Buddy Garcia, Chairman LarryR. Soward,Commissioner BryanW.Shaw, Ph.D., Commissioner GlennShankle,ExecutiveDirector


### TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas byReducingandPreventingPollution

April 4, 2008

Richard E. Greene, Regional Administrator U.S. Environmental Protection Agency -- Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733

DearMayor Greene:

In response to the guidance issued by the United States Environmental Protection Agency (EPA) on October 2, 2007, "Guidance on State Implementation Plan (SIP) Elements Required Under 110(a)(1) and (2) for the 1997 Eight-Hour Ozone and PM2

.5 National Ambient Air Quality Standard," the EPA has requested that states certify that existing SIPs contain infrastructure provisions that address the requirements of the eight-hour and PM2

.5 National Ambient Air Quality Standards. At the request of EPA Region 6 staff, the Texas Commission on Environmental Quality (TCEQ) submitted a letter to EPA Region 6 on December 12, 2007, regarding eight-hour ozone SIP revisions. In late December, the EPA requested additional information regarding the infrastructure elements of 11O(a)(1) and (2).
Based on the supporting documentation enclosed with this letter, Texas has addressed any potential infrastructure issue associated with ozone and PM2.5 and fulfilled its infrastructure SIP obligations. If you have any questions or would like any additional information, please contact David C. Schanbacher, P.E., Chief Engineer, at (512) 239-1228 or Stephanie Bergeron Perdue, Deputy Director, at (512) 239-0615.
Sincerely,

# B~ 0?5YrfiD

Chairman

Enclosure
cc: Carl Edlund, EPA Region 6 Thomas Diggs, EPA Region 6 Guy Donaldson, EPA Region 6 Carl Young, EPA Region 6

P.O.Box13087 • Austin, Texas 78711-3087 • 512-239-1000 • Internet address: www.tceq.state.tx.us
printed on recycled paper using soy-based ink

### State Implementation Plan (SIP) Infrastructure Requirements of Federal Clean Air Act (FCAA) § 110(a)(2)

§

### 11O(a)

### (2) ofthe Clean Air Act provides requirements for all state implementation plans regarding the national ambient air quality standards (NAAQS) for ozone and particulate matter.: On the following pages each subparagraph of§

### 11O(a)

### (2) from (A) through (M) is listed, with various provisions supporting the requirements. The federally enforceable State Implementation Plan (SIP) for Texas is documented at 40 Code of Federal Regulations (CFR) Part 52, Subpart SS.



### Texas Statutory Authority The Texas Commission on 

### Environmental Quality (TCEQ) has the legal authority to implement, maintain and enforce the NAAQS. Texas' legal authority has been submitted to the EPA as part ofvarious SIP revisions and approved by the EPA.


### Background 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 ofTexas 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 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 commission is found in Texas Water Code 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 commission, and the responsibilities and authority ofthe Executive Director. This Chapter also authorizes the commission to implement action when emergency conditions arise and to conduct hearings. Chapter 7 gives the commission enforcement authority. In 2001, the 7ih Texas Legislature continued the existence of the commission until September 1,**~013,** 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 ofthe 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

1Texas Water Code:

§ 5.013(a)(11) & (13) GENERAL JURISDICTION OF COMMISSION

2 COMMISSION MEMBERS OF THE COMMISSION; APPOINTMENT ELIGIBILITY FOR MEMBERSHIP REMOVAL OF COMMISSION MEMBERS CONFLICT OF INTEREST LOBBYIST PROHIBITION SCOPE OF SUBCHAPTER GENERAL POWERS RULES MEMORANDA OF UNDERSTANDING GENERAL POLICY BUDGET APPROVAL ADVISORY COMMITTEES, WORK GROUPS, AND TASKFORCES MANDATORY ENFORCEMENT HEARING 

### § 5.051. § 5.052. § 5.053. 

### § 5.054. § 5.059. § 5.060. § 5.101 ,§ 5.102 § 5.103 § 5.104. § 5.105 § 5.106 § 5.107

§ 5.117 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 ofpermits 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 OJ: other local governments. In addition, a city or town may enact and enforce ordinances for the control and abatement ofair pollution not inconsistent with the provisions ofthe TCAA or the rules or orders ofthe Commission.
Subchapters G and H ofthe TCAA authorize the TCEQ to establish vehicle inspection and maintenance programs in certain areas ofthe state, consistent with the requirements of the federal Clean Air Act; coordinate with federal, state and local transportation

. planning agencies to develop and implement transportation programs and measures necessary to attain and maintain the NAAQS; and fund and authorize participating counties to implement vehicle repair assistance, retrofit and accelerated vehicle retirement programs.

STATUTORY AUTHORITY The following statutory authority allows for the establishment and operation ofthe TCEQ and the adoption and implementation ofall § 11O(a)(2) requirements.

Texas Clean Air Act, Tex. Health & Safety Code, Chapter 382, except Subchapter I.§ 5.120 

### § 5.133 § 5.1733. § 5.223

§ 5.230 § 5.233 § 5.237. § 5.501.

§ 5.502.

§ 5.514. § 5.515. § 5.701(a) § 5.702 § 5.703 § 5.704 § 5.705 § 7.002 § 7.032 § 7.051 § 7.052 § 7.053

§ 7.061 § 7.066 .§ 7.067 § 7.072 § 7.073 §7.101 § 7.102 § 7.103 § 7.105 § 7.106 § 7.177 § 7.178 § 7.179

§ 7.180 § 7.181 § 7.182

§ 7.183 CONSERVATION AND QUALITY OF ENVIRONMENT ACTIONS IN MEXICO ELECTRONIC POSTING OF INFORMATION ADMINISTRATNE ORGANIZATION OF COMMISSION ENFORCEMENT GIFTS AND GRANTS OPERATING FUND EMERGENCY AND TEMPORARY ORDER OR PERMIT; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITION APPLICATION FOR EMERGENCY OR TEMPORARY ORDER ORDER ISSUED UNDER AIR EMERGENCY. EMERGENCY ORDERBECAUSE OF CATASTROPHE FEES PAYMENT OF FEES REQUIRED WHEN DUE FEE ADmSTMENTS NOTICE OF CHANGE IN PAYMENT PROCEDURE NOTICE OF VIOLATION ENFORCEMENT AUTHORITY INmNCTNE RELIEF ADMINISTRATNE PENALTY MAXIMUM PENALTY FACTORS TO BE CONSIDERED IN DETERMINATION OF PENALTY AMOUNT PAYMENT OF PENALTY; PETITION FOR REVIEW REFERRAL TO ATTORNEY GENERAL SUPPLEMENTAL ENVIRONMENTAL PROJECTS RECOVERY OFPENALTY 

### CORRECTNE ACTION VIOLATION MAXIMUM PENALTY CONTINUING VIOLATIONS' CNILSUIT RESOLUTION THROUGH ADMINISTRATNE ORDER VIOLATIONS OF CLEAN AIR ACT FAILURE TO PAY FEES UNDER CLEAN AIR ACT FALSE REPRESENTATIONS UNDER CLEAN AIR ACT FAILURE TO NOTIFY UNDER CLEAN AIR ACT IMPROPER USE OF MONITORING DEVICE RECKLESS EMISSION OF AIR CONTAMINANT AND ENDANGERMENT INTENTIONAL OR KNOWING EMISSION OF AIR CONTAMINANT AND KNOWING ENDANGERMENT

3§ 7.186 § 7.187 § 7.302 SEPARATE OFFENSES PENALTIES GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT

REGULATORY AUTHORITY
The TCEQ has promulgated rules implementing statutory authority to meet the requirements ofboth the Federal Clean Air Act and the Texas Clean Air Act. These rules

were submitted to EPA 

### in various SIP revisions and have been approved in the 

### Federal Register, or are pending EPA review. Rules that are relevant for each 

### § 110(a)(2) requirement are noted below.



## §110(a)(2)(A) EPA Requirement: Include enforceable emISSIOn limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions ofemissions rights), as well as schedules and timetables for compliance.

Texas requirement: The TCEQ has promulgated rules to implement and enforce the NAAQS and other air quality standards. These rules include programs for banking and trading ofemissions, as well as permits and fees. Periodic revisions to the SIP establish timetables and schedules for improving the air quality in the nonattainment areas, and areas that may become nonattainment for ozone.



### Thefollowing chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for thisfederal requirement:
Chap. 7 Chap. 101 Chap. 106 Chap. 111
Chap. 112 Chap. 113
Chap. 114 Chap. 115 Chap. 116
Chap. 117 Chap. 118 Memoranda ofUnderstanding General Air Quality Rules Permits byRille, SubchapterA, General Requirements Control ofAir Pollution from Visible Emissions and Particulate Matter Control ofAir Pollution from Sulfur Compounds Standards ofPerformance for Hazardous Air Pollutants and for Designated Facilities and Pollutants Control ofAirPollution from Motor Vehicles Control ofAir Pollution from Volatile Organic Compounds Control ofAirPollutionby Permits forNew Construction or Modification Control ofAirPollution from Nitrogen Compounds Control ofAir Pollution Episodes

4

## §110(a)(2)(B) EPA Requirement: Provide for establishment and operation ofdevices, methods, systems, and procedures to: (i) monitor, compile, and analyze data on ambient air quality, and (ii) make such data available to EPA.



### Texas requirement: The TCEQ maintains a network ofair quality monitors to collect air emissions data that is reported to the EPA on aregularbasis.



### Thefollowing chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for thisfederal requirement:
Chap. 101 Chap. 106 Chap. 111
Chap. 112· Chap. 115 Chap. 116
Chap. 117 General Air Quality Rules Permits by Rule, SubchapterA, General Requirements Control ofAirPollution from Visible Emissions and Particulate Matter Control ofAir Pollution from Sulfur Compounds Control ofAir Pollution from Volatile Organic Compounds Control ofAir Pollutionby 

### Permitsfor New Construction or, Modification Control ofAir Pollution from Nitrogen Compounds



## §110(a)(2)(C) EPA Requirement: Include a program to provide for enforcement of measures in 

### § 110(a)(2)(A), and regulation ofthe modification and construction ofany stationary source within the areas covered by the plan as necessary to assure that NAAQS are achieved, including a permit program as required in parts C and D.



### Texas requirement: TCEQ has established rules governing the enforcement of control measures, including attainment plans and permitting programs that regulate construction and modification of stationary sources.



### Thefollowing chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for thisfederal requirement:
Chap. 35

Chap. 101 Chap. 106 Chap. 112 Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment ofPennit Conditions; Subchapters A, 

### B,C,K General Air QualityRules Permits by Rule, SubchapterA, General Requirements Control ofAir Pollution from Sulfur Compounds

5Chap. 115 Chap. 116
Chap. 117 Control ofAirPollution from Volatile Organic Compounds Control ofAir Pollution by Permits for New Construction or Modification Control ofAir Pollution from Nitrogen Compounds



## §110(a)(2)(D) EPA Requirement: (i) Contain adequate provisions prohibiting any source or other type ofemissions activity from emitting any air pollutant in amounts which will: (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any such national primary

or secondary ambient air quality standard. (II) interfere with measures required to be included in the applicable implementationplan for any other State,underpart C to prevent significant deterioration ofair quality or to protect visibility. (ii) Insure compliance with the applicable requirements of§§ 126 1 and 1152 (interstate and international pollution abatement).

Texas requirement: Texas is included in the Clean Air Interstate Rule (CAIR) for PM2.5, but not for Ozone, and has submitted to the EPA a SIP revision to implement CAIR. The TCEQ is currently

1 §126 (a) Each plan shall (I) require each major proposed new or modified source (A) subject to Part C or (D) which may significantly contribute to pollution in excess ofthe NAAQS in any AQCR outside the State in which such source intends to locate or modify, to provide written notice to all nearby States the pollution levels ofwhich may be affected by such source 60 days prior to the date on which commencement of construction is to be permitted by the State, and (2) identify all major existing stationary sources which may have the impact described in (I) with respect to new or modified sources 'and provide notice to all nearby States of the identity of such sources, (b) Any State may petition EPA for a finding that any major source or group ofstationary sources emits or would emit any pollutant in violation of the prohibition of § 11O(a)(2)(D)(ii) or this section. (c) Notwithstanding any permit which may have been granted by the State, it shall be a violation of this section and the plan - (I) for any major proposed new or modified source with respect to which a finding has been made under subsection (b) to be constructed or to operate in violation of this section and the prohibition of § 110(a)(2)(D)(ii) or this section, or (2) for any major existing source to operate more than 3 months after such finding has been made. EPA may permit the continued operation of a source beyond the expiration of the 3-month period if the source complies with the emission limitations and compliance schedules as may be provided by EPA to bring about compliance with the requirements of § II O(a)(2)(D)(ii). Nothing shall be construed to preclude any such source from being eligible for an enforcement order under § 113(d) after the expiration ofsuch period during which EPA has permitted continuous operation. 2 § 115 (a) Whenever EPA, upon receipt of reports, surveys or studies from any duly constituted international agency has reason to believe that any pollutants emitted in the US cause or contribute to pollution which may reasonably be anticipated to endanger public health or welfare in a foreign country or whenever the Secretary of State requests it to do so, EPA shall- give formal notification to the Governor of the State in which such emissions originate. (b) The EPA notice shall be deemed to be a finding under § 11O(a)(2)(H)(ii)which requires a plan revision with respect to so much of the applicable plan as is inadequate to prevent or eliminate the endangerment. Any foreign country so affected by such emission of pollutants shall be invited to appear at any public hearing associated with any revision of the appropriate portion ofthe applicable plan. (c) This section shall apply only to a foreign country which EPA determines has given the US the same rights with respect to the prevention or control ofair pollution occurring in that country. (d) Recommendations issued following any abatement conference conducted prior to CAA 1977 shall remain in effect with respect to any pollutant for which no NAAQS has been established under § 109 unless EPA, after consultation with all agencies, which were party to the conference, rescinds any such recommendation.

6in the process ofrevising the CArR SIP and rule to account for federal rule revisions and
state legislative changes. Additionally, since Texas was not included in the CArR for ozone, the TCEQ is preparing a SIP revision relating to Transport in compliance with EPA's Finding ofFailure to Submit.



### Thefollowing chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for this federal requirement:

Chap. 101 Chap. 122 Chap. 122 General Air Quality Rules Subchapter E, Division 2, Clean Air Interstate Rule Subchapter E, Division 3, Clean Air Mercury Rule



## §110(a)(2)(E)
EPA Requirement: Provide: (i) necessary assurances that the State will have adequate personnel, funding, and authority under State law to carry out such implementation plan (and is not prohibited by any provision ofFederal or State law from carrying out such plan). (ii) Requirements that the State comply with the requirements respecting State boards under 

### § 128.3 (iii) Necessary assurances that, where the State has relied on a local or regional government, agency, or instrumentality for the implementation ofany plan provision, the State has responsibility for ensuring adequate implementation of such plan provision.

Texas requirement: The TCEQ has consistently included assurances in SIP reVISIOns that the State has adequate personnel, funding, and authority under State law to carry out the SIP. The TCEQ has various Memoranda of Understanding with other state and local agencies. Local governments have their own responsibilities and privileges regarding the protection ofair quality as established by the Texas legislature.



### Thefollowing chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for this federal requirement:

Chap. 7 Chap. 101 Chap. 106 Memoranda ofUnderstanding General Air QualityRules Permits by Rule, Subchapter A, General Requirements

3 § 128 (a) each plan shall contain requirements that

- (I) any board or body which approves permits or enforcement orders shall have at least a majority ofmembers who represent the public interest and do not derive any significant portion oftheir income from persons subject to permits or enforcement orders, and (2) any potential conflicts ofinterest by members of such board or body or the head ofan executive agency with similar powers be disclosed. A State may adopt any requirements respecting conflicts ofinterest for such boards or bodies or heads ofexecutive agencies, or any other entities which are more stringent than the requirements of(I) and (2).

7Chap. 116 Control ofAir Pollutionby Permits for New Construction or Modification



## §110(a)(2)(F) EPA Requirement: Require, as may be prescribedby EPA: (i) installation, maintenance, and replacement ofequipment, and implementation ofother necessary steps, by owners or operators ofstationary sources to monitor emISSIOns. (ii) Periodic reports on the nature and amounts ofemissions and emissions-related data. (iii) Correlation ofsuch reports by the State agency with any emission limitations or standards established pursuant to CAA, which reports shall be available at reasonable times for public inspection.

Texas requirement: The TCEQ requires monitoring for air pollutants as part ofits new source review permit program. Certain emission sources are required to submit annual emission inventories, and periodic reporting of emissions, which provides data that is used in air quality modeling to help Texas prepare attainment demonstration plans. Emission data is available at reasonable times for public inspection, with some information also available on the agency web site.



### The following chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for this federal requirement:
Chap. 101 Chap. 106 Chap. 111 Matter Chap. 112 Chap. 115 Chap. 116 Modification Chap. 117 General Air Quality Rules Permits by Rule, SubchapterA, General Requirements Control ofAir Pollution from Visible Emissions and Particulate

Control ofAirPollution from Sulfur Compounds Control ofAir Pollution from Volatile Organic Compounds Control ofAir Pollutionby Permits for New Construction or

Control ofAir Pollution from Nitrogen Compounds

8

## §110(a)(2)(G) EPA Requirement: Provide for authority comparable to that in § 3034 and adequate contingency plans to implement such authority.



### Texas requirement: The TCEQ may issue emergency orders, or issue or suspend air permits as required by an air pollution emergency. In addition the TCEQ also maintains air pollution information in a form readily available to the public on the commission's internet web site at http://www.tceq.state.be.us/compliance/monitoring/air/monops/forecast today.htmL Local weather forecasts regularly warn the public about poor air quality days, including

ozone alerts in all majormetropolitan areas.



### Thefollowing chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for this federal requirement:

Chap. 35

Chap. 118 Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment ofPermit Conditions; Subchapters A, 

### B,C,K Control ofAir Pollution Episodes



## §

## 11O(a)(2)(H) EPA Requirement: Provide for revision ofsuch plan: (i) from time to time as necessary to take account ofrevisions ofsuch national primary or secondary ambient air quality standard or the availability ofimproved

or more expeditious methods ofattaining such standard. (ii) except as provided in (3)(C), whenever EPA finds on the basis ofinformation available to EPA that the plan is substantially inadequate to attain the NAAQS which it implements or to otherwise comply with any additional CAA requirements.

4 § 303. Notwithstanding any other CAA provisions, EPA upon receipt of evidence that a pollution source or combination ofsources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on behalfofthe US in district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission ofpollutants causing or contributing to such pollution or to take such other action as may be necessary. Ifit is not practicable to assure prompt protection ofpublic health or welfare or the environment by commencement ofsuch a civil action, EPA may issue such orders as may be necessary to protect public health or welfare or the environment. Prior to taking any action, EPA shall consult with appropriate State and local authorities and attempt to confirm the accuracy ofthe information on which the proposed action is based. Any order issued by EPA shall be effective upon issuance and shall remain in effect for a period ofnot more than 60 days, unless EPA brings an action pursuant to the first sentence ofthis section before the expiration of that period. Whenever EPA brings such an action within the 60-day period, such order shall remain in effect for an additional 14 days or longer as authorized by the court.



### 9

### Texas requirement: Texas regularly revises its SIP in response to revisions in the NAAQS and EPA rules. See § 

### 110(a)(2)(A), above.



### §110(a)(2)(J) EPA Requirement:

. Meet applicable requirements of§ 1215 

### (consultation); Meet applicable requirements of§ 1276 

### (public notification); Meet applicable requirements ofPart C (PSD and visibilityprotection).



### Texas requirement: Texas has an established public participation process for all SIP revisions and permittingprograms. The TCEQ consults with other state agencies, local agencies, and nongovernmental organizations, as well as with the environmental agencies of other states regarding air quality concerns. All major sources in Texas are subject to Texas' SIP approved PSD program. Texas is currently preparing a SIP revision to address Regional Haze, including a long-term strategy to address visibility impairment for each Class I area that may be impacted by emissions from Texas facilities.



### Thefollowing chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevant for thisfederal requirement:
Chap. 7 Memoranda ofUnderstanding Chap. 35 Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment ofPermit Conditions; Subchapters H & K 

### Chap. 101 General Air Quality Rules Chap. 116 Control ofAir Pollution for New Construction or Modification

5 § 121. In carrying out requirements for plans to contain - (1) any transportation controls, air quality maintenance plan requirements or preconstruction review ofdirect sources ofpollution, or (2) any measure referred to - (A) in part D), or (B) in part C, and in carrying out the requirements of § 113(d), the State shall provide a satisfactory process of consultation with general purpose local governments, designated organizations ofelected officials oflocal governments and any FLM having authority over Federal land to which the State plan applies. Such process shall be in accordance with regulations promulgated by EPA. Only a general purpose unit oflocal government, regional agency, or council of governments adversely affected by action ofEPA approving any portion ofa plan may petition forjudicial review. 6 § 127. (a) Each plan shall contain measures to regularly notify the public ofwhen any NAAQS is exceeded or was exceeded during the preceding year, to advise the public of health hazards associated with such pollution, and to enhance awareness ofmeasures which can be taken to prevent the standards from being exceeded and ways in which the public can participate in regulatory and other efforts to improve air quality.



### 10

## §110(a)(2)(K) EPA Requirement:
(i)

(ii) _ Provide for performance ofair quality modeling as EPA may prescribe for the purpose ofpredicting the effect on ambient air quality ofany emissions ofany air pollutant for which EPA has established a NAAQS. Provide for the submission, upon request, ofdata related to such air quality modeling to EPA.

Texas requirement: Air quality modeling is conducted during development ofrevisions to the Texas SIP, as appropriate for the state to demonstrate attainment with required air quality standards. Modeling is also a part ofthe new source review permitting program.



### Thefollowing chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevantfor thisfederal requirement:
Chap. 116 Control ofAir Pollution for New Construction or Modification



## §110(a)(2)(L) EPA Requirement: Require owner ofa major stationary source to pay, as a condition ofany permit required under CAA, a fee sufficient to cover: (i) reasonable cost ofreviewing and acting upon any permit application, and (ii) ifthe owner receives a permit, the reasonable costs of implementing and enforcing the terms and conditions ofthe permit (not including court costs or costs associated with enforcement), until fee requirement is superseded by EPA approval ofa Title V fee program.

Texas requirement: TCEQ assesses fees for reviewing permit applications and for enforcing the terms and conditions ofpermits.



### Thefollowing chapters ofTitle 30, Texas Administrative Code (TAC), contain rules relevantfor thisfederal requirement:
Chap. 12 Chap. 101 Chap. 106 Chap. 116 Payment ofFees General Air Quality Rules Permits by Rule, Subchapter A, General Requirements Control ofAir Pollution by Permits for New Construction

or Modification

11

------------------ --------------------- --------------------------

## §110(a)(2)(M)

EPA Requirement: Provide for consultation and participationby local political subdivisions affected by the plan.

Texas requirement: The TCEQ has several cooperative agreements and Memoranda ofUnderstanding with various other state and local agencies and organizations. Consultation with a variety of different organizations is a regularpart ofTCEQ's process ofdeveloping SIP revisions.

12

- --- -------

---- - -- - - --------------,