Buddy Garcia,Chairman Larry R. Soward, Commissioner Bryan W. Shaw, Ph.D., Commissioner Mark R. Vickery, P.G., Executive Director 

## 09 JUL 29 At11!: S1


## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas byReducing andPreventing Pollution July 20, 2009



### Docket No. 2009-0676-MIS Project No. 

### 2009-022-0TH-NR

Lawrence E. Starfield, Acting Regional Administrator U.S. Environmental Protection Agency- Region 6 1445 Ross Avenue Dallas, Texas 75202-2733
Dear Mr. Starfield:
On July 8, 2009, the Texas Commission on Environmental Quality (Commission) approved the substitution of certain transportation control measures originally adopted in the State Implementation Plan (SIP) for the Dallas/Fort Worth (DFW) 1-hour and 1997 8-hour ozone nonattainment areas. The Commission approved the substitution ofcertain transportation control measures underthe EPA approved procedure in 30 TAC § 114.270, which allows substitution oftransportation control measures without a revision to the SIP. As required by the rule, a working group was organized by the North Central Texas Council of Governments (NCTCOG), the proposed substitutions were subjectto public hearing and comment (no comments were received), and EPA concurrence with the proposed substitutions was received on May 14, 2009, from Region 6 in accordance with the provisions ofthe Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU).
As required by 30 TAC § 114.270, enclosed is documentation regarding the approved substituted measures, a '-;c' f"-..,_ public hearing certification, a complete record ofthe public hearing, and the accompanying order.**~'•"** 

### g h··· ,_Q

o••- '-- Sincerely, :--· c:::: ,-·,,- 

# ' r-·

# ~O'<UIS "'· N 

### co -u Buddy Garcia :r;:: Chairman**~** 

### 0 ·h. C) BG/ts 

### § 

### _,... (;0')**-~** Enclosures

cc: The Honorable Rick Perry, Governor ofTexas Mr. Toby Baker, Office ofBudget, Planning and Policy, Office ofthe Governor Mr. Mark R. Vickery, P.G., Executive Director, Texas Commission on Environmental Quality

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • Internet address: www.tceq.state.tx.us**print~d** on recyckd paper using soy-based ink ;,::
.**~! .~~-\**  '.,



# -· ,...,., r ',' C?

### TEXAS CoMMISSION ON ENVIRONMENTAL QuALITY

THE STATE OFTEXAS COUNTY OF TRAVIS 

### Docket No. 2009-0676-MIS Project No. 2009-022-0TH-NR

This is to certify that the attached are true and correct copies of documents for the substitution of transportation control measures in the Texas State Implementation Plan, approved on July 8, 2009, pursuant to 40 Code ofFederal Regulations (CFR) §51.104. I am the records administrator for the Air Quality Division of
the Texas Commission on Environmental Quality (Commission).

Richard C. Chism, Assistant Director Air Quality Division Texas Commission on Environmental QualityTexas Commission on Environmental Quality Public Hearing April 17, 2009 Concerning Proposed Substitutions to Certain Transportation Control Measures in the DFW SIP Project Number 2009-022-0TH-NRINTRODUCTION

The Texas Commission on Environmental Quality (commission) held a public hearing in Dallas, on April 17, 2009, to receive testimony regarding proposed substitutions to certain transportation control measures contained in the Dallas-Fort Worth area state implementation plan.

The comment period closed on April20, 2009. All testimony and comments have been reviewed and seriously considered. This hearing record contains a complete record of the 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 TCEO central office at 121 00 Park35 Circle, Austin, Texas 78753. For further information, please contact Kay Howard at (512) 239-2306.

# PUBLIC NOTIFICATION AND PROPOSALPUBLIC NOTIFICATION

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

1. Publication of notice of public hearing in the following newspapers on the date listed: Fort Worth Star-Telegram, March 16, 2009

2. Publication of the Public Hearing Notice in the March 27, 2009, issue of the Texas Register (34 TexReg 2170).

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 Arlington, Mayor's Office City of El Paso City of Victoria Planning Department Dallas Department of Environmental and Health Services
Dallas Department of Aviation East Texas Council of Governments
El Paso Metropolitan Planning Organization Federal Highway Administration Fort Worth Environmental Management Department Galveston County Health District Houston Department of Health and Human ServicesHarris County Public Health and Environmental Services Houston-Galveston Area Council North Central Texas Council of Governments South East Texas Regional Planning Commission
Tarrant County Judge Texas Department of Transportation 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 AgencyExample of Newspaper Classified Ad
Fort Worth Star- Telegram, March 16, 2009

tion CMPO) .for the
· ·Dallas-Fori{· worth**metr!:lpolit~n** arEia

(DFW), pr,oposes to

, ··substitute • ·.certain

.:transportation·' ei:onttol**m~ur.es** (TCM) contained'

..,;.Jn :· •ithe DFW stat.;!. .imple- mentation

. , . ··plan (SIP). As provided•'by commissio:m. · niles ·the commission end the .NCTCCIG. •.tlave initiated a processto approve sul:!st11:ute TCMs for :tQe''NW

·**~IP.** Documentatlon :regarding**~~oh.··pro­** :posed substittrte TCM is**av.t~llable** .for

·. ·Public revieiN at the

commission'$ '•·weli site located

.at http; I fwww.tce:q .s1:ate .tx..us/imp•em!!l!fta-

. tlon •**{~lr/slp/**

.tcm_dfw .•**ht~l,** · ooc-**umentatron~may** 'also be obtained · 'frpm • M·a d h u s,t:r**d.h~a** n Venugopal,·

. ·Sen'ior Trans p o r'!l: atU·.o·n Planner, N6i1;p t!entra! Texas C::ouncll t1f .Government$, ' ·':P,;O. sox ssss,**~rlirunon,** Texas 760Qs-:5888.c or at (8li7) .61)8"23S::s.

. The commis:;lon .will
· hold a**pubtl~** hraai'jng

on .this pro_P.osaJ. ·:on April .l.7, :;.,.::po9i: at 6:0P p.m., ·at· .the**Narth·Cen~i** 'l'!it)(as <;ouncll ·of. ::GoVern-

.. ments, 6l.6SIX' EJags

Drive,·**4i'liri~ni** T'!lxas in**the',w:m~~m** J. Pitstick**~c;utrve.** -Board Room•. ·The 'hearing •wi11·': be structured··. for· .'the rec:elpt ofoi'.af·anq/or.

· wrrtten · comments.
·**f~om** l,nterested '

·persons..**iAdivJc:l~ls** · may · present c'dral ·statements'

... when

,**cal~** upon.dr'i .,order

of · •. regist[-ation.**T~~re·w.fiJ. ~o**  open -drsc:ljssron**durlng.~he** ·he>aTln$1; _hol!!ell'!lw a commrssron ·, ,"!;iaff member**'~ill··~'•be** available t.o'**,di~ss·** the proposal ··Jo

· ·minutes prior .to '!!he .: hearing anll**wiiL.an~·** · swer questions**.!be~ to~··**  and ·aftaf.. the

·hearing..

., '· · .Persons**~·'·** r.tr.lve special comriluilica- -tion. ·, f?r·**o'ttr9f'.,;~-'ac** c;o"'l'!'lbdatl'Qn

..R,eeds

w.ho' are plannih,S!<to

. ;!lttend the

....**1ie~ng** •
..sh"oUid •
. •
...;'•c..oat:act -M'a d h u s·u-d -tua n ·veniJgopal ; I!Ot

.. !'Si7) 608-2333. Requests for ·spe'cial::.acci:lm-

. modations !?hould· be

made as· .far in Jad- ··vance**as·~··poS$1ble.** Coml'l)ents :.'.:ma')i:,·Fbe submrtted :•'to**:~oy** Howard,

.. : ·•••· Texas Commi.ssion•:on·.iEn-· vironmentCIIJ.Quaflljr, ·Air Quality 'Se¢tion, ·MC l.-64, .P.O.'**·<~ox** 3:3087, Austin; Texas· 787l.l;'-3087,,or faxed ·to

. .(512)**239~1500: Elec1;~.Qnic**  comments may be subinltt.ecl at ww w.5'.:tceq

..s·t.at e .:tx;us/rules/' · ecom- merits/>'

.. PiJ,e...

..Size· restri_p:iens•_,::·i' _/R)ay apply ·to· ··com!'Aents being -submitted ·.:via the · eC:omments system.. AIL

...:¢Pin-' ments shoul(l refer"' ence Projec:t,;Nlil'l'ib@r**2009~022-0TH.;NR** · Transportation·**Gion~** · trol Measure :Sub-

. stitution tor

.**~** ...

### he· DFW '· area., ·· ·:'!file "Comment period closes on April ·".zo 2009. For. further· informatiorl,' please contact Mr. Koy Howard of .the Air Quality Division at · {512) 239-2306.

. '

### ƇƇƇ ƇƇƇ The Texas Commission on Environmental Quality (commission) willconduct a public hearing to receive testimony concerning proposed repeals to 30 TAC Chapter 106, Permits by Rule. The proposed rulemaking would repeal nine permits by rule that were added with no change to the list of De Minimis Facilities or Sources (30TAC §116.119) in May 2008 in order to eliminate duplication and provide a clear regulatory structure. The permits by rule to be repealed are §106.101, Domestic Use Facilities; §106.103, Air Conditioningand Ventilation Systems; §106.121, Hydraulic and Hydrostatic Testing Equipment; §106.123, Vacuum-producing Devices for LaboratoryUse; §106.228, Platen Presses for Laminating; §106.282, Feed Grinding Facilities; §106.291, Cotton Gin Stands; §106.312, Wax Melting and Application; and §106.413, Bond Lining to Brake Shoes. The commission will hold a public hearing on this proposal in Austinon April 27, 2009 at 10:00 a.m. in Building C, Room 131E, at the commission’s central of fice located at 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, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing. Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Jessica Rawlings, Of fice of Legal Services at (512) 239-0177.Comments may be submitted to Jessica Rawlings, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2008-029-106-PR. The comment period closes April 30, 2009. Copies of the proposed rulemaking can be obtained from the commission’s web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html. For further information, please contact Johnny Bowers, Air Permits Division, at (512) 239-6770. TRD-200901063 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: March 12, 2009

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), §§107(d)(3)(E), 110(a)(2)(D)(i), and 175A relating to a second ten-year maintenance plan regarding the 1978 lead National Ambient Air Quality Standard(NAAQS) for Collin County. This public hearing will also receive testimony regarding an agreed order with Exide Technologies that would make contingency measures for the second ten-year maintenance plan legally enforceable. The proposed SIP revision would implement FCAA requirements for a second ten-year maintenance plan for an area redesignated to attainment in 1999 for the 1978 lead NAAQS. A public hearing on this proposal will be held in Frisco, on April 20,2009, at 2:00 p.m., at the City of Frisco, City Council Chambers, located in the George A. Purefoy Municipal Center, 6101 Frisco Square Boulevard. 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 statementswhen 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 Joyce Spencer at (512) 239-5017. Requests should be made as far in advance as possible. Comments may be submitted to Joyce Spencer, MC 206, Air Quality Planning Section, Chief Engineer’s Of fice, 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 second ten-year maintenance plan regarding the1978 lead NAAQS for Collin County should reference Project Number 2008-020-SIP-NR. The comment period closes on April 24, 2009. Copies of the proposed SIP revision and agreed order may be viewed at the commission’s Web site at http://www.tceq.state.tx.us/implementation/air/sip/Hottop.html. For further information, please contact Jim Price, Air Modeling and Data Analysis Section, (512) 239-1803. TRD-200901101 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: March 17, 2009
Notice of Public Hearing on Proposed Substitutions to Certain Transportation Control Measures Contained in the Dallas-Fort Worth Area State Implementation Plan The Texas Commission on Environmental Quality (commission), in coordination with the North Central Texas Council of Governments (NCTCOG), serving as the Metropolitan Planning Organization (MPO)for the Dallas-Fort Worth metropolitan area (DFW), proposes to substitute certain transportation control measures (TCM) contained in the DFW state implementation plan (SIP). As provided by commission rules, the commission and the NCTCOG have initiated a process to approve substitute TCMs for the DFW SIP. Documentation regarding each proposed substitute TCM is available for public review at the commission’s Web site located at http://www.tceq.state.tx.us/implementation/air/sip/tcm_dfw.html. Documentation may also be obtained from Madhusudhan Venugopal, Senior Transportation Planner, North Central Texas Council of Governments, P.O. Box 5888, Arlington, Texas 76005-5888, or at (817) 608-2333. The commission will hold a public hearing on this proposal on April 17, 2009, at 6:00 p.m., at the North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas in the William J. Pitstick Executive Board Room. The hearing will be structured for the receipt of oral and/or written comments from interested persons. Individuals may present oral statements when called upon in order of registration.There will be no open discussion during the hearing; however, a commission staffmember will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.



### 34 TexReg 2170 March 27, 2009 Texas Register

### ƇƇƇPersons who have special communication or other accommodation needs who are planning to attend the hearing should contact Madhusudhan Venugopal at (817) 608-2333. Requests for special accommodations should be made as far in advance as possible. Comments may be submitted to Koy Howard, Texas Commission on Environmental Quality, Air Quality Section, MC 164, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-1500. 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 should reference ProjectNumber 2009-022-OTH-NR, Transportation Control Measure Substitution for the DFW area. The comment period closes on April 20, 2009. For further information, please contact Mr. Koy Howard of the Air Quality Division at (512) 239-2306. TRD-200901102 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: March 17, 2009
Notice of Water Quality Applications The following notices were issued during the period of March 10, 2009 through March 12, 2009. The following require the applicants to publish notice in a newspaper.Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Of fice of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE. INFORMATION SECTION Luminant Generation Company LLC, which operates Lake Creek Steam Electric Station, has applied for a renewal of TPDES Permit No. WQ0000954000, which authorizes the discharge of once through cooling water and previously monitored ef fluents (cooling tower blowdown, low volume wastes, and metal cleaning wastes) at a daily average flow not to exceed 294,000,000 gallons per day via Outfall 001; low volume wastes and storm water runoff from yard drains and diked oil storage areas on a flow variable basis via Outfall 002; and low volume wastes from water treatment on an intermittent and flow variable basis via Outfall 003. The facility is located at 4278 West Lake Creek Road, on the west shore of Lake Creek Lake along Farm-to-Market Road 1860, approximately four miles southwest of the City of Riesel in McLennan County, Texas. International Paper Company, which operates the Texarkana Mill which produces bleached kraft pulp and paperboard, has applied for a major amendment to TPDES Permit No. WQ0001339000 to authorize the removal of permit limits for aluminum at Outfalls 001A and 001B, the reduction of monitoring frequency for various parameters at Outfalls 001A and 001B, the increase of the permit limits for Adsorbable Organic Halides (AOX) at Outfalls 001A and 001B, to increase the permit limits for chloroform at internal Outfalls 102 and 103, the reduction of the monitoring frequency for various parameters at Outfalls 102 and 103, the addition of a provision to define compliance with disolved oxygen limit at Outfall 001 during periods of low dissolved oxygen, and the correction of typographical errors in the previous permit. The current permit authorizes the discharge of treated process wastewater, water treatement wastes, utility wastewater (boiler blowdown, cooling tower blowdown, and demineralizer water), and stormwater on an intermittent and flow variable basis via Outfalls 001A and 001B. The total volume discharged during any 24-hour period shall not exceed 646,300,000 gallons per day via Outfalls 001A and 001B. The facility is located approximately 14 miles south of the City of Texarkana and five miles east (via Farm-to-Market Road 3129) of US Highway 59 at a site adjacent to and south of the Sulphur River, bounded on the east by the Kansas City Southern Railway and on the west by the Texas and Pacific Railway, Cass County, Texas. Brazos Electric Power Cooperative, Inc., which operates the Randall W. Miller steam electric generating station, has applied for a renewal of TPDES Permit No. WQ0001903000, which authorizes the discharge of once-through cooling water at a daily average flow not to exceed400,000,000 gallons per day via Outfall 001, and low volume wastewater, storm water, and previously monitored ef fluents (metal cleaning wastes) on an intermittent and flow variable basis via Outfall 002. The facility is located on the west shore of Lake Palo Pinto, three miles east of Farm-to-Market Road 919, approximately 11 miles north of the City of Gordon, Palo Pinto County, Texas. V&M Star, A Partnership with General and Limited Partners, LP, which operates V&M Star, a tubular goods end finishing plant, has applied for a major amendment to TPDES Permit No. WQ0003787000 requesting authorization for: (1) replacement of the existing wastewater treamentfacility, (2) use of treated sanitary wastewater as make-up process water prior to its eventual discharge via Outall 002, and (3) discharge of wastewaters from hydrostatic tester area, straightener pit area, and secondary containment structures via Outfall 002, after these wastewaters are pretreated using oil/water separator. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 23,000 gallons per day via Outfall 001; and discharge of treated process wastewater as blowdown from the cooling tower at a daily average flow not to exceed 80,000 gallons per day via Outfall 002. The facility is located at 8603 Sheldon Road, approximately 1.5 miles south of the intersection of Sheldon Road and U.S. Highway 90, in the City of Channelview, Harris County County, Texas. Sanderson Farms, Inc. (Production Division), which operates the Sanderson Farms Franklin Feed Mill and Truck Shop, has applied for a major amendment to TPDES Permit No. WQ00003847000 to authorize removal of Oil and Grease ef fluent limits and monitoring requirements; increase the daily average permitted flow from 29,000 gallons per day to 40,000 gallons per day, and daily maximum flow from 40,000 gallons per day to 80,000 gallons per day; report flow to evaporation pond as daily average instead of monthly average; and increase the discharge to evaporation pond from 857 gallons to 1,500 gallons. The current permit authorizes the discharge of boiler blowdown at a daily average flow not to exceed 29,000 gallons per day and daily maximum not to exceed 40,000 gallons per day; and the disposal of truck wash water at a daily average flow not to exceed 857 gallons per day via evaporation. The facility is located on U.S. Highway 79 approximately 3.2 miles northeast of the intersection of U.S. Highway 79 and State Road 1940 in the Community of New Baden, Robertson County, Texas. Duratherm Asset Acquisition Corp., which operates a facility that treats oily waste from the petroleum refining and petrochemical industries and creates fuel for cement kilns, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No.WQ0004086000, which authorizes the discharge of storm water associated with industrial activity. The facility is located at at 2700 Avenue S, near the intersection of 27th Street and Avenue S, approximately 3/4 mile east of State Highway 146 at Dickinson Bayou, approximately two miles southeast of the city of Bacliff, in Galveston County, Texas. Wolf Hollow I, LP, which operates Wolf Hollow I, has applied for a renewal of TPDES Permit No. WQ0004288000, which authorizes the discharge of cooling tower blowdown, boiler blowdown and previously monitored ef fluent (low volume wastewater from internal Outfall 101)


### IN ADDITION March 27, 2009 34 TexReg 2171

### TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

NOTICE OF PUBLIC HEARING BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ON PROPOSED SUBSTITUTIONS TO CERTAIN TRANSPORTATION CONTROL MEASURES CONTAINED INTHE DALLAS-FORT WORTH AREA STATE IMPLEMENTATION PLAN
The Texas Commission on Environmental Quality (commission), in coordination with the North Central Texas Council of Governments (NCTCOG), serving as the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth metropolitan area (DFW), proposes to substitute certain transportation control measures (TCM) contained in the DFW state implementation plan (SIP). As provided by commission rules, the commission and the NCTCOG have initiated a process to approve substitute TCMs for the DFW SIP. Documentation regarding each proposed substitute TCM is available for public review at the commission's Web site located at http://www.tceq.state.tx.us/implementation/air/sip/tcm

_d.fw.html. 

### Documentation may also be obtained from Madhusudhan Venugopal, Senior Transportation Planner, North Central Texas Council ofGovernments, P.O. Box 5888, Arlington, Texas 76005-5888, or at (817) 608-2333.
The commission will hold a public hearing on this proposal on April 17, 2009, at 6:00 p.m., at the North Central Texas Council ofGovernments, 616 Six Flags Drive, Arlington, Texas in the William J. Pitstick Executive Board Room. The hearing will be structured for the receipt oforal and/or written comments from interested persons. Individuals may present oral statements when called upon in order ofregistration. There will be no open discussion during the hearing; however, a commission staffmember will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Madhusudhan Venugopal at (817) 608-2333. Requests for special accommodations should be made as far in advance as possible. Comments may be submitted to Koy Howard, Texas Commission on Environmental Quality, Air Quality Section, MC 164, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-1500. Electronic comments may be submitted at www5.tceq.state.tx.us/rules/ecommentsl. 

### File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Project Number 2009-022-0TH-NR, Transportation Control Measure Substitution for the DFW area. The comment period closes on April 20, 2009. For further information, please contact Mr. Koy Howard ofthe Air Quality Division at (512) 239-2306.

# WRITTEN AND ORAL TESTIMONYINDEX OF WRITTEN TESTIMONY

Reference Number Submitted By
No written testimony was received pertaining to this proposalINDEX OF ORAL TESTIMONY

Reference Number Submitted by

No oral testimony was received pertaining to this proposal.

# TEXAS Co:rvuvrrssroN oN ENVIRONMENTAL QUALITY

HEARING OFFICERREPORT



### I am 

### the hearing officer assigned to conduct the public hearing regarding the DallasFort Worth Transportation Control Measure Substitution, 2009-022-0TH-J\TR..
A public hearing was scheduled for April17, 2009, at 6:00 

### p.m., at the 

### N01ih Central Texas Council ofGovernments 616 

### Six Flags Drive.Arlington, TX 76005.
At 6:00p.m., the room was open, TCEQ staff and a court reporter were present and ready to open the hearing for public comment. After waiting for 30 minutes, no one had arrived to make comments on the record. Therefore, the public hearing was not formally opened for comment and no transcriptwas prepared.

Hearing Officer

Date signed

# EVALUATION OF

TESTIMONY

# Texas Commission on Environmental Quality INTEROFFICE MEMORANDUM

To: Commissioners Date: June 19, 2009 Thru: LaDonna Castafiuela, ChiefClerk MarkR. Vickery, P.G., Executive Director
From: David C. Schanbacher, P.E., ChiefEngineer

# ~S
DocketNo.: 2009-0676-MIS Subject: Commission Approval for a Non-RulemakingPackage Chapter 114, Control ofAir Pollutionfrom MotorVehicles, §114.420 Dallas-Fort Worth transportation control measure substitution Rule ProjectNo. 2009-022-0TH-NR
Reasons for the rule package: The North Central Texas Council of Governments (NCTCOG) must demonstrate through the conformity process "timely implementation" oftransportation control measures (TCMs). However, certain measures are not moving forward because they are delayed beyondtherequired implementation date, the project scope has changed, or the project has been canceled. These measures are from both the 2000 one-hour ozone and 2008 eight-hour ozone state implementation plan (SIP) revisions. This substitution is needed so the region can update its transportation plan (i.e. add newprojects) and demonstrate conformity withthe SIP.
Under what authority are we proposing these changes? Texas Clean 

### Air Act, §382.002, Policy and Purpose; §382.011, General Powers and duties; and §382.012, State Air Control Plan. On April 7, 2004, the United States Environmental Protection Agency (EPA) issued guidance that describes the adoption and use ofTCM substitution methods. In August 2005, Congress enacted the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which provides authority and flexibility for TCM substitutions. Is this rulemaking required by federal rule or state statute? Which ones? No
Are there any legal deadlines bywhich these rules must be proposed, adopted, or effective? 

### In order to move transportation projects forward on schedule, the area must have its revised transportation plan in place by the end ofJuly, including a transportation conformity determination. Before a conformity determination can be approved by the Federal Highway Administration, certain transportation control measures must be substituted. The substitution becomes effective upon this action by the Texas Commission on Environmental Quality (TCEQ). (An approved transportation conformity demonstration means emissions from the area's transportation system are at or below the 2009 attainment demonstration motor vehicle emissions budget enacted in the SIP.)
What issue(s) or problem(s) are we trying to solve? Certain projects are not moving forward because they are delayed beyond the required implementation date, the project scope has changed, or the project has been canceled. This substitution will allow the region to update its transportation plan and demonstrate conformity withthe SIP. Why is it important that we do this rule package? The region must update its plan and demonstrate conformity in orderto add new projects.Commissioners Page2 June 19, 2009
Re: DocketNo. 2009-0676-::tv:rrS
Other important background or historical information. In August 2005, Congress enacted SAFETEALU, which provides nonattainment and maintenance areas with a streamlined process for either replacing TCMs in approved SIPs with alternate TCMs or for adding TCMs to their approved SIPs. Under this provision, states are no longer required to include a TCM substitution mechanism 

### in their SIPs 

### in order to expedite the process for making TCM substitutions. The process for this non-rule package included a stakeholder meeting and TCEQ public hearing, as well as EPA review and concurrence. The substitutions would not be enacted until EPA's concurrence is fmal. Under Congressional legislation, EPA headquarters must concurwith TCM substitutions. The EPAhas delegated this authority to its Regions. Scope ofthe rulemaking: The proposed substitutions would result in more emission reductions than the measures tobe substituted, as documented 

### in the attached tables. · Impact on tbe regulated community:
WhowiD be affected? None
Does it createa group ofaffected persons wbowere notaffected previously? How? No Will there be a fiscal impact? Ifso, estimate. No Impact on tbe public:
Whowill be affected? None
Does it create a group ofaffected persons wbowerenotaffected previously? How? 

### Np
Will there be a fiscal impact? Ifso, estimate. No
Stakeholdermeetings:
Haveany stakeholder meetings been beldJ Yes. A meeting was held on January 28,2009.
With whom? The NCTCOG, EPA, the Federal Highway Administration, andthe Texas Department ofTransportation.
Whatwere the general sentiments? The stakeholders recommended thatthe substitution move forward.
Wereany changes made in response to stakeholderconcerns? No Potentiallycontroversial matters: None. The substitution process could reduce controversy because: (1) removed projects must be substituted with projects ofequal or greater emission reductions; and (2) substituted transportation control measures must go through a public involvement process focused solely on transportation control measures, as compared to a SIP revision where public involvement concems a broad SIP package.
Public Comment: The TCEQ·held a public hearing 

### in Arlington on April 17, 2009, atthe NCTCOG. No oral orwritten comments were received.Commissioners

.Page 3 June 19, 2009
Re: DocketNo. 2009-0676-:MIS 

### Agency contacts: KoyHoward, Rule ProjectManager, 239-2306, Air Quality Division Terry Salem, StaffAttorney, 239-0469 Amy Browning, StaffAttorney, 239-0891

Attachments (2): NCTCOG 1-Hour State Implementation Plan Transportation Control Measure Substitution Table NCTCOG 8-Hour State Implementation Plan Transportation Control Measure Substitution Table

cc: ChiefClerk, 5 copies Executive Director's Office David C. Schanbacher, P.E. Daniel Womack Kevin Patteson BetsyBird Office ofGeneral Counsel KoyHoward

### Pro Number NOx 

## voc Grade Separation 2 7.49 19.24 

### Intersection Improvement 42 27.69 71.14 Total 44 35.18 90.39 Note: Numbers have been rounded.



### Number NOx 

## voc Grade Separation 3 17.41 44.72 

### Intersection Improvement 36 17.89 45.95 Total 39 35.29 90.67 Note: Numbers have been rounded.

### Number 

## voc Grade Separation 2 

### 5.88 14.64



### Number 

## voc Grade Separation 2 10.41 

### 25.93

# STAFF RECOMMENDATIONSUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733



### Ms. Susana M. Hildebrand, P.E. Director, Air Quality Planning and Implementation Division Texas Commission onEnvironmental Quality P.O. Box 13087 Austin, TX 78711-3087
DearMs. Hildebrand:
On April28, 2009, the U.S. Environmental Protection Agency, Region 6 (EPA) received yourpackage seeking our review and concurrence onthe substitution ofcertain transportation control measures (TCM) originally adopted inthe Dallas/Fort Worth December2000 1-hour Ozone State Implementation Plan (SIP) and December 2008 8- hour Ozone revisions. We appreciate your sharingthis package for our review.
As provided in Section 176(c)(8) ofthe Clean Air Act, as amended by the Safe, Accountable, Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), EPAparticipated as a member ofthe TCM SubstitutionWorkgroup and was involved in the early discussions ofthe TCMs atrisk ofnotbeing implemented and their appropriate replacementmeasures. Accordingly, the substitute measures: 1) achieve greater emissions reductions 

### than the measures they replace; 2) will be implemented in accordance with a schedule consistent withthe schedule for the control measures they replace inthe SIP; 3) are accompanied withevidence ofadequate personnel and funding authorityto implement, monitor, and enforce the control measures; and 4) were developed through a collaborative process that included participationby all affectedjurisdictions, consultation withEPA, andreasonable public notice and comment. Therefore, pursuantto Section 176(c)(8) ofthe Clean AirAct, 42 U.S.C. 

### § 7506(c)(8), EPA concurs with the specific substitutions identified in thepackage and we have no additional comments. Sincerely yours,

# ~A:J~ Thomas H. Diggs Associate Director for Air

Recycled/Recyclable • Printed with Vegetable OU Based Inks on 100"A. Recycled Paper (40% Postconsumer)

### cc: 

### Mr. Madhusudhan Venugopal North Central Texas Council ofGovernments 

### Mr. Jose Campos Federal Highway AdministrationDocketNo. 2009-0676-MIS
On July 8, 2009, the Texas Commission on Environmental Quality (Commission), during a public meeting, considered approval ofthe substitution ofcertain transportation control measures originally adopted in the state implementation plan (SIP) for the Dallas/Fort Worth (DFW) 1-hour and 1997 8-hour ozone nonattainment areas. The Commission approved the transportation control measure substitutions. The substituted transportation control measures would achieve a net emission reduction increase of0.28 pounds per day ofvolatile organic compounds (VOC) and 0.11 pounds per day ofnitrogen oxides (NOx) from the DFW 1- hour ozone SIP in the following categories: (1) grade separations; and (2) intersection improvements. The substituted transportation control measures would achieve a net emission reduction increase of 11.29 pounds per day ofVOC and 4.53 pounds per day ofNOX from the DFW 8-hour ozone SIP in the following categories: (1) grade separations. Under Tex. Health & Safety Code Ann. §§ 382.011, 382.012, and 382.023 (Vernon 2001), the Commission has the authority to control the quality ofthe 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 ofthe proposed substitutions was published for comment in the March 27, 2009, issue of the 

### Texas Register ( 34 TexReg 2170).
Pursuantto 30 TAC § 114.270, the Metropolitan Planning Organization (MPO) for the DFW Area, the North Central Texas Council of Governments (NCTCOG), convened a working group of members from all affectedjurisdictions, the Commission and state and local transportation agencies, which reviewed the proposed transportation control measure substitutions and consulted with EPA Region VI.
Pursuant to 30 TAC § 114.270 and after proper notice, the Commission conducted a public hearing to consider the transportation control measure substitutions. Proper notice included prominent advertisement in the area affected at least 30 days prior to the date ofthe hearing. A public hearing was held in Arlington, Texas, on April17, 2009. No oral orwritten comments were received.
The Commission circulated hearing notices of its intended action to the public, including interested persons, the Regional Administrator ofEPA Region VI, and all applicable local air pollution control agencies. The public was invited to submit data, views, and recommendations on the proposed transportation control measure substitutions, either orally or in writing, at the hearing or during the comment period. Prior to the scheduled hearing, copies ofthe proposed transportation control measure substitutions were available for pubIic inspection at the Commission's central office and website, from the NCTCOG offices in Arlington, Texas and NCTCOG's website.
Pursuant to 30 TAC § 114.270, the Commission requested EPA concurrence with the proposed transportation control measure substitutions; and EPA concurrence was received on May 14, 2009 in accordance with the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU). The Commission Chairman will transmit a copy of this Order, together with the approved transportation control measure substitutions, to the Regional Administrator of EPA Region VI as required by 30 TAC § 114.270 as a substitution to the Texas SIP pursuant to the Federal Clean Air Act, § 110, codified at 42 U.S. Code Ann. §§ 7410- 767lq, as amended.IT IS THEREFORE ORDERED BY THE COMMISSION that the transportation control measure substitutions incorporated by reference to this Order are hereby approved to be effective as required by the Safe,**~,_,¢:d.un~aqle, ·.F~f?~ible,**  Efficient Transportation Equity Act (SAFETEA-LU). The approved transportation control ineastire**~ubstitutions** are incorporated by reference in this Order as ifset forth at length verbatim in this Order. The Commission further authorizes staffto make any non-substantive revisions as necessary to comply with SIP submittal requirements.
This Order constitutes the Order ofthe Commission required by the Administrative Procedure Act, Tex. Gov't Code,§ 2001.033 (Vernon 2000 & Vernon Supp. 2005).
Ifany portion ofthis Order is for any reason held to be invalid by a court ofcompetentjurisdiction, the invalidity ofany portion shall not affect the validity ofthe remaining portions.

Date issued: 

# JUL14 2009 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY