Texas State Infrastructure and Interstate Transport State Implementation Plan Required Under Section 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS)

Docket ID EPA-R06-OAR-2011-0864

Technical Support Document August 2015

Table of Contents:
I. Introduction

A. Section 110(a)(1) and (2) II. Additional Background

A. What are the National Ambient Air Quality Standards?

B. What is a SIP?

C. Additional Information III. SIP elements required under Section 110(a)(2) for the 2008 Lead NAAQS, the State’s submittals and EPA’s analysis
IV. Recommendations
V. References VI. Emissions Inventory

I. Introduction In this technical support document (TSD), EPA is providing addi tional documentation concerning our evaluation of the submittal provided by the Texas Commission for Environmental Quality (TCEQ) to meet the requ irements of section 110(a)(2) of the Clean Air Act (CAA or Act) for the 2008 national ambient ai r quality standards (NAAQS or standards) for lead (Pb). More detail on these standards, sec tion 110(a)(1) and (2) of the Act, and the submittal we are reviewing to determine if the Texas SIP satisfies the section 110 (a)(2) requirements, is provided in subsection A below. Throughout this document, “we,” “us,” and “our” means EPA. Section II of this TSD provides additiona l background material on the NAAQS, State Implementation Plans (SIPs), and related issues. Section III of this TSD provides a descripti on of each element required under section 110(a)(2) of the Act, the State’s response, and ad ditional details of our an alysis of the State’s response that are not included in the Federal Register notice for this propo sed action. Copies of the State’s submittal are in the docket for this rulemaking.
Section IV of this TSD includes our recomm endation for action on each of the elements
reviewed herein.
Section V of the TSD contains a list of th e guidance documents cited herein. Copies of the guidance documents referenced ar e in the docket for this rulemaking.
Section VI of this TSD shows Te xas’ 2011 Pb Emissions Inventory.

A. Section 110(a)(1) and (2)Page 2 of 21 On October 5, 1978, we published the first NAAQS for lead (43 FR 46246). Both the primary and secondary standards were set at 1.5 micrograms per cubic meter (μg/m3). In 2008, following a periodic review of the NAAQS for lead, we published a revised, more stringent NAAQS of 0.15 μg/m3 for both the primary and secondary standards (73 FR 66964, November 13, 2008). For more information on these standard s, please see the EPA web site on the lead NAAQS 1 and its history. 2 Under sections 110(a)(1) and (2) of the Act, states are required to submit SIPs that provide for the implementation, maintenance, and enforcement (the infrastructure) of a new or revised NAAQS within three y ears following the promulgation of the NAAQS, or within such shorter period as EPA may prescr ibe. Section 110(a)(2) lists the specific infrastructure elements that must be incorporated into the SIPs, incl uding for example, requirements for air pollution control measures, which are designed to assure attainment and main tenance of the NAAQS. Section III of this TSD provides a description of all 14 infrastructure elements that comprise section 110(a)(2) of the Act. Th e schedule for completion of EPA’s periodic review of the Pb NAAQS was governed by a judici al order in Missouri Coaliti on for the Environment v. EPA (No. 4:04CV00660 ERW, Sept. 14, 2005), which requi red EPA to sign for publication a notice of final rulemaking concerning our review of the Pb NAAQS no later than October 15, 2008. Thus states were required to submit such infr astructure SIPs for the 2008 Lead NAAQS to EPA no later than October 15, 2011.
In 2011 we issued “Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS),” Memorandum from St ephen D. Page, Director, Air Quality Policy Division, Office of Air Quality Planning and Standards (OAQPS). 3 This guidance document addresses the SIP elements found in 110( a)(2) with the exception of 110(a)(2)(I). 4 Section 110(a)(2)(I) pertains to the nonattainment planning re quirements of part D, Title I of the Act, and is also being addressed separately. 5

The Chairman of the Texas Commission on Environmental Quality submitted an i-SIP revision on October 14, 2011 to address this re vised NAAQS and a separate September 14, 2011
SIP submissions that addresses the interstate tr ansport of Pb emissions. Copies of these SIP
submissions are included in the docket for this proposed rulemaking and are also available on the TCEQ website at the following links: See http://www.tceq.texas.gov/assets /public/implementation/air/sip/le ad/infrastructure/Lead_Infrastr ucture_Oct2011.pdf for additional information on the Pb infrastructure SIP and http://www.tceq.texas.gov/asse ts/public/implementation/air/si p/lead/transport/Lead_Transport_ Aug2011.pdf for additional information on the Pb Transport SIP.

1 http://www.epa.gov/ttn/naaqs/standards/pb/s_pb_index.html

2 http://www.epa.gov/ttn/naaqs/standards/pb/s_pb_history.html

3 This guidance document is available at EPA’s 2008 Pb NAAQS implementation website at http://www.epa.gov/oaqps001/lead/pd fs/20111014infrastructure.pdf

4 The guidance addresses a total of 14 infrastructure elements because the 3 components of section 110(a)(2)(J) are being counted as 3 separate elements.

5 Two elements identified in section 110(a)(2) are not governed by the 3- year submission deadline of section 110(a)(1) because SIPs incorporating n ecessary local nonattainment area controls are not due within 3 years after promulgation of a new or revised NAAQS, but rather are due at the time the nonattainment area plan requirements are due pursuant to section 172. Thes e requirements are: (i) Submissions re quired by section 110(a)(2)(C) to the extent that subsection refers to a permit program as requ ired in part D Title I of the CAA and (ii) submissions required by section 110(a)(2)(I) which pertain to the nonatt ainment planning requirements of part D Title I of the CAA. Therefore, this action does not cover these specific SIP elements.Page 3 of 21 This TSD provides additional details of Texa s’ submission and EPA’s evaluation that are
not included in the official Federal Register notice for this action.

II. Additional Background A. What are the National Ambient Air Quality Standards?

Section 109 of the Act requires EPA to es tablish NAAQS for pollutants that “may reasonably be anticipated to endanger public heal th and welfare,” and to develop a primary and secondary standard for each NAAQS. The primary st andard is designed to protect human health with an adequate margin of safety, and the sec ondary standard is design ed to protect public welfare and the environment. EPA has set NAAQS for six common air pollutants, referred to as criteria pollutants. These pollutants are: carbon monoxide, lead, ni trogen dioxide, ozone, particulate matter, and sulfur dioxide. These sta ndards present state and local governments with the minimum air quality levels they must meet to comply with the Act. Additionally, these standards provide information to re sidents of the United States about the quality of the air in their
communities.

B. What is a SIP?

A State Implementation Plan, or SIP, is a se t of state statutes, ai r pollution regulations, control strategies, other means or techniques, an d technical analyses developed by the state, to ensure that the state meets the NAAQS. The SIP is required by section 1 10 and other provisions of the Act. These SIPs can be extensive, c ontaining state regulations or other enforceable documents and supporting information such as em issions inventories, monitoring networks, and modeling demonstrations. Each state must submit these regulations and cont rol strategies to EPA for approval and incorporation into the federall y enforceable SIP. Each federally approved SIP protects air quality primarily by addressi ng air pollution at its point of origin.

C

. Additional Information

As indicated in the Federal Register notice for this action, this proposed rulemaking will
not cover four substantive issues that are not in tegral to acting on a state’s infrastructure SIP submission: (i) existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction at sources, that may be contrary to the CAA and EPA’s policies addressing such excess emissions (“SSM”); (ii) existing provisi ons related to “director's variance” or “director's discretion” that purport to permit revisions to SIP approved emissions limits with limited public process or without re quiring further approval by EPA, that may be contrary to the CAA (“director's discretion”); (iii) existing pr ovisions for minor source NSR programs that may be inconsistent with the requ irements of the CAA and EPA’s regulations that pertain to such programs (“minor source NSR”); and, (iv) existing provisions for PSD programs that may be inconsistent with current requireme nts of EPA’s “Final NSR Improvement Rule,” 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (“NSR Reform”). Instead, EPA has indicated that it has other author ity to address any such existing SIP defects in other rulemakings, as appropriate. A detailed rationale for why thes e four substantive issues are not part of the scope of infrastructure SI P rulemakings can be found in EPA’s July 13, 2011,Page 4 of 21 final rule entitled, “Infrastructure SIP Requirements for the 1997 8-hour Ozone and PM 2.5 National Ambient Air Quality Standards” in the sect ion entitled, “What is the scope of this final rulemaking?” (see 76 FR 41075 at 41076-41079).

III. SIP elements required under Section 110( a)(2) for the 2008 Lead NAAQS, the State’s submittals and EPA’s analysis The Federally approved SIP for each state is listed in 40 CFR Part 52. The first section in this subpart for any state is the “Identification of plan.” The Identification of plan lists the EPA-approved provisions of the SIP for each stat e, as provided under section 110 of the Act, 42 U.S.C. 7410, and 40 CFR 51 to meet the NAAQS. Th e status of the Texas SIP is provided in 40 CFR Part 52, Subpart SS.
Per the General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 FR 13498), section 110(a)(2) sets forth elements th at a SIP must contain in order to be fully approved. 6 In the following sections of this docum ent we provide additional information, not included in the Federal Register notice for this action, which we considered in performing our
evaluation of Texas’ infrastructure SIP submitta l for the 2008 Pb NAAQS. Where it is useful, we include tables showing the da te that the applicable state ru les were approved by EPA into the

Texas SIP.

1. Enforceable emission limits and other control measures: Section 110(a)(2)(A) requires
SIPs to include enforceable emission limits and other control measures, means or techniques, as well as schedules and timetables for compliance, as necessary or appropriate to meet the requirements of this chapter.

The State’s response: The TCEQ has promulga ted rules to implement and enforce the NAAQS and other air quality standards. These rule s 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 nonattainment areas.

The following chapters of 30 Texas Administrative Code (TAC) contain rules relevant for this federal requirement: Chap. 7 Memoranda of Understanding Chap. 101 General Air Quality Rules Chap. 106 Permits by Rule, Subchapter A, General Requirements Chap. 111 Control of Air Pollution from Vi sible Emissions and Particulate Matter Chap. 112 Control of Air Pollution from Sulfur Compounds Chap. 113 Standards of Performance for H azardous Air Pollutants and for Designated
Facilities and Pollutants Chap. 114 Control of Air Pollution from Motor Vehicles Chap. 115 Control of Air Polluti on from Volatile Organic Compounds Chap. 116 Control of Air Pollution by Perm its for New Construction or Modification Chap. 117 Control of Air Pollu tion from Nitrogen Compounds Chap. 118 Control of Air Pollution Episodes

6 The discussion of section 110(a)(2), subsections (A) through (M) begins on p. 13556 of the General Preamble.Page 5 of 21 EPA analysis: Section 110(a)(2)(A ) requires that all measures and other elements in the SIP be

enforceable. This subsection also authorizes SIPs to contain certain nontraditional techniques for reducing pollution – economic incen tives, marketable permits, and auctions of emissions rights.
These rules include emission limits, control me asures, as well as permits and fees.

30 TAC 101 defines a variety of control met hods in Subchapter A (General Rules); and provides for control techniques and compliance timeframes in Subchapters F (Emissions Events and Scheduled Maintenance, Startup, and S hutdown Activities) and H (Emissions Banking and Trading). 30 TAC 106 addresses general and specific re quirements for permits by rule, including
enforceable emission limits, control met hods and compliance timeframes. 30 TAC 111 provides control of air pollution from visible emissions and PM, and includes requirements for specified sources, alternate opacity lim itations, emission limits, control methods, and compliance timeframes. 30 TAC 116 addresses control of air polluti on by permits for new construction or modification of existing sour ces in attainment and nonattainment areas. 30

TAC 118 controls emergency episodes of air pollution and provides a compliance timeframe. The State's rules at 30 TAC 7, 101, 106, 111, 112, 114 – 118 & 122 were approved by EPA for adoption into the SIP and thus are enfo rceable by the State and EPA, and US citizens are offered legal recourse to address violati ons as described in section 304 of the Act.

Table 1: Texas rules relevant to meeting section 110(a)(2)(A) for Pb

Section of SIP Referenced in Texas’
Submittal EPA Approval/FR Citation

30 TAC 101.1: Definitions March 30, 2005 at 70 FR 16129

101.223: Actions to Reduce Excessive
Emissions August 26, 2005 at 70 FR 50205

30 TAC 101, Subchapter H, Divisions: 1: Emission Credit Banking and Trading 3: Mass Emissions Cap and Trade Program

4 : Discrete Emission Credit Banking and

T rading 1: September 6, 2006 at 71 FR 52698 3: November 14, 2001 at 66 FR 57252 and September 6, 2006 at 71 FR 52664 4: September 6, 2006 at 71 FR 52703 30 TAC 106, Subchapter A: General

R equirements November 14, 2003 at 68 FR 64548

C hapter 118 July 26, 2000 at 65 FR 45915

The EPA reads this language to require even these other means of achieving reductions to

be enforceable. 7 We reviewed the Texas SIP and found st ate rules adequate to implement and
enforce the 2008 Pb NAAQS, and limit or reduce emissions of Pb. The Texas SIP meets the requirements of section 110(a)(2)(A).

7 See 57 FR 13498, beginning on p. 13556.Page 6 of 21 2. Ambient air quality monitori ng and data analysis system : Section 110(a)(2)(B) requires SIPs to include provisions for establishment and operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPA upon
request.

The State’s response: The TCEQ maintains a ne twork of air quality m onitors to collect air emissions data that is reported to the EPA on a regular basis.

The following chapters of 30 TAC contain ru les relevant for this federal 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 of Air Pollution from Visible Emissions and Particulate Matter Control of Air Pollution from Sulfur Compounds Control of Air Pollution from Volatile Organic Compounds Control of Air Pollution by Permits for New Construction or Modification Control of Air Pollution from Nitrogen Compound

EPA analysis: The rules at 30 TAC Chap ters 101, 106, 111, 112, and 115 - 117 address air monitoring requirements for owners or operators of proposed sources pursuant to 40 CFR 58.3(c) and are evaluated in 6 below, regarding sta tionary source emissions monitoring and reporting, pursuant to the requirements of s ection 110(a)(2)(F) of the Act. We are proposing that the Texas SIP meets the requirements of s ection 110(a)(2)(B).

3. Program for enforcement of control measures : Section 110(a)(2)(C) requires states to include a program providing for enforcement of th e measures described in subparagraph (A), and the regulation of the modification and constructio n of any stationary sources within the areas covered by the SIP as necessary to assure th at the NAAQS are achieved, including a permit program as required in parts C and D.

The State's response: The TCEQ has establis hed rules governing the en forcement of control measures, including attainment plans and perm itting programs that regulate construction and modification of stationary sources. 8 The following chapters of 30 TAC contain rules relevant for this federal requirement:

Chap. 35 Emergency and Temporary Orders and Permits; Temporary Suspension or
Amendment of Permit Conditi ons; Subchapters A, B, C, K Chap. 39 Public Notice Chap. 55 Requests for Reconsideration and Co ntested Case Hearings; Public Notice Chap. 101 General Air Quality Rules

8 Texas has permitting rules for Prevention of Significant Deterioration (PSD), as requ ired by the FCAA. The EPA has recently promulgated regulations fo r the permitting of greenhouse gase s under the PSD program. Although Texas has not amended or proposed amendments to its permitting program to include greenhouse gases, Texas is meeting its obligations under the FCAA to provide fo r permitting of facilities that emit criteria pollutants. Greenhouse gases are not criteria pollu tants, with a NAAQS that must be me t, and therefore a lack of permitting requirements in Texas rules for greenhouse gas emissions doe s not constitute a lack in the required infrastructure elements of § l1o(a)(2).Page 7 of 21 Chap. l06 Permits by Rule, Subchapter A, General Requirements Chap. 112 Control of Air Pollution from Sulfur Compounds Chap. 115 Control of Air Pollution from Volatile Organic Compounds Chap. 116 Control of Air Pollution by Permits for New Construction or Modification Chap. 117 Control of Air Pollu tion from Nitrogen Compound

EPA analysis: Enforcement of emissions i nventory requirements is provided under 30 TAC 101.10(f) Components related to enforcemen t addressed in 30 TAC 106, 112, 115 and 117 include allowable rates, compliance, control plan requirements, actual and allowable emissions monitoring and testing requirements, and contro l schedules. These rules clarify the boundaries beyond which regulated entities in Texa s can expect enforcement action. New major stationary sources and major 9 modifications at existing major stationary sources have several requirements under the Act, one of which is to obtain an air pollution permit before construction begins. This pre-construction 10 permitting process for major stationary sources is called ne w source review (NSR) and is required whether the major source or major modification is planned for an ar ea where the NAAQS are exceeded (nonattainment
areas) or an area where the NAAQS have not be en exceeded (attainment and unclassifiable areas). In general, permits for sources in attain ment areas and for other pollutants regulated under the major source program are referred to as PSD permits, while permits for major sources emitting nonattainment pollutants and located in nonattainment areas are referred to as nonattainment NSR (NNSR) permits. The entire preconstruction permitting program, including both the PSD and NNSR permitting programs, is re ferred to as the NSR program. The statutory and regulatory programs that re gulate NSR are provided under part C of the Act, and 40 CFR 51.160 through 51.166. Part C of the Act requires pr evention of significant deterioration (PSD) of air quality and is codified at 40 CFR 51.166. The Texas NSR and PSD SIPs were initially approved into the SIP on June 24, 1992 (57 FR 28093). Subsequent revisions to the PSD program were approved into the SIP on Se ptember 9, 1994 (59 FR 46556); August 19, 1997 (62 FR 44083), September 18, 2002 (67 FR 58697), July 22, 2004 (69 FR 43752), March 20, 2009 (74 FR 11851) and September 15, 2010 (75 FR 55978). Minor NSR is for pollutants from stationary sources that do not require PSD or nonattainment NSR (NNSR) permits. The purpose of minor NSR permits is to prevent the

construction of sources that would interfere wi th attainment or maintenance of a NAAQS or violate the control strategy in nonattainment ar eas. Also, minor NSR permits often contain permit conditions to limit the sources emissions to avoid PSD or NNSR. Section 110(a)(2)(C) of the Act creates “a general duty on States to incl ude a program in their SIP that regulates the

9 A major source is one with the potential to emit at least 100 tons per year (tpy) or 250 tpy, depending upon the source, per section 169(1) of the Act.

10 After construction, the source must obtain an operating permit, also called a Title V permit, as this requirement comes from Title V of the Act. Most Title V permits are issued by State and local permitting authorities. These permits are often called part 70 permits because the regu lations that establish minimum standards for State permit programs are found in Title 40 of the Code of Federal Regulations (CFR) at part 70 (denoted 40 CFR 70).Page 8 of 21 modification and construction of any stationary source as necessa ry to assure that the NAAQS are achieved” (70 FR 71612, 71677). EPA provides states with a “broad degree of discretion” in implementing their minor NSR programs ( 71 FR 48696, 48700). The “considerably less detailed” regulations for minor NSR are provided in 40 CFR 51.160 through 51.164. Texas provided for review of new s ources and modification of exis ting sources and for preventing

construction or modification if it would result in violations of a pplicable portions of a control strategy or interfere with attainment or ma intenance of the NAAQS, without distinguishing between minor and major sources. With EPA’s conditional approval of the Texas nonattainment NSR (NNSR) requirements for major sources and major modifications in nonattainment areas,
March 25, 1980 (45 FR 19231), the Texas SIP con tinued to address minor sources and minor

modifications. There have been numerous revi sions approved for the Texas Minor NSR SIP since 1980. Among many others, they include August 13, 1982 (47 FR 35193); September 18,
2002 (67 FR 58697); November 14, 2003 (68 FR 64543); August 28, 2007 (72 FR 49198), March 8, 2010 (75 FR 10416), and April 2, 2010 ( 75 FR 16671). The SIP continues to require preconstruction permits for minor sources and minor modifications. In this action, EPA is proposing to approve Texas’ infrastructure SIPs for the 2008 Pb standards with respect to the ge neral requirement in section 110( a)(2)(C) to include a program in the SIP that regulates the modifi cation and construction of any stat ionary source as necessary to
assure that the NAAQS are achieve d. However, EPA is not propos ing to approve or disapprove Texas’ existing minor NSR program to the exte nt that it may be inconsistent with EPA's regulations governing this program. EPA has mainta ined that the CAA does not require that new infrastructure SIP submissions correct any def ects in existing EPA-appr oved provisions of minor NSR programs in order for EPA to approve the infrastructure SIP for element C (e.g., 76 FR
41076-41079). EPA believes that a number of stat es may have minor NSR provisions that are contrary to the existing EPA regul ations for this program. The st atutory requirements of section 110(a)(2)(C) provide for consider able flexibility in designing minor NSR programs, and EPA believes it may be time to revis it the regulatory requirements for th is program to give the states an appropriate level of flexibility to design a program that meets their particular air quality concerns, while assuring reasonable consistenc y across the country in protecting the NAAQS with respect to new and modified minor sources.

4. Interstate transport, and interstate and international pollution abatement : Section 110(a)(2)(D) is divided into two components, 110(a)(2)(D)(i) and 110(a )(2)(D)(ii). Section 110(a)(2)(D)(i) requires SIPs to include provisi ons prohibiting any sour ce or other type of emissions activity in one state from contributing significantly to nonattainm ent in, or interfering with maintenance of the NAAQS, in another state, or from interfering with measures required to prevent significant deterioration of air quality or to protect visibi lity in another state. Section 110(a)(2)(D)(ii) requires SIPs to include provisi ons ensuring compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement.

The State's response: There are six facilities in Texas that emit 1.0 tpy or more of lead into the air: the United States Army Fort Hood installa tion near Killeen (Fort Hood), Oxbow Carbon inPage 9 of 21 Port Arthur (Oxbow), the Red Ri ver Army Depot near Texarkan a (Red River), the American Smelting and Refining Company facility near Amarillo (ASARCO), the ECS Refining plant in Terrell (ECS), and the Exide Technologies, Incorporat ed lead battery recycling facility in Frisco (Exide). Two facilities in Texas emit between 0.5 and 1.0 tpy of lead into the air: the
International Power Coleto Creek Power Stati on near Fannin (Coleto Creek) and San Miguel Electric Cooperative, Incorporat ed in Christine (San Miguel).
Modeled lead emissions from Fort Hood and Oxbow each result in ambient
concentrations of less than 15% of the le vel of the 2008 lead NAAQS. Additionally, the September 8, 2005, Defense Base Closure and R ealignment Commission report pursuant to
Sections 2903 and 2914 of the Defense Base Cl osure and Realignment Act of 1990 requires the
munitions demilitarization activities at Red Ri ver to be relocated to another facility. 11 These
demilitarization activities are scheduled to cease by September 30, 2011. The TCEQ has submitted waiver requests for the source-oriented lead monitoring requirements for these three facilities, since emissions from these sources ar e not expected to contri bute to an ambient air concentration of lead greater th an 50% of the NAAQS. Source-orien ted lead monitors have been installed for ASARCO, Exide, and ECS. Modeling of the five operational faci lities indicates that lead emissions do not transport over long dist ances and will therefore not impact surrounding nonattainment areas, maintenance areas, or stat es. Modeling for the two facilities that emit between 0.5 and 1.0 tpy was conducted after propos al to determine the need for monitoring.
Modeled lead emissions from Coleto Creek and San Miguel each result in ambient
concentrations of less than 1% of the level of the 2008 lead NAAQS and indicate that there will be no impact on surrounding states. Fort Hood a nd Oxbow model results predict levels of less than 15% of the NAAQS. For Exide, ECS, and ASARCO the predicted concentrations dropped to below half the level of the NAAQS within 2 kilometers of the prope rty line. To further validate this modeling, there are currently no lead nonattainment or maintenance areas in any of
the four states that border Texas: Louisi ana, Oklahoma, Arkansas, and New Mexico. Texas has only one nonattainment area under the 2008 lead NAAQS. On November 16, 2010, the EPA designated a portion of Collin Count y, located in Frisco, Texas, as a lead nonattainment area, effective December 31, 2010 (75 FR 71033). This nonattainment area
surrounds the Exide lead battery recycling faci lity. An area surrounding Exide was originally designated nonattainment for the 1978 lead NAAQS on November 6, 1991. On November 29, 1994, the EPA approved the Collin County lead attainment demonstration SIP revision. On August 31, 1999, the governor of Texas submitted to the EPA a request to redesignate the nonattainment portion of Collin County to attain ment and to approve a ten-year maintenance plan for the area. The EPA redesignated the ar ea to attainment and approved the ten-year maintenance plan effective December 13, 1999 (64 FR55421). In 2009, the governor of Texas submitted to the EPA the final ten-year mainte nance plan for the 1978 lead NAAQS. This SIP revision included contingency measures set in pl ace to promptly correct any violations of the 1978 lead NAAQS. The attainment demonstratio n for the 2008 lead NAAQS will be due to the EPA by June 30, 2012. Based on the control strategies currently in place to reduce lead emissions in the Collin County nonattainment area, modeling that predicts that lead emissions from Texas will not

11 2005 Defense Base Closure and Realignment Commission Report," September 8, 2005, http://www.brac.gov/docs/final/BRACRepor tcomplete.pdf. Red Rive r was not modeled, because it will be shut
down in 2011.Page 10 of 21 impact surrounding states, and lack of nonattain ment or maintenance areas in the four surrounding states, Texas has adequately a ddressed interstate transport of lead.

EPA analysis: As discussed in more detail in the Federal Register notice, there is no source or other emissions activity in Texas that cont ributes significantly to nonattainment in, or interference with, maintenance by another state, the infrastructure SIP PSD requirements are satisfied, as explained herein and in the Federal Register notice pertaining to Section 110(a)(2)(C), and Pb emissions will not impact vi sibility. Furthermore, any Texas Pb emissions do not preclude Texas from ensuring complia nce with CAA Sections 126 and 115. We are therefore proposing that the Texas SIP meets th e requirements of section 110(a)(2)(D) for the 2008 Pb NAAQS.

5. Adequate personnel, funding, and authority : Section 110(a)(2)(E ) requires states to provide for adequate personnel, funding, and legal authority under state law to carry out its SIP and related programs. It also requires complian ce with state board comp osition and conflicts of
interest contained in section 128 of the Act and requires assurances that the state retain primacy for implementation of the SIP in cases where th e state relies upon local or regional government agencies.

The State’s response: 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 and Memoranda of Agreement with other state and local agencies. Local governments have their own responsibilities and privileges regarding the protection of air quality as es tablished by the Texas legislature. The TCEQ relies on the complete statutor y and regulatory authority as referenced throughout this document. The TCEQ also regularly submits a legal author ity with SIP revisions
submitted to the EPA.

EPA analysis: Each SIP must show that the st ate has legal authority to carry out the plan (40 CFR 51.230). Texas SIP revisions include a discussi on on legal authority, with reference to the TCAA. The TCAA was adopted in to the Texas SIP in 1981 (46 FR 61124). The TCAA names the Texas Air Control Board (TACB) as the state air control agency, with principal authority in the state on matters relating to the quality of air resources. In 1991, the Texas Legislature abolished the TACB and its powers, duties, responsi bilities and functions we re transferred to the
Texas Natural Resource Conser vation Commission (TNRCC). In 2001, the Texas Legislature changed the name of the TNRCC to the Texa s Commission on Environmental Quality (TCEQ or Commission). The TCAA is now codified under the Texas Health and Safety Code (THSC), Chapter 382. The current version of the TCAA, wh ich pertains to the TCEQ and is codified under the THSC, retains the authorities approve d into the SIP in 1981. The TCAA charges the Commission with preparing and developing th e SIP (see THSC section 382.012), and provides the agency with “[...] powers neces sary or convenient to carry out its responsibilities.” (ibid.) To address funding, the TCAA at section 382.0622 provide s that “[t]he commission shall request the appropriation of sufficient money to safeguard th e air resources of the st ate.” In addition, thePage 11 of 21 first chapter of a Texas SIP revision 12 typically addresses fiscal and staff resources, usually at the end of the chapter, with the following statement, “The state has determined that its fiscal and manpower resources are adequate and will not be adversely affected through the implementation of this plan.” EPA conducts periodic program re views to ensure that the state has adequate resources and funding to, among other things, implement the SIP. The TCEQ has the authority to collect fees for applications, permits, and inspections pursuant to
THSC section 382.062 and thus receives fees for su ch, as well as for penalties and interest on
fees owed. These fees are discu ssed in detail below, in sectio n II.11, regarding permitting fees (Section 110(a)(2)(L)). The state al so has authority to collect fees for vehicle inspection and maintenance (I/M) programs in several nonattainm ent areas and in the Austin area under THSC
sections 382.202 and 382.302. These ru les are approved in the TX SIP and are found at 30 TAC 114.53 (71 FR 52670) and 114.87 (70 FR 45542). The TCEQ also receives federal funds, author ized pursuant to secti ons 103 and 105 of the Act. The section 103 funds support specific, non-recu rring projects within the air program, thus the amount of funding can vary widely from ye ar to year. The secti on 105 funds support the foundation of the State’s air quality program, including the air monitoring network and annual (recurring) air quality program activities. The sec tion 105 funding levels are relatively consistent, varying not more than about 10% from year to year. The 105 funds require a 40% match from the State, while the 103 funds do not require a match. Where the state relies on local or regional gove rnment, agency, or instrumentality for the implementation of any plan provision, the st ate has responsibility for ensuring adequate implementation of the SIP, codified at 40 CFR 51.232. The TWC declares that the TCEQ is the agency of the state given primary responsibility for implementing the constitution and laws of this state relating to the conser vation of natural resources and th e protection of the environment at 5.012; rules governing the authority of lo cal governments are provided under THSC 382.111- 115.The TCEQ does not relinquish its responsibilities to local governments. The TCEQ made a reference to 30 TAC 7 (Memoranda of Understanding) in its submittal, which serves to identify and clarify the roles of agencies with overlappi ng responsibilities. Th e MOU is discussed in detail in section II.1 above (regarding enforceable emission limits and other control measures, pursuant to section 110(a)(2)(A) of the Act), and also in section II.12 be low (regarding consultation/participation by affected local entiti es, pursuant to section 11 0(a)(2)(M) of the Act). The TCEQ commissioners take final action on Texas state rules and their eligibility to serve as commissioner is subject to section 128 of the Act. S ection 128 requires that, (1) any board or body which approves permits or enforcemen t orders shall have at least a majority of members who represent the public interest and do not derive any signifi cant portion of their income from persons subject to permits or enfo rcement orders under this chapter, and (2) any potential conflicts of interest by members of su ch board or body or th e head of an executive agency with similar powers be adequately disc losed. The three commissioners of the TCEQ are appointed by the governor to represent the gene ral public and their suit ability and conduct are prescribed by the Texas Water Code (TWC). The state rules that address section 128 of the Act are found in the TWC, Title 2 (Water Administra tion), Subtitle A (Executive Agencies), Chapter 5 (Texas Natural Resource Conservation Commissi on), Subchapter C (Texas Natural Resource Conservation Commission), §5.053: Eligibility for Memb ership; §5.054: Removal of

12 The first chapter of a Texas SIP revision typically addresses general information, including, but not limited to: background; public involvement and hearing information; social and economic considerations; and fiscal and

manpower resources.Page 12 of 21 Commission Members; §5.059: Conflict of In terest; §5.060: Lobbyist Prohibition; and Subchapter D (General Powers and Duties of the Commission), §5.111: Standards of Conduct. In 1981, the EPA approved into the SIP the Standard s of Conduct of State Officers and Employees (Texas Revised Civil Statute Annotated, Ar ticle 6252-9b) (46 FR 61124). The current TWC
rules retain the standards of conduct for st ate officers and employees approved in 1981. Based upon review of the state's infrastructu re SIP submission for the 2008 Pb NAAQS, and relevant statutory and regulator y authorities and provisions refe renced in the submission or referenced in Texas’ SIP, EPA believes that th e requirements of section 110(a)(2)(E) are met.

6. Stationary source emissions monitoring and reporting : Section 110(a)(2 )(F) requires, as may be prescribed by the Administrator, (i) th e installation, maintenance and replacement of equipment, and the implementation of other necessary steps, by owners or ope rators of stationary
sources to monitor emissions from such source s, (ii) periodic reports on the nature and amounts
of emissions and emissions-related data from such sources, and (iii) correlation of such reports by the State agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection.

The State's response: The TCEQ requires monitori ng for air pollutants as part of its NSR permit program. Certain emission sources are required to submit annual emission inventories and periodic reporting of emissions, wh ich provides data that is used in air quality modeling to help Texas prepare SIP revisions. Emissions data are available at reasonable times for public inspection, with some information also available on the agency Web site.

The following chapters of 30 TAC contain rule s relevant for this federal 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 of Air Pollution from Visibl e Emissions and Particulate Matter Control of Air Pollution from Sulfur Compounds
Control of Air Pollution from Volatile Organic Compounds Control of Air Pollution by Permits fo r New Construction or Modification
Control of Air Pollution from Nitrogen Compounds

EPA analysis: The TCAA provides the TCEQ with authority to require monitoring and recordkeeping at section 382.016. The authority to require the submittal of emissions data to develop an emissions inventor y is provided at section 382.014. 30 TAC Chapters 101, 106, 111, 112, and 115 - 117 address air monitoring requirements for owners or operators of proposed sources, pursuant to 40 CFR 58.3(c). These chapters are in the SIP and include sampling, sampling pro cedures, emission monitoring and compliance demonstration, reporting, recordkeepi ng, and provides for enforcement. The National Emissions Inventory (NEI) is EPA’s central repository for air emissions data. EPA published the Air Emissions Repor ting Rule (AERR) on December 5, 2008, which modified the requirements for collecting and reporting air emissions data (73 FR 76539). The AERR shortened the time states had to report emi ssions data from 17 to 12 months, giving states one calendar year to submit emissions data. All states are required to submit a comprehensive emissions inventory (EI) every three years and report emissions for certain larger sourcesPage 13 of 21 annually through EPA’s online Emissions Inventory System. States report emissions data for the six criteria pollutants and the prec ursors that form them – NOx, SO 2 , ammonia, lead, carbon monoxide, PM, and VOCs. Many states also volunt arily report emissions of hazardous air pollutants. EPA compiles the emissions data, suppl ementing it where necessary, and releases it to the general public through the websit e www.epa.gov/ttn/chief/eiinformation.html. Based upon review of the state's infrastruc ture SIP submission for the 2008 Pb NAAQS, and relevant statutory and regulat ory authorities and provisions re ferenced in the submission or
referenced in Texas’ SIP, EPA believes that the requirements of section 110(a)(2)(F) are met.

7. Emergency power : Section 110(a)(2)(G) requires states to provide for authority to address activities causing imminent and substantial enda ngerment to public healt h, including adequate contingency plans to implement the emerge ncy episode provisions in their SIPs.

The State's response: The TCEQ may issue emerge ncy orders, or issue or suspend air permits as required by an air pollution emergency. In addi tion, the TCEQ also maintains air quality information in a form readily available to the public on the TCEQ's Today's Texas Air Quality
Forecast Web site (http://www.tceq.texas.gov/compliance/monito ringjair/monops/forecasCtoday.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 30 TAC contain rule s relevant for this federal requirement: Chap. 35

Chap. 118 Emergency and Temporary Orders a nd Permits; Temporary Suspension or
Amendment of Permit Conditions ; Subchapters A, B, C, K Control of Air Pollution Episodes

EPA analysis: The TCEQ has authority to fo rmulate contingency plans for environmental emergencies, pursuant to TWC Chapter 5, Subc hapter L, which provides for emergency and temporary orders, and TWC Chapter 7, which pr ovides enforcement authority. Texas addresses Emergency and Temporary Orders at 30 TAC 35 13 and Control of Air Pollution Episodes at 30 TAC 118. Provisions regarding control of air po llution episodes and the Texas emergency episode contingency plan were first approve d into the SIP on October 7, 1982 (47 FR 44260). Subsequent revisions to this plan were a pproved on September 6, 1990 (55 FR 36632) and July 26, 2000 (65 FR 45915). The rules at 30 TAC 118 in clude contingency plan s and were approved
into the Texas SIP at 65 FR 45915. Based on this analysis, we conclude that th e Texas SIP meets the requirements of section 110(a)(2)(G) for the 2008 Pb NAAQS.

8. Future SIP revisions : Section 110(a)(2 )(H) requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining NAAQS, or in response to an EPA finding th at the SIP is substantially inadequate.

13 Revisions to 30 TAC 35, addressing Emergency and Temporary Orders and Permits, have not been approved into the Texas SIP. EPA will take action on revisions to 30TAC 35 in a separate rulemaking.Page 14 of 21 The State’s response: The TCEQ regularly revises the Texas SIP in response to revisions in the NAAQS and the EPA rules. See §110(a)(2)(A) above.

EPA analysis: As stated above, the TCAA authori zes the TCEQ to establ ish the level of quality
to be maintained in the State’s air and to cont rol the quality of the St ate’s air by preparing and developing a SIP under sections 382.011 a nd 382.012. The TCAA under section 382.011 further provides the TCEQ with “the powers necessary or convenient to carry out its responsibilities.” Section 382.017 authorizes the TCEQ to adopt rules and section 382.036 requires that the TCEQ “advise, consult, and cooperate with [...] the fe deral government.” Thus, Texas has the authority to revise its SIP as may be necessary to account for revisions of the NAAQS, adopt more effective methods of attaining the NAAQS, and re spond to EPA SIP calls. We are proposing that the Texas SIP meets the require ments of section 110(a)(2)(H).

9. Nonattainment area plans or plan revisions under Part D of the CAA : Section 110(a)(2)(I) contains provisions re lated to the submission of nona ttainment area plans or plan revisions as specified in Part D of the CAA.

The State's response: SIP revisions that implem ent the control strategies necessary to bring a
nonattainment area into attainme nt of the NAAQS are not required by the FCAA to be submitted within three years of the promulgation of a new or revise d NAAQS. Therefore, §110(a)(1) does not require this element to be demonstrated as pa rt of an infrastructure SIP submittal. (See 73 FR 16205, at 16206) Texas is in the process of devel oping an attainment dem onstration SIP revision for the single area of the state that has been designated nonattainment for the 2008 lead NAAQS. The attainment demonstration will be submitted to the EPA by June 30, 2012, after undergoing the required notice and public comment period, a nd will include control strategies designed to bring the area into attainment of the 2008 lead NAAQS no later th an the attainment date of December 31, 2015.

EPA analysis: As noted previ ously, EPA does not expect infras tructure SIP submissions to address subsection 110(a)(2)(I). Nonattainment ar ea plans required under Pa rt D are required to
be submitted on a different schedule from the Section 110 infrastructure elements and will be reviewed and acted upon through a separate process governed by the requirements for nonattainment areas, as de scribed in part D.

10. Consultation, public notice, and PSD and visibility protection : Section 110(a)(2)(J) is divided into three components: consultation w ith government officials, public notification requirements, and provisions for PSD and visibility protection. With regards to consultation with government officials, this section requires states to provide a process fo r consultation with local governments and Federal Land Managers (F LMs) carrying out NAAQS implementation requirements pursuant to section 121. Section 110(a)(2)(J) further requires states to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. Section 110(a)(2)(J) also requires States to meet applicable requirements of Part C related to Prevention of Significant Deterior ation and visibility protection.Page 15 of 21 The State's response: The TCEQ has an estab lished public participation process for all SIP revisions and permitting programs. The EPA has proposed limited approval/limited disapproval of the rules regarding public participation for air quality NS R permits.2 Texas has withdrawn from EPA consideration most of the rules that were the subject of the proposed limited approval/limited disapproval, and has submitted new and revised public partic ipation rules to the
EPA as a new SIP revision to address the EPA's published concerns regarding these requirements.3 On October 28, 2010, the EPA signed a notice withdrawing its limited approval/limited disapproval of the SIP revisions relating to public part icipation because those revisions are no longer before the EPA for review (75 FR 68291). The TCEQ consults with other state agencies, local agencies, and nongovernme ntal 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 progr am. Texas submitted a SIP revision to address Regional Haze, including a long-term strategy to a ddress visibility impairment for each Class I area that may be impacted by emissions from Texas facilities.

The following chapters of 30 TAC contain rule s relevant for this federal requirement: Chap. 7 Chap. 35

Chap. 101 Chap. 116 Memoranda of Understanding Emergency and Temporary Orders a nd Permits; Temporary Suspension or Amendment of Permit Conditions; Subchapters Hand K General Air Quality Rules
Control of Air Pollution for Ne w Construction or Modification

EPA analysis: Regarding consultation with govern ment officials, sectio n 110(a)(2)(J) requires states to provide a process for consultation w ith local governments and Federal Land Managers carrying out NAAQS implementation requirements pursuant to section 121 of the Act, relating to consultation. Section 121(1) addresses any trans portation controls, air qu ality maintenance plan requirements or preconstruction re view of direct sources of ai r pollution, and section 121(2)(B) addresses measures pertaining to PSD. Section 382.036 of the TCAA requires the TC EQ to “advise, consult, and cooperate with other state agencies, polit ical subdivisions of the state, [...] other states, the federal government, and interested persons or groups con cerning [...] air quality control.” In addition, as
discussed in Sections II.1 and II .12 of this TSD, 30 TAC 7 provi des for agreements with other agencies, to clarify areas of responsibility. Several MOUs have been approved into the Texas

SIP 14 including an MOU with TxDOT, described in Section II.1 of this TSD. We are proposing that the Texas SIP meets this por tion of section 110(a)(2)(J). Regarding PSD and visibility protection: S ection 110(a)(2)(J) requi res States to meet applicable requirements of Part C related to pr evention of significant deterioration and visibility protection. As detailed in Section II.3 in this TSD (addressing section 110(a)(2)(C)), the Texas PSD program. Texas included a reference to 30 TAC 101 as relevant to meeting this infrastructure element, and applicable sectio ns of 30 TAC 101 (e.g.,101.21) are in the Texas SIP (see 42 FR 27894, June 1, 1977). EPA approved the Texas Visibility Protec tion Plan Long-Term Strategy for Visibility Protection on February 23, 1989 (54 FR 7767). The State’s most recent SIP revision addressing Regional Haze was submitted to EPA on March 19, 2009 in a separate rulemaking. With regard

14 See footnote 16Page 16 of 21 to the applicable requirements for visibility protection, EPA recogni zes that states are subject to visibility and regional haze program requirement s under sections 169A and 169B of the Act. In the event of the establishment of a new NAAQS, however, these visibility and regional haze program requirements do not change. Thus, we fi nd that there is no new visibility obligation triggered under section 110(a)(2 )(J) when a new NAAQS become s effective. We are proposing
that the Texas SIP meets the visibi lity portion of section 110(a)(2)(J).

11. Air quality modeling a nd submission of data : Section 110(a)(2)(K ) requires that SIPs provide for performing air quality modeling to predict effects on air quality resulting from emissions of any NAAQS pollutant, and subm ission of such data to EPA upon request.

The State’s response: Air quality modeling is co nducted during developmen t of revisions to the Texas SIP, as appropriate for the state to demonstrate attainment with required NAAQS. Modeling is also a part of the NSR permitting program.

The following chapter of 30 TAC contains rule s relevant for this federal requirement: Chap. 116 Control of Air Pollution fo r New Construction or Modification

EPA analysis: Based upon review of the state' s infrastructure SIP submissions for the 2008 Pb NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the
submission or referenced in Texa s’ SIP, EPA believes that Texas has the adequate infrastructure needed to address section 110( a)(2)(K) for the 2008 Pb NAAQS.

12. Permitting fees : Section 110(a)(2)(L) requ ires SIPs to require each major stationary source to pay permitting fees to cover the cost of re viewing, approving, implementing and enforcing a permit.

The State's response: The TCEQ assesses fees for reviewing permit applications and for enforcing the terms and conditions of permits.

The following chapters of 30 TAC contain rule s relevant for this federal requirement: Chap. 12 Chap. 101 Chap. 106 Chap. 116 Payment of Fees General Air Quality Rules Permits by Rule, Subchapter A, General Requirements Control of Air Pollution by Permits fo r New Construction or Modification

EPA analysis: The TCAA authorizes and requires the TCEQ to charge an d collect application, permit, and inspection fees (THSC 382.062), including fees for permits subject to Titles IV and V of the Act, and those not subject to Titles IV and V of the Act (see THSC 382.0621). The rules at 30 TAC 12 address penalties and interest on fees owed the State under the jurisdiction of TCEQ. The rules at 30 TAC 101.24 and 101.27 address inspection and emissions fees, respectively. These rules are enforceable by Texas, but they are not in the SIP and as such, are not federally enforceable.
We were unable to find a reference to fees in 30 TAC 106, Subchapter A, but in Subchapter B, Section 106.50 establishes the f ee schedule for permits by rule (PBR) and isPage 17 of 21 approved in the Texas SIP (March 20, 2009, at 74 FR 11851). Section 106.50 directs PBR applicants to submit $100 if classified as a sma ll business, municipalit y, county, or independent school district with a population of 10,000 or fewe r residents. All other entities must submit $450 with the registration form. Section 106.50 furt her explains how to submit the fee. The registration fee under sec tion 106.50 does not apply if the sole purpose of the registration form is to establish federally enforceable emissions limits under section 106.6 or for remediation projects conducted under section 106.533. 30 TAC 116 addresses permitting for new construction or modification, and as sociated fees. The sections in the Texas SIP that address fees
are listed in Table 3 below.

Table 3: Texas rules relevant to meeting sect ion 110(a)(2)(L):

Relevant Section of the Texas SIP EPA Approval/FR Citation 30 TAC 106.50 Registration Fees fo r PBR March 20, 2009 at 74 FR 11851

30 TAC 116.141 Determination of Fees 74 FR 11851 30 TAC 116.143 Payment of Fees 74 FR 11851

30 TAC 116.163 PSD Permit Fees 74 FR 11851 30 TAC 116.313 Renewal Application Fees 74 FR 11851

30 TAC 116.614 Standard Permit Fees 74 FR 11851 30 TAC 116.926 Permit Fee January 11, 2011 at 76 FR 1525

The sections listed in Table 3 above are in the Texas SIP and meet the requirements of section 110(a)(2)(L). We are proposing that the Te xas SIP meets the requirements of section 110(a)(2)(L).

13. Consultation/participation by affected local entities : Section 110(a)(2)(M) requires states to provide for consultation and participation in SIP development by local political subdivisions affected by the SIP.

The State’s response: The TCEQ has several cooperative agreements and Memoranda of Understanding with various other state and local agencies and organizations. Consultation with a variety of different organizations is a regular part of the TCEQ 's process of developing SIP
revisions.

EPA analysis: Based upon review of the state's infrastructu re SIP submission for the 2008 Pb NAAQS, and relevant statutory and regulator y authorities and provisions refe renced in the submission or referenced in Texas’ SIP, EPA believes that the requirements of section 110(a)(2)(M) are met.

IV. EPA’s Recommendation We reviewed the Texas submittal, SIP, and recent air quality data for Pb for compliance with the requirements of sections 110(a)(1) and (2) of the Act for the 2008 Pb NAAQS. Based on these evaluations, EPA is proposing to approve the Texas 2008 Pb i-SIP.

We recommend approval of the Texas infrastructure SIP for the 2008 Lead NAAQS for the following elements : Emission limits and other control measures: Section 110(a)(2)(A)Page 18 of 21 Ambient air quality monitoring/data system: Section 110(a)(2)(B) Program for enforcement of control measures: Section 110(a)(2)(C) Interstate transport: Section 110(a)(2)(D)(i)(ii) Adequate resources: Section 110(a)(2)(E) Stationary source monitoring system: Section 110(a)(2)(F) Emergency power: Section 110(a)(2)(G)
Future SIP revisions: Section 110(a)(2)(H) Consultation with government offi cials: Section 110(a)(2)(J)
Public notification: Section 110(a)(2)(J) PSD and visibility protectio n: Section 110(a)(2)(J) Air quality and modeling/data : Section 110(a)(2)(K) Permitting fees: Section 110(a)(2)(L) Consultation/particip ation by affected local enti ties: Secti on 110(a)(2)(M)

V. References

1. Guidance on Infrastructure State Implem entation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS), Memorandum from Stephe n D. Page, Director, Air Qu ality Policy Division, OAQPS, to Regional Air Division Directors. http://www.epa.gov/oar/lead/pdfs /20111014infrastructure.pdfVI. Texas’ 2013 Pb Emissions InventorySite NameEmissions(tpy)EISIdentifier County Facility TypeCAL TEX LUMBER 0.0066 3961811 Nacogdoches Lumber/SawmillPRECOAT METALS HOUSTON 0.004 4019511 HarrisMCWANE INC 0.2101 4032011 Smith Foundries, Iron and SteelCORPUS CHRISTI ARMY DEPOT 0.0002 4179111 Nueces Military BaseNORBORD TEXAS NACOGDOCHES 0.0083 4180211 NacogdochesCARTHAGE ORIENTED STRANDBOARDMILL 0.0062 4180311 Panola Wood Board Manufacturing PlantTX CONDUIT DIVISION 0.0001 4181311 UpshurSANDOW STEAM ELECTRIC STATION 0.0602 4204811 Milam Electricity Generation via CombustionHOUSTON PLANT 0.0205 4778711 Harris Chemical PlantTHE BOEING COMPANY 0.0008 4835511 El PasoSNIDER INDUSTRIES SAWMILL0.0175 4846511 Harrison Lumber/SawmillLACKLAND AIR FORCE BASE0.0109 4882311 Bexar Military BaseLONE STAR ARMY AMMUNITION PLANTTEXARKANA 0.0111 4882411 Bowie Munition or Explosives PlantNEW BOSTON LUMBER MILL 0.01114882611 Bowie Lumber/SawmillRED RIVER ARMY DEPOT 0.001 4897411 Bowie Military BaseOYSTER CREEK COGENERATION POWERUNIT 8 0.0059 4897811 Brazoria ElectricityGeneration via CombustionBAYTOWN REFINERY 0.0953 4924411 Harris Petroleum RefineryBEAUMONT CHEMICAL PLANT 0.038 4930211 Jefferson Chemical PlantTEXAS OPERATIONS 0.0259 4941511 Harrison Chemical PlantFORT HOOD 0.7352 5616211 Bell Military BasePOLLOK LUMBER MILL 0.0033 5632811 Angelina Lumber/SawmillENCORE WIRE CORP 0.0261 5730111 Collin Fabricated Metal Products PlantPage20of21Site NameEmissions(tpy)EISIdentifier County Facility TypeORANGE PLANT 0.0018 5780411 Orange Plastic,Resin, or Rubber Products PlantFREEPORT PLANT 0.0473 5860611 BrazoriaJASPER OSB MILL 0.0122 6444511 JasperHAZARDOUS WASTE DISPOSAL 0.0008 6444911 JeffersonWESTERN REFINING EL PASO 0.0033 6476111 ElPaso Petroleum RefineryVALSPAR COATINGS 0.0011 6476811 DallasCORRIGAN PLYWOOD MILL 0.0024 6477211 PolkWood Board Manufacturing PlantHENDERSON LUMBER MILL 0.0029 6498511 Rusk Lumber/SawmillCAMDEN PLYWOOD & LUMBERCOMPLEX 0.016 6498711 Polk Wood Board Manufacturing PlantCLEAN HARBORS DEER PARK LLC 0.094 6534811 HarrisBALCONES PLANT 0.0016 6614311 Comal Portland Cement ManufacturingOIL STATES INDUSTRIES SPECIALPRODUCTS DIVISION 0.027 6889911 TarrantBUSH IAH 0.0001 9102911 HarrisMABRY CASTINGS LTD 0.3196 13382211 Jefferson Steel MillSTAR TUBULAR SERVICES DIVISION 0.003 13389111 MorrisAMERICAN MATERIALS 0.0009 13394911Multiple(portablefacilities)CONTINENTAL AIRLINES IAH AIRPORT 0.0049 13403311 HarrisCONRAD ORANGE SHIPYARD INC 0.0061 13407511 OrangeShip/Boat Manufacturing or RepairFacilitySANDOW 5 GENERATING PLANT 0.011 13408411 MilamElectricity Generation via CombustionTUBULAR PROCESSING SERVICESDIVISON 0.002 13409911 HarrisPage21of21Site NameEmissions(tpy)EISIdentifier County Facility TypeNIBCO NACOGDOCHES PLANT 0.011 14998011 Nacogdoches Foundries, non-ferrousState-wide Pb Emissions 4.2854