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 by Reducing and Preventing 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 of certain transportation control measures under the EPA approved 

procedure in 30 TAC § 114.270, which allows substitution of transportation 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 subject to 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 of the 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 of the 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 of Texas 

Mr. Toby Baker, Office of Budget, Planning and Policy, Office of the 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 OF TEXAS 

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 of Federal 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 Quality 
Texas 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-NR 
INTRODUCTION 

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 TC EO central office at 121 00 Park 35 

Circle, Austin, Texas 78753. For further information, please contact Kay Howard at (512) 239-2306. 
PUBLIC

NOTIFICATION AND

PROPOSAL
PUBLIC NOTIFICATION 

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

1. Publication of notice of public 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 Services 
Harris 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 Agency 
Example 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 process to 

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 fww w. 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.6 SIX' 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 of oi'.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'.,;~-'acc;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 w w w.5'.:tce q .. s·t.a t e .:tx;us/rules/' · ecom- merits/>' .. P iJ,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) will

conduct 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 (30

TAC §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 Conditioning

and Ventilation Systems; §106.121, Hydraulic and Hydrostatic Testing Equipment; §106.123, Vacuum-producing Devices for Laboratory

Use; §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 Austin

on April 27, 2009 at 10:00 a.m. in Building C, Room 131E, at the commission’s central office 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, Office 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 statements

when called upon in order of registration. There will be no open discussion during the hearing; however, TCEQ staff will be available to

discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation

needs who are planning to attend the hearing should contact 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 Office, Texas Commission on

Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or

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

www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments pertaining to the second ten-year maintenance plan regarding the

1978 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 staff member 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
ƇƇƇ

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/ecomments/. File size restrictions may apply to comments being submitted

via the eComments system. All comments should reference Project

Number 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 Office 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 effluents (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 exceed

400,000,000 gallons per day via Outfall 001, and low volume wastewater, storm water, and previously monitored effluents (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 treament

facility, (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 effluent 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 effluent (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 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 _ d.fw.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 staff member 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 of the Air Quality Division at (512) 239-2306. 
WRITTEN AND 

ORAL TESTIMONY
INDEX OF WRITTEN TESTIMONY 

Reference Number Submitted By 

No written testimony was received pertaining to this proposal 
INDEX OF ORAL TESTIMONY 

Reference Number Submitted by 

No oral testimony was received pertaining to this proposal. 
TEXAS Co:rvuvrrssroN oN ENVIRONMENTAL QUALITY 

HEARING OFFICER REPORT 

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 of Governments 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 transcript was prepared. 

Hearing Officer 

Date signed 
EVALUATION OF

TESTIMONY
Texas Commission on Environmental Quality INTEROFFICE MEMORANDUM 

To: Commissioners Date: June 19, 2009 

Thru: LaDonna Castafiuela, Chief Clerk 

Mark R. Vickery, P.G., Executive Director 

From: David C. Schanbacher, P.E., Chief Engineer ~S 

Docket No.: 2009-0676-MIS 

Subject: Commission Approval for a Non-Rulemaking Package 

Chapter 114, Control of Air Pollution from Motor Vehicles, § 114.420 

Dallas-Fort Worth transportation control measure substitution 

Rule Project No. 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" of transportation control measures (TCMs). However, certain measures are 

not moving forward because they are delayed beyond the required 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 new projects) and demonstrate conformity with the 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 

of TCM 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 by which 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 of July, 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 with the SIP. 

Why is it important that we do this rule package? The region must update its plan and demonstrate 

conformity in order to add new projects. 
Commissioners 

Page2 

June 19, 2009 

Re: Docket No. 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 concur with TCM substitutions. The EPA has delegated this authority to its Regions. 

Scope of the rulemaking: The proposed substitutions would result in more emission reductions than the 

measures to be substituted, as documented in the attached tables. · 

Impact on tbe regulated community: 

Who wiD be affected? None 

Does it create a group of affected persons wbo were not affected previously? How? No 

Will there be a fiscal impact? If so, estimate. No 

Impact on tbe public: 

Who will be affected? None 

Does it create a group of affected persons wbo were not affected previously? How? Np 

Will there be a fiscal impact? If so, estimate. No 

Stakeholder meetings: 

Have any stakeholder meetings been beldJ Yes. A meeting was held on January 28,2009. 

With whom? The NCTCOG, EPA, the Federal Highway Administration, and the Texas Department 

of Transportation. 

What were the general sentiments? The stakeholders recommended that the substitution move 

forward. 

Were any changes made in response to stakeholder concerns? No 

Potentially controversial matters: None. The substitution process could reduce controversy because: (1) 

removed projects must be substituted with projects of equal 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 1 7, 2009, at the NCTCOG. No 

oral or written comments were received. 
Commissioners 

. Page 3 

June 19, 2009 

Re: Docket No. 2009-0676-:MIS 

Agency contacts: 

Koy Howard, Rule Project Manager, 239-2306, Air Quality Division 

Terry Salem, Staff Attorney, 239-0469 

Amy Browning, Staff Attorney, 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: Chief Clerk, 5 copies 

Executive Director's Office 

David C. Schanbacher, P.E. 

Daniel Womack 

Kevin Patteson 

Betsy Bird 

Office of General 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

RECOMMENDATIONS
UNITED 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 on Environmental Quality 

P.O. Box 13087 

Austin, TX 78711-3087 

Dear Ms. Hildebrand: 

On April28, 2009, the U.S. Environmental Protection Agency, Region 6 (EPA) 

received your package seeking our review and concurrence on the substitution of certain 

transportation control measures (TCM) originally adopted in the Dallas/Fort Worth 

December 2000 1-hour Ozone State Implementation Plan (SIP) and December 2008 8-

hour Ozone revisions. We appreciate your sharing this 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), EPA participated as a member of the TCM Substitution Workgroup and 

was involved in the early discussions of the TCMs at risk of not being implemented and 

their appropriate replacement measures. Accordingly, the substitute measures: 

1) achieve greater emissions reductions than the measures they replace; 

2) will be implemented in accordance with a schedule consistent with the schedule 

for the control measures they replace in the SIP; 

3) are accompanied with evidence of adequate personnel and funding authority to 

implement, monitor, and enforce the control measures; and 

4) were developed through a collaborative process that included participation by all 

affected jurisdictions, consultation with EPA, and reasonable public notice and 

comment. 

Therefore, pursuant to Section 176(c)(8) of the Clean Air Act, 42 U.S.C. § 

7506(c)(8), EPA concurs with the specific substitutions identified in the package 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 of Governments 

Mr. Jose Campos 

Federal Highway Administration 
Docket No. 2009-0676-MIS 

On July 8, 2009, the Texas Commission on Environmental Quality (Commission), during a public 

meeting, considered approval of 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 transportation control measure substitutions. The 

substituted transportation control measures would achieve a net emission reduction increase of 0.28 pounds per 

day of volatile organic compounds (VOC) and 0.11 pounds per day of nitrogen 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 of the state's air and to issue orders consistent with the 

policies and purposes of the Texas Clean Air Act, Chapter 382 of the Tex. Health & Safety Code. Notice of the 

proposed substitutions was published for comment in the March 27, 2009, issue of the Texas Register ( 34 

TexReg 2170). 

Pursuant to 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 

affected jurisdictions, 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 of the hearing. A public hearing was held in Arlington, Texas, on 

April17, 2009. No oral or written comments were received. 

The Commission circulated hearing notices of its intended action to the public, including interested 

persons, the Regional Administrator of EPA 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 of the proposed transportation control measure substitutions were available for pub I ic 

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 if set forth at length verbatim in this 

Order. The Commission further authorizes staff to make any non-substantive revisions as necessary to comply 

with SIP submittal requirements. 

This Order constitutes the Order of the Commission required by the Administrative Procedure Act, Tex. 

Gov't Code,§ 2001.033 (Vernon 2000 & Vernon Supp. 2005). 

If any portion of this Order is for any reason held to be invalid by a court of competent jurisdiction, the 

invalidity of any portion shall not affect the validity of the remaining portions. 

Date issued: JUL14 2009 TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY