Buddy Garcia, Chairman

LarryR. Soward,Commissioner

BryanW.Shaw, Ph.D., Commissioner

GlennShankle,Executive Director

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Protecting Texas by ReducingandPreventing Pollution

April 4, 2008

Richard E. Greene, Regional Administrator

U.S. Environmental Protection Agency -- Region 6

1445 Ross Avenue, Suite 1200

Dallas, Texas 75202-2733

Dear Mayor 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 of Texas, 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 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

1
Texas 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

TASK FORCES

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 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 OJ: 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 ofthe TCAA or the rules or orders ofthe Commission.

Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection

and maintenance programs in certain areas of the 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 of all § 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 ORDER BECAUSE 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 of both 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

of emissions 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 of emissions, 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.

The following chapters of Title 30, Texas Administrative Code (TAC), contain rules

relevantfor 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 by Rille, Subchapter A, 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 ofAir Pollution from Motor Vehicles

Control ofAir Pollution from Volatile Organic Compounds

Control ofAir Pollution by Permits for New Construction or

Modification

Control ofAir Pollution from Nitrogen Compounds

Control ofAir Pollution Episodes

4
§110(a)(2)(B)

EPA Requirement:

Provide for establishment and operation of devices, 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 of air quality monitors to collect air emissions data that

is reported to the EPA on a regular basis.

The following chapters of Title 30, Texas Administrative Code (TAC), contain rules

relevantfor thisfederal requirement:

Chap. 101

Chap. 106

Chap. 111

Chap. 112·

Chap. 115

Chap. 116

Chap. 117

General Air Quality Rules

Permits by Rule, Subchapter A, General Requirements

Control ofAir Pollution from Visible Emissions and Particulate

Matter

Control ofAir Pollution from Sulfur Compounds

Control ofAir Pollution from Volatile Organic Compounds

Control ofAir Pollution by 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 of the modification and construction of any 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.

The following chapters of Title 30, Texas Administrative Code (TAC), contain rules

relevantfor 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 Quality Rules

Permits by Rule, Subchapter A, General Requirements

Control ofAir Pollution from Sulfur Compounds

5
Chap. 115

Chap. 116

Chap. 117

Control ofAir Pollution 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 of emissions

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

implementation plan for any other State,under part C to prevent significant

deterioration of air quality or to protect visibility.

(ii) Insure compliance with the applicable requirements of §§ 1261 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 of such

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 of air 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.

6
in 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.

The following chapters of Title 30, Texas Administrative Code (TAC), contain rules

relevantfor thisfederal 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 of any 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

of air quality as established by the Texas legislature.

The following chapters of Title 30, Texas Administrative Code (TAC), contain rules

relevantfor thisfederal requirement:

Chap. 7

Chap. 101

Chap. 106

Memoranda ofUnderstanding

General Air Quality Rules

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 of members 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 of an executive agency with similar powers be disclosed. A State may

adopt any requirements respecting conflicts ofinterest for such boards or bodies or heads of executive agencies, or any

other entities which are more stringent than the requirements of(I) and (2).

7
Chap. 116 Control ofAir Pollution by Permits for New Construction or

Modification

§110(a)(2)(F)

EPA Requirement:

Require, as may be prescribed by EPA:

(i) installation, maintenance, and replacement of equipment, and implementation

of other necessary steps, by owners or operators ofstationary sources to monitor

emISSIOns.

(ii) Periodic reports on the nature and amounts of emissions 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 of its 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 of Title 30, Texas Administrative Code (TAC), contain rules

relevant for thisfederal requirement:

Chap. 101

Chap. 106

Chap. 111

Matter

Chap. 112

Chap. 115

Chap. 116

Modification

Chap. 117

General Air Quality Rules

Permits by Rule, Subchapter A, General Requirements

Control ofAir Pollution from Visible Emissions and Particulate

Control ofAirPollution from Sulfur Compounds

Control ofAir Pollution from Volatile Organic Compounds

Control ofAir Pollution by 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 major metropolitan areas.

The following chapters of Title 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 of attaining 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 of sources (including moving sources) is presenting an imminent and substantial endangerment to public

health or welfare, or the environment, may bring suit on behalf of the 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. If it is not practicable to assure prompt protection of public

health or welfare or the environment by commencement of such 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 of the 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 of not

more than 60 days, unless EPA brings an action pursuant to the first sentence of this 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 visibility protection).

Texas requirement:

Texas has an established public participation process for all SIP revisions and permitting

programs. 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.

The following chapters of Title 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 of direct 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 of elected 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 of a plan may petition for judicial review.

6 § 127. (a) Each plan shall contain measures to regularly notify the public of when 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 of measures 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 of air quality modeling as EPA may prescribe for

the purpose ofpredicting the effect on ambient air quality of any

emissions of any air pollutant for which EPA has established a NAAQS.

Provide for the submission, upon request, of data related to such air

quality modeling to EPA.

Texas requirement:

Air quality modeling is conducted during development of revisions 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.

The following chapters of Title 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 of a major stationary source to pay, as a condition of any permit required

under CAA, a fee sufficient to cover: (i) reasonable cost of reviewing and acting upon

any permit application, and (ii) if the owner receives a permit, the reasonable costs of

implementing and enforcing the terms and conditions of the permit (not including court

costs or costs associated with enforcement), until fee requirement is superseded by EPA

approval of a Title V fee program.

Texas requirement:

TCEQ assesses fees for reviewing permit applications and for enforcing the terms and

conditions of permits.

The following chapters of Title 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 participation by 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 regular part ofTCEQ's process of developing SIP revisions.

12

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