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 additional documentation 

concerning our evaluation of the submittal provided by the Texas Commission for 

Environmental Quality (TCEQ) to meet the requirements of section 110(a)(2) of the Clean Air 

Act (CAA or Act) for the 2008 national ambient air quality standards (NAAQS or standards) for 

lead (Pb). More detail on these standards, section 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 additional background material on the NAAQS, State 

Implementation Plans (SIPs), and related issues. 

Section III of this TSD provides a description of each element required under section 

110(a)(2) of the Act, the State’s response, and additional details of our analysis of the State’s 

response that are not included in the Federal Register notice for this proposed action. Copies of 

the State’s submittal are in the docket for this rulemaking. 

Section IV of this TSD includes our recommendation for action on each of the elements 

reviewed herein. 

 Section V of the TSD contains a list of the guidance documents cited herein. Copies of 

the guidance documents referenced are in the docket for this rulemaking. 

 Section VI of this TSD shows Texas’ 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 standards, please see the EPA web site on the lead 

NAAQS1 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 years following the promulgation of the NAAQS, or within such 

shorter period as EPA may prescribe. Section 110(a)(2) lists the specific infrastructure elements 

that must be incorporated into the SIPs, including for example, requirements for air pollution 

control measures, which are designed to assure attainment and maintenance 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. The schedule for completion of EPA’s periodic review of the Pb 

NAAQS was governed by a judicial order in Missouri Coalition for the Environment v. EPA 

(No. 4:04CV00660 ERW, Sept. 14, 2005), which required 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 infrastructure 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 Stephen 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 requirements 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 revised NAAQS and a separate September 14, 2011 

SIP submissions that addresses the interstate transport 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/lead/infrastructure/Lead_Infrastr

ucture_Oct2011.pdf for additional information on the Pb infrastructure SIP and 

http://www.tceq.texas.gov/assets/public/implementation/air/sip/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/pdfs/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 necessary 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. These requirements are: (i) Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as required in part D Title I of the CAA and (ii) submissions 

required by section 110(a)(2)(I) which pertain to the nonattainment 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 Texas’ 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 establish NAAQS for pollutants that “may 

reasonably be anticipated to endanger public health and welfare,” and to develop a primary and 

secondary standard for each NAAQS. The primary standard is designed to protect human health 

with an adequate margin of safety, and the secondary standard is designed 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, nitrogen dioxide, ozone, 

particulate matter, and sulfur dioxide. These standards 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 residents 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 set of state statutes, air pollution regulations, 

control strategies, other means or techniques, and technical analyses developed by the state, to 

ensure that the state meets the NAAQS. The SIP is required by section 110 and other provisions 

of the Act. These SIPs can be extensive, containing state regulations or other enforceable 

documents and supporting information such as emissions inventories, monitoring networks, and 

modeling demonstrations. Each state must submit these regulations and control strategies to EPA 

for approval and incorporation into the federally enforceable SIP. Each federally approved SIP 

protects air quality primarily by addressing 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 integral 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 provisions 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 requiring further approval by EPA, that may be 

contrary to the CAA (“director's discretion”); (iii) existing provisions for minor source NSR 

programs that may be inconsistent with the requirements 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 requirements 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 authority to address any such existing SIP defects in 

other rulemakings, as appropriate. A detailed rationale for why these four substantive issues are 

not part of the scope of infrastructure SIP 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 PM2.5

National Ambient Air Quality Standards” in the section 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 state, as provided under section 110 of the Act, 42 

U.S.C. 7410, and 40 CFR 51 to meet the NAAQS. The 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 that a SIP must contain in order to be fully 

approved.6 In the following sections of this document 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 submittal for the 2008 Pb NAAQS. Where it is useful, 

we include tables showing the date that the applicable state rules 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 promulgated rules to implement and enforce the NAAQS 

and other air quality standards. These rules include programs for banking and trading of 

emissions, as well as permits and fees. Periodic revisions to the SIP establish timetables and 

schedules for improving the air quality in 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 Visible Emissions and Particulate Matter 

Chap. 112 Control of Air Pollution from Sulfur Compounds 

Chap. 113 Standards of Performance for Hazardous Air Pollutants and for Designated 

 Facilities and Pollutants 

Chap. 114 Control of Air Pollution from Motor Vehicles 

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 Pollution 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 incentives, marketable permits, and auctions of emissions rights. 

These rules include emission limits, control measures, as well as permits and fees. 

30 TAC 101 defines a variety of control methods in Subchapter A (General Rules); and 

provides for control techniques and compliance timeframes in Subchapters F (Emissions Events 

and Scheduled Maintenance, Startup, and Shutdown Activities) and H (Emissions Banking and 

Trading). 

30 TAC 106 addresses general and specific requirements for permits by rule, including 

enforceable emission limits, control methods and compliance timeframes. 30 TAC 111 

provides control of air pollution from visible emissions and PM, and includes requirements 

for specified sources, alternate opacity limitations, emission limits, control methods, and 

compliance timeframes. 30 TAC 116 addresses control of air pollution by permits for new 

construction or modification of existing sources 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 enforceable by the State and EPA, and US citizens 

are offered legal recourse to address violations 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 

Trading 

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 

Requirements 

November 14, 2003 at 68 FR 64548 

Chapter 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 state 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 monitoring 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 network of air quality monitors to collect air 

emissions data that is reported to the EPA on a regular basis. 

The following chapters of 30 TAC contain rules 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 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) 

and are evaluated in 6 below, regarding stationary source emissions monitoring and reporting, 

pursuant to the requirements of section 110(a)(2)(F) of the Act. 

We are proposing that the Texas SIP meets the requirements of section 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 the measures described in subparagraph (A), and 

the regulation of the modification and construction of any stationary sources within the areas 

covered by the SIP as necessary to assure that the NAAQS are achieved, including a permit 

program as required in parts C and D. 

The State's response: The TCEQ has established rules governing the enforcement of control 

measures, including attainment plans and permitting 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 Conditions; Subchapters A, B, C, K 

Chap. 39 Public Notice 

Chap. 55 Requests for Reconsideration and Contested Case Hearings; Public Notice 

Chap. 101 General Air Quality Rules 

 

8

 Texas has permitting rules for Prevention of Significant Deterioration (PSD), as required by the FCAA. The EPA 

has recently promulgated regulations for the permitting of greenhouse gases 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 for permitting of facilities that emit criteria pollutants. 

Greenhouse gases are not criteria pollutants, with a NAAQS that must be met, and therefore a lack of permitting 

requirements in Texas rules for greenhouse gas emissions does 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 Pollution from Nitrogen Compound

EPA analysis: Enforcement of emissions inventory requirements is provided under 30 TAC 

101.10(f) Components related to enforcement 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 control schedules. These rules clarify the boundaries 

beyond which regulated entities in Texas can expect enforcement action. 

New major stationary sources and major9 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-construction10 permitting process for major 

stationary sources is called new source review (NSR) and is required whether the major source 

or major modification is planned for an area where the NAAQS are exceeded (nonattainment 

areas) or an area where the NAAQS have not been exceeded (attainment and unclassifiable 

areas). In general, permits for sources in attainment 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 referred to as the NSR program. The statutory 

and regulatory programs that regulate NSR are provided under part C of the Act, and 40 CFR 

51.160 through 51.166. Part C of the Act requires prevention 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 September 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 with attainment or maintenance of a NAAQS or 

violate the control strategy in nonattainment areas. 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 include 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 regulations 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 necessary 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 sources and modification of existing sources and for preventing 

construction or modification if it would result in violations of applicable portions of a control 

strategy or interfere with attainment or maintenance 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 continued to address minor sources and minor 

modifications. There have been numerous revisions 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 general requirement in section 110(a)(2)(C) to include a program in 

the SIP that regulates the modification and construction of any stationary source as necessary to 

assure that the NAAQS are achieved. However, EPA is not proposing to approve or disapprove 

Texas’ existing minor NSR program to the extent that it may be inconsistent with EPA's 

regulations governing this program. EPA has maintained that the CAA does not require that new 

infrastructure SIP submissions correct any defects in existing EPA-approved 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 states may have minor NSR provisions that are 

contrary to the existing EPA regulations for this program. The statutory requirements of section 

110(a)(2)(C) provide for considerable flexibility in designing minor NSR programs, and EPA 

believes it may be time to revisit the regulatory requirements for this program to give the states 

an appropriate level of flexibility to design a program that meets their particular air quality 

concerns, while assuring reasonable consistency 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 provisions prohibiting any source or other type of 

emissions activity in one state from contributing significantly to nonattainment 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 visibility in another state. Section 

110(a)(2)(D)(ii) requires SIPs to include provisions 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 installation near Killeen (Fort Hood), Oxbow Carbon in 
Page 9 of 21

Port Arthur (Oxbow), the Red River Army Depot near Texarkana (Red River), the American 

Smelting and Refining Company facility near Amarillo (ASARCO), the ECS Refining plant in 

Terrell (ECS), and the Exide Technologies, Incorporated 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 Station near Fannin (Coleto Creek) and San Miguel 

Electric Cooperative, Incorporated in Christine (San Miguel). 

 Modeled lead emissions from Fort Hood and Oxbow each result in ambient 

concentrations of less than 15% of the level of the 2008 lead NAAQS. Additionally, the 

September 8, 2005, Defense Base Closure and Realignment Commission report pursuant to 

Sections 2903 and 2914 of the Defense Base Closure and Realignment Act of 1990 requires the 

munitions demilitarization activities at Red River 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 are not expected to contribute to an ambient air 

concentration of lead greater than 50% of the NAAQS. Source-oriented lead monitors have been 

installed for ASARCO, Exide, and ECS. Modeling of the five operational facilities indicates that 

lead emissions do not transport over long distances and will therefore not impact surrounding 

nonattainment areas, maintenance areas, or states. Modeling for the two facilities that emit 

between 0.5 and 1.0 tpy was conducted after proposal 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 and 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 property line. To further 

validate this modeling, there are currently no lead nonattainment or maintenance areas in any of 

the four states that border Texas: Louisiana, 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 County, 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 facility. 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 attainment and to approve a ten-year maintenance 

plan for the area. The EPA redesignated the area 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 maintenance plan for the 1978 lead NAAQS. This SIP 

revision included contingency measures set in place to promptly correct any violations of the 

1978 lead NAAQS. The attainment demonstration 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/BRACReportcomplete.pdf. Red River was not modeled, because it will be shut 

down in 2011. 
Page 10 of 21

impact surrounding states, and lack of nonattainment or maintenance areas in the four 

surrounding states, Texas has adequately addressed 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 contributes 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 visibility. Furthermore, any Texas Pb emissions 

do not preclude Texas from ensuring compliance with CAA Sections 126 and 115. We are 

therefore proposing that the Texas SIP meets the 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 compliance with state board composition 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 the 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 established by the Texas legislature. 

 The TCEQ relies on the complete statutory and regulatory authority as referenced 

throughout this document. The TCEQ also regularly submits a legal authority with SIP revisions 

submitted to the EPA. 

EPA analysis: Each SIP must show that the state has legal authority to carry out the plan (40 

CFR 51.230). Texas SIP revisions include a discussion on legal authority, with reference to the 

TCAA. The TCAA was adopted into 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, responsibilities and functions were transferred to the 

Texas Natural Resource Conservation Commission (TNRCC). In 2001, the Texas Legislature 

changed the name of the TNRCC to the Texas 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, which pertains to the TCEQ and is codified 

under the THSC, retains the authorities approved into the SIP in 1981. The TCAA charges the 

Commission with preparing and developing the SIP (see THSC section 382.012), and provides 

the agency with “[...] powers necessary or convenient to carry out its responsibilities.” (ibid.) To 

address funding, the TCAA at section 382.0622 provides that “[t]he commission shall request the 

appropriation of sufficient money to safeguard the air resources of the state.” In addition, the 
Page 11 of 21

first chapter of a Texas SIP revision12 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 reviews 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 such, as well as for penalties and interest on 

fees owed. These fees are discussed in detail below, in section II.11, regarding permitting fees 

(Section 110(a)(2)(L)). The state also has authority to collect fees for vehicle inspection and 

maintenance (I/M) programs in several nonattainment areas and in the Austin area under THSC 

sections 382.202 and 382.302. These rules 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, authorized pursuant to sections 103 and 105 of the 

Act. The section 103 funds support specific, non-recurring projects within the air program, thus 

the amount of funding can vary widely from year to year. The section 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 section 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 government, agency, or instrumentality for the 

implementation of any plan provision, the state 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 conservation of natural resources and the protection of the environment 

at 5.012; rules governing the authority of local 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 overlapping responsibilities. The 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 below (regarding 

consultation/participation by affected local entities, pursuant to section 110(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. Section 128 requires that, (1) any 

board or body which approves permits or enforcement orders shall have at least a majority of 

members who represent the public interest and do not derive any significant portion of their 

income from persons subject to permits or enforcement orders under this chapter, and (2) any 

potential conflicts of interest by members of such board or body or the head of an executive 

agency with similar powers be adequately disclosed. The three commissioners of the TCEQ are 

appointed by the governor to represent the general public and their suitability 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 Administration), Subtitle A (Executive Agencies), Chapter 

5 (Texas Natural Resource Conservation Commission), Subchapter C (Texas Natural Resource 

Conservation Commission), §5.053: Eligibility for Membership; §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 Interest; §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 Standards of Conduct of State Officers and Employees 

(Texas Revised Civil Statute Annotated, Article 6252-9b) (46 FR 61124). The current TWC 

rules retain the standards of conduct for state officers and employees approved in 1981. 

Based upon review of the state's infrastructure SIP submission for the 2008 Pb NAAQS, and 

relevant statutory and regulatory authorities and provisions referenced in the submission or 

referenced in Texas’ SIP, EPA believes that the 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) the installation, maintenance and replacement of 

equipment, and the implementation of other necessary steps, by owners or operators of stationary 

sources to monitor emissions from such sources, (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 monitoring 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, which 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 rules 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 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 inventory 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 procedures, emission monitoring and compliance 

demonstration, reporting, recordkeeping, and provides for enforcement. 

The National Emissions Inventory (NEI) is EPA’s central repository for air emissions 

data. EPA published the Air Emissions Reporting 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 emissions 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 sources 
Page 13 of 21

annually through EPA’s online Emissions Inventory System. States report emissions data for the 

six criteria pollutants and the precursors that form them – NOx, SO2, ammonia, lead, carbon 

monoxide, PM, and VOCs. Many states also voluntarily report emissions of hazardous air 

pollutants. EPA compiles the emissions data, supplementing it where necessary, and releases it to 

the general public through the website www.epa.gov/ttn/chief/eiinformation.html. 

Based upon review of the state's infrastructure SIP submission for the 2008 Pb NAAQS, 

and relevant statutory and regulatory authorities and provisions referenced 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 endangerment to public health, including adequate 

contingency plans to implement the emergency episode provisions in their SIPs. 

The State's response: The TCEQ may issue emergency orders, or issue or suspend air permits as 

required by an air pollution emergency. In addition, the TCEQ also maintains air 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/monitoringjair/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 rules relevant for this federal requirement: 

Chap. 35 

Chap. 118 

Emergency and Temporary Orders and 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 formulate contingency plans for environmental 

emergencies, pursuant to TWC Chapter 5, Subchapter L, which provides for emergency and 

temporary orders, and TWC Chapter 7, which provides enforcement authority. Texas addresses 

Emergency and Temporary Orders at 30 TAC 3513 and Control of Air Pollution Episodes at 30 

TAC 118. Provisions regarding control of air pollution episodes and the Texas emergency 

episode contingency plan were first approved into the SIP on October 7, 1982 (47 FR 44260). 

Subsequent revisions to this plan were approved on September 6, 1990 (55 FR 36632) and July 

26, 2000 (65 FR 45915). The rules at 30 TAC 118 include contingency plans and were approved 

into the Texas SIP at 65 FR 45915. 

 Based on this analysis, we conclude that the 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 that 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 authorizes the TCEQ to establish the level of quality 

to be maintained in the State’s air and to control the quality of the State’s air by preparing and 

developing a SIP under sections 382.011 and 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 federal 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 respond to EPA SIP calls. We are proposing that 

the Texas SIP meets the requirements 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 related to the submission of nonattainment area plans or plan 

revisions as specified in Part D of the CAA. 

The State's response: SIP revisions that implement the control strategies necessary to bring a 

nonattainment area into attainment of the NAAQS are not required by the FCAA to be submitted 

within three years of the promulgation of a new or revised NAAQS. Therefore, §110(a)(1) does 

not require this element to be demonstrated as part of an infrastructure SIP submittal. (See 73 FR 

16205, at 16206) Texas is in the process of developing an attainment demonstration 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, and will include control strategies designed to 

bring the area into attainment of the 2008 lead NAAQS no later than the attainment date of 

December 31, 2015. 

EPA analysis: As noted previously, EPA does not expect infrastructure SIP submissions to 

address subsection 110(a)(2)(I). Nonattainment area plans required under Part 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 described in part D. 

10. Consultation, public notice, and PSD and visibility protection: Section 110(a)(2)(J) is 

divided into three components: consultation with 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 for consultation with local 

governments and Federal Land Managers (FLMs) 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 Deterioration and visibility 

protection. 
Page 15 of 21

The State's response: The TCEQ has an established 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 NSR 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 participation 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 participation because those 

revisions are no longer before the EPA for review (75 FR 68291). The TCEQ consults with other 

state agencies, local agencies, and nongovernmental organizations, as well as with the 

environmental agencies of other states regarding air quality concerns. All major sources in Texas 

are subject to Texas' SIP-approved PSD program. Texas submitted a SIP revision to address 

Regional Haze, including a long-term strategy to address visibility impairment for each Class I 

area that may be impacted by emissions from Texas facilities. 

The following chapters of 30 TAC contain rules relevant for this federal requirement: 

Chap. 7 

Chap. 35 

Chap. 101 

Chap. 116 

Memoranda of Understanding 

Emergency and Temporary Orders and Permits; Temporary Suspension or 

Amendment of Permit Conditions; Subchapters Hand K 

General Air Quality Rules 

Control of Air Pollution for New Construction or Modification

EPA analysis: Regarding consultation with government officials, section 110(a)(2)(J) requires 

states to provide a process for consultation with 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 transportation controls, air quality maintenance plan 

requirements or preconstruction review of direct sources of air pollution, and section 121(2)(B) 

addresses measures pertaining to PSD. 

 Section 382.036 of the TCAA requires the TCEQ to “advise, consult, and cooperate 

with other state agencies, political subdivisions of the state, [...] other states, the federal 

government, and interested persons or groups concerning [...] air quality control.” In addition, as 

discussed in Sections II.1 and II.12 of this TSD, 30 TAC 7 provides for agreements with other 

agencies, to clarify areas of responsibility. Several MOUs have been approved into the Texas 

SIP14 including an MOU with TxDOT, described in Section II.1 of this TSD. We are proposing 

that the Texas SIP meets this portion of section 110(a)(2)(J). 

 Regarding PSD and visibility protection: Section 110(a)(2)(J) requires States to meet 

applicable requirements of Part C related to prevention 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 sections 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 Protection 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 16 
Page 16 of 21

to the applicable requirements for visibility protection, EPA recognizes that states are subject to 

visibility and regional haze program requirements 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 find that there is no new visibility obligation 

triggered under section 110(a)(2)(J) when a new NAAQS becomes effective. We are proposing 

that the Texas SIP meets the visibility portion of section 110(a)(2)(J). 

11. Air quality modeling and 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 submission of such data to EPA upon request. 

The State’s response: Air quality modeling is conducted during development 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 rules relevant for this federal requirement: 

Chap. 116 Control of Air Pollution for 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 Texas’ 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) requires SIPs to require each major stationary source 

to pay permitting fees to cover the cost of reviewing, 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 rules 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 for New Construction or Modification 

EPA analysis: The TCAA authorizes and requires the TCEQ to charge and 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 fee schedule for permits by rule (PBR) and is 
Page 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 small business, municipality, county, or independent 

school district with a population of 10,000 or fewer residents. All other entities must submit 

$450 with the registration form. Section 106.50 further explains how to submit the fee. The 

registration fee under section 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 associated fees. The sections in the Texas SIP that address fees 

are listed in Table 3 below. 

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

Relevant Section of the Texas SIP EPA Approval/FR Citation

30 TAC 106.50 Registration Fees for 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 Texas 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 infrastructure SIP submission for the 2008 Pb NAAQS, and 

relevant statutory and regulatory authorities and provisions referenced 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 officials: Section 110(a)(2)(J) 

Public notification: Section 110(a)(2)(J) 

PSD and visibility protection: Section 110(a)(2)(J) 

Air quality and modeling/data: Section 110(a)(2)(K) 

Permitting fees: Section 110(a)(2)(L) 

Consultation/participation by affected local entities: Section 110(a)(2)(M) 

V. References 

1. 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 Stephen D. Page, Director, Air Quality Policy Division, OAQPS, 

to Regional Air Division Directors. 

http://www.epa.gov/oar/lead/pdfs/20111014infrastructure.pdf 
VI. Texas’ 2013 Pb Emissions Inventory 

Site Name 

Emissions (tpy) 

EIS Identifier County Facility Type 

CAL TEX LUMBER 0.0066 3961811 Nacogdoches Lumber/Sawmill PRECOAT METALS HOUSTON 0.004 4019511 Harris MCWANE INC 0.2101 4032011 Smith Foundries, Iron and Steel CORPUS CHRISTI ARMY DEPOT 0.0002 4179111 Nueces Military Base NORBORD TEXAS NACOGDOCHES 0.0083 4180211 Nacogdoches CARTHAGE ORIENTED STRANDBOARD MILL 0.0062 4180311 Panola Wood Board ManufacturinTX CONDUIT DIVISION 0.0001 4181311 Upshur SANDOW STEAM ELECTRIC STATION 0.0602 4204811 Milam Electricity Generation via HOUSTON PLANT 0.0205 4778711 Harris Chemical Plant THE BOEING COMPANY 0.0008 4835511 El Paso SNIDER INDUSTRIES SAWMILL 0.0175 4846511 Harrison Lumber/Sawmill LACKLAND AIR FORCE BASE 0.0109 4882311 Bexar Military Base LONE STAR ARMY AMMUNITION PLANT TEXARKANA 0.0111 4882411 Bowie Munition or Explosives PlaNEW BOSTON LUMBER MILL 0.0111 4882611 Bowie Lumber/Sawmill RED RIVER ARMY DEPOT 0.001 4897411 Bowie Military Base OYSTER CREEK COGENERATION POWER UNIT 8 0.0059 4897811 Brazoria Electricity Generation via 

BAYTOWN REFINERY 0.0953 4924411 Harris Petroleum Refinery BEAUMONT CHEMICAL PLANT 0.038 4930211 Jefferson Chemical Plant TEXAS OPERATIONS 0.0259 4941511 Harrison Chemical Plant FORT HOOD 0.7352 5616211 Bell Military Base POLLOK LUMBER MILL 0.0033 5632811 Angelina Lumber/Sawmill ENCORE WIRE CORP 0.0261 5730111 Collin Fabricated Metal Products 
Page 20 of 21

Site Name 

Emissions (tpy) 

EIS Identifier County Facility Type 

ORANGE PLANT 0.0018 5780411 Orange Plastic, Resin, or Rubber PFREEPORT PLANT 0.0473 5860611 Brazoria JASPER OSB MILL 0.0122 6444511 Jasper HAZARDOUS WASTE DISPOSAL 0.0008 6444911 Jefferson WESTERN REFINING EL PASO 0.0033 6476111 El Paso Petroleum Refinery VALSPAR COATINGS 0.0011 6476811 Dallas CORRIGAN PLYWOOD MILL 0.0024 6477211 Polk Wood Board ManufacturinHENDERSON LUMBER MILL 0.0029 6498511 Rusk Lumber/Sawmill CAMDEN PLYWOOD & LUMBER COMPLEX 0.016 6498711 Polk Wood Board ManufacturinCLEAN HARBORS DEER PARK LLC 0.094 6534811 Harris BALCONES PLANT 0.0016 6614311 Comal Portland Cement ManufactOIL STATES INDUSTRIES SPECIAL PRODUCTS DIVISION 0.027 6889911 Tarrant BUSH IAH 0.0001 9102911 Harris MABRY CASTINGS LTD 0.3196 13382211 Jefferson Steel Mill STAR TUBULAR SERVICES DIVISION 0.003 13389111 Morris AMERICAN MATERIALS 0.0009 13394911

Multiple (portable facilities) 

CONTINENTAL AIRLINES IAH AIRPORT 0.0049 13403311 Harris CONRAD ORANGE SHIPYARD INC 0.0061 13407511 Orange 

Ship/Boat Manufacturing oFacility 

SANDOW 5 GENERATING PLANT 0.011 13408411 Milam Electricity Generation via TUBULAR PROCESSING SERVICES DIVISON 0.002 13409911 Harris 
Page 21 of 21

Site Name 

Emissions (tpy) 

EIS Identifier County Facility Type 

NIBCO NACOGDOCHES PLANT 0.011 14998011 Nacogdoches Foundries, non-ferrous State-wide Pb Emissions 4.2854