BryanW. Shaw, Ph.D., Chairman Toby**Baker~** Commissioner Zak Covar, Executive Director 

### RECEIVED
- SPDL AIR PLANNING SEC. 

### 13 DEC 30 PH 6: OB 

## TExAs COMMISSION ON ENVIRONMENTAL QUAIJ1Y Protecting Texas byReducing andPreventing Pollution 

### 91 7108 2133 3935 1971 0458
December 23, 2013

Mr. Ron Curry Regional Administrator U.S. Environmental ProtectionAgency- Region 6 1445 Ross Avenue, Suite 1200

.. ' Dallas, Texas 75202-2733

. Docket No. 2013-2092-SIP Rule Project No. 2014-009-SIP-NR

Re: Withdrawal ofCertain Federal Operating Permits Program Rules from Consideration as State Implementation Plan Revisions Dear Mr. Curry: On December 11, 2013, the Texas Commission on Environmental Quality (Commission) voted to withdrawcertain rules from consideration bythe United States Environmental Protection Agency (EPA) as revisions to the State Implementation Plan. EPA proposed approval ofthese rules by notice in the

### FederalRegisterby EPA on September 10, 2013 (78 FR 55221) under Docket No, EPA-Ro6-0AR-2010-0335· The rules TCEQ is withdrawing are 30 Tex. Admin. Code Chapter 101, General Air Quality Rules,§ 101.28, adopted on December 1,1999 as partofRule Project No. 99017-101-AI and submittedto EPA on December 17, 1999; Chapter 122, Federal Operating Permits Program, §§ 122.215, and 122.218, adopted May 9, 2001 as partofRule Project No. 2000-043-122-AI and submittedto EPA October 4, 2001; Chapter 122, Federal Operating Permits Program, § 122.216, amended May 9, 2001 as part ofRuie Project No. 2000-043-122-AI and submitted to EPA October4, 2001; and Chapter 122, Federal Operating Permits Program,§ 122.217, as amended on November 20, 2002 as part 

### ofRule Project No. 2002-043-122-AI and submitted 

### to EPA onAugust 11, 2003. We understand that EPA must meet a deadline ofDecember 31, 2013, for final action onthese rules. This withdrawal removes these ruies from your consideration atthis time.

P.O. Box 13087 • Austin, Texas 78711·3087 • 512-239·1000 • tceq.teJ<as.gov Howls our customer service? tceq.texas.govjcustomersurreyDocket No. 2013-2092-SIP Rule Project No. 2014-009-SIP-NR Mr. Ron Curry Page 2

We understand that EPA must meet a deadline ofDecember 31, 2013 for final action on these rules. This withdrawal removes these rules from your consideration at this time. Enclosed is the Commission's Order that enacts this action. Sincerely,

BWS/jbh Enclosures
cc: The Honorable Rick Perry, Governor ofTexas Mr. Ryan Vise, Office ofBudget, Planning and Policy, Office ofthe Governor Mr. Zak Covar, Executive Director, Texas Commission on Environmental QualityTHE STATE: CF lE<AS 

### TEXAS CoMMISSION ON ENVIRONMENTAL QuALITY**colj~rrv** 

### o!' >Rw!::: !**H~r::t.r P-~·**  :/;**~, -~'** **_r...;::-,:~-** ':OJC " 0:'"''''""

ORDERADOPTINGWITHDRAWAL OF RULES FROM CONSIDERATION AS REVISIONS TO THE SIP Docket No. 2013-2092-SIP :l'roject No. 2014-oog-SIP-NR ··.--'
....



### . . --

On December 11, 2013, the Texas Commission on Environmental Quality (Commission) adoptedthe withdrawal ofthe following rules in 30 Texas Administrative Code from consideration bythe United States Environmental Protection Agency (EPA) as revisions to the State Implementation Plan. Chapter 116, Control ofAir Pollution by Permits for New Construction or Modification, Subchapter L, Permits for Specific Designated Facilities, §§ 116.1400, 116.1402, 116.1404, 116.1406, 116.1408, 116.1410, 116.1414, 116.1416, 116.1418, 116.1420, 116.1422, 116.1424, 116.1426 and 116.1428, adopted on February 22, 2006 as Rule Project No. 2005-053-091-PR and submittedto EPA on March 9, 2006; Chapter 39, Public Notice,§§ 39.402(a)(10), 39.419(e)(3), and 39.420(h), adopted on June 2, 2010 as part of Rule Project No. 2010-004-039-LS and submittedto EPA on July 2, 2010; Chapter 101, General Air Quality Rules,§ 101.28, adopted on December 1, 1999 as part of Rule Project No. 99017-101-AI and submittedto EPA on December 17, 1999; Chapter 122, Federal Operating Permits Program, §§ 122.215, and 122.218, adopted May 9, 2001 as part ofRule Project No. 2000-043-122-AI and submittedto EPA October 4, 2001; Chapter 122, Federal Operating Permits Program, § 122.216, amended May 9, 2001 as part ofRule Project No. 2000-043-122-AI and submitted to EPA October 4, 2001;and Chapter 122, Federal Operating Permits Program, § 122.217, as amended on November 20, 2002 as part of Rule Project No. 2002-043-122-AI and submittedto EPA on August 11, 2003. IT IS THEREFORE ORDERED BY THE COMMISSION that these rules are hereby withdrawn from submission to EPA. The submitted rules and accompanying.·.

### '<iqe4i:tl~rtts i:b,at were submittedto EPA, including the preambles to the rules, are ''··**i!lqovpo;r~i~dby** reference in this Order as ifset forth atlengthverbatim inthis Order.

'.'

..; \ .**:~_r.** .



# .; '<\) (**~~)Qrder** constitutes the Order ofthe Commission requiredby the**idmi.ri}?t~ative** Procedure Act, Government Code, § 2001.033. ' ' I ,' . ' """'' ,( 'rfany portion ofthis Order is for any reason heldto be invalidby a court of competentjurisdiction, the invalidity ofany portion shall not affect the validity ofthe remaining portions.

Date Issued: 

# DEC 1 32013 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY