the

hearing. In accordance with TWC, §7.075, this notice ofthe proposed

order and the opportunity to comm t is published in the Texas Register

no later than the 30th day before th date on which the public comment

period closes. The commission 11 consider any written comments

received and the commission may ithdraw or withhold approval of a

SIDO if a comment discloses fact or considerations that indicate that

consent to the proposed SIDO is i appropriate, improper, inadequate,

or inconsistent with the requirem ts of the statutes and rules within

the commission's jurisdiction, or e commission's orders and permits

issued in accordance with the co ission's regulatory authority. Additional notice of changes to a pr posed SIDO is not required to be

published ifthose changes are ma e in response to written comments.

A copy of the proposed SIDO is a ilable for public inspection at both

the commission's central office, 10 ted at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 7 53, (512) 239-3400 and at the applicable regional office listed as fo lows. Written comments about the

SIDO shall be sent to the attorney esignated for the SIDO at the commission's central office at P.O. B x 13087, MC 175, Austin, Texas

78711-3087 and must be received y 5:00 p.m. on January 4, 2008.

Written comments may also be s t by facsimile machine to the attorney at (512) 239-3434. The co ission attorneys are available to

discuss the SIDO and/or the co ent procedure at the listed phone

numbers; however, comments on e SIDO shall be submitted to the

commission in writing.

(I) COMPANY: Airtex Inves nts, Inc. dba Time Mart 10;

DOCKET NUMBER: 2006-18 -PST-E; TCEQ ID NUMBER:

RNI01849693; LOCATION: 852 Telephone Road, Houston, Harris

IN ADDITION November 23, 2007 32 TexReg 8603
Notice of Water Quality Appli tions

The following notices were issue during the period of October 25,

2007 through November 13,2007.

The following require the applic s to publish notice in a newspaper.

Public comments, requests for pu ic meetings, or requests for a contested case hearing may be submit d to the Office of the ChiefClerk,

Copies of the proposed revision may be viewed at the commission's

web site at http://www.tceq.state.tx.us/implementation/air/sip/transportltransportsip.html. For further information, please contact Kim

Hemdon, Air Quality Planning Section, (512) 239-1421.

TRD·200705485

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: November 9, 2007

Mail Code 105, P.O. Box 13087,Austfn, Texas 78711-3087, WITHIN

30 DAYS OF THE DATE OF NEWSP ERPUBLICATION OF THE

NOTICE.

INFORMATION SECTION

AQUA TEXAS INC has applied for renewal ofTPDES Permit No.

WQOOl2303001 which authorizes th discharge of treated domestic

wastewater at a daily average flow n t to exceed 15,000 gallons per

day. The facility is located at 5818 aloma, approximately 300 feet

west ofGoslin Road and approximat y 1,500 feet south ofRoot Road

in the community of Spring in Harris County, Texas.

CITY OF DUMAS has applied to TCEQ for a new pennit, proposed TPDES Permit No. WQOO 101 1002, to authorize the discharge

oftreated domestic wastewater at an ual average flow not to exceed

1,940,000 gallons per day. The faci!' will be located approximately

one mile east ofU.S. Highway 287 d south ofthe City of Dumas on

East 19th Street in Moore County, T xas.

CITY PUBLIC SERVICE OF SAN ANTONIO, which operates the

O.w. Sommers/J.T. Deely/J.K. Spru Steam Electric Station, has applied for a major amendment to TP ES Permit No. WQ0001514000

to authorize an increase in the daily verage flow at Outfall 007 from

1,000,000,000 to 1,440,000,000 gal ns per day and maximum daily

flow 1,380,000,000 to 1,800,000,00 gallons per day; to authorize an

increase in the maximum pH from .0 to 10.0 standard units at Outfall 109; to authorize the discharge f low volume waste and quench

water at Outfall 109; to authorize th discharge of car and equipment

wash water at Outfalls 104 and 112. he current permit authorizes the

discharge of once-through cooling ter and previously monitored effluents (PMEs)(low volume waste ndlor metal cleaning waste from

internal Outfall 101, 102, 108 and 1 2, ash transport water, other low

volume waste and/or metal cleanin waste from internal Outfall 103,

coal pile runoff from internal Outfa 104, discharge from a pond containing storm water from material orage areas, flue gas desulphurization (FGD) scrubber sludge andl metal cleaning waste from internal Outfall 109, treated domestic stewater at a daily average flow

not to exceed 0.04 million gallons per day via internal Outfall 11 0,

storm water at internal Outfall 113, 115, 116, 117, 118 and 014) from

Sommers Units 1 & 2 and from De ly Units 1 & 2 at a daily average

flow not to exceed 1,440,000,000 llons per day via Outfall 001; low

volume waste and/or metal cleanin waste and storm water from construction activities on an intermitt t and flow variable basis via Outfall 002; storm water from diked s rage areas on an intermittent and

flow variable basis via Outfall 00 . and once-through cooling water

and previously monitored effluents (PMEs) (storm water, wastewater

from fire booster pumps, washdo water and storm water from construction activities from internal tfall 712, a pond containing storm

water runoff (sludge/fly ash dispo I area and landfill area) from internal Outfall 713) from Spruce U it lat a daily average flow not to

exceed 1,000,000,000 gallons per y. The facility is located adjacent

to Calaveras Lake at 9599 Gardner oad, and east-southeast ofthe City

of San Antonio, Bexar County, Te as.

HARRIS COUNTY MUNICIPAL ILITY DISTRICT NO. 250 has

applied for a new permit, propose Texas Pollutant Discharge Elimination System (TPDES) Permit N . WQOOI4811 001, to authorize the

discharge oftreated domestic wast water at a daily average flow not to

exceed 100,000 gallons per day. e facility was previously permitted underTPDES Permit No. W 0012685001 which expired May I,

2007. The facility is located at 6 90 Huffmeister Road, Houston, in

Harris County, Texas.

HARRIS COUNTY MUNlCIP UTILITY DISTRICT NO. 286 has

applied for a renewal ofTPDES errnit No. WQ0013020001, which

authorizes the discharge oftreated omestic wastewater at a daily aver-

•

•

• •

•

Notice of Public Hearings on P oposed Revisions to 30 TAC

Chapter 213

The Texas Commission on Enviro ental Quality (commission) will

conduct a public hearing to receive estimony concerning proposed revisions to 30 TAC Chapter 213,.E wards Aquifer, under the requirements ofTexas Health and Safety ode, §382.017; Texas Government

Code, Chapter 2001, Subchapter B

This rulemaking implements HB 30 8, 80th Legislature, 2007, Regular

Session, by revising the 30 TAC hapter 213 fee structure for water

pollution abatement plans and con 'buting zone plans submitted to the

TCEQ for review by the Edwards quifer Protection Program.

The commission will hold a public hearing on this proposal in Austin

on December 10, 2007 at 10:00 a.m at the Texas Commission on Environmental Quality Complex locate at 12100 Park 35 Circle in Building E, Room 20 IS. The hearing wi] be structured for the receipt oforal

or written comments by interested ersons. Registration will begin 30

minutes prior to the hearings. Indi iduals may present oral statements

when called upon in order ofregis tion. There will be no open discussion during the hearing; however, c mmission staffwill be available to

informally discuss the proposal 30 inutes before the hearing.

Persons who have special comm ication or other accommodation

needs who are planning to attend he hearing should contact Lesley

Williamson, Office of Legal Servic s, at (512) 239-2461.

Comments may be submitted t Lesley Williamson, MC 205,

Office of Legal Services, Texa Commission on Environmental

Quality, P.O. Box 13087, Aust , Texas 78711-3087, or faxed

to (512) 239-4808. Electronic comments may be submitted at

http://www5.tceq.state.tx.us/rulesl. omments. File size restrictions

may apply to comments submitted tough the eComments system. All

comments should reference Rule roject Number 2007-032-213-CE.

The comment period closes Janu 7, 2008. Copies of the proposed rules can be obtained fro the commission's Web site at

http://www.tceq.state.tx.us/nav/rul/propose_adopt.htm!. For further

information, please contact Tracy Miller, Field Operations Support

Division, (512) 239-4127.

TRD-200705483

Robert Martinez

Director, Environmental Law Divisi

Texas Commission on Environmen

Filed: November 9, 2007

32 TexReg 8604 November 23,2007 Texas Register
REVISIONS TO THE STATE IMPLEMENTATION PLAN (SIP)

CONCERNING OZONE (03) AND

FINE PARTICULATE MATTER (pM 1.S)

TRANSPORT EMISSIONS

TEXAS COMMISISON ON ENVIRONMENTAL QUALITY

P.O. BOX 13087

AUSTIN, TEXAS 78711-3087

PROJECT NO. 2007-057-SIP-NR

Proposed

November 7, 2007
SECTION VI. CONTROL STRATEGY

A. Introduction (No change.)

B. Ozone (No change.)

C. Particulate Matter (No change.)

D. Carbon Monoxide (No change.)

E. Lead (No change.)

F. Oxides ofNitrogen (No change.)

G. Sulfur Dioxide (No change.)

H. Conformity with the National Ambient Air Quality Standards (No change.)

I. Site Specific (No change.)

J. Mobile Source Strategies (No change.)

K. Clean Air Interstate Rule (No change.)

L. Transport (New)
EXECUTIVE SUMMARY

This revision to the State Implementation Plan (SIP) for ozone (03) and fine particulate matter

(PM2.

S) transport sets forth how the Texas Commission on Environmental Quality (TCEQ) will

meet the Federal Clean Air Act (FCAA), section 11O(a)(I) requirement for states to submit SIPs

within three years after the promulgation of new or revised National Ambient Air Quality

Standards (NAAQS) to meet the requirements of FCAA, § 11O(a)(2), including FCAA, §

11O(a)(2)(D)(i), relating to interstate transport of 0 3 and/or PM2.5. On July 18, 1997, the United

States Environmental Protection Agency (EPA) promulgated a revised NAAQS for ozone and a

revised NAAQS for particulate matter (PM). For ozone, the EPA replaced the one-hour standard

with an eight-hour standard and for PM, the EPA added a new 24-hour standard and a new annual

standard for particulate matter of 2.5 microns and less (PM2.S). The purpose ofthis SIP revision

is to document that any emissions from Texas' sources that may contribute to nonattainment in

another state have been mitigated through existing control strategies.

On April 25, 2005, the EPA published a finding of states' failure to submit in the Federal

Register (Volume 70, Number 78) that required SIPs relating to interstate transport of eight-hour

ozone and PM2.

S, which started a two-year clock for the promulgation of a Federal

Implementation Plan (FIP). The finding of failure to submit identified Texas as a state that had

not properly addressed interstate transport pollution. Several areas in Texas are nonattainment for

the eight-hour ozone NAAQS, but the entire state is currently designated attainment for the 1997

24-hour and annual standards for PM2.S•

The EPA's "SIP Guidance on Section 110(a)(2)(D)(i) Findings of Failure to Submit" dated

August 11, 2006, notes that states participating in the Clean Air Interstate Rule (CAIR) will

satisfy the transport SIP requirements for ozone and PM2.5 by submitting a CAIR SIP or by

relying on the CAIR FIP to demonstrate that emissions from Texas do not interfere with

attainment in another state. Texas is participating in the federal CAIR program for PM2.S and is

considered as having addressed annual sulfur dioxide (S02) and nitrogen oxides (NOx) transport

for PM2.5. Therefore, Texas' PM2.S transport SIP obligation has been partially fulfilled by the

submission of the CAIR SIP to the EPA on August 3, 2006. This SIP revision also includes

verification that the Prevention of Significant Deterioration (PSD) and Nonattainment New

Source Review (NSR) permitting programs and the Protection of Visibility requirements are

being implemented in Texas.

Texas is not covered under the CAIR program for eight-hour ozone contribution. However, in

addition to the annual NOx reductions from the CAIR program Texas has a strategy in place for

the eastern part of the state to reduce NOx emissions from electric utilities. This strategy, along

with other NOx reducing programs in current ozone SIP revisions, is the basis of Texas' EightHour Ozone and Fine Particulate Matter (PM2.

S) Transport SIP submittal. The control strategies

that are comparable to the CAIR program include: Utility Electric Generation in Ozone

Nonattainment Areas Emission Specifications for Attainment Demonstrations; Utility Electric

Generation in East and Central Texas Emission Specifications; Texas-specific legislation from

the 2001 76tlJ. session in Senate Bill 7 (SB 7) that requires a regional NOx cap and trade program;

and a Mass Emissions Cap and Trade (MECn program in the Houston-Galveston-Brazoria

nonattainment area.

The combined electric generating unit (EGU) specific strategies listed above have reduced NOx

by an estimated 598 tons per day from 2000 through 2005. This equates to an estimated 218,270

tons per year. Modeling indicates that an additional two tons per day will be reduced by 2009, for

a total of 600 tons per day or 219,000 tons per year. In addition, the Houston-Galveston-Brazoria

ES-l
(HGB) MECT program for non-electric generating facilities has reduced NOx emissions an

additional 105 tons per day or 38,325 tons per year from 2000 through 2004, with an additional

76 tons per day or 27,740 tons per year reduction expected in 2009. In addition to the listed

reductions that are consistent with CAIR., Texas has numerous other strategies through eight- and

one-hour ozone initiatives that are described in Chapter 2. These strategies include, but are not

limited to: programs to reduce NOx emissions from major industrial, commercial, and

institutional sources; cement kiln controls; transportation control measures (TCMs); local

voluntary mobile source emission reduction programs (VMEP); Texas Low Emission Diesel

(TxLED); and the Texas Emission Reduction Program (TERP).

In addition to the control strategies that are already in place to reduce NOx emissions in Texas, an

EPA document, "Technical Support Document for the Final Clean Air Interstate Rule - Air

Quality Modeling, March 2005," states that modeling predicts that all four of the nonattainment

areas (Denver, Memphis-West Memphis, St. Louis, and Baton Rouge) in states nearest to Texas

(Colorado, Arkansas, Tennessee, Missouri, and Louisiana) will be attaining the eight-hour ozone

standard in 2010 after CAIR. emissions reductions have been made. The EPA's analysis included

Texas emissions east ofLaredo, including the Beaumont-Port Arthur, Dallas-Fort Worth, and the

Houston-Galveston-Brazoria nonattainment areas.

In conclusion, the existing environmental and technical work contained in the EPA's document,

"Technical Support Document for the Final Clean Air Interstate Rule - Air Quality Modeling,

March 2005," conftrms that all nonattainment areas in adjacent states will be attaining the eighthour ozone standard. In addition, the EPA's recognition that CAIR. is adequate to demonstrate

compliance with the PM2.5 transport requirements shows Texas has adequately addressed any

potential transport issues associated with eight-hour ozone and PM2.5 and fulftlled its eight-hour

ozone and PM2.5 transport SIP obligations.

ES-2
SECTION V: LEGAL AUTHORITY

A. General

The TCEQ has the legal authority to implement, maintain and enforce the National Ambient Air

Quality Standards (NAAQS).

The first air pollution control act, known as the Clean Air Act ofTexas, was passed by the Texas

Legislature in 1965. In 1967, the Clean Air Act of Texas was superseded by a more

comprehensive statute, the Texas Clean Air Act (TCAA), found in Article 4477-5, Vernon's

Texas Civil Statutes. The Legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985,

1987, 1989, 1991, 1993, 1995, 1997, 1999, 2001, 2003 and 2005. In 1989, the TCAA was

codified as Chapter 382 ofthe Texas Health & Safety Code.

Originally, the TCAA stated that the Texas Air Control Board (TACB) is the state air pollution

control agency and is the principal authority in the state on matters relating to the quality of air

resources. In 1991, the Legislature abolished the TACB effective September 1, 1993, and its

powers, duties, responsibilities and functions were transferred to the Texas Natural Resource

Conservation Commission (TNRCC). With the creation of the TNRCC, the authority over air

quality is found in both the Texas Water Code and the TCAA. Specifically, the authority of the

TNRCC is found in Chapters 5 and 7. Chapter 5, Subchapters A - F, H - J, and L, include the

general provisions, organization and general powers and duties of the TNRCC, and the

responsibilities and authority ofthe Executive Director. This Chapter also authorizes the TNRCC

to implement action when emergency conditions arise and to conduct hearings. Chapter 7 gives

the TNRCC enforcement authority. In 2001, the 77th Texas Legislature continued the existence

of the TNRCC until September 1, 2013, and changed the name of the TNRCC to the Texas

Commission on Environmental Quality (TCEQ).

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in

the state's air and to control the quality of the state's air by preparing and developing a general,

comprehensive plan. The TCAA, Subchapters A - D, also authorize the TCEQ to collect

information to enable the commission to develop an inventory of emissions; conduct research and

investigations; enter property and examine records; prescribe monitoring requirements; institute

enforcement proceedings; enter into contracts and execute instruments; formulate rules; issue

orders taking into consideration factors bearing upon health, welfare, social and economic factors,

and practicability and reasonableness; conduct hearings; establish air quality control regions;

encourage cooperation with citizens' groups and other agencies and political subdivisions of the

state as well as with industries and the Federal Government; and establish and operate a system of

permits for construction or modification offacilities.

Local government authority is found in Subchapter E ofthe TCAA. Local governments have the

same power as the TCEQ to enter property and make inspections. They also may make

recommendations to the commission concerning any action of the TCEQ that affects their

territorial jurisdiction, may bring enforcement actions, and may execute cooperative agreements

with the TCEQ or other local governments. In addition, a city or town may enact and enforce

ordinances for the control and abatement of air pollution not inconsistent with the provisions of

the TCAA or the rules or orders ofthe commission.

Subchapters F, G, and H of the TCAA authorize the TCEQ to establish low emission vehicle

requirements for mass transit authorities, local government fleets, and private fleets; create a

mobile emissions reduction credit program; establish vehicle inspection and maintenance

programs in certain areas of the state, consistent with the requirements of the federal Clean Air

1
Act; establish gasoline volatility and low emission diesel standards; and fund and authorize

participating counties to implement low-income vehicle repair assistance, retrofit and accelerated

vehicle retirement programs.

B. Applicable Law

The following statutes and rules provide necessary authority to adopt and implement the SIP.

The rules listed below have previously been submitted as part ofthe SIP.

Statutes

TEXAS HEALTH & SAFETY CODE, Chapter 382

TEXAS WATER CODE

All sections of each subchapter are included, unless otherwise noted.

September 1, 2005

September 1, 2005

Chapter 5: Texas Natural Resource Conservation Commission

Subchapter A: General Provisions

Subchapter B: Organization ofthe Texas Natural Resource Conservation Commission

Subchapter C: Texas Natural Resource Conservation Commission

Subchapter D: General Powers and Duties ofthe Commission

Subchapter E: Administrative Provisions for Commission

Subchapter F: Executive Director (except §§ 5.225,5.226,5.227,5.2275,5.232, and 5.236)

Subchapter H: Delegation ofHearings

Subchapter I: Judicial Review

Subchapter J: Consolidated Permit Processing

Subchapter L: Emergency and Temporary Orders (§§ 5.514,5.5145 and 5.515 only)

Chapter 7: Enforcement

Subchapter A: General Provisions (§§ 7.001, 7.002, 7.0025, 7.004, 7.005 only)

Subchapter B: Corrective Action and Injunctive Relief(§ 7.032 only)

Subchapter C: Administrative Penalties

Subchapter E Criminal Offenses and Penalties: §§ 7.177, 7.179-7.181

Rules

All of the following rules are found in Title 30, Texas Administrative Code, as of the following

effective dates:

Chapter 7, Memoranda ofUnderstanding, §§ 7.110 and 7.119

Chapter 35, Subchapters A-C, K: Emergency and Temporary

Orders and Permits; Temporary Suspension or Amendment of

Permit Conditions

Chapter 39, Public Notice, §§ 39.201; 39.401; 39.403(a) and

(b)(8)-(10); 39.405(f)(1) and (g);39.409; 39.411 (a), (b)(1)-(6)

and (8)-(10) and (c)(1)-(6) and (d); 39.413(9), (11), (12) and (14);

39.418(a) and (b)(3) and (4); 39.419(a), (b),(d) and (e);

39.420(a), (b) and (c)(3) and (4); 39.423 (a) and (b); 39.601;

39.602; 39.603; 39.604; and 39.605

Chapter 55, Request for Contested Case Hearings; Public

11

May 2,2002

December 10, 1998

August 15,2002

August 29, 2002
Comment, §§ 55.1; 55.21(a) - (d), (e)(2), (3) and (12), (f) and (g);

55.101(a), (b), (c)(6) - (8); 55.103; 55.150; 5.5.152(a)(1), (2) and

(6) and (b); 55.154; 55.156; 55.200; 55.201(a) - (h); 55.203;

55.205; 55.206; 55.209 and 55.211

Chapter 101: General Air Quality Rules June 23, 2005

Chapter 106: Permits by Rule, Subchapter A June 30, 2004

Chapter 111: Control of Air Pollution from Visible Emissions November 18, 2004

and Particulate Matter

Chapter 112: Control of Air Pollution from Sulfur Compounds July 16, 1997

Chapter 113: Standards ofPerformance for Hazardous Air Pollutants June 15,2005

and for Designated Facilities and Pollutants

Chapter 114: Control ofAir Pollution from Motor Vehicles July 19,2007

Chapter 115: Control ofAir Pollution from Volatile Organic Compounds March 15,2007

Chapter 116: Permits for New Construction or Modification June 15,2005

Chapter 117: Control of Air Pollution from Nitrogen Compounds June 14, 2007

Chapter 118: Control ofAir Pollution Episodes March 5, 2000

Chapter 122, § 122.122: Potential to Emit December 11,2002

Chapter 122, § 122.215: Minor Permit Revisions June 3, 2001

Chapter 122, § 122.216: Applications for Minor Permit Revisions June 3, 2001

Chapter 122, § 122.217: Procedures for Minor Permit Revisions December 11, 2002

Chapter 122, § 122.218: Minor Permit Revision Procedures for Pennit Revisions June 3, 2001

Involving the Use ofEconomic Incentives, Marketable Permits, and Emissions Trading

111
LIST OF ACRONYMS -

BPA - Beaumont-Port Arthur

CAIR - Clean Air Interstate Rule

CARE - Clean Air Responsibility Enterprise

CFR - Code of Federal Regulations

CO - Carbon Monoxide

DFW - Dallas-Fort Worth

EAC - Early Action Compact

EGF - Electric Generating Facility

EGU - Electric Generating Units

EPA - United States Environmental Protection Agency

FAR - Flexible Attainment Region

FCAA - Federal Clean Air Act

FIP - Federal Implementation Plan

FR - Federal Register

HECT - HRVOC Emission Cap and Trade

HGB - Houston-Galveston-Brazoria

HRVOC - Highly Reactive Volatile Organic Compound

lOP - Increment of Progress

Lb-Pound

LDAR - Leak Detection and Repair

MECT - Mass Emission Cap and Trade

MMBtu - Million British Thermal Unit

MVEB - Motor Vehicle Emissions Budget

MWe - Megawatt Electrical

MWh - Megawatt Hour

MOA - Memorandum ofAgreement

NAAQS - National Ambient Air Quality Standards

NCTCOG - North Central Texas Council of Governments

NEGU - Non-Electric Generating Facilities

NLEV - National Low Emission Vehicle

NO" - Nitrogen Oxides or Oxides of Nitrogen

NSR - New Source Review

0 3 - Ozone

PAL - Flexible Plant-wide Applicability Limit Permit

PM - Particulate Matter

PMIO - Particulate Matter 10 microns and less

PMz.5 - Particulate Matter 2.5 microns and less

PSD - Prevention of Significant Deterioration

PUC - Public Utility Commission ofTexas

RACM - Reasonable Available Control Measure

RACT - Reasonable Available Control Technology

ROP - Rate of Progress

SB - Senate Bill

SIP - State Implementation Plan

SOz - Sulfur Dioxide

TAC -Texas Administrative Code

TACB - Texas Air Control Board

TCAA - Texas Clean Air Act

TCEQ - Texas Commission on Environmental Quality (commission)

iv
TCM - Transportation Control Measure

TPD - Tons per Day

TPOD - Tons per Ozone Day

TERM - Transportation Emission Reduction Measure

TERP - Texas Emission Reduction Plan

TexAQS - Texas Air Quality Study

TNRCC - Texas Natural Resource Conservation Commission

TPY - Tons per Year

TxLED - Texas Low Emission Diesel

VMEP - Voluntary Mobile Source Emission Reduction Program

VOC - Volatile Organic Compound

WoE - Weight ofEvidence

v
REVISIONS TO THE STATE IMPLEMENTATION PLAN (SIP)

CONCERNING OZONE (03) AND

FINE PARTICIUTLATE MATTER (PM 2.5)

TRANSPORT EMISSIONS

TABLE OF CONTENTS

Chapter 1: GENERAL

1.1 Background

1.2 Introduction

1.3 Health Effects

1.4 Public Hearing Information

1.5 Social and Economic Considerations

1.6 Fiscal and Manpower Resources

1.7 Coordination with Local Agencies

1.8 Organization Responsible for Development, Implementation, and Enforcement

1.9 Data Availability

Chapter 2: REQUIRED CONTROL STRATEGY ELEMENTS

2.1 Background

2.2 Control Strategy Overview

2.2.1 Significant Contribution and Interfere Maintenance Elements

2.2.1.1 - Utility Electric Generation in Ozone Nonattainment Areas

Emission Specifications for Attainment Demonstrations

2.2.1.2. - Utility Electric Generation in East and Central Texas Emission

Specifications .

2.2.1.3 - Senate Bill 7 (76th Texas Legislature)

2.2.1.4 - Houston-Galveston-Brazoria Mass Emission Cap and Trade

(MECT)

2.2.1.5 - Summary ofEmission Reductions Related to Electric

Generating Unit Strategies

2.2.2. Eight-Hour Ozone State Implementation Plan (SIP) Revisions

2.2.2.1 - Houston-Galveston-Brazoria Eight-Hour Ozone SIP Revision

2.2.2.2 - Dallas-Fort Worth Eight-Hour Ozone SIP Revision

2.2.2.3 - Beaumont-Port Arthur Eight-Hour Ozone SIP Revisions

2.2.2.4 - Austin-Round Rock Eight-Hour Ozone Early Action Compact

SIP Revision

2.2.2.5 - Northeast Texas Eight-Hour Ozone Early Action Compact SIP

Revision

VI
2.2.2.6 - San Antonio Area Eight-Hour Ozone Early Action Compact

SIP Revision

2.2.2.7 - Corpus Christi Eight-Hour Ozone Flex Plan

2.2.2.8 - Victoria Eight-Hour Ozone Maintenance Plan

2.2.2.9 - EI Paso Eight-Hour Ozone Maintenance Plan

2.2.3 One-Hour Ozone State Implementation Plan (SIP)Revisions

2.2.3.1 - Houston-Galveston-Brazoria One-Hour Ozone Attainment SIP

Revisions

2.2.3.2 - Dallas-Fort Worth One-Hour Ozone Attainment SIP Revisions

2.2.3.3 - Beaumont-Port Arthur One-Hour Ozone Attainment SIP

Revisions

2.2.3.4 - Northeast Texas Flexible Attainment Region (FAR) One-Hour

Ozone SIP Revisions

2.2.3.5 - Regional One-Hour Ozone SIP Revi~ion

2.2.3.6 - One-Hour Ozone Flexible Agreements

2.2.3.6.1 - Austin-San Marcos Metropolitan Statistical Area

One-Hour Ozone Flex Plan

2.2.3.6.2 - Corpus Christi One-Hour Ozone Flex Plan

2.2.4 General State Implementation Plan (SIP) Revision Information

2.2.5 Prevention of Significant Deterioration (PSD) and Nonattainment New

Source Review (NSR) Elements

2.2.5.1 Eight-Hour Ozone

2.2.5.2 Fine Particulate Matter (PM2.5)

2.2.5.3 Emission Credits

2.2.6 Protection ofVisibility Elements

Chapter 3: FUTURE ATTAINMENT PLANS

Vll
Appendix

A

B

C

LIST OF APPENDICES

Appendix Name

Maps ofDistances from Texas Eight-Hour Ozone Nonattainment Areas to

the Four Nearest Nonattainment Areas in Adjacent States

Major Point Source NOx Rules and Reductions Promulgated in Texas

Since 2000

Texas Electric Generating Utility NOx Control Strategies Compared to the

Clean Air Interstate Rule (CAIR)

YIll
Number

2-1

LIST OF TABLE

Table Name

Distances from Texas Eight-Hour Ozone Nonartainment Areas to the Four

Nearest-Nonattainment Areas in Adjacent States

IX
CHAPTER 1: GENERAL

1.1 BACKGROUND

"The History of the Texas State Implementation Plan (SIP)," a comprehensive overview of the

SIP revisions submitted to the EPA by the State ofTexas, is available at the following web site:

http://www.tceq.state.tx.us/implementationlair/sip/sipplans.html .

1.2 INTRODUCTION

This revision to the SIP for the transport of ozone and fine particulate matter of 2.5 microns and

less (PM2.5) sets forth how the Texas Commission on Environmental Quality (TCEQ) will meet

the requirements of Section llO(a)(2)(D)(i) that requires states to submit a SIP that contains

adequate provisions that prohibit any source or other type of emissions activity within the state

from emitting any air pollutants in amounts that will:

• contribute significantly to nonattainment of the National Ambient Air Quality Standards

(NAAQS) for areas in other states;

• interfere with maintenance ofthe NAAQS by any other state;

• interfere with measures required to meet an implementation plan for any other state

related to Prevention of Significant Deterioration (PSD); and

• interfere with measures required to meet the implementation plan for any other state

related to regional haze and visibility.

On July 18, 1997, the United States Environmental Protection Agency (EPA) promulgated a

revised NAAQS for ozone and a revised NAAQS for particulate matter (PM). For ozone, the

EPA replaced the one-hour standard with an eight-hour standard. The EPA also added a new 24-

hour standard and a new annual standard for PM2.5. The Federal Clean Air Act (FCAA), section

110(a)(1) requires states to submit SIPs within three years after the promulgation of new or

revised NAAQS that meet the requirements of FCAA, §110(a)(2), including FCAA,

§110(a)(2)(D)(i), relating to interstate transport of pollution.

On April 25, 2005, the EPA published a fmding of failure to submit SIPs relating to interstate

transport in the Federal Register (Volume 70, Number 78), which started a two-year clock for the

promulgation of a Federal Implementation Plan (FIP). The finding of failure to submit identified

Texas as a state that had not properly addressed interstate tran.sport in its SIP.

The EPA's "SIP Guidance on Section 11O(a)(2)(D)(i) Findings of Failure to Submit" dated

August 11, 2006, notes that states participating in the Clean Air Interstate Rule (CAIR.) will

satisfy the transport SIP requirements for ozone and PM2.5 by submitting a CAIR SIP or by

relying on the CAIR. Federal Implementation Plan (FIP) to demonstrate that emissions from

Texas do not interfere with attainment in another state. Texas is participating in the federal CAIR.

program for PM2.

5 and thus EPA's guidance is considered as having addressed annual sulfur

dioxide (SOz) and nitrogen oxides (NOx) transport for PMz.5. Therefore, Texas' PMz.5 transport

SIP obligation has been partially fulfilled by the submission of the CAIR SIP to the EPA on

August 3, 2006. In order to completely fulfill obligations related to interstate transport of ozone

and PM2.5, this SIP revision includes verification that the Prevention of Significant Deterioration

1-1
PSD) and Nonattainment New Source Review (NSR) permitting programs and the Protection of

Visibility requirements are being implemented in Texas.

Texas is not covered under the CAIR program for eight-hour ozone. However, in addition to the

annual NOx reductions from the CAIR program, in 1999 the state implemented a strategy in the

eastern part of Texas to reduce NOx emissions from electric generating units (EGU). The CAIR

strategy, along with other NOx reducing programs from Texas Eight-Hour Ozone SIP revisions,

Early Action Compact (EAC) SIP revisions, an Eight-Hour Ozone Flex Program, Eight-Hour

Maintenance Plans, and One-Hour Ozone SIP revisions are described under Section 2.2, "Control

Strategy Overview." The combination of these NOx reduction programs fulfills the state's

obligation for an ozone transport SIP. The control strategies include:

• Utility Electric Generation in Ozone Nonattainment Areas Emission Specifications for

Attainment Demonstrations;

• Utility Electric Generation in East and Central Texas Emission Specifications;

• Texas-specific legislation from the 2001 76th session in Senate Bill 7 (SB 7) that

requires a regional NOx cap and trade program;

• Houston-Galveston-Brazoria nonattainment area Mass Emissions Cap and Trade

(MECT) program;

• Eight-Hour Ozone State Implementation Plan Revisions for the Houston-GalvestonBrazoria, Dallas-Fort Worth, and Beaumont-Port Arthur areas;

• Eight-Hour Ozone Early Action Compact State Implementation Plan Revisions for

Austin-Round Rock, Northeast Texas, and the San Antonio areas;

• Eight-Hour Ozone Flex Program in the Corpus Christi area;

• Eight-Hour Ozone Maintenance Plans for Victoria and El Paso;

• One-Hour Ozone State Implementation Plan Revisions for Houston-GalvestonBrazoria, Dallas-Fort Worth, ,Beaumont-Port Arthur, Northeast Texas and Regional;

• One-Hour Ozone Flex Plans for Austin and Corpus Christi;

• One-Hour Ozone Northeast Texas Flexible Attainment Region State Implementation

Plan Revision; and the

• One-Hour Ozone Regional State Implementation Plan Revision.

Current Revision

This SIP revision contains several elements that provide information on how Texas is:

• not contributing significantly to nonattainment of the ozone and PM2.

5 NAAQS for

areas in other states;

• not interfering with the maintenance of the ozone and PM2.

5 NAAQS in any other

state;

1-2
• not interfering with measures required to meet an implementation plan for any other

state related to PSD; and

• not interfering with measures required to meet the implementation plan for any other

state related to regional haze and visibility.

1.3 HEALTH EFFECTS

In 1997, the EPA revised the NAAQS for ozone from a one-hour to an eight-hour standard based

on scientific data that indicated that the eight-hour standard provides better protection of public

health from longer-term exposures to moderate levels of ozone. To support the eight-hour ozone

standard, the EPA provided information that indicated that even low levels of ozone can decrease

lung capacity temporarily in some healthy adults and cause inflammation of lung tissue,

aggravate asthma, and make people more susceptible to respiratory illnesses such as bronchitis

and pneumonia.

Children are at a higher risk from exposure to ozone, since they breathe more air per pound of

body weight than adults and because children's respiratory systems are still developing. Children

also spend a considerable amount of time outdoors during summer and during the start of the

school year (August-October) when the highest ozone levels are recorded. Adults most at risk to

ozone exposure are outdoor workers, people exercising outside, and individuals with preexisting

respiratory diseases.

Also in 1997, the EPA revised the NAAQS for particulate matter (PM). Fine particles and

precursor pollutants are emitted by a wide range of sources, including power plants,cars, trucks,

industrial sources, and other burning or combustion-related activities. EPA has noted the

following health effects associated with PM2.

s exposure: premature death, aggravation of heart

and lung disease, and asthma attacks. Older adults, people with heart and lung disease, and

children are particularly sensitive to PM2.s.

d I f

1.4 PUBLIC HEARING INFORMATION

The commISSIon WI'11 h0 ld a pubI"IC h t eann a e th fi0 11OWIng hmes an oca IOns:

CITY DATE TIME LOCATION

Austin December 11, 2007 10:00 a.m. Texas Commission on Environmental Quality

12100 North 1-35

Building B, Room 201A

The public comment period will open on November 23,2007, and close on January 7,2008.

Written comments will be accepted via mail, fax, or through the e-comment system. All

comments should reference ''the Transport SIP revision" and Project Number 2007-057-SIP-NR.

Comments may be submitted to Kim Herndon, MC 206, State Implementation Plan Team, Chief

Engineer's Office, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas

78711-3087 or faxed to (512) 239-5687. Electronic comments may be submitted at

http://www5.tceq.state.tx.us/rules/ecomments. Comments must be received by January 7,2008,

at 5:00 p.m. The comment period will be 45-d.ays long.

1-3
Copies ofthe adopted SIP revision and its appendix can be obtained from the TCEQ's web site at

http://www.tceq.state.tx.us/implementation/air/sip/sipplans.html or upon request to:

Texas Commission on Environmental Quality

Air Quality Division

P. O. Box 13087

Mail Code 206

Austin, Texas 78711-3087

Re: Ozone and PM2.5 Transport SIP Information

1.S SOCIAL AND ECONOMIC CONSIDERATIONS

For a detailed explanation ofthe social and economic issues involved with any ofthe measures in

this SIP submission, please refer to the preambles that precede each adopted rule package of the

following referenced rules in previously adopted SIPs and rules for the measure specified in the

SIP.

• Utility Electric Generation in Ozone Nonattainment Areas Emission Specifications for

Attainment Demonstrations, Houston-Galveston-Brazoria, Dallas-Fort Worth and

Beaumont-Port Arthur, areas can be found in 30 Texas Administrative Code (TAC)

Chapter 117, Subchapter B, Division 2;

• Utility Electric Generation in East and Central Texas can be found in 30 TAC Chapter

117, Subchapter B, Division 2;

• Senate Bill 7 Regional NOx Cap can be found in TAC Chapter 101, Subchapter H,

Division 2;

• Mass Emission Cap and Trade can be found in 30 TAC Chapter 101, Subchapter H,

Division 3;

• Eight-Hour Ozone State Implementation Plan Revisions for the Houston-GalvestonBrazoria, Dallas-Fort Worth, anq Beaumont-Port Arthur areas;

• Eight-Hour Ozone Early Action Compact State Implementation Plan Revisions for

Austin-Round Rock, Northeast Texas, and the San Antonio areas;

• Eight-Hour Ozone Flex Program in the Corpus Christi area;

• Eight-Hour Ozone Maintenance Plan in the Victoria area;

• One-Hour Ozone State Implementation Plan Revisions for Houston-GalvestonBrazoria, Dallas-Forth Worth, Beaumont-Port Arthur, and Regional;

• One-Hour Ozone Flex Programs for Austin-Round Rock area and the Corpus Christi

area;

• One-Hour Ozone Northeast Texas Flexible Attainment Region; and the

• One-Hour Ozone Regional State Implementation Plan Revision.

1-4
Specific information regarding social and economic considerations for these SIP revisions, EACs

and the ozone flex programs can be found within these packages. These documents can be found

at: http://www.tceq.state.tx.us/implementation/air/sip/sipplans.html

1.6 FISCAL AND MANPOWER RESOURCES

The TCEQ has determined that its fiscal and manpower resources are adequate and will not be

adversely affected through the implementation of this plan. Specific information regarding the

TCEQ budget is available upon request.

1.7 COORDINATION WITH LOCAL AGENCIES

The TCEQ has determined that there will be no assignment to local agencies. However, preexisting assignments to local agencies regarding various enforcement activities remain in effect

and could be utilized if enforcement activities are delegated to the TCEQ from the EPA.

1.8 ORGANIZATIONS RESPONSffiLE FOR DEVELOPMENT, IMPLEMENTATION

AND ENFORCEMENT

The TCEQ is the agency delegated authority by the Texas Legislature regarding the protection of

air quality in the State of Texas. Other local government entities also have limited authority

regarding air quality matters in the State ofTexas.

1.9 DATA AVAILABILITY

The TCEQ affirms that it will retain all data used in the preparation ofthis SIP revision. All

supporting documentation and data are available from the TCEQ upon request or are publicly

available via the TCEQ website at:

http://www.tceq.state.tx.us/implementation/air/sip/sipplans.html.

Additional information may be subject to confidentiality restrictions, if applicable.

1-5
CHAPTER2: REQumEDCONTROLSTRATEGYELEMENTS

2.1 BACKGROUND

Texas is not covered under the Clean Air Interstate Rule (CAIR) program for eight-hour ozone.

However, in addition to the annual nitrogen oxides (NOx) reductions from the CAIR program, in

1999 the state implemented a strategy in the eastern part ofTexas to reduce NOx emissions from

electric generating units (EGU). The CArR strategy, along with other NOx reducing programs

from Texas Eight-Hour Ozone SIP revisions, Early Action Compact (EAC) SIP revisions, an

Eight-Hour Ozone Flex Program, Eight-Hour Maintenance Plans, One-Hour Ozone SIP revisions,

and One-Hour Ozone maintenance plans are described under Sections 2.2.1 thru 2.2.3 in this

chapter. The combination of these NOx reduction programs fulfills the state's obligation for an

ozone transport SIP. The control strategies specific to electric generating units (EGU) include:

•

•

•

•

Utility Electric Generation in Ozone Nonattainment Areas Emission

Specifications for Attainment Demonstrations;

Utility Electric Generation in East and Central Texas Emission

Specifications;

Texas-specific legislation from the 2001 76th session in Senate Bill 7 (SB 7)

that requires a regional NOx cap and trade program; and

Mass Emissions Cap and Trade (MECT) program in the Houston-GalvestonBrazoria nonattainment area;

In addition to EGU control strategies specific for NOx controls in Eastern Texas, Texas has eighthour ozone state implementation plan (SIP) revisions in place for the Houston-GalvestonBrazoria (HGB) Area, the Dallas-Fort Worth (DFW) Area, and the Beaumont-Port Arthur (BPA)

Area, as well as maintenance plans for Victoria and El Paso. The state also has Early Action

Compact SIP revisions for Eight-Hour Ozone in place for the Austin-Round Rock Area, the

Northeast Texas Area, and the San Antonio Area. An Eight-Hour Ozone Flex Program is in place

for Corpus Christi, as well as Eight-Hour Ozone Maintenance Plans for Victoria and El Paso.

One-Hour Ozone SIP revisions were developed for HGB, DFW, BPA, Northeast Texas, and a

Regional Strategy, as well as One-Hour Ozone Flexible Agreements for the Austin-San Marcos

Metropolitan Statistical Area and Corpus Christi. For PM2.5, Texas is included in the federal

CArR, and has submitted a CAIR SIP to the U.S. Environmental Protection Agency (EPA).

2.2 CONTROL STRATEGY OVERVIEW

The EPA's guidance for interstate transport SIPs requires states to submit a SIP that contains

adequate provisions that prohibit any source or other type of emissions activity within the state

from emitting any air pollutants in amounts that will:

(1) contribute significantly to nonattainment of the National Ambient Air Quality

Standards (NAAQS) for areas in other states;

(2) interfere with maintenance ofthe NAAQS in any other state;

(3) interfere with measures required to meet an implementation plan for any other state

related to Prevention of Significant Deterioration (PSD); and

2-1
(4) interfere with measures required to meet the implementation plan for any other state

related to regional haze and visibility.

2.2.1 Significant Contributions and Interfere with Maintenance Elements

Texas is making a section 110(a)(2)(D)(i) SIP submission to address significant contribution to

nonattainment and interference with maintenance of the eight-hour ozone standard in another state,

because Texas is not covered by CAIR for eight-hour ozone. The commission concurs with the

EPA's CAIR modeling EPA document, "Technical Support Document for the Final Clean Air

Interstate Rule - Air Quality Modeling, March 2005," which states modeling for all four of the

nearest non-Texas nonattainment cities (Denver, Memphis-West Memphis, St. Louis, and Baton

Rouge) will be attaining the eight-hour ozone standard in 2010 after CAIR emissions reductions

have been made. Therefore, all four of the nearest nonattainment cities will be attaining the eighthour ozone standard in 2010 after CAIR is fully implemented. In addition to implementing CAIR

for PM2.5, Texas has implemented requirements for emission reductions from electric generating

units (EGU), which provides assurances that emissions from Texas will not significantly contribute

to nonattainment or interfere with maintenance of the NAAQS in another state. Table 2-1,

Distancesfrom Texas Eight-Hour Ozone Nonattainment Areas to the Four Nearest-Nonattainment

Areas in Adjacent States, provides a listing of the mileage from the center of the nonattainment

areas in Texas and the nearest outer boundary of the nonattainment areas in Texas to Denver,

Memphis-West Memphis, St. Louis, and Baton Rouge. Appendix A provides maps of these

locations.

Table 2-1 Distances from Texas Eight-Hour Ozone Nonattainment Areas to the Four Nearest-

}Iionattaznment . Areas zn. Ad'ljacent States

City Distance from City to City in Distance from Nonattainment

Miles Area to City in Miles

Dallas Houston Beaumont DFW HGB BPA

Denver 663 878 907 605 815 862

St. Louis 550 680 630 501 617 603

West Memphis 413 478 416 371 416 392

Memphis 422 481 423 378 423 394

Baton Rouge 369 255 178 320 194 152

The following information provides additional support to the EPA's modeling that Texas does not

significantly contribute to nonattainment or interfere with maintenance ofthe NAAQS in another

state. The additional supporting information focuses specifically on ozone specific EGU

strategies that correspond with EPA's CAIR ozone program, Additional information is provided

regarding other eight-hour ozone strategies in Ozone SIP revisions, EAC SIP revisions, the

Ozone Flex Program in Corpus Christi and Ozone Maintenance Plans. Additional information

regarding one-hour ozone strategies has also been provided regarding One-Hour Ozone SIP

revisions and One-Hour Ozone Flexible Agreements.

2.2.1.1 Utility Electric Generation in Ozone Nonattainment Areas Emission Specifications for

Attainment Demonstrations

The regulatory provisions relating to the Utility Electric Generation in Ozone Nonattainment

Areas Emission Specifications for Attainment Demonstrations require different specifications for

each nonattainment area in Texas. These provisions apply to each electric generating facility that

generates electric energy for compensation, or are owned or operated by a municipality or Public

Utility Commission of Texas (PUC) regulated utility or any of its successors, regardless of

2-2
whether the successor is a municipality or is regulated by the PUC. The compliance date for

these provisions was May 1,2005.

Specific provisions in place for the specified nonattainment areas in Texas: the HGB area, the

DFW area, and the BPA area are described below:

-Houston-Ga1veston-Brazoria. The owner or operator of each utility boiler, auxiliary

steam boiler, or stationary gas turbine located in the HGB eight-hour ozone

nonattainment area must ensure that NOx emissions do not exceed the lower of any

applicable permit limit in a permit issued on or after January 2, 2001, for which the

owner or operator submitted an application determined to be administratively complete

by the executive director before January 2, 2001, any limit in a permit by rule under

which construction commenced by January 2,2001; or the following rates, in pounds per

million British thermal units (lblMMBtu) heat input, on the basis of daily and 30-day

averaging periods specified in 30 Texas Administrative Code (TAC) 117.108 and as

specified in the Mass Emissions Cap and Trade (MECT) program in 30 TAC Chapter

101. NOx rates used to determine the daily and 30-day averaging caps for utility boilers

include a range of: gas-fired 0.030 lblMMBtu; coal-fired and oil-fired 0.050 lblMMBtu

for wall-fired and 0.045 lblMMBtu for tangential-fired; auxiliary steam boilers 0.030

lb/MMBtu; and stationary gas turbines 0.032 lblMMBtu (including duct burners used in

turbine exhaust ducts).

-Dallas-Fort Worth. The owner or operator of each utility boiler located in the DFW

eight-hour ozone nonattainment area must ensure that emissions of NOx do not exceed

0.033 lblMMBtu heat input from boilers that are part of a large DFW system, and 0.06

lb/MMBtu heat input from boilers that are part of a small DFW system, on a daily

average or through the provisions of a limited system cap.

-Beaumont-Port Arthur. The owner or operator of each utility boiler located in the BPA

eight-hour ozone nonattainment area must ensure that NOx emissions do not exceed 0.10

lblMMBtu heat input on a daily average except as provided by the system cap or the use

of emissions credits for compliance.

The above rule affecting the HGB, DFW and BPA areas can be found in 30 TAC Chapter 117,

Subchapter B, Division 2. The rule was published in the Texas Register on June 21, 2002, and

the public comment period ended on July 22, 2002. The adopted rule package was published in

the Texas Register on January 3, 2003. The effective date of the rule package was January 17,

2003.

2.2.1.2 Utility Electric Generation in East and Central Texas Emission Specifications

The provisions relating to the Utility Electric Generation in East and Central Texas apply to each

utility electric power boiler and stationary gas turbine, including duct burners used in turbine

exhaust ducts, that: generate electric energy for compensation; are owned by an electric

cooperative, independent power producer, municipality, river authority, or public utility; and are

located in Atascosa, Bastrop, Bexar, Brazos, Calhoun, Cherokee, Fannin, Fayette, Freestone,

Goliad, Gregg, Grimes, Harrison, Henderson, Hood, Hunt, Lamar, Limestone, Marion,

McLennen, Milam, Morris, Nueces, Parker, Red River, Robertson, Rusk, Titus, Travis, Victoria,

or Wharton County. Utility electric power boilers and stationary gas turbines (including duct

burners used in turbine exhaust ducts) must ensure that electric power boilers' NOx emissions do

not exceed specific rates in lblMMBtu. The rates are 0.14 lblMMBtu for gas-fired units and

0.165 lblMMBtu for coal-fired units based on heat input on an annual (calendar year) average.

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The compliance date for these requirements was May 1, 2005. This rule, 30 TAC Chapter 117,

Subchapter B, Division 2, was published in the Texas Register on June 21, 2002, and the public

comment period ended on July 22, 2002. The adopted rule package was published in the Texas

Register on January 3,2003. The effective date ofthe rule package was January 17,2003.

2.2.1.3 Senate Bill 7 (76th Texas Legislature)

Senate Bill (SB) 7, 76th Texas Legislature session, requires a cap and trade program for

previously grandfathered, or un-permitted, electric generating facilities and other electric

generating facilities that choose to participate in the cap and trade program. The NOx allowances

were determined using a NOx rate ofO.141b NOx /MMbtu for grandfathered facilities in the East

Texas region and a rate ofO.1951b NO:x/MMbtu for the grandfathered facilities in the West Texas

and El Paso region.

The fIrst control period for this program began on May 1, 2003. The last revision on this rule

package, 30 TAC Chapter 101, Subchapter H, Division 2, was published in the Texas Register on

September 10, 1999, and the public comment period ended on October 11, 1999. The adopted

rule package was published in the Texas Register on January 7, 2000. The effective date of the

rule package was January 11,2000.

2.2.1.4 Houston-Galveston-Brazoria Mass Emission Cap and Trade (MECT)

The MECT program applies to all facilities that emit NOx in the HGB ozone nonattainment area

and are subject to the emission specifications under Utility Electric Generation in Ozone

Nonattainment Areas mentioned previously plus industrial, commercial, and institutional

combustion sources. Units covered include: industrial, commercial, or institutional boilers and

process heaters; stationary gas turbines; stationary internal combustion engines; fluid catalytic

cracking units (including carbon monoxide (CO) boilers, CO furnaces, and catalyst regenerator

vents); boilers and industrial furnaces which were regulated as existing facilities by the EPA

under 40 Code of Federal Regulations Part 266, Subpart H (as was in effect on June 9, 1993);

duct burners used in turbine exhaust ducts; pulping liquor recovery furnaces; lime kilns;

lightweight aggregate kilns; heat treating furnaces and reheat furnaces; magnesium chloride

fluidized bed dryers; and incinerators.

The first control period for the MECT program began on January 1, 2002. The last proposal to

revise this rule, 30 TAC Chapter 101, Sub9hapter H, Division 3, was published in the Texas

Register on June 25, 2004, and the public comment period ended on July 26, 2004. The adopted

rule package was published in the Texas Register on November 26, 2004. The effective date of

the rule package was December 2, 2004.

2.2.1.5 Summary of Emission Reduction Strategies in Texas Related to Electric Generating Unit

Strategies

The combined EGU-specific strategies listed above have reduced NOx by an estimated 598 tons

per day (218,270 tons per year) from 2000 through 2005. Modeling indicates that an additional

two tons per day of NOx will be reduced from EGUs by 2009, for a total of 600 tons per day

(219,000 tons per year).

In addition, the HGB MECT program for non-electric generating facilities (NEGU) has reduced

NOx emissions an additional 105 tons per day (38,325 tons per year) from 2000 through 2004,

with an additional 76 tons per day (27,740 tons per year) reduction expected for 2009. Similarly

the NEGU NOx reductions expected between 2000 and 2009 for the other two nonattainment

areas in East Texas, DFW and BPA, total an additional 49 tons per day (17,885 tons per year).

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This brings the total NOx reductions expected by the rules identified in Section 2.2.1.1 through

2.2.1.4 to 831 tons per day (303,315 tons per year) between 2000 and 2009.

The NOx emissions from point sources inventoried and modeled for 2000 for the entire state of

Texas,· not just those areas addressed in Section 2.2.1.1 thru 2.2.1.4 were approximately 2,482

tons per day. By 2005, Texas had made 30 percent reduction (see the 733 ton per day total in

Appendix B) since 2000 in total NOx from the rules cited in Sections 2.2.1.1 thru 2.2.1.4. These

are actual emissions reductions, not projected reductions. A summary of the above strategies and

the methodology used to calculate the emission reductions is provided in Appendix B.

2.2.2 Eight-Bour Ozone State Implementation Plan (SIP) Revisions

Sections 2.2.2.1 thru 2.2.2.9 provides an overview ofsome ofthe eight-hour ozone SIP revisions

that Texas has submitted to EPA.

2.2.2.1 Houston-Galveston-Brazoria Eight-Hour Ozone SIP Revision

The eight-county HGB metropolitan area was classified as a "moderate" ozone nonattainrnent

area by the EPA under the eight-hour ozone standard on April 15, 2004. The eight counties

include: Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller

Counties. The governor of Texas requested a reclassification to severe in June 2007. The EPA

notified the TCEQ in July 2007 that they will begin the process ofreclassification from moderate

to severe in response to Governor Perry's request. The challenges to attain the eight-hour ozone

standard are great because the HGB area is one ofthe most comprehensively controlled industrial

complexes in the world; the area has unique and complex ozone formation chemistry and

meteorology; the magnitude of reductions needed is significant; and the TCEQ lacks regulatory

authority to set emission standards for on-road and non-road mobile sources. The commission

adopted the current HGB SIP revision on May 23, 2007.

The HGB SIP revision documents the substantial progress toward attainment made under the onehour ozone NAAQS despite rapid economic and population growth in the area. This SIP revision

also documents steps toward attainment ofthe eight-hour ozone standard. This SIP revision is the

first step in addressing the eight-hour ozone standard in the HGB area and represents the TCEQ's

best effort considering the time constraints for planning for attainment of the eight-hour ozone

standard due to the delay of issuance of the EPA's implementation rules. This SIP revision

includes revisions to rules in 30 TAC Chapter 114, related to the Texas Low Emission Diesel

Rule (TxLED) for Certain Marine Fuels, 30 TAC Chapter 115, Division I, related to the Control

of Volatile Organic Compounds (VOC) Emissions from Storage and Degassing Operations in the

HGB area, and 30 TAC Chapter 117, related to the Water Heater Rule. The revision also

includes local Voluntary Mobile Emission Reduction (VMEP) commitments. The TCEQ is

committed to continuing progress toward attaining the standard and will work with the EPA to set

submission dates for new obligations and interim progress in reducing emissions. The HGB SIP

revision attainment demonstration will include an expeditiously as practicable attainment date (no

later than June 15, 2019). Additional information regarding the specifics of these control

strategies in the HGB Eight-Hour Ozone SIP revision can be found at:

http://www.tceq.state.tx.us/implementation/air/siplhgb.html#8hour

2.2.2.2 Dallas-Fort Worth Eight-Hour Ozone SIP Revision

The nine-county DFW metropolitan area was designated a "moderate" ozone nonattainment area

under the eight-hour ozone standard on April 15, 2004. The nine counties include: Collin,

Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties. The DFW

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Eight-Hour Ozone Attainment Demonstration SIP revision was adopted by the commission on

May 23,2007, and submitted to the EPA.

The DFW SIP revision demonstrates attainment of the eight-hour ozone standard using

photochemical modeling, including reductions from associated 30 TAC 117 rules and voluntary

mobile emission reductions, and using weight-of-evidence (WoE), including corroborative

analysis and additional control measures not explicitly accounted for in the photochemical

modeling. The 30 TAC 117 rules will reduce nitrogen oxides (NOx) emissions from the

following sources:

• Major Industrial, Commercial, and Institutional Sources;

• Minor Sources;

• Electric Generating Facilities (EGFs);

• Cement Kilns; and

• East Texas Combustion Sources

All ofthe rules apply to the nine-county DFW area except for the East Texas Combustion Rule,

which applies to 33 counties located in northeast Texas. Through the Voluntary Mobile

Emissions Reduction Program (VMEP) in the nine nonattainment counties, the North Central

Texas Council of Governments (NCTCOG) committed to reducing NOx emissions by March

2009. The NCTCOG also committed to implementing transportation control measures (TCMs) in

the nine nonattainment counties that will further reduce NOx emissions in 2009. Additional

information regarding the specifics of these control strategies in the DFW Eight-Hour Ozone

Attainment Demonstration SIP revision can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/dfw.html#EDl

2.2.2.3 Beaumont-Port Arthur Eight-Hour Ozone SIP Revisions

The BPA three-county nonattainment area was classified as a marginal eight-hour ozone

nonattainment area on April 15, 2004. The three nonattainment counties include: Hardin,

Jefferson, and Orange. On October 27, 2004, the commission adopted an attainment

demonstration for both the one-hour and the eight-hour ozone standard for the BPA area. The

attainment demonstration contained results of photochemical modeling and technical analyses in

support of the demonstration of attainment of the one-hour and the eight-hour ozone standards.

The submittal included the post-1996 motor vehicle emissions budget (MVEB). Additional

information regarding the specifics ofthe 2004 BPA SIP revision can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/oct2004bpa rop ad.html

On September 28, 2005, the commission adopted the BPA Eight-Hour Ozone Standard

Attainment Demonstration SIP revision and subsequently submitted it to the EPA. The SIP

revision included the adoption of an Eight-Hour Ozone Attainment Demonstration SIP revision

and revisions to Chapter 115 rules. The 2005 BPA SIP revisions addressed each ofthe remaining

requirements needed for an EPA-approvable SIP revision. These requirements included a

Reasonable Available Control Technology (RACT) demonstration with associated rulemaking.

The rulemaking for major-source applicability cutoffs for purposes of RACT included rules for

batch processing (30 TAC 115.167, relating to exemptions) and ship building and repair (30 TAC

115.427 (a)(3)(H), relating to exemptions) set an exemption level of 100 tons per year ofVOC,

based on all stationary sources included in an account. These rules were amended to lower the

exemption level to 50 tons per year with the BPA SIP revision. The SIP submission also contains

revision regarding the Clean Fuel Vehicle program and the three percent contingency requirement

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and an updated MVEB. Additional information regarding the specifics ofthese control strategies

in the 2005 BPA SIP revision can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/sept2005bpa.html

2.2.2.4 Austin-Round Rock Eight-Hour Ozone Early Action Compact SIP Revision

The Austin-Round Rock Early Action Compact (EAC) SIP revision was adopted by the

commission on November 17,2004. This compact was part ofthe strategy for the area including

Bastrop, Caldwell, Hays, Travis, and Williamson Counties to continue attainment with the eighthour ozone standard promulgated under the Federal Clean Act Amendment (FCAA) of 1990 (as

codified in 42 United States Code, 7401 et seq.) This SIP revision included emission reductions

needed to demonstrate attainment of the eight-hour ozone standard by 2007 and maintain it

through at least 2012. The SIP revision includes five rule revisions requested by the area:

Vehicle Inspection and Maintenance Program in Travis and Williamson Counties (30 TAC 114,

Subchapter C); opt-in rule prohibiting heavy-duty diesel vehicle idling in jurisdictions that sign

enforcement agreements with the TCEQ (30 TAC Chapter 114, Subchapter 1); lowering the Stage

1 Vapor Recovery exemption to 25,000 gallons/month throughput in the five-county area (30

TAC; Chapter 115, Subchapter C, Divisions 2); degreasing requirements in the five-county area

(30 TAC Chapter 115, Subchapter E, Division 1); and seasonal cutback asphalt restrictions in the

five-county area (30 TAC Chapter 115, Subchapter F, Division 1).

This SIP revision also included a commitment to reduce or a commitment to "pursue" or "look

into" additional NOx reductions through two additional programs. These programs include:

• Texas Emission Reduction Plan (TERP) - The Austin EAC Region obtained sufficient

grants to reduce NOx by two tons per day by 2007 from on- and non-road heavy duty

diesel equipment; and

• Power Plant Reductions - Austin Energy and the Lower Colorado River Authority

committed to annual NOx reductions at facilities. These power plants voluntarily

committed to reduce annual NOx emissions at their facilities in and near the region below

current state and federal mandates. These agreements were detailed and formalized in an

enforceable regulatory mechanism. They were effective on December 31, 2005.

Additional enforceable annual emission reductions from the University of Texas and

Fayette Power Project were implemented by December 31, 2006.

The Austin-Round Rock EAC SIP revision also committed to encouraging participation in the

Clean Air Partners Program and energy efficiency program as local initiatives. In addition to

these initiatives, the following voluntary activities were included in the EAC, but there emission

reductions were not calculated: Residential Electric Lawn Mower Exchange Program; Adopt-aSchool Bus Program; Tree Planting Guide; and the State Agency Voluntary Commute Reduction

Projects.

Additional information regarding the specifics of these control strategies in the Austin-Round

Rock Early Action Compact can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/sipplans.html#EAC

2.2.2.5 Northeast Texas Eight-Hour Ozone Early Action Compact SIP Revision

The Northeast Texas Early Action Compact (EAC) SIP revision was adopted on November 17,

2004. This compact was part of the strategy for the area including Gregg, Harrison, Rusk, Smith

and Upshur Counties to continue attainment with the eight-hour ozone standard promulgated

under the FCAA of 1990 (as codified in 42 United States Code, 7401 et seq.). The Northeast

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Texas SIP revision contains results ofphotochemical modeling and technical analyses in support

ofthe demonstration of attainment ofthe eight-hour ozone standard in 2007 and maintenance of

that standard through 2012.

As part of the Northeast Texas EAC SIP revision, the Eastman Chemical Company-Texas

operations, and Huntsman Chemical implemented an enhanced Leak Detection and Repair

(LDAR) program to identify and address emissions of highly reactive VOCs. These highly

reactive volatile organic compound (HRVOC) reductions are in addition to previous requirements

included in the model. At Eastman, the voluntary LDAR programs will be enforceable under

voluntary emission reduction permits. Huntsman Chemical volunteered these emission

reductions as part of a new Flexible Plant-wide Applicability Limit (PAL) Permit that makes the

reductions enforceable.

The Northeast Texas EAC also committed the area to pursue action on the following voluntary

measures: identify and pursue funding for compressor engines and non-road equipment that are

eligible for Texas Emission Reduction Plan (TERP) funding; on-road vehicle emission reductions

through the purchase of 18 lower-emitting propane light heavy-duty (Class 2b) vans; public

awareness programs; and energy efficiency programs. Additional information regarding the

control strategies in the Northeast Texas EAC can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/sipplans.html#EAC

2.2.2.6 San Antonio Eight-Hour Ozone Early Action Compact SIP Revision

The San Antonio Early Action Compact (EAC) SIP revision was adopted on November 17, 2004.

This compact was part of the strategy for the area including Bexar, Comal, Guadalupe and

Wilson Counties to continue attainment with the eight-hour ozone standard promulgated under

the FCAA of 1990 (as codified in 42 United States Code, 7401 et seq.). The San Antonio SIP

revision was required to implement the Early Action Compacts. This SIP revision is part ofthat

attainment demonstration and includes emission reductions needed to demonstrate attainment of

the eight-hour standard by 2007 through at least 2012. On April 15, 2004, the San Antonio area

received a deferral of the effective date of its designation of nonattainment for the eight-hour

ozone standard for Bexar, Comal, and Guadalupe Counties. The San Antonio area includes two

state rule revisions requested by the area to decrease VOC emissions: lowering the Stage 1 Vapor

Recovery exemption to 25,000 gallons/month throughput in the five-county area (30 TAC;

Chapter 115, Subchapter C, Divisions 2); and degreasing requirements for the four-county area

(30 TAC Chapter 115, Subchapter E, Division 1). The San Antonio EAC region also obtained

sufficient Texas Emission Reduction Program (TERP) grants to reduce NOx by 2 tons per day by

2007 from on- and non-road heavy duty diesel equipment and committed to emission reductions

from the following local controls: energy efficiency/renewable energy projects; transportation

emission reduction measures (TERMs); and transportation demand management projects.

In addition to control strategies that were included in the future control strategy model run, the

SIP revision implemented additional programs that although difficult to quantify and include in

photochemical modeling, contribute to cleaner air. These programs include alternative fuel

vehicle initiatives and a lawnmower recycling program. Additional information regarding these

control strategies in the San Antonio Area EAC can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/sipplans.htm1#EAC

2.2.2.7 Comus Christi Eight-Hour Ozone Flex Plan

The Corpus Christi Eight-Hour Ozone Flex Plan Memorandum of Agreement (MOA) was

developed according to EPA's guidance, "Eight-Hour Ozone Flex Program - May 2006."

Corpus Christi is the first area in the nation to develop and submit to EPA an Eight-Hour Ozone

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Flex Plan. The MOA encourages the continuation of voluntary emission reduction measures to

assist in maintaining attainment of the eight-hour ozone standard in Nueces and San Patricio

Counties. Emission reduction measures included in the MOA, but not limited to, are the Stage I

Vapor Recovery Program, the Pollution Prevention Partnership Program, and the Ozone Action

Day Program. These will be implemented through an MOA between the Texas Commission on

Environmental Quality, the City of Corpus Christi, Nueces County, San Patricio County, the Port

of Corpus Christi Authority, the Corpus Christi Metropolitan Planning Organization, the Corpus

Christi Regional Transportation Authority, and the U.s. Environmental Protection Agency. The

MOA was adopted by the commission on June 13,2007. Additional infonnation regarding the

plan can be found at: http://www.tceq.state.tx.us/implementation/air/sip/cc.html

2.2.2.8 Victoria Eight-Hour Ozone Maintenance Plan

On March 7, 2007, the commission adopted the Victoria County Eight-Hour Ozone Maintenance

Plan. This SIP revision contained an eight-hour ozone maintenance plan that will ensure the

County of Victoria remains in attainment of the eight-hour ozone NAAQS. Local governments

and other interested parties in the Victoria area will continue implementing programs that have

proved effective in maintaining healthy air quality to assure that the area continues to maintain its

attainment status for the eight-hour ozone standard. The maintenance plan is the appropriate

mechanism and allows individual communities the flexibility to pursue emission reduction

strategies most appropriate for their circumstances. The plan includes the following components:

attainment inventory; maintenance demonstration; ambient air quality monitoring; contingency

plan; and verification of continued attainment. Additional information regarding the Victoria

Eight-Hour Ozone Maintenance Plan can be found at:

http://www.tceg.state.tx.us/assets/public/implementation/air/sip/vic/06023SIP ado.pdf

2.2.2.9 El Paso Eight-Hour Ozone Maintenance Plan

As a result of the Federal Clean Air Act (FCAA) Amendments of 1990, El Paso County was

designated as nonattainment for the one-hour ozone standard. On April 15, 2004, the EPA

designated El Paso County as attainment for the eight-hour ozone standard. The EPA's Phase I

Implementation Rule for the eight-hour ozone standard directed that areas designated as

nonattainment for the one-hour ozone standard but designated attainment for the eight-hour ozone

standard must submit a maintenance plan for the eight-hour ozone standard by June 15,2007. On

January 11, 2006, the commission adopted the Eight-Hour Ozone Maintenance Plan for El Paso.

The El Paso Eight-Hour Ozone Maintenance Plan includes the following components: attainment

inventory; maintenance demonstration; ambient air quality monitoring; contingency plan; and

verification of continued attainment. Additional infonnation regarding the El Paso Eight-Hour

Ozone Maintenance Plan can be found at:

http://www.tceg.state.tx.us/assets/public/implementation/air/sip/sipdocs/2005-07-

EP/ELP 03 adoptionSIP 05l206.pdf

2.2.3 One-Hour Ozone State Implementation Plan (SIP) Revisions

Sections 2.2.3.1 thru 2.2.3.6 provides an overview of some of the one-hour ozone SIP revisions

that Texas has submitted to EPA.

2.2.3.1 Houston-Ga1veston-Brazoria One-Hour Ozone Attainment SIP Revisions

On December 6, 2000, the TCEQ adopted revisions to 30 TAC Chapters 101, 114, 115 and 117

and to the HGB SIP. This SIP revision serves as the attainment demonstration of the one-hour

ozone standard. The December 2000 submittal contained the following elements: rules and

photochemical modeling analyses; post-1999 Rate-of-Progress (ROP) plans for the milestone

years 2002 and 2005, and for the attainment year 2007; transportation conformity motor vehicle

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emissions budgets (MVEB) for NOx and VOC; enforceable commitments to implement further

measures ifneeded; and a commitment to perform and submit a mid-course review by May 2004.

Additional information regarding this SIP revision can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/dec2000hgb.html

On September 26, 2001, the TCEQ adopted a revision to the Texas SIP for the ozone

nonattainment area for HGB. The SIP revision for the HGB ozone nonattainment area included

the following elements: corrections to the ROP tablelMVEB's budget for the years 2002, 2005,

and 2007 due to a mathematical inconsistency; incorporation of a change to the idling restriction

control strategy clarifying that the operator of a rented or leased vehicle is responsible for

compliance with the requirements of Chapter 114 in situations where the operator of a leased or

rented vehicle is not employed by the owner ofthe vehicle (the commission committed to making

this change when the rule was originally adopted in December 2000); incorporation ofrevisions

to the clean diesel fuel rules to provide greater flexibility in complying with the requirements of

the rule while preserving the emission reductions necessary to demonstrate attainment in the

HGB area; incorporation of a stationary diesel engine rule that was developed as a result of the

state's analysis ofEPA's reasonably available control measures; incorporation ofrevisions to the

point source NOx rules; incorporation of revisions to the emissions cap and trade rules; the

removal of the construction equipment operating restriction and the accelerated purchase

requirement for Tier 2/3 heavy duty equipment; the replacement of those rules with the Texas

Emission Reduction Plan program; the layout of the mid-course review process which details

how the state would fulfill the commitment to obtain the additional emission reductions necessary

to demonstrate attainment of the one-hour ozone standard in the HGB area; and replacement of

2007 ROP MVEBs to be consistent with the attainment MVEBs. Additional information

regarding this SIP revision can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/sept2001hgb.html

On December 13, 2002, the TCEQ adopted revisions to the HGB One-Hour Ozone Attainment

Demonstration SIP. This SIP revision contains rules to reduce emissions of highly reactive

volatile organic compounds (HRVOC) from four key industrial sources: fugitives, flares, process

vents, and cooling towers. The HRVOC rules are performance-based, emphasizing monitoring,

recordkeeping, reporting, and enforcement. Additional information regarding this SIP revision

can be found at: http://www.tceq.state.tx.us/implementationiair/sip/dec2002hgb.html

On December 1, 2004, the commission adopted revisions to the SIP for the HGB nonattainment

area and rules found in Title 30, Texas Administrative Code, Chapters 101 and 115. This fulfilled

the commitment from 2000 to perform a mid-course review SIP revision to ensure attainment of

the one-hour ozone standard. The data gathered from the 2000 Texas Air Quality Study

(TexAQS) was used to improve the photochemical modeling work for the HGB area. The

collection of technical improvements gave a more comprehensive understanding of the ozone

challenge in Houston as development for a plan to reach attainment. The SIP revision

commitments included:

• Highly Reactive Volatile Organic Compounds (HRVOCs): The revision to the SIP

implements measures to ensure compliance with the specific strategies to control

HRVOC emissions. The amendments also make a variety of changes to correct

typographical errors and update cross-references.

• HRVOC Emissions Cap and Trade (HECT) Program: The HECT program is an annual

cap and trade program to provide compliance flexibility to the Chapter 115 control

requirements for process vents and cooling-tower heat exchangers. Sites subject to the

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program are required to possess an HRVOC allowance for each ton of HRVOC

emissions. Sites also have the option of trading excess HRVOC allowances on the open

market within a specific trading zone.

• General Fugitives: The rulemaking removes certain recordkeeping requirements from the

general volatile organic fugitive emissions rules in Subchapter D, Division 3, and makes

the requirements applicable only to sources of HRVOC fugitive emissions in rule

amendments that were revised as part of a concurrent rulemaking in 30 TAC Chapter

115, Subchapter H. The amendments also make a variety of changes to correct

typographical errors, update cross-references, add flexibility, and achieve the intended

emission reductions.

HGB Motor-Vehicle Idling Limitations: The commission repealed the motor-vehicle idling

limitations in the HGB area in Chapter 114, Subchapter J, Division 1. The commission originally

adopted idling limitation rules on December 6, 2000, as a control strategy to reduce NOx

emissions in the HGB ozone nonattainment area by limiting the engine idling time of motor

vehicles with a gross vehicle weight rating over 14,000 pounds to five consecutive minutes while

the vehicle is operating in the affected area from April 1 to October 31 each year. With regard to

the repeal of the heavy duty diesel idling rules, by the year 2007, the idling limits would have

reduced NOx emissions in the affected area by 0.48 tons per day (tpd). The repeal of the idling

restriction did not significantly impact modeled ozone concentrations. Given the minimal

emission reductions, difficulty of enforcement, and the development of a more robust attainment

demonstration, the commission maintained that the inclusion of the motor vehicle idling

restriction rules was not a reasonable measure. These factors also indicated that this measure did

not advance the one-hour ozone attainment date of the HGB area and therefore was not

Reasonably Available Control Measure (RACM). Additional information regarding this SIP

revision can be found at:

http://www.tceg.state.tx.us/implementation/air/sip/dec2004hgb mcr.html

2.2.3.2 Dallas-Fort Worth One-Hour Ozone Attainment SIP Revisions

On February 24, 1999, the TCEQ adopted a revision to the Texas SIP for the DFW area. The

DFW area was classified as a moderate ozone nonattainment area for the one-hour standard in

accordance with the FCAA Amendments of 1990. However, air quality monitoring for 1994

through 1996 show that the one-hour NAAQS for ozone has been exceeded more than one day

per year over this three-year period. On February 18, 1998, the EPA issued a final notice in the

Federal Register that the DFW area was being reclassified to "serious" for failing to attain the

NAAQS for ozone. As a result of this reclassification, the EPA required that a new SIP revision

demonstrating attainment of the ozone standard in DFW be submitted by March 20, 1999. The

state submitted a SIP revision for DFW that included photochemical modeling showing the level

ofreductions needed to attain the standard by 1999, a Nine Percent ROP target calculation for the

years 1997-99, VOC RACT rules in Chapter 115 applicable to sources meeting the 50 tons per

year major source level, NOx RACT rules in Chapter 117 applicable to major sources of NOx,

and amendments to Chapter 116 reinstating nonattainment new source review for NOx. The

governor submitted this SIP revision to EPA on March 16, 1999. Additional information

regarding the control strategies in the DFW SIP can be found at:

htto://www.tceq.state.tx.us/implementation/air/sip/febI999dfw.html

On October 15, 1999, the commission adopted a revision to the SIP for the DFW one-hour ozone

nonattainment area. This SIP revision was developed in order to address the shortfall in needed

reductions towards the Nine Percent ROP target and the lack of modeled control strategies from

the February 24, 1999, SIP revision. Potential emission reduction credits were reviewed that

2-11
were not claimed in the February 1999 SIP revision in order to make up the ROP shortfall. The

focus was on VOC reductions because fewer VOC reductions would be needed to make up the

shortfall compared to NOx emission reductions. The ROP lacked about 20% of the VOC

reductions needed, which amounted to 5.87 tpd. Elements were identified that were not

previously considered that bring emission reduction credits in order to complete the Nine Percent

ROP requirements for the years 1996-99. Additional information regarding the control strategies

can be found at: http://www.tceq.state.tx.us/implementation/air/sip/oct1999dfw.html

On April 19,2000, the TCEQ adopted revisions to the SIP. These revisions served as the required

next step in the attainment demonstration planning process for the BPA, DFW, and HGB ozone

nonattainment areas. The DFW area's attainment deadline as a serious ozone nonattainment area

was November 15, 1999. The April 2000 SIP revision contained a modeling demonstration that

showed that the air quality in the DFW area is influenced at times from the HGB area. Additional

information regarding this SIP revision can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/apr2000dfw.html

On August 22, 2001, the TCEQ adopted a revision to the Texas SIP as the required next step in

the attainment demonstration planning process for the DFW one-hour ozone nonattainment area.

Key revisions included the repeal of the rules regarding fleet composition for heavy diesel

equipment and the rules regarding operating restrictions for diesel construction equipment as part

of the implementation of Senate Bill (SB) 5, 77th Legislature, 2001. Signed into law in May

2001, SB 5 required the commission to submit a SIP revision to the EPA deleting the

requirements of two rules, contained in Chapter 114 (relating to Control of Air Pollution from

Motor Vehicles), from the SIP no later than October 1,2001. The rule repeals contained in this

SIP revision reflected the repeal oftwo rules related to construction equipment that were adopted

on April 19, 2000, as part of the control strategy for the DFW one-hour ozone attainment

demonstration. The Texas Emission Reduction Plan (TERP) contained in SB 5 replaced the rules

and resulted in reductions in excess of those expected from the rules that were repealed.

Additional information regarding this SIP revision can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/aug200Idfw.html

On April 27, 2005, the commission adopted a Five Percent Increment of Progress (lOP) SIP

revision for the DFW nonattainment area. This SIP revision contained the following control

measures:

• TERP: In the DFW area, projects funded as of September 1, 2004, were projected to

result in reductions in NOx emissions of over 7.78 tpd in 2007.

• Energy Efficiency: Statewide adoption of the International Residential Code and the

International Energy Conservation Code for residential, commercial, and industrial

buildings was mandated by the 77th Texas Legislature under Senate Bill 5. The resulting

NOx reductions based on electricity and natural gas savings from existing projects were

calculated to be 0.72 tpd.

• Alcoa, Milam County: Alcoa chose to replace its three existing boilers with two lignitefrred circulating fluidized bed boilers, as presented as an option under a federal consent

decree signed on April 9, 2003. Only one ofthese boilers was to be replaced by June 15,

2007, resulting in a reduction of 3.9 tpd of NOx. Therefore, only that portion of the

credit implemented by June 15,2007, was included as part ofthis SIP revision.

2-12
•

•

•

•

Statewide Portable Fuel Container Rule: The Portable Fuel Container Rule established

new requirements relating to the design criteria for portable fuel containers and portable

fuel container spouts. The new rules established design criteria for "no-spill" portable

fuel containers. Portable fuel containers manufactured under these standards release

fewer amounts offuel as the result ofspillage and evaporation.

Lean-Bum and Rich-Bum Engines: The adopted Five Percent lOP plan included the

implementation of new emission specifications and other compliance demonstration

requirements in Chapter 117, Subchapter B, Division 3 for certain industrial, commercial,

and institutional stationary, reciprocating internal-combustion engines in the nine-county

area. The resulting NOx reductions were 1.87 tpd.

Surface Coating: In rulemaking concurrent to this SIP revision, the commission adopted a

rule to extend the requirements for surface coating to the five newly designated DFW

nonattainment counties. The resulting VOC reductions were 0.3 tpd.

Stage I Gasoline Unloading: In rulemaking concurrent to this SIP reVISion, the

commission adopted a rule to extend the Stage I requirements to the five newly

designated DFW nonattainment counties. The resulting VOC reductions were 1.49 tpd.

Additional information regarding this SIP revision is located at:

http://www.tceg.state.tx.uS/implementation/air/sip/apr2005dal iop.html

2.2.3.3 Beaumont-Port Arthur One-Hour Ozone Attainment SIP Revisions

On October 27,1999, the TCEQ adopted a revision to the Texas State Implementation Plan (SIP)

concerning the attainment demonstration for the Beaumont-Port Arthur (BPA) ozone

nonattainment area. Because photochemical modeling showed that both VOC and NOx

reductions are effective in reducing ground-level ozone in the BPA area, this SIP revision

identified, under separate rulemaking, revisions to the NOx RACT requirements to include lean

bum engines. Also, VOC RACT rules were modified for industrial wastewater and batch

processes. Additional information regarding the specifics of this SIP revision can be found at:

httD://www.tceg.state.tx.us/implementation/air/sip/oct1999bpa.html

The BPA area is classified as moderate on April 2, 1996, and therefore, was required to attain the

one-hour ozone standard by November 15, 1996. The BPA area did not attain the standard by

that date, and also did not attain the standard by November 15, 1999, the attainment date for

serious areas. In determining the appropriate attainment date for an area, EPA considered the

effect of transport of ozone or its precursors from an upwind area which interferes with the

downwind area's ability to attain. On July 16, 1998, EPA issued a guidance memorandum titled

"Extension of Attainment Dates for Downwind Transport Areas." The guidance, referred to

hereinafter as the "transport guidance," provided a means for EPA to extend the attainment date

for an area affected by transported air pollution, without reclassifying ("bumping up") the area to

a higher classification. The transport guidance was particularly relevant to BPA, which is

downwind 1-17 ofthe HGA area and is affected by transport from HGA. On April 16, 1999, EPA

proposed in the Federal Register to allow BPA to take advantage ofthe transport guidance if an

approvable attainment demonstration was submitted by November 15, 1999.

The SIP revision contained results of photochemical modeling demonstrating transport from

HGB to BPA. Following EPA's transport guidance, it was demonstrated that BPA attained the

one-hour ozone standard. In addition, the November 1999 SIP revision contained adopted rules

for industrial wastewater and batch process sources to ensure that VOC emission limits for these

2-13
sources meet EPA's guidelines for RACT. Furthermore, the SIP revision included adopted rules

establishing NOx RACT emission limits for gas-fired, lean-bum stationary internal combustion

engines. These NOx rules represented "Phase I" of a two-part revision to the BPA attainment

demonstration SIP revision. Additional information regarding the specifics of this SIP revision

can be found at: http://www.tceq.state.tx.us/implementation/air/sip/octl999bpa.html

The April 2000 SIP revision represented "Phase II" of the BPA attainment demonstration SIP

revision, and contained adopted rules specifying NOx emission limits for electric utility boilers,

industrial boilers, and industrial process heaters. These strategies in combination with the richburn engine rules reduced NOx emission from 170.51 tons per ozone day (tpod) to 75.09 tpod.

In accordance with EPA guidance, implementation of these NOx emission limits represented a

reasonable level of control, necessary for an approvable attainment demonstration. Modeling of

these Phase IIreductions showed that the BPA area attains the one-hour ozone standard, using

WoE analyses. Additional information regarding this SIP revision can be found at:

htm.://www.tceq.state.tx.us/implementation/air/sip/apr2000bpa.html

2.2.3.4 Northeast Texas Flexible Attainment Region (FAR) One-Hour Ozone SIP Revision

On May 12, 1999, the commission adopted a revision to the SIP for the Northeast Texas region

which made certain local ozone precursor emission reduction programs federally enforceable.

This revision was submitted to EPA on June 4, 1999. Four affected companies (Norit Americas,

Inc.; La Gloria Oil and Gas Company; Eastman Chemical Company, Texas Eastman Division;

and ARCO Permian) in the Northeast Texas region voluntarily agreed to be subject to the

implementation of enforceable emission reduction measures pursuant to Part A, Sections 2-5 of

the Northeast Texas Flexible Attainment Region (FAR) Memorandum of Agreement. The MOA

required the immediate implementation of control measures through the use of Agreed Orders,

which are included in the SIP revision and are federally enforceable. Additional information

regarding the specifics ofthese control strategies can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/may1999net.html

On April 19, 2000, the TCEQ adopted a revision to the SIP to incorporate two agreed orders into

the Northeast Texas SIP revision. This revision incorporated into the SIP an agreed order signed

by the Eastman Chemical Company, Texas Operations, ofLongview, Texas, in Harrison County

(account number HH-0042-M). The agreed order made federally enforceable certain local ozone

precursor emission reduction programs. Through the use ofAgreed Orders these measures were

adopted and included in the Northeast Texas FAR SIP revision and are federally enforceable.

Additional information regarding this SIP revision can be found at:

http://www.tceq.state.tx.us/implementation/air/sip/apr2000net.html

2.2.3.5 Regional One-Hour Ozone SIP Revision

On April 19,2000, the TCEQ adopted a revision to the Texas SIP. These revisions served as the

required next step in the attainment demonstration planning process for the BPA, DFW, and HGB

ozone nonattainment areas, and the Central and East Texas region. Due to the significant air

quality concerns under the one-hour ozone NAAQS, and the anticipated challenges under the

eight-hour NAAQS, Texas developed a regional strategy to reduce emissions. This strategy

contained five elements: support of the National Low Emission Vehicle (NLEV) program and

bring cleaner cars to Texas by model year 2001; Stage I vapor recovery for larger gas stations;

cleaner gasoline; the Clean Air Responsibility Enterprise (CARE) program; and reduction in NOx

emissions from larger point sources. Additional information regarding this SIP revision can be

found at: http://www.tceq.state.tx.us/implementation/air/sip/apr2000reg.html

2-14
2.2.3.6 One-Hour Ozone Flexible Agreement

The One-Hour Ozone Flexible Agreement is a voluntary local approach to encourage emission

reductions that will keep an area in attainment of the one-hour ozone standard, while also

working toward achieving the health benefits envisioned under the eight-hour ozone standard.

The One-Hour Ozone Flexible Agreement plans were implemented through a Memorandum of

Agreement (MOA) between EPA, the state environmental agency, and local governments.

2.2.3.6.1 Austin-San Marcos Metropolitan Statistical Area One-Hour Ozone Flex Plan

On March 28, 2002, local governments, community and business leaders, environmental groups,

and concerned citizens in the Austin/San Marcos Metropolitan Statistical Area signed a

memorandum of agreement (MOA) with the TCEQ and the EPA to implement programs to

improve regional air quality. Additional information regarding this plan can be found at:

http://www.cleanairforce.org/03%20Flex%20Agreement.htm

2.2.3.6.2 Corpus Christi One-Hour Ozone Flex Plan

On September 18, 2002, the Nueces and San Patricio Counties, the Corpus Christi urban airshed,

signed an Ozone Flex Intergovernmental Agreement with the TCEQ and the EPA. Additional

information regarding this plan can be found at:

http://www.tceg.state.ix.us/assets/public/implementation/air/sip/eacdocs/CC 03 091702.pdf

2.2.4 General State Implementation Plan (SIP) Revision Information

Additional information regarding the numerous other SIP revisions that Texas has adopted from

1972 through 2007 can be found at:

http://www.tceg.state.ix.us/implementation/air/sip/sipplans.html

2.2.5 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review

(NSR) Element

FCAA Section 11O(a)(2)(D)(i)(ll) contains a requirement for states to submit SIPs that contain

adequate provisions verifying that the Texas SIP prohibits any source or type of emissions

activity within the state from emitting air pollutants in amounts that will interfere with another

state's SIP measures for preventing significant deterioration of air quality.

2.2.5.1 Eight-Hour Ozone

All major sources in Texas are subject to PSD and Nonattainment NSR permitting programs,

implemented in 30 TAC Chapter 116. Major sources are defined in 30 TAC § 116.12(17) in

relation to the federal classification of an area for nonattainment permitting and by reference to

40 Code ofFederal Regulations (CFR) § 51.166 for PSD.

2.2.5.2 Fine Particulate Matter (PMu)

All major sources in Texas are subject to PSD and Nonattainment NSR permitting programs,

implemented in 30 TAC Chapter 116. Major sources are defined in 30 TAC § 116.12(17) in

relation to the federal classification of an area for nonattainment PerImtting and by reference to

40 Code ofFederal Regulations (CFR) § 51.166 for PSD. Additionally, these programs are being

implemented in accordance with EPA's interim guidance regarding the use ofPM10 as a surrogate

forPM2.5•

2-15
2.2.5.3 Emission Credits

The use of emission reductions for offsets is governed by 30 TAC § 116.170, which requires that

all emission reductions be certified as emission credits under 30 TAC Chapter 101 prior to its use

as offsets.

2.2.6 Protect Visibility Element

Section 110(a)(2)(D)(i)(ll) also contains a requirement for all states to submit SIPs that contain

adequate provisions prohibiting "... any source or other type of emission activity within the state

from emitting any air pollutant in amounts which will - interfere with measures required to be

included in the applicable implementation plan for any other state .... to protect visibility." The

EPA has previously found that all states contain sources whose emissions are reasonably

anticipated to contribute to regional haze in one or more Class I areas. Pursuant to this finding,

Texas is currently under an obligation to submit a SIP revision that addresses regional haze,

including a long-term strategy to address visibility impairment for each Class I area, which may

be affected by emissions from Texas. The TCEQ and other states and Regional Planning

Organizations are currently engaged in the task of identifying those Class I areas impacted by

each state's emissions. States are responsible for developing strategies for addressing regional

haze for inclusion in their regional haze SIP. Since states have not yet submitted Regional Haze

SIPs, it is not possible at this time for Texas to determine whether Texas interferes with measures

to protect visibility in the applicable SIP of another state until the regional haze SIPs are

submitted to EPA and are approved.

Texas has been working with the following organizations as it develops the Regional Haze SIP:

States

Arkansas, Colorado, Kansas, Louisiana, New Mexico, Oklahoma, and Wyoming

United States Federal Agencies

United States Forest Service Federal Land Managers; United States Fish and Wildlife Service

Land Managers; National Parks Service Land Managers; and the United States Environmental

Protection Agency.

Tribal Representatives

Louisiana -

Chitimacha Tribe ofLouisiana; Coushatta Tribe ofLouisiana; Jena Band ofChoctaw Indians; and

Tunica-Biloxi Indians ofLouisiana

New Mexico -

Eight Northern Indian Pueblo Council; Mescalero Apache Tribe; Pueblo of Acoma; Pueblo of

Cochiti; Pueblo ofIsleta; Pueblo ofJemez; Jicarilla Apache Nation; Pueblo ofLaguna; Pueblo of

Nambe; Pueblo of Picuris; Pueblo of Pojoaque; Pueblo of Sandia; Pueblo of San Felipe; Pueblo

of San lldefonso; Ohkay Owingeh (formerly San Juan); Pueblo of Santa Ana; Pueblo of Santa

Clara; Pueblo of Santo Domingo; Pueblo of Taos; Pueblo of Tesuque; and Pueblo of Zia; Zuni

Tribe

OklahomaAbsentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Quassarte Tribal Town; Apache

Tribe of Oklahoma; Caddo Indian Tribe of Oklahoma; Cherokee Nation; Cheyenne-Arapaho

Tribes of Oklahoma; Chickasaw Nation; Choctaw Nation of Oklahoma; Citizen Potawatomi

Nation; Comanche Nation of Oklahoma; Delaware Nation (West); Eastern Shawnee Tribe of

2-16
Oklahoma; Fort Sill Apache Tribe of Oklahoma; Inter Tribal Environmental Council of

Oklahoma; Iowa Tribe of Oklahoma; Kaw Nation; Kialegee Tribal Town; Kickapoo Tribe of

Oklahoma; Kiowa Indian Tribe of Oklahoma; Miami Tribe of Oklahoma; Modoc Tribe of

Oklahoma; Muscogee (Creek) Nation; Osage Nation; Otoe-Missouri Tribe of Oklahoma Ottawa

Tribe of Oklahoma; Pawnee Nation of Oklahoma; Peoria Tribe of Indians of Oklahoma; Ponca

Tribe of Indians of Oklahoma; Quapaw Tribe of Oklahoma; Sac and Fox Nation; Seneca-Cayuga

Tribe ofOklahoma; Seminole Nation of Oklahoma; Shawnee Tribe; Thlopthlocco Tribal Town

Tonkawa Tribe of Indians of Oklahoma; United Keetoowah Band of Cherokee Indians of

Oklahoma; Wichita and Mfiliated Tribes; and Wyandotte Nation

TexasAlabama-Coushatta Tribe of Texas; Kickapoo Traditional Tribe of Texas; and Ysleta del Sur

Pueblo ofTexas

Regional Planning Organization

CENRAP - Central Regional Planning Organization - Arkansas, Iowa, Louisiana, Kansas,

Minnesota, Missouri, Nebraska, Oklahoma, and Texas

2-17
CHAPTER 3: FUTURE ATTAINMENT PLANS

The Federal Clean Air Act (FCAA), section IIO(a)(l) requires states to submit SIPs within three

years after the promulgation of new or revised NAAQS that meet the requirements of FCAA, §

IIO(a)(2), including FCAA, § 110(a)(2)(D)(i), relating to interstate transport of pollution.

Therefore, if the NAAQS is revised in the future, the TCEQ will need to take the adequate steps

relating to the interstate transport of air pollution.

3-1
Appendix A
'~f o/lllng

Denver

, f.:6raska

I, -

Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from the City of Beaumont

"fOfldiJ

"'/uliulIltl

!\,'ntuc \y

7/'1lf1 t'ssrr

Baton

Rouge

'\7& ~\\es

11m un

This map was generated by the Chief Englneefs Ollice, Air Quality Divfsion of the Texas Corrmission on

EnvirotYTlental Quality. No daims are made to the aCQJ(scy or completeness 01 the data or to the suitability

for a pa'ticular use, For information concerning this map, contact Kim Hendon of the Air Quality Divfsion

at (512) 239-1421 Raj Nadkami (512) 239-1934 July 30,2007

( (ahoma

l1Isas

r

I

r (I"l('

Tun Commission on Envlronmental Quality

Chief Engln..... OffIce

Air Quality DIvI.lon

PO Box 13087 (Mill Code 164)

Austin, Texu 78711-3087

I.JI""IIII_Protecting Texas by

Reducing and

Preventing Pollution
Denver

, e6rasfta Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from Beaumont I Port Arthur Area

;4 (1160,"11

1\rnt lIe/iY

'J/'IIII/'sser

_I1.USlSSlppi

~\1.,ssolln

This map was generated by the Chief Engineefs Office. Air Qua~ty Dillislon 01 the Texas Commission on

Envirorrnental Quality. No dalms are made to the a=rBcy or completeness of the data or to the sullabitity

!of a pa'ticular use. For infonnation concerning this map. contact Kim Hendon of the Air Quality Dillislon

at (512) 239-1421 Raj Nadkami (512) 239-1934 July 30.2007

t>/Juftomu

TCEQ I

n Protecting Texas by

• Reducing and

Preventing Pollution

Tex.. CommlllJon on Environmental Quality

Chlel Englneefl Office Air Quality Dlvllion

PO Box 13087 (Mill Colle 164)

AUIUn, Texu 78711-3087
·" "millB

Denver

Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from the City of Dallas

/(t'/III1Cf{y

1,'/11/1'JSi't'

~I

,

.

We~t 'Memphis Memphl

Saint

Louis

umont

This map was generated by the Chief Englneefs 01lice, Air Quality Division of the Texas Commission on

Enviformental Quality. No daims are made to the accuracy or completeness of the data or to the sUitability

for a pa1icular use, For information conceming lhis map, contact Kim Hendon of the Air Quality Division

at (512) 239-1421 Raj Nadkami (512) 239·1934 July 30,2007

\

Jifal/Clma

NJIIsas

: rw

~,'1i'.tJ 0

Teul Commll.lon on Envlronmenlll QUIIIty

Chief Englneefl Omce

Air Quality DMIIon

PO Box 13087 (Mill Code 164)

Aullln. Teul 78711-3087

n protecting Texas by

Reducing and

- Preventing Pollution

iii1liiiiiI

TCEQ
1\,'1/ tud(y

:WISsrSSlppr

/

Saint

Louis

'lNlIIl'SSI'C

West ,'Memphis

Memphi

This map was generated by the Chief Engineers Office. Air Quality Division of the Texas Commission on

EnvjrorrTlental Quality. No daims are made to the accuracy or completeness 01 the data or to the suitabi~ty

for a p&1icular use. For information concerning this map, contect Kim Hendon of the Air Quality Division

at (512) 239-1421 Raj Nadkarni (512) 239-1934 July 30, 2007

Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from Dallas/Fort Worth Area

L-.----------..,...----------.- -- .---'

/VLtlsas

( 'e ras lJ

, /"U'

~We. ICO

Denver

'11. O/llinn

TexIS Comml..lon on Envlronmentll QUIIIty

Chlel Englne."" om.1 Air QUIIIty D1v1llon

PO Box 13087 (Mill Code 164)

AusUn, Texu 78711-3087
Denver

Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from the City of Houston

i1/l1b,im i

'Ii'/JIl/'sser

West 'Memphis Memphis

Saint

Louis

WlSsoun

Baton

Rouge

......'--'.-'l.~~ tf\\\eS

This map was genaraled by the Chiaf Enginaefs O1fice, Air Quality Division of tha Texas Corrmission on

Environmental Quality. No daims are made to the accuracy or oompleteness of the data or to the suitability

for a pMicular use. For infoonalion concerning this map, oontact Kim Hendon 01 the Air Quality Division

. at (512) 239-1421 Raj Nadkarni (512) 239-1934 JlAy 30,2007

<.l {ahoma

!\}J-flsas

r a

I

Texis Commission on Envlronmenll! QUll1ly

Chief Englneefs Office

Air QUIIIly D1vlslon

PO Box 13087 (Man Code 184)

Auslln. TeXIs 78711-3087

TCEQ

I.~-ProtectlngTexas by

Reducing and

Preventing Pollution
'~I~y()m i"Jj

Denver

, c6rasf.g Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from Houston-Galveston-Brazoria Area

Ihmdll

len/H'sse/'

~111sruslpp'

Saint

Louis

We~t 'Memphis MemphiS

This map was generated by the Chief Englneefs Ollice, Air Quality Division of the Texas Convnission on

Environmental Qual~y. No daims are made to the accuracy or completeness of the data 0( to 1M suitaMty

for a pa1icular use. For nfo<malion concerning this map, contact Kim Hendon of the Air Quality Division

al (512) 239-1421 Raj Nadkarnl (512) 239-1934 July 30,2007

Okjulwma

"sas

Tex.. Commlilion on EnVIronmenial QUIIIty

Chief Englneefl Office

Air QUIIIty OMllon

PO Box 13087 (Mill Code 164)

AUltln, Texas 78711-3087

, t"'U'
AppendixB
Major Point Source NOx Rules and Reductions Promulgated in Texas since 2000

Modeled Additional

Base 2004-05 NOx Future Modeled NOx

Year Intermediate Reductions Year NOx Reductions

Area of Base NOx YearNOx 2000-05 NOx Reductions 2000-09

Rule State Year (tpd) (tpd) (tpd) (tpd) for 2009 (tpd) (tpd) Notes

SB7 and "EastTX" 2000 776 435 341 435 341 Final compliance date of

East! Attainment May 2005; includes those

Central Counties units that can trade and

TX EGUs those that cannot; 2005

Ch.1l7 value includes new unit

growth 2000-05, 2000

values for non-acid rain

units, and 2005 acid rain

values for acid rain units.

West Texas 2000 145 99 46 99 46 Final compliance date of

EGUs May 2005; includes those

units that can trade and

those that cannot; 2005

value includes new unit

growth 2000-05, 2000

values for non-acid rain

units, and 2005 acid rain

values for acid rain units.

DFW DFW9-co 2000 73 16 57 16 0.4 57 Final compliance date of

Ch.1l7 EGUs May 2005; 2005 value

includes new unit growth

2000-05, 2000 controlled

values for non-acid rain

units, and 2005 acid rain

values for acid rain units.

The 2009 value includes

recent SIP rules.
Modeled Additional

Base 2004-0S NOx Future Modeled NOx

Year Intermediate Reductions Year NOx Reductions

Area of Base NOx YearNOx 2000-oS NOx Reductions 2000-09

Rule State Year (tpd) (tpd) (tpd) (tpd) for 2009 (tpd) (tpd) Notes

DFW DFW9- 2000 49 45 4 26 19.4 23 The 2004 value is ozone

Ch.117 County season actuals reported.

(cont.) NEGUs Final compliance date of

May 2005 for engine and

industrial boilers. The 2009

value includes recent SIP

rules.

BPA BPA3- 2000 26 11 IS 11 15 The 2004 value is ozoneCh.l17 County season actuals reported.

EGUs

BPA3- 2000 97 71 26 71 26 The 2004 value is ozoneCounty season actuals reported.

NEGUs Final compliance for these

engines, heaters, and boilers

is May 2005.

HGB HGB Mass 2000 192 53 139 51 2 141 The 2004 value is ozoneMECT Emission season actuals reported.

Cap and Final compliance for most

Trade for ofthese is May 2005. The

EGUs cogen units have until April

2008 for final compliance

with the last phase ofthe

Cap.

HGBMass 2000 283 178 lOS 102 76 181 The 2004 value is ozoneEmission season actuals reported.

Cap and Final compliance for most

Trade for ofthese is April 2008 with

NEGUs the last phase ofthe Cap.

Totals 1641 908 733 810 98 831

EGU subtotal 1212 614 598 612 2 600

NEGU subtotal 429 294 135 199 95 230
AppendixC
Texas Electric Generating Utility NOx Control Strategies Compared

to the Clean Air Interstate Rule (CAIR)

(as of February 23, 2007)

Facility Type State Emission Rate CAIR2009 CAIR2015

Requirements

Utility Electric Generation in Ozone Nonattainment Areas Emission Specifications for Attainment Demonstrations

Houston-Galveston-Brazoria

Gas-Fired Electric Power 0.030 Ib ofNOxlMMBtu 0.151b ofNOxlMMBtu 0.1251b ofNOx/MMBtu

Utility Boilers Generating Systems

Industrial, Commercial 0.020 Ib ofNOxlMMBtu 0.151b ofNOx/MMBtu 0.125 Ib ofNOx!MMBtu

and Institutional 0.030 Ib ofNOxlMMBtu

0.036 Ib ofNOxlMMBtu

Coal-Fired Wall-Fired 0.050 Ib ofNOxlMMBtu 0.151b ofNOx/MMBtu 0.125 Ib ofNOx/MMBtu

Utility Boilers

Tangential-Fired 0.045 Ib ofNOxlMMBtu

Oil-Fired Utility Wall-Fired 0.050 Ib ofNOxlMMBtu 0.151b ofNOx/MMBtu 0.125 Ib ofNOx/MMBtu

Boilers I

Tangential-Fired 0.045 Ib ofNOxlMMBtu

Auxiliary Steam Utility Boilers 0.0301b ofNOxlMMBtu 0.151b ofNOx/MMBtu 0.1251b ofNOx/MMBtu

Coke-Fired Boilers 0.057 Ib ofNOxlMMBtu 0.151b ofNOxlMMBtu 0.1251b ofNOxlMMBtu

Wood Fuel-Fired Boilers 0.060 Ib ofNOxlMMBtu 0.15 Ib ofNOxlMMBtu 0.125 Ib ofNOxlMMBtu

Stationary Gas Electric Power 0.032 Ib ofNOxlMMBtu 0.151b ofNOx/MMBtu 0.1251b ofNOx/MMBtu

Turbines Generating Systems

Industrial, Commercial 0.032 Ib ofNOxlMMBtu O.l51b ofNOxlMMBtu 0.1251b ofNOxlMMBtu

and Institutional 0.15 lb ofNOxlMMBtu

0.26 Ib ofNOxlMMBtu

Dallas-Fort Worth

Large Utility Boilers 0.033 Ib ofNOx IMMBtu 0.151b ofNOxlMMBtu 0.1251b ofNOx/MMBtu

Small Utility Boilers 0.06 Ib ofNOx IMMBtu 0.151b ofNOxlMMBtu 0.1251b ofNOxlMMBtu

Beaumont-Port Arthur

All Utility Boilers 0.10 Ib ofNOxlMMBtu 0.151b ofNOx/MMBtu 0.1251b ofNOx/MMBtu

1
Texas Electric Generating Utility NOx Control Strategies Compared

to the Clean Air Interstate Rule (CAIR)

(as of February 23, 2007)

Facility Type State Emission Rate CAIR2009 CAIR2015

Requirements

Utility Electric Generation in East and Central Texas

Gas-Fired Utility Boilers 0.141b ofNOxlMMBtu 0.15 Ib ofNOx IMMBtu 0.1251b ofNOxlMMBtu

Coal-Fired Utility Boilers 0.1651b ofNOxlMMBtu 0.151b ofNOxlMMBtu 0.1251b ofNOxlMMBtu

Senate Bill 7

East Texas Region Grandfatbered 0.141b ofNOxlMMBtu 0.151b ofNOxlMMBtu 0.1251b ofNOxlMMBtu

Facilities

West Texas and EI Paso Region 0.1951b ofNOxlMMBtu 0.151b ofNOxlMMBtu 0.125 Ib ofNOxlMMBtu

Grandfatbered Facilities

2
WRITTEN AND 

ORAL TESTIMONY 
Reference Number

W-1

INDEX OF WRITTEN TESTIMONY

Submitted By

Sierra Club, Houston Regional Group
SIERRA

CLUB

FOUNDED 1892

December 2, 2007

Ms. Kim Herndon

IVIC 206

Air Quality Division

Chief Engineer's Office

Texas Commission on Environmental Quality

P.O. Box 13087

Austin, Texas 78711-3087

Dear Ms. Herndon,

Houston Regional Group

P. O. Box 3021

Houston, Texas 77253-3021

713-895-9309

http://texas.sierraclub.org/houston/

DEC 0 <) 2007

W-1

Enclosed are the comments of the Houston Regional Group of the Sierra Club

(Sierra Club) regarding the Texas Commission on Environmental Quality's

(TCEQ) proposed Eight-Hour Ozone and Fine Particulate Matter Transport State

Implementation Plan (SIP) Revision for the Clean Air Interstate Rule (CAIR).

The Sierra Club is very disappointed with this proposed SIP. Instead of making

specific progress in attaining the eight-hour ozone standard by reducing ozone

and precursor emissions caused by transport, both inside and outside Texas,

TCEQ has the audacity to say that it does not have to do anything. While a weak

U.S. Environmental Protection Agency (EPA) may allow TCEQ to once again

declare victory and extol its virtues as an air quality agency the truth lies behind

TCEQ and EPA and not in front. The truth is dependent on what has not been

done for three decades and not what has been done.

For over three decades the TCEQ and its predecessor agencies have adopted a

minimalist and incremental policy of ozone and precursor air pollution control and

reduction. This policy has resulted in declarations of attainment of the ozone

standard many times, with EPA's acquiescence. In reality this policy has led to

the failure of every ozone SIP in Houston for over 30 years. TCEQ has a perfect

track record of failure. The Sierra Club has a perfect track record of success in

calling for additional air pollution reductions and predicting the failure of each SIP

that TCEQ and EPA approved and extolled. Who should the public believe now?

TCEQ boldly lists the SIPs and regulations/rules it has approved over the past

eight years as victories instead of the defeats they are. The goal is to attain the

ozone standard and not just reduce emissions. TCEQ tries to turn the Federal

Clean Air Act Amendments on their head by equating reductions in ozone and

precursors with success when only attainment of the ozone standard really

signals victory. TCEQ's strategy is like a football coach declaring victory

because his/her team scored 30 points when they usually score 14 points. The

coach unfortunately does not point out that the opposing team scored 50 points.

"When we tIl' to pick out anything by itself, we fmd it hitched to evezything else in the universe." John lfuir

Printed on 100% Kenai tree free paper
Just as TCEQ's modeling, approved by EPA, predicted attainment bf-{h~ 'dibrle

standard many times in the past now EPA's March 2005, "Technical Support

Document for the Final Clean Air Interstate Rule - Air Quality Modeling",

regarding attainment of the eight-hour ozone standard in 2010 by the states

which Texas transports ozone and precursor emissions to (Denver, Memphis -

West Memphis, St. Louis, and Baton Rouge), does the same. But this is untrue.

Modeling has failed to demonstrate attainment every time it has been used for

SIPs because the emissions inventory (EI) is faulty. We now know there are

much greater amounts of ozone precursors than thought in the past. This

remains true today and has been shown by TCEQ's 2000 and 2005-2006 air

quality studies in the Houston area. A faulty EI means faulty modeling; means

faulty predictions of precursor and ozone transport; means faulty attainment of

the ozone standard. The king has no clothes.

What TCEQ should have done with this SIP was reduce transport within Texas

and thus it would have reduced transport outside of Texas. It is ironic that only a

few years ago TCEQ was pointing a finger at Houston and saying the reason the

Beaumont - Port Arthur and Dallas - Fort Worth areas were not attaining the

ozone standard was due to transport of ozone and precursors from Houston.

Apparently this transport phenomena stops at the Texas state line and does not

cause problems for other states. How convenient and neat. It is too bad TCEQ

has not cleaned up its own backyard so that real attainment can be achieved by

other parts of Texas and the country more quickly.

It appears to the Sierra Club that TCEQ has no real commitment to attain the

ozone standard in the Houston area. TCEQ failed to submit a SIP this year

which showed that the Houston area will attain the eight hour ozone standard.

We are told that we have to wait 12 more years (49 years after the Federal Clean

Air Act was passed) for attainment of the ozone standard. This is too long. The

sad thing is TCEQ sentences the public, the people who own the TCEQ, to more

years of unhealthy air pollution. This means that greater numbers of people will

die and become ill due to TCEQ's minimalist and incremental policy of

excruciatingly slow air pollution clean-up.

The public does not deserve such distain. The Sierra Club can only hope that

the TCEQ will care more in the future about the death and illness of people than

it shows now with this SIP. The Sierra Club opposes the approval of this SIP

because it does. not reduce significantly and or resolve the transport of ozone,

precursors, and non-attainment areas in Texas or in other states.

The Sierra Club urges TCEQ to "do the right thing" and withdraw this SIP. TCEQ

should prepare and submit an SIP that vigorously addresses the ozone and

2
precursors transport problem in Texas and in adjacent states. It is the least that

TCEQ can do to protect the public.

The Sierra Club appreciates this opportunity to comment.

Sincerely, 8~

Brandt Mannchen

Chair, Air Quality Issue Committee

Lone Star Chapter of the Sierra Club

Chair, Air Quality Committee

Houston Sierra Club

5431 Carew

Houston, Texas 77096

713-664-5962

brandtshnfbt@juno.com

Thank you.

Dcr 0 a 2007

3
Reference Number

INDEX OF ORAL TESTIMONY

Submitted by

No oral testimony was received pertaining to this proposal.
Page 1

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

PUBLIC HEARING REGISTRATION

Location: Austin Date: December 11, 2007

Concerning: Interstate transport of Eight-Hour Ozone and Fine Particulate Matter

NAME REPRESENTING PRESENTING ORAL TESTIMONY?

(CIRCLE ONE)

tV~e~ fPL ('"V2;r Yes ®

G~~\d C,,<>.~4 S "'".......... c:.. ..:;) C""~ ..........ic ~'J Yes Q0

Yes No

Yes No

Yes No

Yes No
EVALUATION OF 

TESTIMONY 
Texas Commission on Environmental Quality

INTEROFFICE MEMORANDUM

To: Commissioners Date: March 28, 2008

Thru: LaDonna Castaiiuela, Chief Clerk

Glenn Shankle, Executive Director

From: fDaVid C. Schanbacher, P.E., ChiefEngineer

Docket No.: 2007-1244-SIP

Subject: Commission Approval for Adoption

Eight-Hour Ozone and Fine Particulate Matter (PM2.5)Transport State Implementation

Plan Revision

Project No. 2007-057-SIP-NR

Reasons for the SIP revision:

On July 18, 1997, the United States Environmental Protection Agency (EPA) promulgated new National

Ambient Air Quality Standards (NAAQS) for ozone (eight-hour ozone) and for fine particulate matter

(PM2.

S)' Section 11O(a)(l) ofthe Federal Clean Air Act requires states to submit new SIPs to provide for the

implementation, maintenance, and enforcement of new or revised NAAQS. Section IIO(a)(2) lists the

elements that the new SIP submissions must contain. Among other things, SIPs for a new or revised

NAAQS must contain adequate provisions to address interstate transport of air pollution, pursuant to §

IIO(a)(2)(D)(i). On April 25, 2005, the EPA published a finding of failure to submit in the Federal Register

(Volume 70, Number 78) that required SIPs relating to interstate transport of eight-hour ozone and PM2.5.

The action started a two-year clock for the promulgation of a Federal Implementation Plan (FIP). The

finding of failure to submit identified Texas as a state that had not yet properly addressed interstate transport

pollution in its SIP. Several areas in Texas are nonattainment for the eight-hour ozone NAAQS (HoustonGalveston-Brazoria, Dallas-Fort Worth, Beaumont-Port Arthur, and San Antonio - deferred\ but the entire

state is currently designated attainment for the 1997 24-hour and annual standards for PM2.

S NAAQS. This

revision to Texas' State Implementation Plan (SIP) for ozone (03) and fine particulate matter (PM2.

S)

transport sets forth how the commission will meet the Federal Clean Air Act (FCAA), § 1l0(a)(l), §

IIO(a)(2), including § IIO(a)(2)(D)(i), relating to interstate transport of pollution of 0 3 and PM2.5. The

purpose of this SIP revision is to document that any emissions from Texas' sources that may have

contributed to nonattainment in another state have been mitigated through existing control strategies.

What the SIP revision will do:

The EPA's "SIP Guidance on Section 110(a)(2)(D)(i) Findings ofFailure to Submit" dated August 11, 2006,

notes that states participating in the Clean Air Interstate Rule (CAIR) will satisfy the transport SIP

requirements for ozone and PM2.5 by submitting a CAIR SIP or by relying on the CAIR Federal

Implementation Plan (FIP) to demonstrate that emissions from Texas do not interfere with attainment in

another state. Based on the EPA's guidance, since Texas is participating in the federal CAIR program for

PM2.5, Texas has addressed annual sulfur dioxide (S02) and nitrogen oxides (NOx) transport for PM2.5.

1 Reclassification to attainment is currently pending. It was proposed in the Federal Register on February 6, 2008.

Final redesignation to attainment is anticipated to take place in April 2008.
Commissioners

Page 2

March 28, 2008

Re: Docket No. 2007-1244-SIP

Therefore, Texas' PM2.5 transport SIP obligation has been partially fulfilled by the submission of the CAIR

SIP to the EPA on August 3, 2006. The SIP revision includes verification that the Prevention of Significant

Deterioration and Nonattainment New Source Review permitting programs and the Protection of Visibility

requirements are being implemented in Texas.

Texas is not regulated under the CAIR program for eight-hour ozone contribution. However, annual NOx

reductions are required because of the PM2.

5 contribution under the CAIR program. Additionally, Texas has

a strategy in place for the eastern part of the state to reduce NOx emissions from electric generating units.

This strategy, along with other NOx-reducing programs in existing SIP revisions, Early Action Compact SIP

revisions, and an Eight-Hour Ozone Flex Plan, is the basis of Texas' Eight-Hour Ozone and Fine Particulate

Matter (PM2.

5) Transport SIP revision submittal.

The control strategies defined in this SIP revision that are comparable to the CAIR program include: Utility

Electric Generation in Ozone Nonattainment Areas Emission Specifications for Attainment Demonstrations;

Utility Electric Generation in East and Central Texas Emission Specifications; Texas-specific legislation

from the 1999 76th session in Senate Bill 7 (SB 7) that requires a regional NOx cap and trade program; and a

Mass Emissions Cap and Trade program in the Houston-Galveston-Brazoria nonattainment area.

Information regarding additional control strategies in the eight-hour ozone SIP revisions, Early Action

Compact SIP revisions, an Eight-Hour Ozone Flex Plan, an eight-hour ozone maintenance plan, one-hour

ozone SIP revisions, One-Hour Ozone Flex Plans, one-hour ozone flexible attainment region SIP revision,

and the one-hour ozone regional SIP revision have also been incorporated into this SIP revision.

This SIP revision documents the appropriate supporting information that includes, but is not limited to:

background information, significant contribution elements, noninterference with maintenance elements,

prevention ofsignificant deterioration elements, and a visibility protection element.

Based on the EPA document, "Technical Support Document for the Final Clean Air Interstate Rule - Air

Quality Modeling, March 2005, " all of the nearest states' (Colorado, Arkansas, Tennessee, Missouri, and

Louisiana) nonattainment areas (Denver, Memphis-West Memphis, St. Louis, and Baton Rouge) will be

attaining the eight-hour ozone and PM2.

5 standards. Therefore, Texas has adequately addressed federal

requirements for potential transport issues associated with eight-hour ozone and PM2.5 and fulfilled its eighthour ozone and PM2.

5 transport SIP obligations through its participation in CAIR and the implementation of

ozone strategies for the one- and eight-hour standards.

Statutory authority:

The authority to propose and adopt the SIP is derived from Texas Health and Safety Code, Texas Clean Air

Act (TCAA), § 382.002, which provides that the policy and purpose ofthe TCAA is to safeguard the state's

air resources from pollution; TCAA, § 382.011, which authorizes the commission to control the quality of

the state's air; and § 382.012, which authorizes the commission to prepare and develop a general,

comprehensive plan for the control ofthe state's air.

Potentially controversial matters:

None. There are no additional control strategies or rules as part of this SIP revision. This SIP revision only

contains a summary of currently implemented strategies.
Commissioners

Page 3

March 28, 2008

Re: Docket No. 2007-1244-SIP

Public comment:

The 45-day public comment period opened on November 23,2007, and closed on January 7, 2008. A public

hearing was scheduled for December 11, 2007, in Austin. No commenters signed-up to provide oral

testimony; therefore, the hearing was not officially opened. One written comment was received during the

comment period from the Sierra Club - Houston Regional Group (Sierra Club). The overall concern from

the Sierra Club is that the commission is not doing enough to protect air quality in Texas, specifically in the

Houston-Galveston-Brazoria area.

Significant changes from proposal:

No changes were made to the proposed SIP revision from proposal to adoption.

Agency contacts:

Kim Herndon, Project Manager, 239-1421, Air Quality Division

Terry Salem, StaffAttorney, 239-0469

Attachments

cc: ChiefClerk, 5 copies

Executive Director's Office

David C. Schanbacher, P.E.

Ashley K. Wadick

Daniel Womack

Zak Covar

Office of General Counsel

Kim Herndon

Terry Salem
STAFF 

RECOMMENDATIONS
REVISIONS TO THE STATE IMPLEMENTATION PLAN (SIP)

CONCERNING OZONE (03) AND

FINE PARTICULATE MATTER (PM 2.S)

TRANSPORT EMISSIONS

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

P.O. BOX 13087

AUSTIN, TEXAS 78711-3087

DOCKET NO. 2007-1244-SIP

PROJECT NO. 2007-057-SIP-NR

Adopted

April 16, 2008
SECTION VI. CONTROL STRATEGY

A. Introduction (No change.)

B. Ozone (No change.)

C. Particulate Matter (No change.)

D. Carbon Monoxide (No change.)

E. Lead (No change.)

F. Oxides ofNitrogen (No change.)

G. Sulfur Dioxide (No change.)

H. Conformity with the National Ambient Air Quality Standards (NAAQS) (No change.)

I. Site Specific (No change.)

J. Mobile Source Strategies (No change.)

K. Clean Air Interstate Rule (No change.)

L. Transport (New.)

M. Regional Haze (Proposed December 2007.)
EXECUTIVE SUMMARY

This revision to the State Implementation Plan (SIP) for ozone (03) and fine particulate matter

(PM2.

S) transport sets forth how the Texas Commission on Environmental Quality (TCEQ) will

meet the Federal Clean Air Act (FCAA), section II O(a)(l) requirement for states to submit SIPs

within three years after the promulgation of new or revised National Ambient Air Quality

Standards (NAAQS) to meet the requirements of FCAA, § 110(a)(2), including FCAA, §

IIO(a)(2)(D)(i), relating to interstate transport of 0 3 and/or PM2.5. On July 18, 1997, the United

States Environmental Protection Agency (EPA) promulgated a revised NAAQS for ozone and a

revised NAAQS for particulate matter (PM). For ozone, the EPA replaced the one-hour standard

with an eight-hour standard and for PM, the EPA added a new 24-hour standard and a new annual

standard for particulate matter of 2.5 microns and less (PM2.5). The purpose of this SIP revision

is to document that any emissions from sources in Texas that may contribute to nonattainment in

another state have been mitigated through existing control strategies.

On April 25, 2005, the EPA published a finding of states' failure to submit in the Federal

Register (Volume 70, Number 78) that required SIPs relating to interstate transport of eight-hour

ozone and PM2.5. This publication started a two-year clock for the promulgation of a Federal

Implementation Plan (FIP). The finding of failure to submit identified Texas as a state that had

not properly addressed interstate transport pollution. Several areas in Texas are nonattainment for

the eight-hour ozone NAAQS, but the entire state is currently designated attainment for the 1997

24-hour and annual standards for PM2.S•

The EPA's "SIP Guidance on Section llO(a)(2)(D)(i) Findings of Failure to Submit" dated

August 11, 2006, notes that states participating in the Clean Air Interstate Rule (CAIR) will

. satisfy the transport SIP requirements for ozone and PM2.5 by submitting a CAIR SIP or by

relying on the CAIR FIP to demonstrate that emissions from Texas do not interfere with

attainment in another state. Texas is participating in the federal CAIR program for PM2.S and is

considered as having addressed annual sulfur dioxide (S02) and nitrogen oxides (NOx) transport

for PM2.5. Therefore, Texas' PM2.5 transport SIP obligation has been partially fulfilled by the

submission ofthe CAIR SIP to the EPA on August 3, 2006.

This SIP revision also includes verification that the Prevention of Significant Deterioration (PSD)

and Nonattainment New Source Review (NSR) permitting programs and the Protection of

Visibility requirements are being implemented in Texas.

Texas is not covered under the CAIR program for eight-hour ozone contribution. However, in

addition to the annual NOx reductions from the CAIR program Texas has a strategy in place for

the eastern part of the state to reduce NOx emissions from electric generating units. This

strategy, along with other NOx reducing programs in current ozone SIP revisions, is the basis of

Texas' Eight-Hour Ozone and Fine Particulate Matter (PM2.5) Transport SIP revision submittal.

The control strategies that are comparable to the CAIR program include: Utility Electric

Generation in Ozone Nonattainment Areas Emission Specifications for Attainment

Demonstrations; Utility Electric Generation in East and Central Texas Emission Specifications;

Texas-specific legislation from the 1999 76m session in Senate Bill 7 (SB 7) that requires a

regional NOx cap and trade program; and a Mass Emissions Cap and Trade (MECT) program in

the Houston-Galveston-Brazoria nonattainment area.

The combined electric generating unit (EGU) specific strategies listed above have reduced NOx

by an estimated 598 tons per day from 2000 through 2005. This equates to an estimated 218,270

tons per year. Control strategy modeling indicates that an additional two tons per day will be

ES-l
reduced by 2009, for a total of 600 tons per day or 219,000 tons per year. In addition, the

Houston-Galveston-Brazoria (HGB) MECT program for non-electric generating facilities has

reduced NOx emissions an additional 105 tons per day or 38,325 tons per year from 2000 through

2004, with an additional 76 tons per day or 27,740 tons per year reduction expected in 2009. In

addition to the listed reductions that are consistent with CAIR, Texas has numerous other

strategies through eight- and one-hour ozone initiatives that are described in Chapter 2. These

strategies include, but are not limited to: programs to reduce NOx emissions from major

industrial, commercial, and institutional sources; cement kiln controls; transportation control

measures (TCMs); local voluntary mobile source emission reduction programs (VMEP); Texas

Low Emission Diesel (TxLED); and the Texas Emission Reduction Program (TERP).

In addition to the control strategies that are already in place to reduce NOx emissions in Texas, an

EPA document, "Technical Support Document for the Final Clean Air Interstate Rule - Air

Quality Modeling, March 2005," states that modeling predicts that all four of the nonattainment

areas (Denver, Memphis-West Memphis, St. Louis, and Baton Rouge) in states nearest to Texas

(Colorado, Arkansas, Tennessee, Missouri, and Louisiana) will be attaining the eight-hour ozone

standard in 2010 after CAIR emissions reductions have been made. The EPA's analysis included

Texas emissions east of Laredo, including the Beaumont-Port Arthur, Dallas-Fort Worth, and the

Houston-Galveston-Brazoria nonattainment areas.

In conclusion, the existing environmental and technical work contained in the EPA's document,

"Technical Support Document for the Final Clean Air Interstate Rule - Air Quality Modeling,

March 2005," confirms that all nonattainment areas in adjacent states will be attaining the eighthour ozone standard. In addition, the EPA's recognition that CAIR is adequate to demonstrate

compliance with the PM2.5 transport requirements shows Texas has adequately addressed any

potential transport issues associated with eight-hour ozone and PM2.5 and fulfilled its eight-hour

ozone and PM2.5 transport SIP obligations.

ES-2
SECTION V: LEGAL AUTHORlTY

A. General

The TCEQ has the legal authority to implement, maintain, and enforce the NAAQS.

The first air pollution control act, known as the Clean Air Act ofTexas, was passed by the Texas

Legislature in 1965. In 1967, the Clean Air Act of Texas was superseded by a more

comprehensive statute, the Texas Clean Air Act (TCAA), found in Article 4477-5, Vernon's

Texas Civil Statutes. The Legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985,

1987,1989,1991,1993,1995,1997,1999,2001,2003,2005 and 2007. In 1989, the TCAA was

codified as Chapter 382 ofthe Texas Health & Safety Code.

Originally, the TCAA stated that the Texas Air Control Board (TACB) is the state air pollution

control agency and is the principal authority in the state on matters relating to the quality of air

. resources. In 1991, the Texas Legislature abolished the TACB effective September I, 1993, and

its powers, duties, responsibilities, and functions were transferred to the Texas Natural Resource

Conservation Commission (TNRCC). With the creation of the TNRCC, the authority over air

quality is found in both the Texas Water Code and the TCAA. Specifically, the authority ofthe

TNRCC is found in Chapters 5 and 7. Chapter 5, Subchapters A - F, H - J, and L, include the

general provisions, organization and general powers and duties of the TNRCC, and the

responsibilities and authority ofthe Executive Director. This Chapter also authorizes the TNRCC

to implement action when emergency conditions arise and to conduct hearings. Chapter 7 gives

the TNRCC enforcement authority. In 2001, the 77th Texas Legislature continued the existence

of the TNRCC until September I, 2013, and changed the name of the TNRCC to the Texas

Commission on Environmental Quality (TCEQ).

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in

the state's air and to control the quality of the state's air by preparing and developing a general,

comprehensive plan. The TCAA, Subchapters A - D, also authorize the TCEQ to collect

information to enable the commission to develop an inventory of emissions; conduct research and

investigations; enter property and examine records; prescribe monitoring requirements; institute

enforcement proceedings; enter into contracts and execute instruments; formulate rules; issue

orders taking into consideration factors bearing upon health, welfare, social and economic factors,

and practicability and reasonableness; conduct hearings; establish air quality control regions;

encourage cooperation with citizens' groups and other agencies and political subdivisions of the

state as well as with industries and the Federal Government; and establish and operate a system of

permits for construction or modification offacilities.

Local government authority is found in Subchapter E of the TCAA. Local governments have the

same power as the TCEQ to enter property and make inspections. They also may make

recommendations to the commission concerning any action of the TCEQ that affects their

territorial jurisdiction, may bring enforcement actions, and may execute cooperative agreements

with the TCEQ or other local governments. In addition, a city or town may enact and enforce

ordinances for the control and abatement of air pollution not inconsistent with the provisions of

the TCAA or the rules or orders ofthe commission.

Subchapters F, G, and H of the TCAA authorize the TCEQ to establish low emission vehicle

requirements for mass transit authorities, local government fleets, and private fleets; create a

mobile emissions reduction credit program; establish vehicle inspection and maintenance

programs in certain areas of the state, consistent with the requirements of the federal Clean Air

Act; establish gasoline volatility and low emission diesel standards; and fund and authorize
participating counties to implement low-income vehicle repair assistance, retrofit and accelerated

vehicle retirement programs.

B. Applicable Law

The following statutes and rules provide necessary authority to adopt and implement the SIP.

The rules listed below have previously been submitted as part ofthe SIP.

Statutes

TEXAS HEALTH & SAFETY CODE, Chapter 382

TEXAS WATER CODE

All sections of each subchapter are included, unless otherwise noted.

September I, 2007

September 1, 2007

Subchapter H:

Subchapter I:

Subchapter J:

Subchapter L:

Chapter 5: Texas Natural Resource Conservation Commission

Subchapter A: General Provisions

Subchapter B: Organization ofthe Texas Natural Resource Conservation Commission

Subchapter C: Texas Natural Resource Conservation Commission

Subchapter D: General Powers and Duties ofthe Commission

Subchapter E: Administrative Provisions for Commission

SubchapterF: Executive Director (except §§ 5.225, 5.226, 5.227, 5.2275,5.231,5.232, and

5.236)

Delegation of Hearings

Judicial Review

Consolidated Permit Processing

Emergency and Temporary Orders (§§ 5.514, 5.5145 and 5.515 only)

Chapter 7: Enforcement

Subchapter A: General Provisions (§§ 7.001,7.002,7.00251,7.0025,7.004, 7.005 only)

Subchapter B: Corrective Action and Injunctive Relief (§ 7.032 only)

Subchapter C: Administrative Penalties

Subchapter D: Civil Penalties (except § 7.109)

SubchapterE: Criminal Offenses and Penalties: §§ 7.177, 7.179-7.183

Rules

All of the following rules are found in Title 30, Texas Administrative Code, as of the following

effective dates:

Chapter 7, Memoranda of Understanding, §§ 7.110 and 7.119

Chapter 19, Electronic Reporting

Chapter 35, Subchapters A-C, K: Emergency and Temporary

Orders and Permits; Temporary Suspension or Amendment of

Permit Conditions

Chapter 39, Public Notice, §§ 39.201; 39.401; 39.403(a) and

(b)(8)-(1O); 39.405(f)(1) and (g);39.409; 39.411 (a), (b)(1)-(6)

and (8)-(10) and (c)(1)-(6) and (d); 39.413(9), (11), (12) and (14);

39.418(a) and (b)(3) and (4); 39.419(a), (b),(d) and (e);

39.420(a), (b) and (c)(3) and (4); 39.423 (a) and (b); 39.601;

11

May 2, 2002

March 1, 2007

July 20, 2006

March 29, 2006
39.602; 39.603; 39.604; and 39.605

Chapter 55, Request for Contested Case Hearings; Public July 5, 2006

Comment, §§ 55.1; 55.2I(a) - (d), (e)(2), (3) and {l2), (f) and (g);

55.101(a), (b), (c)(6) - (8); 55.103; 55.150; 55.152(a)(l), (2) and

(6) and (b); 55.154; 55.156; 55.200; 55.201(a) - (h); 55.203;

55.205; 55.209 and 55.211

Chapter 101: General Air Quality Rules August 16, 2007

Chapter 106: Permits by Rule, Subchapter A June 30, 2004

Chapter Ill: Control ofAir Pollution from Visible Emissions July 19,2006

and Particulate Matter

Chapter 112: Control ofAir Pollution from Sulfur Compounds July 16, 1997

Chapter 113: Standards ofPerformance for Hazardous Air Pollutants December 27,2007

and for Designated Facilities and Pollutants

Chapter 114: Control ofAir Pollution from Motor Vehicles January 6, 2008

Chapter 115: Control ofAir Pollution from Volatile Organic Compounds July 19,2007

Chapter 116: Permits for New Construction or Modification January 10,2008

Chapter 117: Control ofAir Pollution from Nitrogen Compounds June 14, 2007

Chapter 118: Control of Air Pollution Episodes March 5, 2000

Chapter 122, § 122.122: Potential to Emit December 11, 2002

Chapter 122, § 122.215: Minor Permit Revisions June 3, 2001

Chapter 122, § 122.216: Applications for Minor Permit Revisions June 3,2001

Chapter 122, § 122.217: Procedures for Minor Permit Revisions December 11, 2002

Chapter 122, § 122.218: Minor Pennit Revision Procedures for Pennit Revisions June 3,2001

Involving the Use of Economic Incentives, Marketable Permits, and Emissions Trading

III
LIST OF ACRONYMSBPA - Beaumont~Port Arthur

CAIR - Clean Air Interstate Rule

CARE - Clean Air Responsibility Enterprise

CFR - Code of Federal Regulations

CO - Carbon Monoxide

DFW - Dallas-Fort Worth

EAC - Early Action Compact

EGF - Electric Generating Facility

EGU - Electric Generating Units

EPA - United States Environmental Protection Agency

FAR - Flexible Attainment Region

FCAA - Federal Clean Air Act

FIP - Federal Implementation Plan

FR - Federal Register

HECT - HRVOC Emission Cap and Tr<:lde

HGB - Houston-Galveston-Brazoria

HRVOC - Highly Reactive Volatile Organic Compound

lOP - Increment of Progress

Lb- Pound

LDAR - Leak Detection and Repair

MECT - Mass Emission Cap and Trade

MMBtu - Million British Thermal Unit

MVEB - Motor Vehicle Emissions Budget

MWe - Megawatt Electrical

MWh - Megawatt Hour

MOA - Memorandum of Agreement

NAAQS - National Ambient Air Quality Standards

NCTCOG - North Central Texas Council of Governments

NEGU - Non-Electric Generating Facilities

NLEV - National Low Emission Vehicle

NOx - Nitrogen Oxides or Oxides ofNitrogen

NSR - New Source Review

0 3 - Ozone

PAL - Flexible Plant-wide Applicability Limit Permit

PM - Particulate Matter

PMIO - Particulate Matter 10 microns and less

PM2.5 - Particulate Matter 2.5 microns and less

PSD - Prevention of Significant Deterioration

PUC - Public Utility Commission ofTexas

RACM - Reasonable Available Control Measure

RACT - Reasonable Available Control Technology

ROP - Rate of Progress

SB - Senate Bill

SIP - State Implementation Plan

S02 - Sulfur Dioxide

TAC -Texas Administrative Code

TACB - Texas Air Control Board

TCAA - Texas Clean Air Act

TCEQ - Texas Commission on Environmental Quality (commission)

IV
TCM - Transportation Control Measure

TPD - Tons per Day

TPOD - Tons per Ozone Day

TERM - Transportation Emission Reduction Measure

TERP - Texas Emission Reduction Plan

TexAQS - Texas Air Quality Study

TNRCC - Texas Natural Resource Conservation Commission

TPY - Tons per Year

TxLED - Texas Low Emission Diesel

VMEP - Voluntary Mobile Source Emission Reduction Program

VOC - Volatile Organic Compound

WoE - Weight ofEvidence

v
REVISIONS TO THE STATE IMPLEMENTATION PLAN (SIP)

CONCERNING OZONE (03) AND

FINE PARTICIUTLATE MATTER (PM 2.S)

TRANSPORT EMISSIONS

TABLE OF CONTENTS

Chapter 1: GENERAL

1.1 Background

1.2 Introduction

1.3 Health Effects

1.4 Public Hearing and Commenters

1.5 Social and Economic Considerations

1.6 Fiscal and Manpower Resources

1.7 Coordination with Local Agencies

1.8 Organization Responsible for Development, Implementation, and Enforcement

1.9 . Data Availability

Chapter 2: REQUIRED CONTROL STRATEGY ELEMENTS

2.1 Background

2.2 Control Strategy Overview

2.2.1 Significant Contribution and Interfere Maintenance Elements

2.2.1.1 - Utility Electric Generation in Ozone Nonattainment Areas

Emission Specifications for Attainment Demonstrations

2.2.1.2. - Utility Electric Generation in East and Central Texas Emission

Specifications

2.2.1.3 - Senate Bill 7 (76tD Texas Legislature)

2.2.1.4 - Houston-Ga1veston-Brazoria Mass Emission Cap and Trade

(MECT)

2.2.1.5 - Summary ofEmission Reductions Related to Electric

Generating Unit Strategies

2.2.2. Eight-Hour Ozone State Implementation Plan (SIP) Revisions

2.2.2.1 - Houston-Galveston-Brazoria Eight-Hour Ozone SIP Revision

2.2.2.2 - Dallas-Fort Worth Eight-Hour Ozone SIP Revision

2.2.2.3 - Beaumont-Port Arthur Eight-Hour Ozone SIP Revisions

2.2.2.4 - Austin-Round Rock Eight-Hour Ozone Early Action Compact

SIP Revision

VI
2.2.2.5 - Northeast Texas Eight-Hour Ozone Early Action Compact SIP

Revision

2.2.2.6 - San Antonio Area Eight-Hour Ozone Early Action Compact

SIP Revision

2.2.2.7 - Corpus Christi Eight-Hour Ozone Flex Plan

2.2.2.8 - Victoria County Eight-Hour Ozone Maintenance Plan

2.2.2.9 - El Paso County Eight-Hour Ozone Maintenance Plan

2.2.3 One-Hour Ozone State Implementation Plan (SIP) Revisions

2.2.3.1 - Houston-Galveston-Brazoria One-Hour Ozone Attainment SIP

Revisions

2.2.3.2 - Dallas-Fort Worth One-Hour Ozone Attainment SIP Revisions

2.2.3.3 - Beaumont-Port Arthur One-Hour Ozone Attainment SIP

Revisions

2.2.3.4 - Northeast Texas Flexible Attainment Region (FAR) One-Hour

Ozone SIP Revisions

2.2.3.5 - Regional One-Hour Ozone SIP Revision

2.2.3.6 - One-Hour Ozone Flexible Agreements

2.2.3.6.1 - Austin-San Marcos Metropolitan Statistical Area

One-Hour Ozone Flex Plan

2.2.3.6.2 - Corpus Christi One-Hour Ozone Flex Plan

2.2.4 General State Implementation Plan (SIP) Revision Information

2.2.5 Prevention of Significant Deterioration (PSD) and Nonattainment New

Source Review (NSR) Elements

2.2.5.1 Eight-Hour Ozone

2.2.5.2 Fine Particulate Matter (PM2.

5)

2.2.5.3 Emission Credits

2.2.6 Protection of Visibility Element

Chapter 3: FUTURE AITAINMENT PLANS

vii
viii
Appendix

A

B

C

D

LIST OF APPENDICES

Appendix Name

Maps of Distances from Texas Eight-Hour Ozone Nonattainment Areas to

the Four Nearest Nonattainment Areas in Adjacent States

Major Point Source NOx Rules and Reductions Promulgated in Texas

Since 2000

Texas Electric Generating Utility NOx Control Strategies Compared to the

Clean Air Interstate Rule (CAIR)

Response to Comments

IX
Number

2-1

LIST OF TABLE

Table Name

Distances from Texas Eight-Hour Ozone Nonattainment Areas to the Four

Nearest-Nonattainment Areas in Adjacent States

x
CHAPTER 1: GENERAL

1.1 BACKGROUND

"The History of the Texas State Implementation Plan (SIP)," a comprehensive overview of the

SIP revisions submitted to the EPA by the State ofTexas, is available at the following Web site:

http://www.tceq.state.tx.us/nav/eg/sip.htm] .

1.2 INTRODUCTION

This revision to the SIP for the transport of ozone and fine particulate matter of 2.5 microns and

less (PM2.5) sets forth how the Texas Commission on Environmental Quality (TCEQ) will meet

the requirements of FCAA Section 110(a)(2)(D)(i) that requires states to submit a SIP that

contains adequate provisions that prohibit any source or other type of emissions activity within

the state from emitting any air pollutants in amounts that will:

• contribute significantly to nonattainment of the National Ambient Air Quality Standards

(NAAQS) for areas in other states;

• interfere with maintenance ofthe NAAQS by any other state;

• interfere with measures required to meet an implementation plan for any other state

related to Prevention of Significant Deterioration (PSD); and

• interfere with measures required to meet the implementation plan for any other state

related to regional haze and visibility.

On July 18, 1997, the United States Environmental Protection Agency (EPA) promulgated a

revised NAAQS for ozone and a revised NAAQS for particulate matter (PM). For ozone, the

EPA replaced the one-hour standard with an eight-hour standard. The EPA also added a new 24-

hour standard and a new annual standard for PM2.5. The FCAA, section llO(a)(l) requires states

to submit SIPs within three years after the promulgation of new or revised NAAQS that meet the

requirements of FCAA, §llO(a)(2), including FCAA, §11 0(a)(2)(D)(i), relating to interstate

transport ofpollution.

On April 25, 2005, the EPA published a finding of failure to submit SIPs relating to interstate

transport in the Federal Register (Volume 70, Number 78), starting a two-year clock for the

promulgation of a Federal Implementation Plan (FIP). The finding of failure to submit identified

Texas as a state that had not properly addressed interstate transport in its SIP.

The EPA's "SIP Guidance on Section llO(a)(2)(D)(i) Findings of Failure to Submit" dated

August 11, 2006, notes that states participating in the Clean Air Interstate Rule (CAIR) will

satisfy the transport SIP requirements for ozone and PM2.5 by submitting a CAlR SIP or by

relying on the CAIR Federal Implementation Plan (FIP) to demonstrate that emissions from

Texas do not interfere with attainment in another state. Texas is participating in the federal CAIR

program for PM2.5 and thus EPA's guidance is considered as having addressed annual sulfur

dioxide (S02) and nitrogen oxides (NOx) transport for PM2.5. Therefore, Texas' PM2.5 transport

SIP obligation has been partially fulfilled by the submission of the CAIR SIP to the EPA on

August 3, 2006. In order to completely fulfill obligations related to interstate transport of ozone

and PM2.5, this SIP revision includes verification that the Prevention of Significant Deterioration

1-1
PSD) and Nonattainment New Source Review (NSR) pennitting programs and the Protection of

Visibility requirements are being implemented in Texas.

Texas is not covered under the CAIR program for eight-hour ozone. However, in addition to the

annual NOx reductions from the CAIR program, in 1999 the state implemented a strategy in the

eastern part of Texas to reduce NOx emissions from electric generating units (EGU). The CAIR

strategy, along with other NOx reducing programs from Texas Eight-Hour Ozone SIP revisions,

Early Action Compact (EAC) SIP revisions, an Eight-Hour Ozone Flex Program, Eight-Hour

Maintenance Plans, and One-Hour Ozone SIP revisions are described under Section 2.2, "Control

Strategy Overview." The combination of these NOx reduction programs fulfills the state's

obligation for an ozone transport SIP. The control strategies in the SIP revisions include:

• Utility Electric Generation in Ozone Nonattainment Areas Emission Specifications for

Attainment Demonstrations;

• Utility Electric Generation in East and Central Texas Emission Specifications;

• Texas-specific legislation from the 1999 76th session in Senate Bill 7 (SB 7) that

required emissions reductions of approximately 50 percent under a regional NOx cap

and trade program;

• Houston-Galveston-Brazoria nonattainment area Mass Emissions Cap and Trade

(MECT) program that required NOx reductions of approximately 80 percent across

NOx point sources;

• Eight-Hour Ozone State Implementation Plan Revisions for the Houston-GalvestonBrazoria, Dallas-Fort Worth, and Beaumont-Port Arthur areas;

• Eight-Hour Ozone Early Action Compact State Implementation Plan Revisions for

Austin-Round Rock, Northeast Texas, and the San Antonio areas;

• Eight-Hour Ozone Flex Plan in the Corpus Christi area;

• Eight-Hour Ozone Maintenance Plans for Victoria County and EI Paso County;

• One-Hour Ozone State Implementation Plan Revisions for Houston-GalvestonBrazoria, Dallas-Fort Worth, Beaumont-Port Arthur, Northeast Texas and Regional;

• One-Hour Ozone Flex Plans for Austin and Corpus Christi areas;

• One-Hour Ozone Northeast Texas Flexible Attainment Region State Implementation

Plan Revision; and the

• One-Hour Ozone Regional State Implementation Plan Revision.

Current Revision

This SIP revision contains several elements that provide infonnation on how Texas is:

• not contributing significantly to nonattainment of the ozone and PM2.5 NAAQS for

areas in other states;

1-2
• not interfering with the maintenance of the ozone and PM2.5 NAAQS in any other

state;

• not interfering with measures required to meet an implementation plan for any other

state related to PSD; and

• not interfering with measures required to meet the implementation plan for any other

state related to regional haze and visibility.

1.3 HEALTH EFFECTS

In 1997, the EPA revised the NAAQS for ozone from a one-hour to an eight-hour standard based

on scientific data that indicated that the eight-hour standard provides better protection of public

health from longer-term exposures to moderate levels of ozone. To support the eight-hour ozone

standard, the EPA provided information that indicated that even low levels of ozone can decrease

lung capacity temporarily in some healthy adults and cause inflammation of lung tissue,

aggravate asthma, and make people more susceptible to respiratory illnesses such as bronchitis

and pneumonia.

Children are at a higher risk from exposure to ozone, since they breathe more air per pound of

body weight than adults and because children's respiratory systems are still developing. Children

also spend a considerable amount of time outdoors during summer and during the start of the

school year (August-October) when the highest ozone levels are recorded. Adults most at risk to

ozone exposure are outdoor workers, people exercising outside, and individuals with pre-existing

respiratory diseases.

Also in 1997, the EPA revised the NAAQS for particulate matter (PM). Fine particles and

precursor pollutants are emitted by a wide range of sources, including power plants, cars, trucks,

industrial sources, and other burning or combustion-related activities. The EPA has noted the

following health effects associated with PM2.5 exposure: premature death, aggravation of heart

and lung disease, and asthma attacks. Older adults, people with heart and lung disease, and

children are particularly sensitive to PM2.5•

d 1

1.4 PUBLIC HEARING AND COMMENTERS

The commISSIon 0 pened a publ·IC h h earmg at teofi 11owmg tIme an ocatlOn:

CITY DATE TIME LOCATION

Austin December 11, 2007 10:00 a.m. Texas Commission on Environmental Quality

12100 Park 35 Circle

Building B, Room 20IA

The public comment period was opened on November 23,2007, and closed on January 7, 2008.

The comment period was 45-days long. An opportunity to provide public comment was offered

at a public hearing scheduled in Austin, Texas, on December 11, 2007; however, no oral

comments were provided at the hearing. One written comment was received during the comment

period from the Sierra Club - Houston Regional Group (Sierra Club). The response to the Sierra

Club's comments can be found in Appendix D.

1-3
Copies ofthe adopted SIP revision and its appendix can be obtained from the TCEQ's Web site at

http://www.tceq.state.tx.us/nav/eq/sip.htmlor upon request to:

Texas Commission on Environmental Quality

Air Quality Division

P. O. Box 13087

Mail Code 206

Austin, Texas 78711-3087

Re: Ozone and PM2.5 Transport SIP Infonnation

1.5 SOCIAL AND ECONOMIC CONSIDERATIONS

For a detailed explanation ofthe social and economic issues involved with any ofthe measures in

this SIP submission, please refer to the preambles that precede each adopted rule package of the

following referenced rules in previously adopted SIPs and rules for the measure specified in the

SIP.

• Utility Electric Generation in Ozone Nonattainment Areas Emission Specifications for

Attainment Demonstrations, Houston-Galveston-Brazoria, Dallas-Fort Worth, and

Beaumont-Port Arthur, areas can be found in 30 Texas Administrative Code (TAC)

Chapter 117, Subchapter B, Division 2;

• Utility Electric Generation in East and Central Texas can be found in 30 TAC Chapter

117, Subchapter B, Division 2;

• Senate Bill 7 Regional NOx Cap can be found in TAC Chapter 101, Subchapter H,

Division 2;

• Mass Emission Cap and Trade can be found in 30 TAC Chapter 101, Subchapter H,

Division 3;

• Eight-Hour Ozone State Implementation Plan Revisions for the Houston-GalvestonBrazoria, Dallas-Fort Worth, and Beaumont-Port Arthur areas;

• Eight-Hour Ozone Early Action Compact State Implementation Plan Revisions for

Austin-Round Rock, Northeast Texas, and the San Antonio areas;

• Eight-Hour Ozone Flex Program in the Corpus Christi area;

• Eight-Hour Ozone Maintenance Plan for Victoria County;

• One-Hour Ozone State Implementation Plan Revisions for Houston-GalvestonBrazoria, Dallas-Fort Worth, Beaumont-Port Arthur, and Regional;

• One-Hour Ozone Flex Programs for Austin-Round Rock area and the Corpus Christi

area;

• One-Hour Ozone Northeast Texas Flexible Attainment Region; and the

• One-Hour Ozone Regional State Implementation Plan Revision.

1-4
Specific infonnation regarding social and economic considerations for these SIP revisions, EACs,

and the ozone flex programs can be found within these packages. These documents can be found

at: http://www.tceq.state.tx.us/nav/eg/sip.html

1.6 FISCAL AND MANPOWER RESOURCES

The TCEQ has determined that its fiscal and manpower resources are adequate and will not be

adversely affected through the implementation of this plan. Specific infonnation regarding the

TCEQ budget is available upon request.

1.7 COORDINATION WITH LOCAL AGENCIES

The TCEQ has detennined that there will be no assignment to local agencies. However, preexisting assignments to local agencies regarding various enforcement activities remain in effect

and could be utilized if enforcement activities are delegated to the TCEQ from the EPA.

1.8 ORGANIZATIONS RESPONSIBLE FOR DEVELOPMENT, IMPLEMENTATION,

AND ENFORCEMENT

The TCEQ is the agency delegated authority by the Texas Legislature regarding the protection of

air quality in the State of Texas. Other local government entities also have limited authority

regarding air quality matters in the State ofTexas.

1.9 DATA AVAILABILITY

The TCEQ affinns that it will retain all data used in the preparation of this SIP revision. All

supporting documentation and data are available from the TCEQ upon request or are publicly

available via the TCEQ Web site at: http://v.'Ww.tceq.state.tx.us/nav/eg/sip.html.

Additional infonnation may be subject to confidentiality restrictions, if applicable.

1-5
CHAPTER 2: REQUIRED CONTROL STRATEGY ELEMENTS

2.1 BACKGROUND

Texas is not covered under the Clean Air Interstate Rule (CAIR) program for eight-hour ozone.

However, in addition to the annual nitrogen oxides (NOx) reductions from the CAIR program, in

1999 the state implemented a strategy in the eastern part of Texas to reduce NOx emissions from

electric generating units (EGUs). The CAIR strategy, along with other NOx reducing programs

from Texas Eight-Hour Ozone SIP revisions, Early Action Compact (EAC) SIP revisions, EightHour Maintenance Plans, an Eight-Hour Ozone Flex Program, One-Hour Ozone SIP revisions, a

One-Hour Ozone Flexible Attainment Region SIP revision, and One-Hour Ozone Flexible

Agreements are described under Sections 2.2.1 through 2.2.3 in this chapter. The combination of

these NOx reduction programs fulfills the state's obligation for an ozone transport SIP. The

control strategies specific to EGUs include:

•

•

•

Utility Electric Generation in Ozone Nonattainment Areas Emission

Specifications for Attainment Demonstrations;

. Utility Electric Generation in East and Central Texas Emission

Specifications;

Texas-specific legislation from the 1999 76tlI session in Senate Bill 7 (SB 7)

that requires NOx reductions through a regional cap and trade program; and

Mass Emissions Cap and Trade (MECT) program in the Houston-GalvestonBrazoria nonattainment area.

In addition to EGU control strategies specific for NOx controls in Eastern Texas, Texas has eighthour ozone SIP revisions in place for the Houston-Galveston-Brazoria (HGB) area, the DallasFort Worth (DFW) area, and the Beaumont-Port Arthur (BPA) area, as well as maintenance plans

for Victoria and El Paso. The state also has Early Action Compact SIP revisions for Eight-Hour

Ozone in place for the Austin-Round Rock area, the Northeast Texas area, and the San Antonio

area. An Eight-Hour Ozone Flex Program is in place for Corpus Christi, as well as Eight-Hour

Ozone Maintenance Plans for Victoria and EI Paso. One-Hour Ozone SIP revisions were

developed for HGB, DFW, BPA, Northeast Texas, and a Regional Strategy, as well as One-Hour

Ozone Flexible Agreements for the Austin-San Marcos Metropolitan Statistical Area and Corpus

Christi. For PM25, Texas is included in the federal CAIR and has submitted a CAIR SIP to the

United States Environmental Protection Agency (EPA).

2.2 CONTROL STRATEGY OVERVIEW

The EPA's guidance for interstate transport SIPs requires states to submit a SIP revision that

contains adequate provisions that prohibit any source or other type of emissions activity within

the state from emitting any air pollutants in amounts that will:

(1) contribute significantly to nonattainment of the National Ambient Air Quality

Standards (NAAQS) for areas in other states;

(2) interfere with maintenance ofthe NAAQS in any other state;

(3) interfere with measures required to meet an implementation plan for any other state

related to Prevention of Significant Deterioration (PSD); and

2-1
(4) interfere with measures required to meet the implementation plan for any other state

related to regional haze and visibility.

2.2.1 Significant Contributions and Interfere with Maintenance Elements

Texas is making a section 110(a)(2)(D)(i) SIP submission to address significant contribution to

nonattainment and interference with maintenance ofthe eight-hour ozone standard in another state,

because Texas is not covered by CAIR for eight-hour ozone. The commission concurs with the

EPA's CAIR modeling EPA document, "Technical Support Document for the Final Clean Air

Interstate Rule - Air Quality Modeling, March 2005," which states modeling for all four of the

nearest non-Texas nonattainment cities (Denver, Memphis-West Memphis, St. Louis, and Baton

Rouge) will be attaining the eight-hour ozone standard in 2010 after CAIR emissions reductions

have been made. In addition to implementing CAIR for PM2.5, Texas has implemented

requirements for emission reductions from EGUs, which provides assurances that emissions from

Texas will not significantly contribute to nonattainment or interfere with maintenance of the

NAAQS in another state. Table 2-1, Distancesfrom Texas Eight-Hour Ozone Nonattainment Areas

to the Four Nearest-Nonattainment Areas in Adjacent States, provides a listing ofthe mileage from

the center ofthe nonattainment areas in Texas and the nearest outer boundary of the nonattainment

areas in Texas to Denver, Memphis-West Memphis, St. Louis, and Baton Rouge. Appendix A

provides maps ofthese locations.

Table 2-1 Distances from Texas Eight-Hour Ozone Nonattainment Areas to the Four NearestNonattainment Areas in Ad'acent States

HGB

from Nonattainment

in Miles

Distance

Area to Ci

Dallas Houston DFW

City Distance from City to City in

Miles

St. Louis

The following infonnation provides additional support to the EPA's modeling that Texas does not

significantly contribute to nonattainment or interfere with maintenance ofthe NAAQS in another

state. The additional supporting infonnation focuses specifically on ozone specific EGU

strategies that correspond with the EPA's CAIR ozone program. Additional infonnation is

provided regarding other eight-hour ozone strategies in ozone SIP revisiqns, EAC SIP revisions,

the ozone flex program in Corpus Christi, and ozone maintenance plans. Additional infonnation

regarding one-hour ozone strategies within one-hour ozone SIP revisions and one-hour ozone

flexible agreements has also been provided.

2.2.1.1 Utility Electric Generation in Ozone Nonattainment Areas Emission Specifications for

Attainment Demonstrations

The regulatory provisions relating to the Utility Electric Generation in Ozone Nonattainment

Areas Emission Specifications for Attainment Demonstrations require different specifications for

each nonattainment area in Texas. These provisions apply to each electric generating facility that

generates electric energy for compensation, or are owned or operated by a municipality or Public

Utility Commission of Texas (PUC) regulated utility or any of its successors, regardless of

whether the successor is a municipality or is regulated by the PUC. The compliance date for

these provisions was May 1, 2005.

2-2
Specific provisions in place for the specified nonattainment areas in Texas are described below:

-Houston-Galveston-Brazoria. The owner or operator of each utility boiler, auxiliary

steam boiler, or stationary gas turbine located in the HGB eight-hour ozone

nonattainment area must ensure that NOx emissions do not exceed the lower of any

applicable permit limit in a permit issued on or after January 2, 2001, for which the

owner or operator submitted an application determined to be administratively complete

by the executive director before January 2, 200 I; any limit in a permit by rule under

which construction commenced by January 2, 200 I; or the following rates, in pounds per

million British thermal units (lb/MMBtu) heat input, on the basis of daily and 30-day

averaging periods specified in 30 Texas Administrative Code (TAC) 117.108 and as

specified in the Mass Emissions Cap and Trade (MECT) program in 30 TAC Chapter

101. NOx rates used to determine the daily and 30-day averaging caps for utility boilers

include a range of: gas-fired 0.030 Ib/MMBtu; coal-fired and oil-fired 0.050 Ib/MMBtu

for wall-fired and 0.045 Ib/MMBtu for tangential-fired; auxiliary steam boilers 0.030

Ib/MMBtu; and stationary gas turbines 0.032 Ib/MMBtu (including duct burners used in

turbine exhaust ducts).

-Dallas-Fort Worth. The owner or operator of each utility boiler located in the DFW

eight-hour ozone nonattainment area must ensure that emissions of NOx do not exceed

0.033 Ib/MMBtu heat input from boilers that are part of a large DFW system, and 0.06

Ib/MMBtu heat input from boilers that are part of a small DFW system, on a daily

average or through the provisions of a limited system cap.

-Beaumont-Port Arthur. The owner or operator of each utility boiler located in the BPA

eight-hour ozone nonattainment area must ensure that NOx emissions do not exceed 0.10

Ib/MMBtu heat input on a daily average except as provided by the system cap or the use

of emissions credits for compliance.

The above rules affecting the HGB, DFW, and BPA areas can be found in 30 TAC Chapter 117,

Subchapter B, Division 2. The rules were published in the Texas Register on June 21, 2002, and

the public comment period ended on July 22, 2002. The adopted rule package was published in

the Texas Register on January 3, 2003. The effective date of the rule package was January 17,

2003.

2.2.1.2 Utility Electric Generation in East and Central Texas Emission Specifications

The provisions relating to the Utility Electric Generation in East and Central Texas apply to each

utility electric power boiler and stationary gas turbine, including duct burners used in turbine

exhaust ducts, that: generate electric energy for compensation; are owned by an electric

cooperative, independent power producer, municipality, river authority, or public utility; and are

located in Atascosa, Bastrop, Bexar, Brazos, Calhoun, Cherokee, Fannin, Fayette, Freestone,

Goliad, Gregg, Grimes, Harrison, Henderson, Hood, Hunt, Lamar, Limestone, Marion,

McLennen, Milam, Morris, Nueces, Parker, Red River, Robertson, Rusk, Titus, Travis, Victoria,

or Wharton County. Utility electric power boilers and stationary gas turbines (including duct

burners used in turbine exhaust ducts) must ensure that electric power boilers' NOx emissions do

not exceed specific rates in Ib/MMBtu. The rates are 0.14 Ib/MMBtu for gas-fired units and

0.165 Ib/MMBtu for coal-fired units based on heat input on an annual (calendar year) average.

The compliance date for these requirements was May I, 2005. This rule, 30 TAC Chapter 117,

Subchapter B, Division 2, was published in the Texas Register on June 21, 2002, and the public

comment period ended on July 22, 2002. The adopted rule package was published in the Texas

Register on January 3,2003. The effective date ofthe rule package was January 17,2003.

2-3
2.2.1.3 Senate Bill 7 (76th Texas Legislature)

Senate Bill (SB) 7, 76th Texas Legislature session, requires a cap and trade program for

previously grandfathered, or unpermitted, electric generating facilities and other electric

generating facilities that choose to participate in the cap and trade program. The NOx allowances

were determined using a NOx rate of 0.14 Ib NOx /MMbtu for grandfathered facilities in the East

Texas region and a rate of 0.195 Ib NOx/MMbtu for the grandfathered facilities in the West Texas

and EI Paso region.

The first control period for this program began on May 1, 2003. The last revision on this rule

package, 30 TAC Chapter 101, Subchapter H, Division 2, was published in the Texas Register on

September 10, 1999, and the public comment period ended on October 11, 1999. The adopted

rule package was published in the Texas Register on January 7, 2000. The effective date of the

rule package was January 11, 2000.

2.2.1.4 Houston-Galveston-Brazoria Mass Emission Cap and Trade (MECT)

The MECT program applies to facilities that emit NOx in the HGB ozone nonattainment area and

are subject to the emission specifications under Utility Electric Generation· in Ozone

Nonattainment Areas mentioned previously plus industrial, commercial, and institutional

combustion sources. Units covered include: industrial, commercial, or institutional boilers and

process heaters; stationary gas turbines; stationary internal combustion engines; fluid catalytic

cracking units (including carbon monoxide (CO) boilers, CO furnaces, and catalyst regenerator

vents); boilers and industrial furnaces which were regulated as existing facilities by the EPA

under 40 Code of Federal Regulations Part 266, Subpart H (as was in effect on June 9, 1993);

duct burners used in turbine exhaust ducts; pulping liquor recovery furnaces; lime kilns;

lightweight aggregate kilns; heat treating furnaces and reheat furnaces; magnesium chloride

fluidized bed dryers; and incinerators.

The first control period for the MECT program began on January 1, 2002. The last proposal to

revise this rule, 30 TAC Chapter 101, Subchapter H, Division 3, was published in the Texas

Register on June 25, 2004, and the public comment period ended on July 26, 2004. The adopted

rule package was published in the Texas Register on November 26, 2004. The effective date of

the rule package was December 2, 2004.

2.2.1.5 Summary of Emission Reduction Strategies in Texas Related to Electric Generating Unit

Strategies

The combined EGU-specific strategies listed above have reduced NOx by an estimated 598 tons

per day (218,270 tons per year) from 2000 through 2005. Control strategy modeling indicates

that an additional two tons per day of NOx will be reduced from EGUs by 2009, for a total of600

tons per day (219,000 tons per year).

In addition, the HGB MECT program for non-electric generating units (NEGU) has reduced NOx

emissions an additional 105 tons per day (38,325 tons per year) from 2000 through 2004, with an

additional 76 tons per day (27,740 tons per year) reduction expected for 2009. Similarly the

NEGU NOx reductions expected between 2000 and 2009 for the other two nonattainment areas in

East Texas, DFW and BPA, total an additional 49 tons per day (17,885 tons per year). This

bringsthe total NOx reductions expected by the rules identified in Section 2.2.1.1 through 2.2.1.4

to 831 tons per day (303,315 tons per year) between 2000 and 2009.

The NOx emissions from point sources inventoried and modeled for 2000 for the entire state of

Texas, not just those areas addressed in Section 2.2.1.1 thru 2.2.1.4 were approximately 2,482

tons per day. By 2005, Texas had made an overall 30 percent reduction (see the 733 ton per day

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total in Appendix B) since 2000 in total NOx from the rules cited in Sections 2.2.1.1 thru 2.2.1.4.

Across East Texas, including the nonattainment counties, NOx reductions for the above source

categories amount to no less than 45 percent between 2000 and 2005. These are actual emissions

reductions, not projected reductions. A summary of the above strategies and the methodology

used to calculate the emission reductions is provided in Appendix B.

2.2.2 Eight-Hour Ozone State Implementation Plan (SIP) Revisions

Sections 2.2.2.1 thru 2.2.2.9 provides an overview ofsome ofthe eight-hour ozone SIP revisions

that Texas has submitted to the EPA.

2.2.2.1 Houston-Galveston-Brazoria Eight-Hour Ozone SIP Revision

The eight-county HGB metropolitan area was classified as a "moderate" ozone nonattainment

area by the EPA under the eight-hour ozone standard on April 15, 2004. The eight counties

include: Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller

Counties. The governor of Texas requested a reclassification to severe in June 2007. The EPA

notified the TCEQ in July 2007 that they will begin the process ofreclassification from moderate

to severe in response to Governor Perry's request. The challenges to attain the eight-hour ozone

standard are great because the HGB area is one ofthe most comprehensively controlled industrial

complexes in the world; the area has unique and complex ozone formation chemistry and

meteorology; the magnitude of reductions needed is significant; and the TCEQ lacks regulatory

authority to set emission standards for on-road and non-road mobile sources. The commission

adopted the current HGB SIP revision on May 23, 2007.

The HGB SIP revision documents the substantial progress toward attainment made under the onehour ozone NAAQS despite rapid economic and population growth in the area. This SIP revision

also documents steps toward attainment ofthe eight-hour ozone standard. This SIP revision is the

first step in addressing the eight-hour ozone standard in the HGB area. This SIP revision includes

revisions to rules in 30 TAC Chapter 114, related to the Texas Low Emission Diesel Rule

(TxLED) for Certain Marine Fuels; 30 TAC Chapter 115, Division I, related to the Control of

Volatile Organic Compounds (VOC) Emissions from Storage and Degassing Operations in the

HGB area; and 30 TAC Chapter 117, related to the Water Heater Rule. The revision also

includes local Voluntary Mobile Emission Reduction (VMEP) commitments. The TCEQ is

committed to continuing progress toward attaining the standard and will work with the EPA to set

submission dates for new obligations and interim progress in reducing emissions. The HGB SIP

revision attainment demonstration will include an expeditiously as practicable attainment date (no

later than June 15, 2019). Additional information regarding the specifics of these control

strategies in the HGB Eight-Hour Ozone SIP revision can be found at:

http://www.tceg.state.tx.us/nav/eg/sip.html

2.2.2.2 Dallas-Fort Worth Eight-Hour Ozone SIP Revision

The nine-county DFW metropolitan area was designated a "moderate" ozone nonattainment area

under the eight-hour ozone standard on April 15, 2004. The nine counties include: Collin,

Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties. The DFW

Eight-Hour Ozone Attainment Demonstration SIP revision was adopted by the commission on

May 23, 2007, and submitted to the EPA.

The DFW SIP revision demonstrates attainment of the eight-hour ozone standard using

photochemical modeling, including reductions from associated 30 TAC 117 rules and voluntary

mobile emission reductions, and using weight-of-evidence (WoE), including corroborative

analysis and additional control measures not explicitly accounted for in the photochemical

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modeling. The 30 TAC 117 rules will reduce nitrogen oxides (NOx) emissions from the

following sources:

• major industrial, commercial, and institutional sources;

• minor sources;

• electric generating facilities (EGFs);

• cement kilns; and

• East Texas combustion sources.

All of the rules apply to the nine-county DFW area except for the East Texas Combustion Rule,

which applies to 33 counties located in northeast Texas. Through the Voluntary Mobile

Emissions Reduction Program (VMEP) in the nine nonattainment counties, the North Central

Texas Council of Governments (NCTCOG) committed to reducing NOx emissions by March

2009. The NCTCOG also committed to implementing transportation control measures (TCMs) in

the nine nonattainment counties that will further reduce NOx emissions in 2009. Additional

information regarding the specifics ofthese control strategies in the DFW Eight-Hour Ozone

Attainment Demonstration SIP revision can be found at:

http://www.tceg.state.tx.us/nav/eg/sip.html

2.2.2.3 Beaumont-Port Arthur Eight-Hour Ozone SIP Revisions

The BPA three-county nonattainment area was classified as a marginal eight-hour ozone

nonattainment area on April 15, 2004. The three nonattainment counties include: Hardin,

Jefferson, and Orange. On October 27, 2004, the commission adopted an attainment

demonstration for both the one-hour and the eight-hour ozone standard for the BPA area. The

attainment demonstration contained results of photochemical modeling and technical analyses in

support of the demonstration of attainment of the one-hour and the eight-hour ozone standards.

The submittal included the post-1996 motor vehicle emissions budget (MVEB). Additional

information regarding the specifics ofthe 2004 BPA SIP revision can be found at:

http://www.tceg.state.tx.us/nav/eg/sip.html

On September 28, 2005, the commission adopted the BPA Eight-Hour Ozone Standard

Attainment Demonstration SIP revision and subsequently submitted it to the EPA. The SIP

revision included the adoption of an Eight-Hour Ozone Attainment Demonstration SIP revision

and revisions to Chapter 115 rules. The 2005 BPA SIP revisions addressed each ofthe remaining

requirements needed for .an EPA-approvable SIP revision. These requirements included a

Reasonable Available Control Technology (RACT) demonstration with associated rulemaking.

The rulemaking for major-source applicability for the purposes of RACT included rules for batch

processing (30 TAC 115.167, relating to exemptions), and ship building and repair (30 TAC

115.427 (a)(3)(H), relating to exemptions). An exemption level of 100 tons per year ofVOC was

set based on all stationary sources included in an account. These rules were amended to lower the

exemption level to 50 tons per year with the BPA SIP revision. The SIP submission also contains

revision regarding the Clean Fuel Vehicle program and the three percent contingency requirement

and an updated MVEB. Additional information regarding the specifics ofthese control strategies

in the 2005 BPA SIP revision can be found at:

http://v.'Ww.tceg.state.tx.us/nav!eg/sip.html

2.2.2.4 Austin-Round Rock Eight-Hour Ozone Early Action Compact SIP Revision

The Austin-Round Rock Early Action Compact (EAC) SIP revision was adopted by the

commission on November 17,2004. This compact was part ofthe strategy for the area including

Bastrop, Caldwell, Hays, Travis, and Williamson Counties to continue attainment with the eight2-6
hour ozone standard promulgated under the Federal Clean Act Amendment (FCAA) of 1990 (as

codified in 42 United States Code, 7401 et seq.) This SIP revision included emission reductions

needed to demonstrate attainment of the ·eight-hour ozone standard by 2007 and maintain it

through at least 2012. The SIP revision includes five rule revisions requested by the area:

Vehicle Inspection and Maintenance Program in Travis and Williamson Counties (30 TAC 114,

Subchapter C); opt-in rule prohibiting heavy-duty diesel vehicle idling in jurisdictions that sign

enforcement agreements with the TCEQ (30 TAC Chapter 114, Subchapter J); lowering the Stage

1 Vapor Recovery exemption to 25,000 gallons/month throughput in the five-county area (30

TAC; Chapter lIS, Subchapter C, Divisions 2); degreasing requirements in the five-county area

(30 TAC Chapter lIS, Subchapter E, Division I); and seasonal cutback asphalt restrictions in the

five-county area (30 TAC Chapter 115, Subchapter F, Division I).

This SIP revision also included a commitment to pursue additional NOx reductions through two

additional programs. These programs include:

• Texas Emission Reduction Plan (TERP) - The Austin EAC Region obtained sufficient

grants to reduce NOx by two tons per day by 2007 from on- and non-road heavy duty

diesel equipment; and

• Power Plant Reductions - Austin Energy and the Lower Colorado River Authority

(LCRA) committed to annual NOx reductions at facilities. These power plants

voluntarily committed to reduce annual NOx emissions below current state and federal

mandates at their facilities in and near the region. These agreements were detailed and

formalized in air permit revisions. Austin Energy implemented an environmental

dispatch program for gas-fired facilities on ozone action days that became effective on

January 1, 2005. Austin Energy also implemented a voluntary NOx cap of 1,500 tons per

year encompassing the Holly, Decker, and Sand Hills facilities that was included as a

special condition of the Holly Power Plant air permit as of January 11, 2004. LCRA's

permit alterations were received from the TCEQ on December 21, 2005, for Sam Gideon

Power Plant, and on February 24, 2006, for the Fayette Power Project. Additional

enforceable annual emission reductions from the University of Texas and Fayette Power

Project were implemented by December 31, 2006.

The Austin-Round Rock EAC SIP revision also committed to encouraging participation in the

Clean Air Partners Program and energy efficiency program as local initiatives. In addition, the

following voluntary activities were included in the EAC without quantifying the associated

emission reduction: Residential Electric Lawn Mower Exchange Program; Adopt-a-School Bus

Program; Tree Planting Guide; and the State Agency Voluntary Commute Reduction Projects.

Additional information regarding the specifics of these control strategies in the Austin-Round

Rock Early Action Compact can be found at:

http://v{ww.tceq.state.tx.us/nav/eq/sip.htrnJ

2.2.2.5 Northeast Texas Eight-Hour Ozone Early Action Compact SIP Revision

The Northeast Texas Early Action Compact (EAC) SIP revision was adopted on November 17,

2004. This compact was part ofthe strategy for the area including Gregg, Harrison, Rusk, Smith,

and Upshur Counties to continue attainment with the eight-hour ozone standard promulgated

under the FCAA of 1990 (as codified in 42 United States Code, 7401 et seq.). The Northeast

Texas SIP revision contains results of photochemical modeling and technical analyses in support

of the demonstration of attainment of the eight-hour ozone standard in 2007 and maintenance of

that standard through 2012.

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As part of the Northeast Texas EAC SIP reVlSlon, the Eastman Chemical Company-Texas

Operations and Huntsman Chemical implemented an enhanced Leak Detection and Repair

(LDAR) program to identify and address emissions of highly reactive VOCs. These highly

reactive volatile organic compound (HRVOC) reductions are in addition to previous requirements

included in the model. At Eastman, the voluntary LDAR programs will be enforceable under

voluntary emission reduction permits. Huntsman Chemical volunteered these emission

reductions as part of a new Flexible Plant-wide Applicability Limit (PAL) Permit that makes the

reductions enforceable.

The Northeast Texas EAC also committed the area to pursue action on the following voluntary

measures: identify and pursue funding for compressor engines and non-road equipment that are

eligible for Texas Emission Reduction Plan (TERP) funding; on-road vehicle emission reductions

through the purchase of 18 lower-emitting propane light heavy-duty (Class 2b) vans; public

awareness programs; and energy efficiency programs. Additional information regarding the

control strategies in the Northeast Texas EAC can be found at:

http://www.tceq.state.tx.us/nav/eq/sip.html

2.2.2.6 San Antonio Eight-Hour Ozone Early Action Compact SIP Revision

The San Antonio Early Action Compact (EAC) SIP revision was adopted on November 17, 2004.

This compact was part of the strategy for the area including Bexar, Comal, Guadalupe, and

Wilson Counties to continue attainment with the eight-hour ozone standard promulgated under

the FCAA of 1990 (as codified in 42 United States Code, 7401 et seq.). The San Antonio SIP

revision was required to implement the EAC. This SIP revision is part of that attainment

demonstration and includes emission reductions needed to demonstrate attainment of the eighthour standard by 2007 through at least 2012. On April 15,2004, the San Antonio area received a

deferral ofthe effective date of its designation of nonattainment for the eight-hour ozone standard

for Bexar, Comal, and Guadalupe Counties. The San Antonio area includes two state rule

revisions requested by the area to decrease VOC emissions: lowering the Stage 1 Vapor Recovery

exemption to 25,000 gallons/month throughput in the five-county area (30 TAC; Chapter 115,

Subchapter C, Divisions 2); and degreasing requirements for the four-county area (30 TAC

Chapter 115, Subchapter E, Division 1). The San Antonio EAC region also obtained sufficient

Texas Emission Reduction Program (TERP) grants to reduce NOx by 2 tons per day by 2007

from on- and non-road heavy duty diesel equipment and committed to emission reductions from

the following local controls: energy efficiency/renewable energy projects; transportation

emission reduction measures (TERMs); and transportation demand management projects.

In addition to control strategies that were included in the future control strategy model run, the

SIP revision implemented additional programs that although difficult to quantify and include in

photochemical modeling, contribute to cleaner air. These programs include alternative fuel

vehicle initiatives and a lawnmower recycling program. Additional information regarding these

control strategies in the San Antonio Area EAC can be found at:

http://www.tceq.state.tx.us/nav/eq/sip.html

2.2.2.7 Corpus Christi Eight-Hour Ozone Flex Plan

The Corpus Christi Eight-Hour Ozone Flex Plan Memorandum of Agreement (MOA) was

developed according to EPA's guidance, "Eight-Hour Ozone Flex Program - May 2006."

Corpus Christi is the first area in the nation to develop and submit to the EPA an Eight-Hour

Ozone Flex Plan. The MOA encourages the continuation of voluntary emission reduction

measures to assist in maintaining attainment ofthe eight-hour ozone standard in Nueces and San

Patricio Counties. Emission reduction measures included in the MOA, are the Stage I Vapor

Recovery 'Program, the Pollution Prevention Partnership Program, and the Ozone Action Day

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Program. These will be implemented through an MOA between the TCEQ, the City of Corpus

Christi, Nueces County, San Patricio County, the Port of Corpus Christi Authority, the Corpus

Christi Metropolitan Planning Organization, the Corpus Christi Regional Transportation

Authority, and the EPA. The MOA was adopted by the commission on June 13,2007.

Additional information regarding the plan can be found at:

http://www.tceq.state.tx.us/nav/eg/sip.html

2.2.2.8 Victoria County Eight-Hour Ozone Maintenance Plan

On March 7, 2007, the commission adopted the Victoria County Eight-Hour Ozone Maintenance

Plan. This SIP revision contained an eight-hour ozone maintenance plan that will ensure the

County of Victoria remains in attainment of the eight-hour ozone NAAQS. Local governments

and other interested parties in the Victoria area will continue implementing programs that have

proven effective in maintaining healthy air quality to assure that the area continues to maintain its

attainment status for the eight-hour ozone standard. The maintenance plan is the appropriate

mechanism and allows individual communities the .flexibility to pursue emission reduction

strategies most appropriate for their circumstances. The plan includes the following components:

attainment inventory; maintenance demonstration; ambient air quality monitoring; contingency

plan; and verification of continued attainment. Additional information regarding the Victoria

Eight-Hour Ozone Maintenance Plan can be found at: http://www.tceg.state.tx.us/nav/eg/sip.html

2.2.2.9 EI Paso County Eight-Hour Ozone Maintenance Plan

As a result ofthe FCAA Amendments of] 990, EI Paso County was designated as nonattainment

for the one-hour ozone standard. On April 15, 2004, the EPA designated EI Paso County as

attainment for the eight-hour ozone standard. The EPA's Phase I Implementation Rule for the

eight-hour ozone standard directed that areas designated as nonattainment for the one-hour ozone

standard but designated attainment for the eight-hour ozone standard must submit a maintenance

plan for the eight-hour ozone standard by June 15,2007. On Januaiy II, 2006, the commission

adopted the Eight-Hour Ozone Maintenance Plan for EI Paso. The EI Paso Eight-Hour Ozone

Maintenance Plan includes the following components: attainment inventory; maintenance

demonstration; ambient air quality monitoring; contingency plan; and verification of continued

attainment. Additional information regarding the EI Paso Eight-Hour Ozone Maintenance Plan

can be found at: http://www.tceg.state.tx.us/nav/eg/sip.html

2.2.3 One-Hour Ozone State Implementation Plan (SIP) Revisions

Sections 2.2.3.1 thru 2.2.3.6 provide an overview of some of the one-hour ozone SIP revisions

that Texas has submitted to EPA.

2.2.3.1 Houston-Galveston-Brazoria One-Hour Ozone Attainment SIP Revisions

On December 6, 2000, the TCEQ adopted revisions to 30 TAC Chapters 101, 114, 115, and 117,

as well as revisions to the HGB SIP. This SIP revision served as the attainment demonstration of

the one-hour ozone standard. The December 2000 submittal contained the following elements:

rules and photochemical modeling analyses; post-1999 Rate of Progress (ROP) plans for the

milestone years 2002 and 2005, and for the attainment year 2007; transportation conformity

motor vehicle emissions budgets (MVEB) for NOx and VOC; enforceable commitments to

implement further measures if needed; and a commitment to perform and submit a mid-course

review by May 2004. Additional information regarding this SIP revision can be found at:

http://www.tceq.state.tx.us/nav/eq/sip.html

On September 26, 2001, the TCEQ adopted a revision to the Texas SIP for the HGB ozone

nonattainment area. The SIP revision for the HGB ozone nonattainment area included the

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following elements: corrections to the ROP table MVEB's budget for the years 2002, 2005, and

2007 due to a mathematical inconsistency; incorporation of a change to the idling restriction

control strategy clarifying that the operator of a rented or leased vehicle is responsible for

compliance with the requirements of Chapter 114 in situations where the operator of a leased or

rented vehicle is not employed by the owner of the vehicle (the commission committed to making

this change when the rule was originally adopted in December 2000); incorporation of revisions

to the clean diesel fuel rules to provide greater flexibility in complying with the requirements of

the rule while preserving the emission reductions necessary to demonstrate attainment in the

HGB area; incorporation of a stationary diesel engine mle that was developed as a result of the

state's analysis of EPA's reasonably available control measures; incorporation of revisions to the

point source NOx rules; incorporation of revisions to the emissions cap and trade rules; the

removal of the construction equipment operating restriction and the accelerated purchase

requirement for Tier 2/3 heavy duty equipment; the replacement of those rules with the TERP

program; the layout ofthe mid-course review process which details how the state would fulfill the

commitment to obtain the additional emission reductions necessary to demonstrate attainment of

the one-hour ozone standard in the HGB area; and replacement of 2007 ROP MVEBs to be

consistent with the attainment MVEBs. Additional information regarding this SIP revision can be

found at: http://www.tceq.state.tx.us/nav/eq/sip.html

On December 13, 2002, the TCEQ adopted revisions to the HGB One-Hour Ozone Attainment

Demonstration SIP. This SIP revision contained rules to reduce emissions of HRVOC from four

key industrial sources: fugitives, flares, process vents, and cooling towers. The HRVOC rules

are performance-based, emphasizing monitoring, recordkeeping, reporting, and enforcement.

Additional information regarding this SIP revision can be found at:

http://www.tceq.state.tx.us/nav/eq/sip.html

On December 1, 2004, the commission adopted revisions to the SIP for the HGB nonattainment

area and rules found in Title 30, TAC, Chapters 101 and 115. This fulfilled the commitment from

2000 to perform a mid-course review SIP revision to ensure attainment of the one-hour ozone

standard. The data gathered from the 2000 Texas Air Quality Study (TexAQS) was used to

improve the photochemical modeling work for the HGB area. The collection of technical

improvements gave a more comprehensive understanding of the ozone challenge in Houston for

the development of a plan to reach attainment. The SIP revision commitments included:

• HRVOC: The revision to the SIP implemented measures to ensure compliance with the

specific strategies to control HRVOC emissions.

• HRVOC Emissions Cap and Trade (HECT) Program: The HECT program is an annual

cap and trade program to provide compliance flexibility to the Chapter 115 control

requirements for process vents and cooling-tower heat exchangers. Sites subject to the

program are required to possess an HRVOC allowance for each ton of HRVOC

emissions. Sites also have the option of trading excess HRVOC allowances on the open

market within a specific trading zone.

• General Fugitives: The rulemaking removed certain recordkeeping requirements from the

general volatile organic fugitive emissions rules in Subchapter D, Division 3, and makes

the requirements applicable only to sources of HRVOC fugitive emissions in rule

amendments that were revised as part of a concurrent mlemaking in 30 TAC Chapter

115, Subchapter H. The amendments also made a variety of changes to correct

typographical errors, update cross-references, add flexibility, and achieve the intended

emission reductions.

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• HGB Motor-Vehicle Idling Limitations: The commISSIOn repealed the motor-vehicle

idling limitations in the HGB area in 30 TAC Chapter 114, Subchapter J, Division 1. The

commission originally adopted idling limitation rules on December 6, 2000, as a control

strategy to reduce NOx emissions in the HGB ozone nonattainment area by limiting the

engine idling time of motor vehicles with a gross vehicle weight rating over 14,000

pounds to five consecutive minutes while the vehicle is operating in the affected area

from April 1 to October 31 each year. With regard to the repeal of the heavy duty diesel

idling rules, by the year 2007, the idling limits would have reduced NOx emissions in the

affected area by 0.48 tons per day (tpd). The repeal of the idling restriction did not

significantly impact modeled ozone concentrations. Given the minimal emission

reductions, difficulty of enforcement, and the development of a more robust attainment

demonstration, the commission maintained that the inclusion of the motor vehicle idling

restriction rules was not a reasonable measure. These factors also indicated that this

measure did not advance the one-hour ozone attainment date of the HGB area and

therefore was not Reasonably Available Control Measure (RACM). Additional

information regarding this SIP revision can be found at:

http://www.tceq.state.tx.us/nav/eg/sip.html

2.2.3.2 Dallas-Fort Worth One-Hour Ozone Attainment SIP Revisions

On February 24, 1999, the TCEQ adopted a revision to the Texas SIP for the DFW area. The

DFW area was classified as a moderate ozone nonattainment area for the one-hour standard in·.

accordance with the FCAA Amendments of 1990. However, air quality monitoring for 1994

through 1996 show that the one-hour NAAQS for ozone has been exceeded more than one day

per year over this three-year period. On February 18, 1998, the EPA issued a final notice in the

Federal Register that the DFW area was being reclassified to "serious" for failing to attain the

NAAQS for ozone. As a result ofthis reclassification, the EPA required that a new SIP revision

demonstrating attainment ofthe ozone standard in DFW be submitted by March 20, 1999. The

state submitted a SIP revision for DFW that included photochemical modeling showing the level

ofreductions needed to attain the standard by 1999, a Nine Percent ROP target calculation for the

years 1997-99, VOC RACT rules in 30 TAC Chapter 115 applicable to sources meeting the 50

tons per year major source level, NOx RACT rules in 30 TAC Chapter 117 applicable to major

sources of NOx, and amendments to 30 TAC Chapter 116 reinstating nonattainment new source

review for NOx. The governor submitted this SIP revision to the EPA on March 16, 1999.

Additional information regarding the control strategies in the DFW SIP can be found at:

http://www.tceq.state.tx.usinav/egisip.htInl

On October 15, 1999, the commission adopted a revision to the SIP for the DFW one-hour ozone

nonattainment area. This SIP revision was developed in order to address the shortfall in needed

reductions towards the Nine Percent ROP target and the lack of modeled control strategies from

the February 24, 1999, SIP revision. Potential emission reduction credits were reviewed that

were not claimed in the February 1999 SIP revision in order to make up the ROP shortfall. The

focus was on VOC reductions because fewer VOC reductions would be needed to make up the

shortfall compared to NOx emission reductions. The ROP lacked about 20% of the VOC

reductions needed, which amounted to 5.87 tpd. Elements were identified that were not

previously considered that bring emission reduction credits in order to complete the Nine Percent

ROP requirements for the years 1996-99. Additional information regarding the control strategies

can be found at: http://www.tceg.state.tx.us/navieg/sip.html

On April 19, 2000, the TCEQ adopted revisions to the SIP. These revisions served as the required

next step in the attainment demonstration planning process for the BPA, DFW, and HGB ozone

nonattainment areas. The DFW area's attainment deadline as a serious ozone nonattainment area

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was November 15, 1999. The April 2000 SIP revision contained a modeling demonstration that

showed that the air quality in the DFW area is influenced at times from the HGB area. Additional

information regarding this SIP revision can be found at:

http://www.tceg.state.t.C.us/nav/eg/sip.html

On August 22, 2001, the TCEQ adopted a revision to the Texas SIP as the required next step in

the attainment demonstration planning process for the DFW one-hour ozone nonattainment area.

Key revisions included the repeal of the rules regarding fleet composition for heavy-diesel

equipment and the rules regarding operating restrictions for diesel construction equipment as part

of the implementation of Senate Bill (SB) 5, 77th Legislature, 2001. Signed into law in May

2001, SB 5 required the commission to submit a SIP revision to the I?PA deleting the

requirements oftwo rules, contained in 30 TAC Chapter 114 (relating to Control of Air Pollution

froin Motor Vehicles), from the SIP no later than October 1,2001. The rule repeals contained in

this SIP revision reflected the repeal of two rules related to construction equipment that were

adopted on April 19, 2000, as part ofthe control strategy for the DFW one-hour ozone attainment

demonstration. The TERP program contained in SB 5 replaced· the rules and resulted in

reductions in excess of those expected from the rules that were repealed. Additional information

regarding this SIP revision can be found at: http://www.tceg.state.tx.us/nav/eq/sip.html

On April 27, 2005, the commission adopted a Five Percent Increment of Progress (lOP) SIP

revision for the DFW nonattainment area. This SIP revision contained the following control

measures:

• TERP: In the DFW area, projects funded as of September 1, 2004, were projected to

result in reductions in NOx emissions of over 7.78 tpd in 2007.

• Energy Efficiency: Statewide adoption of the International Residential Code and the

International Energy Conservation Code for residential, commercial, and industrial

buildings was mandated by the 77th Texas Legislature under SB 5. The resulting NOx

reductions based on electricity and natural gas savings from existing projects were

calculated to be 0.72 tpd.

• Alcoa, Milam County: Alcoa chose to replace its three existing boilers with two lignitefired circulating fluidized bed boilers, as presented as an option under a federal consent

decree signed on April 9,2003. Only one ofthese boilers was to be replaced by June 15,

2007, resulting in a reduction of 3.9 tpd of NOx. Therefore, only that portion of the

credit implemented by June 15, 2007, was included as part ofthis SIP revision.

• Statewide Portable Fuel Container Rule: The Portable Fuel Container Rule established

new requirements relating to the design criteria for portable fuel containers and portable

fuel container spouts. The new rules established design criteria for "no-spill" portable

fuel containers. Portable fuel containers manufactured under these standards release

fewer amounts offuel as the result ofspillage and evaporation.

• Lean-Burn and Rich-Burn Engines: The adopted Five Percent lOP plan included the

implementation of new emission specifications and other compliance demonstration

requirements in 30 TAC Chapter 117, Subchapter B, Division 3 for certain industrial,

commercial, and institutional stationary reciprocating internal-combustion engines in the

nine-county area. The resulting NOx reductions were 1.87 tpd.

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• Surface Coating: In rulemaking concurrent to this SIP revision, the commission adopted a

rule to extend the requirements for surface coating to the five newly designated DFW

nonattainment counties. The resulting VOC reductions were 0.3 tpd.

• Stage I Gasoline Unloading: In rulemaking concurrent to this SIP reVISIOn, the

commission adopted a rule to extend the Stage I requirements to the five newly

designated DFW nonattainment counties. The resulting VOC reductions were 1.49 tpd.

Additional information regarding this SIP revision is located at:

http://www.tceg.state.tx.us/nav/eg/sip.html

2.2.3.3 Beaumont~Port Arthur One-Hour Ozone Attainment SIP Revisions

On October 27, 1999, the TCEQ adopted a revision to the Texas SIP concerning the attainment

demonstration for the Beaumont-Port Arthur (BPA) ozone nonattainment area. Because

photochemical modeling showed that both VOC and NOx reductions are effective in reducing

ground-level ozone in the BPA area, this SIP revision identified, under separate rulemaking,

revisions to the NOx RACT requirements to include lean bum engines. Also, VOC RACT rules

were modified for industrial wastewater and batch processes. Additional information regarding

the specifics ofthis SIP revision can be found at: http://www.tceq.state.tx.us/nav/eg!sip.html

The BPA area was classified as moderate on April 2, 1996, and therefore, was required to attain

the one-hour ozone standard by November 15, 1996. The BPA area did not attain the standard by

that date and also did not attain the standard by November 15, 1999, the attainment date for

serious areas. In determining the appropriate attainment date for an area, EPA considered the

effect of transport of ozone or its precursors from an upwind area which interferes with the

downwind area's ability to attain. On July 16, 1998, EPA issued a guidance memorandum titled

"Extension of Attainment Dates for Downwind Transport Areas." The guidance, referred to

hereinafter as the "transport guidance," provided a means for the EPA to extend the attainment

date for an area affected by transported air pollution, without reclassifying the area to a higher

classification. The transport guidance was particularly relevant to BPA, which is downwind ofthe

HGB area and is affected by transport from HGB. On April 16, 1999, the EPA proposed in the

Federal Register to allow BPA to take advantage of the transport guidance if an approvable

attainment demonstration was submitted by November 15, 1999.

The SIP revision contained results of photochemical modeling demonstrating transport from

HGB to BPA. Following the EPA's transport guidance, it was demonstrated that BPA attained

the one-hour ozone standard. In addition, the November 1999 SIP revision contained adopted

rules for industrial wastewater and batch process sources to ensure that VOC emission limits for

these sources meet the EPA's guidelines for RACT. Furthermore, the SIP revision included

adopted rules establishing NOx RACT emission limits for gas-fired, lean-bum stationary internal

combustion engines. These NOx rules represented "Phase I" of a two-part revision to the BPA

attainment demonstration SIP revision. Additional information regarding the specifics of this SIP

revision can be found at: http://www.tceg.state.tx.us/nav/eq/sip.htm1

The April 2000 SIP revision represented "Phase II" of the BPA attainment demonstration SIP

revision, and contained adopted rules specifying NOx emission limits for electric utility boilers,

industrial boilers, and industrial process heaters. These strategies in combination with the richbum engine rules reduced NOx emission from 170.51 tons per ozone day (tpod) to 75.09 tpod.

In accordance with EPA guidance, implementation of these NOx emission limits represented a

reasonable level of control, necessary for an approvable attainment demonstration. Modeling of

these Phase II reductions showed that the BPA area attains the one-hour ozone standard, using

2-13
weight of evidence analyses. Additional information regarding this SIP revision can be found at:

http://www.tceg.state.tx.us/nav/eg/sip.html

2.2.3.4 Northeast Texas Flexible Attainment Region (FAR) One-Hour Ozone SIP Revision

On May 12, 1999, the commission adopted a revision to the SIP for the Northeast Texas region

which made certain local ozone precursor emission reduction programs federally enforceable.

This revision was submitted to EPA on June 4, 1999. Four affected companies (Norit Americas,

Inc.; La Gloria Oil and Gas Company; Eastman Chemical Company, Texas Eastman Division;

and ARCO Permian) in the Northeast Texas region voluntarily agreed to be subject to the

implementation of enforceable emission reduction measures pursuant to Part A, Sections 2-5 of

the Northeast Texas FAR Memorandum of Agreement (MOA). The MOA required the

immediate implementation of control measures through the use of agreed orders, which are

included in the SIP revision and are federally enforceable. Additional information regarding the

specifics ofthese control strategies can be found at: http://www.tceg.state.tx.us/nav/eq/sip.html

On April 19,2000, the TCEQ adopted a revision to the SIP to incorporate two agreed orders into

the Northeast Texas SIP revision. This revision incorporated into the SIP an agreed order signed

by the Eastman Chemical Company, Texas Operations, of Longview, Texas, in Harrison County

(account number HH-0042-M). The agreed order made federally enforceable certain local ozone

precursor emission reduction programs. Through the use of agreed orders these measures were

adopted and included in the Northeast Texas FAR SIP revision and are federally enforceable.

Additional information regarding this SIP revision can be found at:

http://www.tceg.state.tx.us/nav/eg/sip.html

2.2.3.5 Regional One-Hour Ozone SIP Revision

On April 19, 2000, the TCEQ adopted a revision to the Texas SIP to serve as the required next

step in the attainment demonstration planning process for the BPA, DFW, and HGB ozone

nonattainment areas, and the Central and East Texas region. Due to the significant air quality

concerns under the one-hour ozone NAAQS, and the anticipated challenges under the eight-hour

NAAQS, Texas developed a regional strategy to reduce emissions. This strategy contained five

elements: support of the National Low Emission Vehicle (NLEV) program; Stage I vapor

recovery for larger gas stations; cleaner gasoline; the Clean Air Responsibility Enterprise

(CARE) program; and reduction in NOx emissions from larger point sources. Additional

information regarding this SIP revision can be found at:

http://www.tceq.state.tx.us/nav/eq/sip.htm1

2.2.3.6 One-Hour Ozone Flexible Agreement

The One-Hour Ozone. Flexible Agreement is a voluntary local approach to encourage emission

reductions that will keep an area in attainment of the one-hour ozone standard, while also

working toward achieving the health benefits envisioned under the eight-hour ozone standard.

The One-Hour Ozone Flexible Agreement plans were implemented through a MOA between the

EPA, the TCEQ, and local governments.

2.2.3.6.1 Austin-San Marcos Metropolitan Statistical Area One-Hour Ozone Flex Plan

On March 28, 2002, local governments, community and business leaders, environmental groups,

and concerned citizens in the Austin/San Marcos Metropolitan Statistical Area signed a MOA

with the TCEQ and the EPA to implement programs to improve regional air quality. Additional

information regarding this plan can be found at: http://www.tceg.state.tx.us/nav/eg/sip.html

2-14
2.2.3.6.2 Corpus Christi One-Hour Ozone Flex Plan

On September 18, 2002, Nueces and San Patricio Counties, which comprise the Corpus Christi

urban airshed, signed an Ozone Flex Intergovernmental Agreement with the TCEQ and the EPA.

Additional information regarding this plan can be found at:

http://www.tceq.state.tx.us/nav/eq/sip.html

2.2.4 General State Implementation Plan (SIP) Revision Information

Additional information regarding the numerous other SIP revisions that Texas has adopted from

1972 through 2007 can be found at: http://www.tceg.state.tx.us/nav/eg/sip.html

2.2.5 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review

(NSR) Element

FCAA Section 110(a)(2)(D)(i)(II) contains a requirement for states to submit SIP revisions that

contain adequate provisions verifYing that the Texas SIP prohibits any source or type of

emissions activity within the state from emitting air pollutants in amounts that will interfere with

another state's SIP measures for preventing significant deterioration of air quality.

2.2.5.1 Eight-Hour Ozone

All major sources in Texas are subject to PSD and Nonattainment NSR permitting programs,

implemented in 30 TAC Chapter 116. Major sources are defined in 30 TAC § 116.12(17) in

relation to the federal classification of an area for nonattainment permitting and by reference to

40 Code of Federal Regulations (CFR) § 51.166 for PSD.

2.2.5.2 Fine Particulate Matter CPM251

All major sources in Texas are subject to PSD and Nonattainment NSR permitting programs,

implemented in 30 TAC Chapter 116. Major sources are defined in 30 TAC § 116.12(17) in

relation to the federal classification of an area for nonattainment permitting and by reference to

40 Code ofFederal Regulations (CFR) § 51.166 for PSD. Additionally, these programs are being

implemented in accordance with EPA's interim guidance regarding the use ofPM10 as a surrogate

forPM25.

2.2.5.3 Emission Credits

The use of emission reductions for offsets is governed by 30 TAC § 116.170, which requires that

all emission reductions be certified as emission credits under 30 TAC Chapter 101 prior to use as

offsets.

2.2.6 Protect Visibility Element

Section 110(a)(2)(D)(i)(II) also contains a requirement for all states to submit SIPs that contain

adequate provisions prohibiting "... any source or other type of emission activity within the state

from emitting any air pollutant in amounts which will - interfere with measures required to be

included in the applicable implementation plan for any other state .... to protect visibility." The

EPA has previously found that all states contain sources whose emissions are reasonably

anticipated to contribute to regional haze in one or more Class I areas. Pursuant to this finding,

Texas is currently under an obligation to submit a SIP revision that addresses regional haze,

including a long-term strategy to address visibility impairment for each Class I area, which may

be affected by emissions from Texas. The TCEQ and other states and Regional Planning

Organizations are currently engaged in the task of identifYing those Class I areas impacted by

each state's emissions. States are responsible for developing strategies for addressing regional

2-15
haze for inclusion in their regional haze SIP. Texas is currently in the process of finalizing its

Regional Haze SIP, which was proposed on December 5, 2007. The State has determined that the

existing control strategies in Texas are adequate to address visibility impacts on Class I areas in

other states. At this time, no other states have requested additional control strategies for Texas

sources.

Texas invited over 100 federal, state, tribal, and local entities to join the July 2007 consultation

calls concerning the development of Texas' Regional Haze SIP. These entities were also invited

to make comments on the Regional Haze SIP proposal, and were invited to attend the public

hearing on February 19,2008. The following organizations were contacted by Texas for input on

the Regional Haze SIP revision:

States

Arkansas, Colorado, Kansas, Louisiana, New Mexico, Oklahoma, and Wyoming

United States Federal Agencies

United States Forest Service Federal Land Managers; United States Fish and Wildlife Service

Land Managers; National Parks Service Land Managers; and the United States Environmental

Protection Agency.

Tribal Representatives

Louisiana -

Chitimacha Tribe of Louisiana; Coushatta Tribe ofLouisiana; Jena Band ofChoctaw Indians; and

Tunica-Biloxi Indians ofLouisiana

New MexicoEight Northern Indian Pueblo Council; Mescalero Apache Tribe; Pueblo of Acoma; Pueblo of

Cochiti; Pueblo ofIsleta; Pueblo ofJemez; Jicarilla Apache Nation; Pueblo of Laguna; Pueblo of

Nambe; Pueblo of Picuris; Pueblo of Pojoaque; Pueblo of Sandia; Pueblo of San Felipe; Pueblo

of San Ildefonso; Ohkay Owingeh (formerly San Juan); Pueblo of Santa Ana; Pueblo of Santa

Clara; Pueblo of Santo Domingo; Pueblo of Taos; Pueblo of Tesuque; and Pueblo of Zia; Zuni

Tribe

OklahomaAbsentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Quassarte Tribal Town; Apache

Tribe of Oklahoma; Caddo Indian Tribe of Oklahoma; Cherokee Nation; Cheyenne-Arapaho

Tribes of Oklahoma; Chickasaw Nation; Choctaw Nation of Oklahoma; Citizen Potawatomi

Nation; Comanche Nation of Oklahoma; Delaware Nation (West); Eastern Shawnee Tribe of

Oklahoma; Fort Sill Apache Tribe of Oklahoma; Inter Tribal Environmental Council of

Oklahoma; Iowa Tribe of Oklahoma; Kaw Nation; Kialegee Tribal Town; Kickapoo Tribe of

Oklahoma; Kiowa Indian Tribe of Oklahoma; Miami Tribe of Oklahoma; Modoc Tribe of

Oklahoma; Muscogee (Creek) Nation; Osage Nation; Otoe-Missouri Tribe of Oklahoma Ottawa

Tribe of Oklahoma; Pawnee Nation of Oklahoma; Peoria Tribe of Indians of Oklahoma; Ponca

Tribe of Indians of Oklahoma; Quapaw Tribe of Oklahoma; Sac and Fox Nation; Seneca-Cayuga

Tribe ofOklahoma; Seminole Nation ofOklahoma; Shawnee Tribe; Thlopthlocco Tribal Town

Tonkawa Tribe of Indians of Oklahoma; United Keetoowah Band of Cherokee Indians of

Oklahoma; Wichita and Affiliated Tribes; and Wyandotte Nation

TexasAlabama-Coushatta Tribe of Texas; Kickapoo Traditional Tribe of Texas; and Ysleta del Sur

Pueblo ofTexas

2-16
Regional Planning Organization

CENRAP - Central Regional Planning Organization - Arkansas, Iowa, Louisiana, Kansas,

Minnesota, Missouri, Nebraska, Oklahoma, and Texas

The Regional Haze SIP consultation process with the federal land managers and adjacent states is

ongoing.

2-17
CHAPTER 3: FUTURE ATTAINMENT PLANS

The Federal Clean Air Act (FCAA), section 110(a)(I) requires states to submit SIPs within three

years after the promulgation of new or revised NAAQS that meet the requirements of FCAA, §

110(a)(2), including FCAA, § 110(a)(2)(D)(i), relating to interstate transport of pollution.

Therefore, ifthe NAAQS is revised in the future, the TCEQ will need to take the adequate steps

relating to the interstate transport of air pollution.

3-1
APPENDIX A
'f.-j)yoming

Denver

CoCoraao

'New

~lf1e:xjco

....Protecting Texas by

.. JiReducing and

Preventing Pollution

Mil

TCEQ

Texas CommlBBlon on Environmental Quality

Chief Englnee(s Omee

Air Quality DIvision

PO Box 13087 (Mall Code 164)

Austin, Texas 78711-3087

:J./e6raJ/(,a

'l(ansas

O/(,fafzoma

Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from the City of Beaumont

'"

Saint

Louis

!jllissouri

fJ'ellnessee

This map was generated by the Chief Engineer's OlTice, Air Quality Division of the Texas Commission on

Environmental Quality. No daims are made to the accuracy or completeness of the data or to the suitability

for a particular use. For information concerning this map, contact Kim Hendon of the Air Quality Division

at (512) 239-1421 Raj Nadkami (512) 239-1934 July 30, 2007
! ~,

f

---- _.

'tel1nessee

ThiS map was generated by the Chief Engineer's Office, Air Quality Division 01 the Texas Commission on

Environmental Quality. No daims are made to the accuracy or completeness of the data or to the suitability

for a particular use. For information concerning this map, contact Kim Hendon of the Air Quality Division

at (512) 239-1421 Raj Nadkarni (512) 239-1934 July 30,2007

:Missouri

Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

...~--~'''- ..._~~...__._.--''-'---_.,._-'

from Beaumont I Port Arthur Area

L..--,-----------.::----------...,------....... I

Of<.Iafwma

1(ansas

.'Ne6ras!(sl

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Denver

Wyoming

Tex.s Commission on Environment., Quality

Chief Englnee(s Office

Air Qu.lity Division

PO Box 13087 (Msn Code 164)

Au_tin, Tex._ 78711·3087

n Protecting Texas by

Reducing and I!!!!!!!liIiPreventing Pollution

...

TCEQ
:Missouri

This map was generated by the Chief Engineer's Office, Air auality Division of the Texas Commission on

Environmental auality. No daims are made to the accuracy or completeness of the data or to the suitability

for a particular use. For infonnation concerning this map, contad Kim Hendon of the Air Quality Di\llsion

at (512) 239·1421 Raj Nadkarni (512) 239-1934 July 30, 2007

Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from the City of Dallas

Ol(t:aflOma

1(ansas

\

\

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I

I

TCEQ

Texas Commission on Environmental Quality

Chief Englnee(s Omce

Air Quality Division

PO Box 13087 IMslI Code 1641

Austin, Texas 78711-3087

1.......IProteclting Texas by

!Iii , ~~:;~~~~~~:~and Pollution
'f.1Jyoming

Denver

\

Jie6ras(a \

\-~.

"

Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from Dallas/Fort Worth Area

This map was generated by the Chief Engineer's Office. Aj( Quality Division of the Texas Commission on

Environmental Quality. No dairns are made to the accuracy or completeness of the data or to the suitability

for a particular use. For information concerning this map, contact Kim Hendon of the Air Quality Division

at (512) 239-1421 Raj Nadkarni (512) 239-1934 July 30,2007

jlCa6ama 5I1ississippi

5I1issouri

o(falioma

1(jznsas

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5I1e:{jco

T•••• Comml••lon on Environment•• Qu.llty

Chl.f Englnee(. Omce Air Qu.llty Dlvl.lon

PO Bo. 130871M.1I Cod. 1641

Au.tln, T.... 78711.3087

n Protecting Texas by

Reducing and

~PreventingPollution

TCEQ
I

[- ------------ ---_.._- -

I

I

fifd6ama

\

\

'Tennessee

:Jvtississippi

:Missouri

This map was generated by the Chief Engineer's Office, Air Quality Division of the Texas Commission on

Environmental Quality. No claims are made to the accuracy or completeness of the data or to the suitability

for a particular USB. For information concerning this map, contact Kim Hendon of the Air Quality Division

al (512) 239-1421 Raj Nadkami (512) 239-1934 July 30,2007

Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from the City of Houston

Ol(fdfioma

1(ansas

.We6rasfta ----------1,

TCEQ

Denver

'New

:Jvte:xjco

Co{oraao

Tn.. Comm's.'on on Environmental Quality

Chle' Englneefs Office Air Quality Dlvl./on

PO Box 13087lMaU Code 1641

AusUn, Ten. 78711·3087
:J{e6ras/(,a

uyominlJ

Denver

"---'-1

I

i

_-_.. _ _----_ __ _._ --_.._-_.

Distance to Nearest and Adjacent

Non-Texas Nonattainment Cities

from Houston-Galveston-Brazoria Area

This map was generated by the Chief Enginee(s Office, Air Quality Division of the Texas Commission on

Environmental auality. No daims are made to the accuracy or completeness of the data or to the suitability

for a particular use. For information concerning this map, contact Kim Hendon of the Air Quality Division

at (512) 239-1421 Raj Nadkarni (512) 239-1934 July 30,2007

-'- --'--

:J{ew

~Mexjco

Protecting Texas by

I" IIReducing and

~Preventing Pollution

TCEQ

Texas Commission on Environmental

Chief Englnee(e Office

Air Quailly DIvision

PO Box 13087 (Mall Code 164)

Austin, Texas 78711-3087

1(ansas

"

'",,-

\ Saint

\.r-ouiS

:-'I1issouri

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\
APPENDIXB
Modeled Additional

Base 2004-05 NOx Future Modeled NOx Year Intermediate Reductions Year NOx Reductions

Area of Base NOx YearNOx 2000-05 NOx Reductions 2000-09

Rule State Year (tpd) (tpd) (tpd) (tpd) for 2009 (tDd) (tDd) Notes

DFW DFW9- 2000 49 45 4 26 19.4 23 The 2004 value is ozone Ch.117 County season actuals rep0l1ed.

(cont.) NEGUs Final compliance date of

May 2005 for engine and

industrial boilers. The 2009

value includes recent SIP

rules.

BPA BPA 3- 2000 26 11 15 11 15 The 2004 value is ozoneCh.117 County season actuals reported.

EGUs

BPA3- 2000 97 71 26 71 26 The 2004 value is ozoneCounty season actuals reported.

NEGUs Final compliance for these

engines, heaters, and boilers

- is May 2005.

HGB HGB Mass 2000 192 53 139 51 2 141 The 2004 value is ozoneMECT Emission season actuals reported.

Cap and Final compliance for most

Trade for ofthese is May 2005. The

EOUs cogen units have until April

2008 for final compliance

with the last phase ofthe

CaD.

HOB Mass 2000 283 178 105 . 102 76 181 The 2004 value is ozoneEmission season actuals reported.

Cap and Final compliance for 1110St

Trade for ofthese is April 2008 with

NEGUs the last Dhase of the Cap.

Totals 1641 908 733 810 98 831

EOU subtotal 1212 614 598 612 2 600

NEGU subtotal 429 294 135 199 95 230
Major Point Source NOxRules and Reductions Promulgated in Texas since 2000

Modeled Additional

Base 2004-05 NOx Future Modeled NOx

Year Intermediate Reductions Year NOx Reductions

Area of Base NOx YearNOx 2000-05 NOx Reductions 2000-09

Rule State Year (tpd) (tpd) (tpd) (tpd) for 2009 (tpd) (tpd) Notes

SB7 and "EastTX" 2000 776 435 341 435 341 Final compliance date of

East! Attainment May 2005; includes those

Central Counties units that can trade and

TX EGUs those that cannot; 2005

Ch.117 value includes new unit

growth 2000-05, 2000

values for non-acid rain

units, and 2005 acid rain

--~---"'----" ,. -- f---------.- values for acid rain units. .... _.__.._._.".__..._'_H -_..•_~-

West Texas 2000 145 99 46 99 46 Final compliance date of

EGUs May 2005; includes those

units that can trade and

those that cannot; 2005

value includes new unit

growth 2000-05, 2000

values for non-acid rain

units, and 2005 acid rain

values for acid rain units.

DFW DFW 9-co 2000 73 16 57 16 0.4 57 Final complianc'e date of

Ch.117 EGUs May 2005; 2005 value

includes new unit growth

2000-05, 2000 controlled

values for non-acid rain

units, and 2005 acid rain

values for acid rain units.

The 2009 value includes

recent SIP rules.
APPENDIXC
Texas Electric Generating Utility NOx Control Strategies Compared

to the Clean Air Interstate Rule (CAIR)

Facility Type State Emission Rate CAIR 2009 CAIR2015

Requirements

Utility Electric Generation in Ozone Nonattainment Areas Emission Specifications for Attainment Demonstrations

Houston-Galveston-Brazoria

Gas-Fired Electric Power 0.030 lb ofNOx/MMBtu 0.15 lb ofNOx/MMBtu 0.1251b ofNOxlMMBtu

Utility Boilers Generating Systems

Industrial, Commercial 0.020 lb ofNOxlMMBtu 0.15 lb ofNOx/MMBtu 0.125 lb ofNOx/MMBtu

and Institutional 0.030 lb ofNOx/MMBtu

0.036 lb ofNOx/MMBtu

Coal-Fired Wall-Fired 0.050 lb ofNOx/MMBtu 0.15 lb ofNOx/MMBtu 0.125 lb ofNOx/MMBtu

Utility Boilers

Tangential-Fired 0.045 lb ofNOx/MMBtu

Oil-Fired Utility Wall-Fired 0.050 lb ofNOxlMMBtu 0.15 lb ofNOx/MMBtu 0.125 lb ofNOxlMMBtu

Boilers

Tangential-Fired 0.045 lb ofNOx/MMBtu

Auxiliary Steam Utility Boilers 0.030 lb ofNOx/MMBtu 0.15 lb ofNOx/MMBtu 0.1251b ofNOx/MMBtu

Coke-Fired Boilers 0.057 lb ofNOxlMMBtu 0.15 lb ofNOx/MMBtu 0.125 lb ofNOx/MMBtu

Wood Fuel-Fired Boilers 0.060 lb ofNOx/MMBtu 0.15 lb ofNOx/MMBtu 0.1251b ofNOx/MMBtu

Stationary Gas Electric Power 0.032 lb ofNOx/MMBtu 0.15 lb ofNOx/MMBtu 0.125 lb ofNOx/MMBtu

Turbines Generating Systems

Industrial, Commercial 0.032 lb ofNOxlMMBtu 0.15 lb ofNOx/MMBtu 0.125 lb ofNOx/MMBtu

and Institutional 0.15 lb ofNOx/MMBtu

0.26 lb ofNOx/MMBtu

Dallas-Fort Worth

Large Utility Boilers 0.033 lb of NOx /MMBtu 0.15 lb ofNOx/MMBtu 0.125 lb ofNOx/MMBtu

Small Utility Boilers 0.06 lb ofNOx /MMBtu 0.15 lb ofNOx/MMBtu 0.1251b of NOx/MMBtu

Beaumont-Port Arthur

All Utility Boilers 0.10 lb ofNOx/MMBtu 0.15 lb ofNOx/MMBtu 0.1251b ofNOx/MMBtu
Texas Electric Generating Utility NOx Control Strategies Compared

to the Clean Air Interstate Rule (CAIR)

Facility Type State Emission Rate CAIR 2009 CAIR2015

Requirements

Utility Electric Generation in East and Central Texas

Gas-Fired Utility Boilers 0.141b ofNOx/MMBtu 0.15 Ib ofNOx /MMBtu 0.125 Ib ofNOx/MMBtu

Coal-Fired Utility Boilers 0.165 lb ofNOx/MMBtu 0.151b ofNOxlMMBtu 0.125 Ib ofNOx/MMBtu

Senate Bill 7

East Texas Region Grandfathered 0.14 lb ofNOx/MMBtu 0.151b ofNOx/MMBtu 0.125 lb ofNOx/MMBtu

Facilities

West Texas and El Paso Region 0.195 lb ofNOx/MMBtu 0.151b ofNOx/MMBtu 0.125 Ib ofNOxlMMBtu

Grandfathered Facilities

2
APPENDIXD
PUBLIC COMMENT

A public hearing was scheduled for December 11,2007, in Austin. No commenters signed-up to

provide oral testimony, therefore the hearing was not officially opened. One written comment

was received during the comment period from the Sierra Club - Houston Regional Group (Sierra

Club).

RESPONSE TO COMMENTS

The Sierra Club stated that their comments were in reference to the Texas Commission on

Environmental Quality's (TCEQ) proposed Eight-Hour Ozone and Fine Particulate Matter

Transport State Implementation Plan (SIP) revision for the Clean Air Interstate Rule (CAIR).

The commission would like to clarify that this proposed SIP revision is in reference to

Section llO(a)(2)(D)(i) SIP revision and is not a SIP revision for the CAIR SIP. The

proposed SIP revision is concerning ozone and fine particulate matter transport emissions

to other states.

The Sierra Club also commented that the emissions inventory is faulty. "A faulty EI means faulty

modeling; means faulty predictions of precursor and ozone transport; means faulty attainment of

the ozone standard."

The TCEQ continues to refine its information, including emissions inventory, with each SIP

revision submittal. Emissions inventory data will always require close scrutiny because

future projections as well as reported data are used in SIP revision development and

submittals. However, this SIP revision concerning ozone and fine particulate matter

transport emissions relies on existing SIP revisions the commission has submitted to the

EPA and does not contain a revised emissions inventory. Nor does it contain modeling, but

relies on technical work conducted by the EPA.

"The Sierra Club opposes the approval of the Transport SIP revision because it does not reduce

significantly and/or resolve the transport of ozone, precursors, and nonattainment areas in Texas

or other states." The TCEQ should reduce transport within Texas and thus it would reduce

transport outside ofTexas.

This SIP revision is not an attainment demonstration. The purpose of this SIP revision does

not concentrate on how sources within Texas impact Texas, but how sources within Texas

impact other states. The EPA is predicting, based on their modeling, that the impact of

existing controls, in addition to the future controls from CAIR, will result in all

nonattainment areas in adjacent states attaining the eight-hour ozone standard. In

addition, the EPA's recognition that CAIR is adequate to demonstrate compliance with the

PMZ•5 transport requirement shows Texas has adequately addressed any potential transport

issues associated with eight-hour ozone and PMZ•

5 and fulfilled its eight-hour ozone and

PMZ•5 transport SIP obligations.

The Sierra Club commented that they have many concerns regarding ozone pollution in Texas,

specifically the Houston-Galveston-Brazoria (HGB) area. The Sierra Club commented that "for
over three decades the TCEQ and its predecessor agencies have adopted a minimalist and

incremental policy of ozone and precursor air pollution control and reduction."

The commission appreciates the commenter's concerns regarding past and future

attainment demonstrations in Texas. The commission recognizes the chaHenges, as well as

the success that Texas, particularly the HGB area, has overcome and accomplished in the

past thirty years. Trend data for the period 1991 through 2007 in the HGB area show that

both the one-hour and eight-hour ozone design values have decreased over the past 17

years. The 2007 one-hour design value was 153 parts per billion (ppb), representing a 31

percent decrease from the value for 1991 (220 ppb). The 2007 eight-hour design value

was 96 ppb, a 19 percent decrease from the 1991 value of 119 ppb. These decreases

occurred in spite of a 31 percent increase in area population. The foHowing graph depicts

this information.

2
One-Hour and Eight-Hour Ozone Design Values and

Estimated Population for the HGB Area

(1991-2007) 250 .---------------..........-::-----.:..-...----------------,- 6

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Co

-

O+--......,....--.....---.-----.---,------.----.-------.---..---.----..----.----,---r----,..----+-O

1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007*

• 1-Hr DV - I1-Hr NMOS • 8-Hr DV - I8-Hr NMOS

-*-Population Linear (1-Hr DV) Linear (8-Hr DV)

·Source: Ozone - EPA and Mother database. 2007 data is current as of January 8, 2008 and is sUbject to change.

1991-2006 Population --http://www.census.gov/popestlarchives/1990s/MA-99-03b.txt and http://www.census.gov/popestlcounties/CO-EST2006-01.hlml, July 3, 2007

2007 Population --hllp://www.window.state.tx.us/ecodala/popdala/popfiles.hlml

3
ORDER ADOPTING

REVISION TO THE STATE IMPLEMENTATION PLAN

Docket No. 2007-1244-SIP

On April 16, 2008, the Texas Commission on Environmental Quality (Commission), during a public

meeting, considered adoption of revisions to the State Implementation Plan (SIP) for Ozone (03) and Fine

Particulate Matter (PM2.s) transpOlt emissions. The Commission adopts this revision to the SIP documenting

how the Commission has met the Federal Clean Air Act (FCAA), section 1l0(a)(1) requirement for states to

submit SIPs after the promulgation of new or revised National Ambient Air Quality Standards (NAAQS) to

meet the requirements of FCAA, § ll0(a)(2), including FCAA, § 110(a)(2)(D)(i), relating to interstate transport

of 0 3 and/or PM2.s. Under Tex. Health & Safety Code Ann. §§ 382.011, 382.012, and 382.023 (Vernon 2001),

the Commission has the authority to control the quality of the state's air and to issue orders consistent with the

policies and purposes ofthe Texas Clean Air Act, Chapter 382 ofthe Tex. Health & Safety Code. Notice of the

proposed SIP revision was published for comment in the November 23, 2007, issue of the Texas Register (32

TexReg 8603).

Pursuant to 40 Code of Federal Regulations § 51.102 and after proper notice, the Commission

conducted a public hearing to consider the revision to the SIP. Proper notice included prominent advertisement

in the areas affected at least 30 days prior to the date of the hearing. An opportunity to provide public comment

was offered at a public hearing scheduled in Austin, Texas, on December 11,2007; however, no oral comments

were provided at the hearing.

The Commission circulated hearing notices of its intended action to the public, including interested

persons, the Regional Administrator of the (EPA), and all applicable local air pollution control agencies. The

public was invited to submit data, views, and recommendations on the proposed SIP revision, either orally or in

writing, at the hearing or during the comment period. Prior to the scheduled hearing, copies ofthe proposed SIP

revision were available for public inspection at the Commission's central office and on the Commission's Web

site.

Data, views, and recommendations of interested persons regarding the proposed SIP revision were

submitted to the Commission during the comment period, and were considered by the Commission as reflected.

in the analysis of testimony incorporated by reference to this Order. The Commission finds that the analysis of

testimony includes the names of all interested groups or associations offering comment on the proposed SIP

revision and their position concerning the same.

IT IS THEREFORE ORDERED BY THE COMMISSION that the revision to the SIP incorporated by

reference to this Order is hereby adopted. The adopted revision to the SIP is incorporated by reference in this

Order as ifset forth at length verbatim in this Order.
IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Commission, the Chairman

should transmit a copy of this Order, together with the adopted revision to the SIP, to the Regional

Administrator of EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act, codified at

42 U.S. Code Ann. §§ 7401 - 7671q, as amended.

,~ (~1 .-) .'.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.

Date issued: APR 22 2008 TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY