Bryan W. 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 by Reducing and Preventing Pollution 

91 7108 2133 3935 1971 0458 

December 23, 2013 

Mr. Ron Curry 

Regional Administrator 

U.S. Environmental Protection Agency- 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 of Certain 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 withdraw certain rules from consideration by the United States Environmental Protection 

Agency (EPA) as revisions to the State Implementation Plan. EPA proposed approval of these 

rules by notice in the Federal Register by 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 part of Rule Project No. 99017-101-AI and 

submitted to EPA on December 17, 1999; Chapter 122, Federal Operating Permits Program, 

§§ 122.215, and 122.218, adopted May 9, 2001 as part of Rule Project No. 2000-043-122-AI 

and submitted to EPA October 4, 2001; Chapter 122, Federal Operating Permits Program, § 

122.216, amended May 9, 2001 as part of Ruie 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 submitted 

to EPA on August 11, 2003. 

We understand that EPA must meet a deadline of December 31, 2013, for final action on these 

rules. This withdrawal removes these ruies from your consideration at this time. 

P.O. Box 13087 • Austin, Texas 78711·3087 • 512-239·1000 • tceq.teJ<as.gov 

Howls our customer service? tceq.texas.govjcustomersurrey 
Docket No. 2013-2092-SIP 

Rule Project No. 2014-009-SIP-NR 

Mr. Ron Curry 

Page 2 

We understand that EPA must meet a deadline of December 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 of Texas 

Mr. Ryan Vise, Office of Budget, Planning and Policy, Office ofthe Governor 

Mr. Zak Covar, Executive Director, Texas Commission on Environmental Quality 
THE STATE: CF lE<AS 

TEXAS CoMMISSION ON ENVIRONMENTAL QuALITY colj~rrv o!' >Rw!::: ! H~r::t.r P-~· :/; ~, -~' _r...;::-,:~- ':OJC " 0 :'"'''' "" 

ORDER ADOPTING WITHDRAWAL 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) adopted the withdrawal of the following rules in 30 Texas Administrative 

Code from consideration by the United States Environmental Protection Agency (EPA) 

as revisions to the State Implementation Plan. 

Chapter 116, Control of Air 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 submitted to 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 submitted to 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 submitted to EPA on December 17, 1999; 

Chapter 122, Federal Operating Permits Program, §§ 122.215, and 122.218, 

adopted May 9, 2001 as part of Rule Project No. 2000-043-122-AI and submitted to EPA 

October 4, 2001; 

Chapter 122, Federal Operating Permits Program, § 122.216, amended May 9, 

2001 as part of Rule 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 submitted to 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 submitted to EPA, including the preambles to the rules, are 

'' ·· i!lqovpo;r~i~dby reference in this Order as if set forth at length verbatim in this Order. 

'.' .. ; \ . :~_r. . 

. ; '<\) ( ~~)Qrder constitutes the Order of the Commission required by the 

idmi.ri}?t~ative Procedure Act, Government Code, § 2001.033. ' ' I ,' . ' 

"""'' ,( 

'rfany portion of this Order is for any reason held to be invalid by a court of 

competent jurisdiction, the invalidity of any portion shall not affect the validity of the 

remaining portions. 

Date Issued: DEC 1 3 2013 

TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY