Bryan W. Shaw, Ph.D., Chairman 

Buddy Garcia, Commissioner 

Carlos Rubinstein, Commissioner 

Mark R. Vickery, P.G., Executive Director 10SEP-8 AM8:48 

TEXAS CoMMISSION oN ENVIRONMENTAL QuALITY 

Protecting Texas by Reducing and Preventing Pollution 

August 31,2010 

Al Armendariz, Ph.D., Regional Administrator 

U.S. Environmental Protection Agency- Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Dr. Armendariz: 

Docket No. 2009-1258-SIP 

On July 28, 2010, the Texas Commission on Environmental Quality (Commission) adopted revisions to the 

State Implementation Plan (SIP) for the control of ozone air pollution for Victoria County. 

The Commission adopted the Contingency Plan Revision to the 1997 Eight-Hour Ozone Maintenance Plan for 

the Victoria County Ozone Attainment Area. This revision provides a revised contingency plan that includes 

clearly identified potential contingency measures to be implemented in the event Victoria County violates the 

1997 eight-hour ozone National Ambient Air Quality Standard. 

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record of the public 

hearing, and the accompanying order. I look forward to your expeditious approval of these SIP revisions. 

BWS/hb 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Toby Baker, Office ofBudget, Planning and Policy, Office ofthe Governor 

Mr. Mark R. Vickery, P.G., Executive Director, Texas Commission on Environmental Quality 

P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us 
TExAs CoMMISSION oN ENVIRONMENTAL QuALITY 

THE STATE OF TEXAS 

COUNTY OF TRAVIS 

This is to certify that the attached are true and correct copies of documents for a revision to the Texas 

State Implementation Plan, adopted on July 28, 2010, pursuant to 40 Code of Federal Regulations (C.P.R.) § 

51.104. I am the records administrator for the Air Quality Division of the Texas Commission on Environmental 

Quality (Commission). 

David ~~ r, Director 

Air Quality Division 

Texas Commission on Environmental Quality 
Texas Commission on Environmental Quality 

Public Hearing 

February 23, 2010 

Concerning Contingency Plan Revision to the 

1997 Eight-Hour Ozone Maintenance Plan 

for the Victoria County Ozone Attainment Area 

Project No. 2009-033-SIP-NR 
INTRODUCfiON 

The Texas Commission on Environmental Quality (commission) held a public hearing in Victoria on 

February 23, 2010, to receive testimony regarding revisions to the state implementation plan (SIP) 

concerning the Contingency Plan Revision to the 1997 Eight-Hour Ozone Maintenance Plan for the 

Victoria County Ozone Attainment Area. 

This SIP revision provides a revised contingency plan that includes clearly identified potential 

contingency measures to be implemented in the event Victoria County violates the 1997 eight-hour 

ozone National Ambient Air Quality Standard. 

The comment period closed on March 1, 2010. All testimony and comments have been reviewed and 

seriously considered. This hearing record contains a complete record of the public hearing and is 

divided into the following four sections: 

o Public Notification and Proposal 

o Written and Oral Testimony 

o Evaluation ofTestimony 

o Staff Recommendations/Order 

Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park 35 

Circle, Austin, Texas 78753. For further information, please contact Holly Brightwell at (512) 239-

4905. 
PUBLIC 

NOTIFICATION AND 

PROPOSAL 
PUBLIC NOTIFICATION 

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

1. Publication of notice of public hearing in the following newspapers on the date listed: 

Victoria Advocate, January 21, 2010 

2. Publication ofthe public hearing notice in the January 21, 2010, issue ofthe Texas Register (35 

TexReg 685). 

3. Correspondence forwarding the notice of public hearings to the following officials and agencies: 

Speaker of the House 

Lieutenant Governor 

Alamo Area Council of Governments 

Capital Area Planning Council 

City of Dallas, Department of Environmental and Health Services 

City of Dallas, Department of Aviation 

City of El Paso, Environmental Services 

City of Fort Worth, Environmental Management Department 

City of Houston, Department of Health and Human Services 

City of Victoria, Mayor's Office 

East Texas Council of Governments 

El Paso Metropolitan Planning Organization 

Federal Highway Administration 

Galveston County Health District 

Harris County Public Health and Environm'ental Services 
North Central Texas Council of Governments 

Houston-Galveston Area Council 

South East Texas Regional Planning Commission 

Texas Department of Transportation 

Victoria County Judge 

Victoria Metropolitan Planning Organization 

Arkansas Department of Pollution Control and Ecology 

Louisiana Department of Environmental Quality 

New Mexico Environmental Department 

Oklahoma Department of Environmental Quality 

United States Environmental Protection Agency 
Example of Newspaper Classified Ad 

Victoria Advocate, January 21, 2010 

NOTICE OF 

PUBLIC HEARING BY 

TliE TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY 

ON PROPOSED REVISIONS 

TO THE STATE 

IMPLEMENTATION PLAN 

The TIIXIIB Commlaalon on Environmental Quality (TCEQ) will 

conduct a Pllbllc hearing to re- ceive comments concerning re- visions to lhe state imPlementation plan (SIP), under the re- quirements of Texas Health and 

Safety Code, §382.D12 and 

§382.013; and 40 Code of Federal Regulations §51.1 02 of the 

Untied S1ates Environmental 

Protection Agency ragulations 

concemlng SIPs. 

The proposed revision would lncorporale a plan for mainte- nance of the 19!17 Bight-hour 

ozone National Andllenl Air 

Quality Standard (NAAQS) In 

Victoria County. The propoaal 

contains a I'IIYiaed contlngancy measuras plan that includa& 

three volunlaly contingency measures that are triggered prior ID a violation of the 19!17 

sight-hour ozone NAAQS, and a tourth contingency maasure triggal'lld upon violalion of the 19!17 

eight-hour ozone NAAQS. This 

tourth contingency measure pro. 

vidas a 1st 01 potBntial rules the 

TCEQ may adoPt and ~ 

rnant; the rules consldenld indude but are not lmitad ID: 30 

Texas Admin~Slndiva Code 

Cllaplar 114 rule for TIIXIIB ~ 

Emission Oiaael; Chaplar 115 

volallle organic compound rules; 

and Chaplar 117 nitrogen oxide& 

rule. 

A public hearing on this proposal 

wiU be held in Victoria, Taxas, on February 23, 201 o, at 6:00 

p.m., a1 700 North Main, Room 204. The t.artng will be stnJc.. 

tul'lld for the reoaipt of oral or writlan comments by lnlellllltad 

parsons. Individuals may prasant oral slalal'T18111s when called 

upon In order of registration. 

There will be no opan discuaaion 

during the hearing; however, 

TCEQ staff will be available to 

discuss the proposal 30 rninutas 

prior to the hearing. 

Parsons who have special com- munication or othar accornrnoaation needs who are planning to atlllnd the t.aring should contact Holly Brightwell with the 

Air Quality Division at (512) 2311-

4905. Raque&IB should be 

made as tar in advanoa as possible. 

Comments may be submlttad to 

Holly Brightwell, MC 206, Air 

Quality Division, Chief Engt.. 

near's Olllca, Taxas ConmissiOn on Environmental Quality, 

P.O. Box 13087, Austin, TIIXIIB 

78711-3067, or taxed to (512) 

239-5687. Electronic comments may be subnitted at WWWS.tceQ.slate.tx.us/ruleslaco 

mmanl8f. File size restrictions 

may apply to commants being 

submitted vie the eComrnents 

system. All commaniS parlalning to the VIctoria County Contingency Plan SIP revision 

shoUld reference ProjeCt Number 2009-033-SIP·NR. The comment pariod dosas on March 1, 2010. Capias of the proposed SIP revision can be obtained from the TCEQ's Web 

Bile at http://www.tceq.state.tx.us/imple 

mentetionlalr/sipMc.html. For 

further Information, please con- tact Holly BrightwBIJ, Air Quality 

Planning SecUon, (512) 2311-

4905. 

Issued in Austin, Texas, on January 13, 2010. 

(042) 
TExAs CoMMISSION oN ENVIRONMENTAL QuALITY 

NOTICE OF PUBLIC HEARING BY THE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

ON PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN 

The Texas Commission on Environmental Quality (TCEQ) will conduct a public hearing to receive comments 

concerning revisions to the state implementation plan (SIP), under the requirements of Texas Health and Safety 

Code, §382.012 and §382.013; and 40 Code of Federal Regulations §51.102 of the United States Environmental 

Protection Agency regulations concerning SIPs. 

The proposed revision would incorporate a plan for maintenance of the 1997 eight-hour ozone National 

Ambient Air Quality Standard (NAAQS) in Victoria County. The proposal contains a revised contingency 

measures plan that includes three voluntary contingency measures that are triggered prior to a violation of the 

1997 eight-hour ozone NAAQS, and a fourth contingency measure triggered upon violation of the 1997 eighthour ozone NAAQS. This fourth contingency measure provides a list of potential rules the TCEQ may adopt 

and implement; the rules considered include but are not limited to: 30 Texas Administrative Code Chapter 114 

rule for Texas Low Emission Diesel; Chapter 115 volatile organic compound rules; and Chapter 117 nitrogen 

oxides rule. 

A public hearing on this proposal will be held in Victoria, Texas, on February 23, 2010, at 6:00p.m., at 700 

North Main, Room 204. The hearing will be structured for the receipt of oral or written comments by interested 

persons. Individuals may present oral statements when called upon in order of registration. There will be no 

open discussion during the hearing; however, TCEQ staff will be available to discuss the proposal 30 minutes 

prior to the hearing. 

Persons who have special communication or other accommodation needs who are planning to attend the hearing 

should contact Holly Brightwell with the Air Quality Division at (512) 239-4905. Requests should be made as 

far in advance as possible. 

Comments may be submitted to Holly Brightwell, MC 206, Air Quality Division, Chief Engineer's Office, 

Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 

239-5687. Electronic comments may be submitted at www5.tceq.state.tx.us/rules/ecomments/. File size 

restrictions may apply to comments being submitted via the eComments system. All comments pertaining to the 

Victoria County Contingency Plan SIP revision should reference Project Number 2009-033-SIP-NR. The 

comment period closes on March 1, 2010. Copies of the proposed SIP revision can be obtained from the 

TCEQ's Web site at http://www.tceq.state.tx.uslimplementationlairlsiplvic.html. For further information, please 

contact Holly Brightwell, Air Quality Planning Section, (512) 239-4905. 

Issued in Austin, Texas, on January 13, 2010. 
statements when called upon in order of registration. A time limit may 

be established to assure enough tijne is allowed for every interested 

person to speak. There will be no ~pen discussion during the hearing; 

however, commission staff members will be available for discussion 

30 minutes prior to the hearing an' will answer questions before and 

after the hearing. 

Persons planning to attend the he ing, who have special communication or other accommodation ne ds, should contact Charlotte Hom, 

Office of Legal Services at (512) 2 9-0779. Requests should be made 

as far in advance as possible. 

Comments may be submitted to Michael Parrish, MC 205, Office of Legal Services, Texas Commission on Environmental 

Quality, P.O. Box 13087, Aust n, Texas 787ll-3087, or faxed 

to (512) 239-4808. Electronic comments may be submitted at 

http://www5.tceq.state.tx.uslru/es!. comments. File size restrictions 

may apply to comments submitted ough the eComments system. All 

comments should reference Rule oject Number 2009-041-290-0W. 

The comment period closes March I, 20 l 0. To view rules, please visit 

http://www.tceq.state.tx.us/navlrul slpropose_adopt.htm/. For further 

information or questions conce ing this proposal, please contact 

Cindy Haynie, Public Drinking Wa er Section, Water Supply Division, 

at (5 12) 239-3465. 

TRD-201 000171 

Robert Martinez 

Director, Environmental Law Divisi 

Texas Commission on Environmen 

Filed: January 15, 2010 

• • 

Notice of a Public Hearing on roposed Revisions to 30 TAC 

Chapter 291 

The Texas Commission on Enviro 

conduct a public hearing to receiv 

visions to 30 Texas Administrativ 

Regulations. 

ental Quality (commission) will 

testimony regarding proposed reCode (TAC) Chapter 291, Utility 

The proposed rulemaking would · plement House Bill 1295 from the 

81 st Legislature, 2009, Regular S ssion, regarding notice for an application made to the commission o obtain or amend a Certificate of 

Convenience and Necessity. The atute requires that notice be given 

to each county and groundwater c servation district that is wholly or 

partially included in the area to b certificated. The proposed rulemaking would also implement Se ate Bill 2126 from the 8lst Legislature, 2009, Regular Session, to low owners or managers of apartment houses to add up to a nine per ent service charge to the water and 

wastewater portions of the tenant ' utility bills in submetered apartment dwelling units. 

A public hearing on this proposal ill be held in Austin on February 

22, 20 l 0, at 2:00 p.m. in Building , Room 20 l S, at the commission's 

central office located at 12100 P k 35 Circle. The hearing will be 

structured for the receipt of oral r written comments. Registration 

begins 30 minutes prior to the he · g. Individuals may present oral 

statements when called upon in or r of registration. A time limit may 

be established to assure enough ti e is allowed for every interested 

person to speak. There will be no pen discussion during the hearing; 

however, commission staff memb rs will be available for discussion 

30 minutes prior to the hearing an will answer questions before and 

after the hearing. 

Persons planning to attend the he 'ng, who have special communication or other accommodation ne ds, should contact Charlotte Horn, 

Office of Legal Services at (512) 2 9-0779. Requests should be made 

as far in advance as possible. 

Comments may be submitted to Michael Parrish, MC 205, Office of Legal Services, Texas Commission on Environmental 

Quality, P.O. Box 13087, Aust n, Texas 787ll-3087, or faxed 

to (512) 239-4808. Electronic comments may be submitted at 

http://www5.tceq.state.tx.uslru/es!. comments. File size restrictions 

may apply to comments submitted ough the eComments system. All 

comments should reference Rule oject Number 2009-039-291-0W. 

The comment period closes March l, 2010. To view rules, please visit 

http:/!WWW.tceq.state.tx.uslnav!rul slpropose _adopt.htm/. For further 

information or questions concern' g this proposal, please contact Ms. 

Tammy Benter, Utilities & Distric s Section, Water Supply Division, 

at (512) 239-6136. 

TRD-201000162 

Robert Martinez 

Director, Environmental Law Divisi n 

Texas Commission on Environmen I Quality 

Filed: January 15, 2010 

• • 

Notice of Public Hearing on Proposed Revisions to the State 

Implementation Plan 

The Texas Commission on Environmental Quality (TCEQ) will conduct a public hearing to receive comments concerning revisions to 

the state implementation plan (SIP), under the requirements of Texas 

Health and Safety Code, §382.012 and §382.Ql3; and 40 Code of Federal Regulations § 5 l.l 02 of the United States Environmental Protection Agency regulations concerning SIPs. 

The proposed revision would incorporate a plan for maintenance of 

the 1997 eight-hour ozone National Ambient Air Quality Standard 

(NAAQS) in Victoria County. The proposal contains a revised contingency measures plan that includes three voluntary contingency 

measures that are triggered prior to a violation of the 1997 eight-hour 

ozone NAAQS, and a fourth contingency measure triggered upon violation ofthe 1997 eight-hour ozone NAAQS. This fourth contingency 

measure provides a list of potential rules the TCEQ may adopt and 

implement; the rules considered include but are not limited to: 30 

Texas Administrative Code Chapter 114 rule for Texas Low Emission 

Diesel; Chapter II 5 volatile organic compound rules; and Chapter 117 

nitrogen oxides rule. 

A public hearing on this proposal will be held in Victoria, Texas, on 

February 23, 2010, at 6:00p.m., at 700 North Main, Room 204. The 

hearing will be structured for the receipt of oral or written comments 

by interested persons. Individuals may present oral statements when 

called upon in order of registration. There will be no open discussion 

during the hearing; however, TCEQ staff will be available to discuss 

the proposal 30 minutes prior to the hearing. 

Persons who have special communication or other accommodation 

needs who are planning to attend the hearing should contact Holly 

Brightwell with the Air Quality Division at (512) 239-4905. Requests 

should be made as far in advance as possible. 

Comments may be submitted to Holly Brightwell, MC 206, Air 

Quality Division, Chief Engineer's Office, Texas Commission on 

Environmental Quality, P.O. Box 13087, Austin, Texas 787ll-3087, 

or faxed to (5 12) 239-5687. Electronic comments may be submitted 

at www5.tceq.state.tx.uslru/eslecommenrs/ File size restrictions may 

apply to comments being submitted via the eComments system. 

All comments pertaining to the Victoria County Contingency Plan 

SIP revision should reference Project Number 2009-033-SIP-NR. 

IN ADDITION January 29, 2010 35 TexReg 685 
The comment period closes on March l, 2010. Copies of the proposed SIP revision can be obtained from the TCEQ's Web site 

at http://www. tceq.state. tx. us/implementationlair/sip/vic.html. For 

further information, please contact Holly Brightwell, Air Quality 

Planning Section, (512) 239-4905. 

TRD-201 000213 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Filed: January 19, 2010 

• 

Notice of Water Quality Applic tions 

• 

The following notice was issued o December 17, 2009 through January 15, 2010. 

The following require the applicant to publish notice in a newspaper. 

Public comments, requests for pub c meetings, or requests for a contested case hearing may be submitt d to the Office of the Chief Clerk, 

Mail Code 105, P.O. Box 13087, A stin, Texas 78711-3087, WITHIN 

30 DAYS OF THE DATE OF NEW PAPER PUBLICATION OF THE 

NOTICE. 

INFORMATION SECTION 

TEXAS MEDICAL CENTER CE TRAL HEATING AND COOLING SERVICES CORPORATION which operates Texas Medical 

Center Central Heating and Cooli Facility, has applied for a minor amendment to Texas Pollutan Discharge Elimination System 

(TPDES) Permit No. WQ0001286 00, to clarify the waste streams 

discharged via Outfall 00 1 and to au orize the discharge of condensate 

polisher wastewater via Outfall 001 The existing permit authorizes 

the discharge of demineralization generation water, cooling tower 

blowdown, boiler blowdown, heat exchanger process water, plant 

floor drains, and storm water runo at a daily average flow not to 

exceed 950,000 gallons per day via utfall 001. The facility is located 

at 1615 Braeswood Boulevard, app oximately 0.25 mile east of the 

intersection of Fannin Street and Br swood Boulevard in the City of 

Houston, Harris County, Texas 7703 . 

UNIMIN CORPORATION, which perates a sand mining and processing operation, has applied for a renewal of TPDES Permit No. 

WQ0001401000, which authorizes discharge of mine seepage and 

storm water via Outfalls 001, 002, an 003 at a daily avery flow not to 

exceed 500,000 gallons per day. The ility is located on County Road 

308 approximately 3/4 miles north o the intersection of County Road 

308 and U.S. Highway 67 in the no east comer, Somervell County, 

Texas 76033. 

SOUTHWESTERN ELECTRIC PO R COMPANY, which operates 

the Lone Star Power Plant, a steam ectric generating plant, has applied for a renewal ofTPDES Permit o. WQ0001464000, which authorizes the discharge of condenser co ling water and previously monitored effluents (low volume wastew r) at a daily average flow not to 

exceed 80,000,000 gallons per day vi Outfall 001. The draft permit 

authorizes non-contact condenser coo ing water and previously monitored effluents (low volume wastewat r) at a daily average flow not to 

exceed 80,000,000 gallons per day vi Outfall 001. The facility is located on State Highway 259, on the eas side of Ellison Creek Reservoir 

approximately 0.5 mile north of the res rvoir dam, one mile west of the 

intersection of State Highway 259 and tate Highway 729, and approximately one mile southwest of the Ci • of Lone Star, Morris County, 

Texas 75668. 

AIR LIQUIDE LARGE INDUS S U.S. L.P. which operates 

Air Liquide Victoria, an atmospheri air separation and cryogenic 

35 TexReg 686 January 29, 2010 Texas Register 

distillation plant, has applied for renewal of TPDES Permit No. 

WQ0003943000, which authorizes the discharge of cooling tower 

blowdown and wash water at a d ily average flow not to exceed 

130,000 gallons per day via Outfall 01. The facility is located on Old 

Bloomington Road between McCoy oad and Black Bayou Road No. 

l, approximately 0.75 miles west of tate Highway 185, southwest of 

the City of Bloomington, Victoria C unty, Texas 77951. 

DIAMOND S CATTLE COMP which proposes to operate a facility that quarries stone, processes e quarried materials into aggregate materials for construction use ith a portable rock crusher, and 

maintains stockpiles of finished lim stone-based aggregate materials 

of various sizes and sand, located eater than one mile from a waterbody, within the water quality pr tection area of the John Graves 

Scenic Waterway, has applied for an w permit, proposed TPDES Permit No. WQ0004878000, to author· the discharge of process wastewater, mine dewatering, storm water sociated with industrial activity, 

construction storm water, and certai non-storm water discharges at a 

daily average flow of effluent that sh ll not exceed 0.0144 million gallons per day (MGD) and a daily m imum flow that shall not exceed 

0.0288 MGD via Outfall 001. The fa ility is located at on the East side 

ofFM 919, approximately 0.5 mile outh of the junction ofFM 919 

and U.S. Highway 180, Palo Pinto C unty, Texas, 76484. 

JOHN BLUDWORTH SHIPYARD, .L.C. which operates John Bludworth Shipyard, has applied for a ne permit, proposed TPDES Permit No. WQ0004889000, to autho · e the discharge of dry dock ballast water and vessel wash water at a aily average flow not to exceed 

33,000 gallons per day via Outfall 0 1; and vessel ballast water, void 

tank water, and ballast and void tank ash water on an intermittent and 

flow variable basis via Outfall 002. e plant site is located approximately 1.98 miles northeast of the in ersection of Up River Road and 

Navigation Boulevard, Nueces Coun , Texas 78403. The Texas Commission on Environmental Quality's TCEQ) Executive Director has 

reviewed this action for consistency ith the Texas Coastal Management Program goals and policies in a cordance with the regulations of 

the Coastal Coordination Council, has determined that the action 

is consistent with the applicable Coa tal Management Program goals 

and policies. 

CITY OF PADUCAH has applied fi a major amendment to TCEQ 

Permit No. WQ00101l2001, to autho · e the construction of new treatment units to replace existing units d to reduce the effluent disposal 

area to 65 acres. The current permit thorizes the disposal of treated 

domestic wastewater at a daily averag flow not to exceed 170,000 gallons per day via surface irrigation of 8 acres of non-public access agricultural land. This permit will not au orize a discharge of pollutants 

into waters in the State. The wastewat r treatment facility and disposal 

site are located approximately two mi es southeast of the City of Paducah on Farm-to-Market Road 1038 · Cottle County, Texas 79248. 

TOWN OF WOODSBORO has applie for a renewal ofTPDES Permit 

No. WQ0010156001 which authorize the discharge of treated domestic wastewater at a daily average flo not to exceed 250,000 gallons 

per day. The facility is located appro imately 1,500 feet south of the 

intersection ofFarm-to-Market Road 1 60 and Churchill Road, and approximately 3 miles southeast of the i tersection of U.S. Highway 77 

and Farm-to-Market Road 2441, sou ast of the Town of Woodsboro 

in Refugio County, Texas 78393. 

CITY OF LOCKHART AND GUAD UPE-BLANCO RIVER AUTHORITY have applied to the TCEQ 

No. WQ0010210001, which authori 

mestic wastewater at an annual ave 

gallons per day. The facility is located 

well County, Texas 78644. 

or a renewal of TPDES Permit 

s the discharge of treated doflow not to exceed 1,100,000 

t 109 Larremore Street in Cald-
REVISIONS TO THE STATE OF TEXAS AIR QUALITY IMPLEMENTATION 

PLAN FOR THE CONTROL OF OZONE AIR POLLUTION 

VICTORIA COUNTY 1997 EIGHT -HOUR OZONE ATTAINMENT AREA 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

P.O. BOX 13087 

AUSTIN, TEXAS 78711-3087 

CONTINGENCY PLAN REVISION TO THE 1997 EIGHT-HOUR OZONE MAINTENANCE 

PLAN FOR THE VICTORIA COUNTY OZONE ATTAINMENT AREA 

PROJECT NUMBER 2009-033-SIP-NR 

Proposal 

January 13, 2010 
EXECUTIVE SUMMARY 

On March 22, 2007, the Texas Commission on Environmental Quality (TCEQ) submitted to the 

United States Environmental Protection Agency (EPA) the Eight-Hour Ozone Maintenance Plan 

for the Victoria County Ozone Attainment Area State Implementation Plan (SIP) Revision as 

required under the Federal Clean Air Act (FCAA), Section llO(a)(l) for the 1997 eight-hour 

ozone standard 1

• 

The Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area SIP 

Revision contains four contingency measures. Three of these are early triggers, which are set in 

place to avoid a violation of the 1997 eight-hour ozone National Ambient Air Quality Standard 

(NAAQS) of0.08 parts per million (ppm). The fourth contingency measure states that ifVictoria 

County monitors a design value (measured as an eight-hour ozone average over a three-year 

period) at or above 85 parts per billion (ppb ), and the TCEQ determines the cause of violation can 

be controlled within state regulatory jurisdiction, the TCEQ will take prompt action to develop 

appropriate measures to bring the three-year average under the standard. 

In early 2009, EPA Region 6 staff informed the TCEQ that to approve the Eight-Hour Ozone 

Maintenance Plan for the Victoria County Ozone Attainment Area SIP Revision, the contingency 

plan must be revised to contain an enforceable commitment to adopt and implement the 

contingency measures once they are triggered. The plan must also clearly identify the measures to 

be adopted and a specific schedule and procedure for adoption and implementation. Although the 

contingency plan is not required to specify exactly which contingency measures will be 

implemented, the potential contingency measures identified in the plan must be specific. The 

Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area SIP 

Revision did not contain a list of specific contingency measures, but rather a commitment to 

identify and develop appropriate regulations to bring the design value below 85 ppb. 

This SIP revision contains a revised contingency plan which fulfills EPA guidance requiring 

Section llO(a)(l) maintenance plan areas to include in the contingency plan an enforceable 

commitment to adopt and implement the contingency measures once triggered, and identify 

measures to be adopted. The current proposed contingency plan includes six 30 Texas 

Administrative Code (TAC) rules the TCEQ may choose to amend should Victoria County 

monitoring data indicate the area has violated the 1997 eight-hour ozone NAAQS. The rules 

listed are included in the Chapter 114 Texas Low Emission Diesel (TxLED) compliant marine 

diesel rule, Chapter 115 volatile organic compounds (VOC) emission controls for storage tanks, 

and Chapter 117 nitrogen oxides (NOx) controls for combustion engines. Those to be considered 

include but are not limited to the control measures identified, as the most appropriate contingency 

measures may be significantly different from the measures mentioned. 

This SIP revision is an amendment to the Eight-Hour Ozone Maintenance Plan for the Victoria 

County Ozone Attainment Area SIP Revision as required by the FCAA and no new control 

strategies have been incorporated into this revision. 

1 Maintenance Plan Guidance Document for Certain 8-hour Ozone Areas Under Section 11 0( a)( 1) of 

Clean Air Act, U.S. EPA, May 20,2005 
SECTION V: LEGAL AUTHORITY 

A. General 

The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, 

maintain, and enforce the National Ambient Air Quality Standards (NAAQS) and to control the 

quality of the state's air, including maintaining adequate visibility. 

The first air pollution control act, known as the Clean Air Act of Texas, was passed by the Texas 

Legislature in 1965. In 1967, the Clean Air Act of Texas was superseded by a more 

comprehensive statute, the Texas Clean Air Act (TCAA), found in Article 4477-5, Vernon's 

Texas Civil Statutes. The legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985, 1987, 

1989, 1991, 1993, 1995, 1997, 1999,2001,2003,2005,2007, and 2009. In 1989, the TCAA was 

codified as Chapter 382 of the Texas Health and Safety Code. 

Originally, the TCAA stated that the Texas Air Control Board (TACB) is the state air pollution 

control agency and is the principal authority in the state on matters relating to the quality of air 

resources. In 1991, the legislature abolished the T ACB effective September I, 1993, and its 

powers, duties, responsibilities, and functions were transferred to the Texas Natural Resource 

Conservation Commission (TNRCC). With the creation of the TNRCC, the authority over air 

quality is found in both the Texas Water Code and the TCAA. Specifically, the authority of the 

TNRCC is found in Chapters 5 and 7. Chapter 5, Subchapters A- F, H- J, and L, include the 

general provisions, organization, and general powers and duties of the TNRCC, and the 

responsibilities and authority of the executive director. This chapter also authorizes the TNRCC 

to implement action when emergency conditions arise and to conduct hearings. Chapter 7 gives 

the TNRCC enforcement authority. In 2001, the 77th Texas Legislature continued the existence 

of the TNRCC until September 1, 2013, and changed the name of the TNRCC to the Texas 

Commission on Environmental Quality (TCEQ). In 2009, the 8lst Texas Legislature, during a 

special session, amended section 5.014 ofthe Texas Water Code, changing the expiration date of 

the TCEQ to September I, 2011, unless continued in existence by the Texas Sunset Act. 

The TCAA specifically 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 general, 

comprehensive plan. The TCAA, Subchapters A - D, also authorize the TCEQ to collect 

information to enable the commission to develop an inventory of emissions; to conduct research 

and investigations; to enter property and examine records; to prescribe monitoring requirements; 

to institute enforcement proceedings; to enter into contracts and execute instruments; to formulate 

rules; to issue orders taking into consideration factors bearing upon health, welfare, social and 

economic factors, and practicability and reasonableness; to conduct hearings; to establish air 

quality control regions; to encourage cooperation with citizens' groups and other agencies and 

political subdivisions of the state as well as with industries and the federal government; and to 

establish and operate a system of permits for construction or modification of facilities. 

Local government authority is found in Subchapter E of the TCAA. Local governments have the 

same power as the TCEQ to enter property and make inspections. They also may make 

recommendations to the commission concerning any action of the TCEQ that affects their 

territorial jurisdiction, may bring enforcement actions, and may execute cooperative agreements 

with the TCEQ or other local governments. In addition, a city or town may enact and enforce 

ordinances for the control and abatement of air pollution not inconsistent with the provisions of 

the TCAA and the rules or orders of the commission. 

ii 
Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and 

maintenance programs in certain areas of the state, consistent with the requirements of the 

Federal Clean Air Act; coordinate with federal, state, and local transportation planning agencies 

to develop and implement transportation programs and measures necessary to attain and maintain 

the NAAQS; establish gasoline volatility and low emission diesel standards; and fund and 

authorize participating counties to implement vehicle repair assistance, retrofit, and accelerated 

vehicle retirement programs. 

B. Applicable Law 

The following statutes and rules provide necessary authority to adopt and implement the state 

implementation plan (SIP). The rules listed below have previously been submitted as part of the 

SIP. 

Statutes 

All sections of each subchapter are included, unless otherwise noted. 

TEXAS HEALTH & SAFETY CODE, Chapter 382 

TEXAS WATER CODE 

Chapter 5: Texas Natural Resource Conservation Commission 

Subchapter A: General Provisions 

September 1, 2009 

September 1, 2009 

Subchapter B: Organization of the Texas Natural Resource Conservation Commission 

Subchapter C: Texas Natural Resource Conservation Commission 

Subchapter D: General Powers and Duties of the Commission 

Subchapter E: Administrative Provisions for Commission 

Subchapter F: Executive Director (except§§ 5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and 

Subchapter H: 

Subchapter 1: 

Subchapter J: 

5.236) 

Delegation of Hearings 

Judicial Review 

Consolidated Permit Processing 

Subchapter L: 

Subchapter M: 

Emergency and Temporary Orders(§§ 5.514, 5.5145, and 5.515 only) 

Environmental Permitting Procedures(§ 5.558 only) 

Chapter 7: Enforcement 

Subchapter A: General Provisions(§§ 7.001, 7.002, 7.0025, 7.004, and 7.005 only) 

Subchapter B: Corrective Action and Injunctive Relief(§ 7.032 only) 

Subchapter C: Administrative Penalties 

SubchapterD: Civil Penalties (except§ 7.109) 

Subchapter E: Criminal Offenses .and Penalties: § § 7.177, 7.179-7.183 

Rules 

All of the following rules are found in 30, Texas Administrative Code, as of the following 

effective dates: 

Chapter 7: Memoranda ofUnderstanding, §§ 7.110 and 7.119 

Chapter 19: Electronic Reporting 

Chapter 35: Subchapters A-C, K: Emergency and Temporary Orders and 

Permits; Temporary Suspension or Amendment of Permit Conditions 

Chapter 39: Public Notice,§§ 39.201; 39.401; 39.403(a) and (b)(8)-(10); 

39.405(f)(1) and (g); 39.409; 39.411 (a), (b)(1)-(6), and (8)-(10) and 

(c)(1)-(6) and (d); 39.413(9), (11), (12), and (14); 39.418(a) and (b)(3) 

and (4); 39.419(a), (b), (d), and (e); 39.420(a), (b) and (c)(3) and (4); 

lll 

May 2, 2002 

March 1, 2007 

July 20, 2006 
39.423 (a) and (b); 39.601-39.605 March 29, 2006 

Chapter 55: Requests for Reconsideration and Contested Case Hearings; 

Public Comment,§§ 55.1; 55.2l(a)- (d), (e)(2), (3), and (12), (f) and 

(g); 55.10l(a), (b), and (c)(6)- (8); 55.103; 55.150; 55.152(a)(l), (2), 

and (6) and (b); 55.154; 55.156; 55.200; 55.20l(a)- (h); 55.203; 

55.205; 55.209, and 55.211 March 29,2006 

Chapter 101: General Air Quality Rules January 1, 2009 

Chapter 106: Permits by Rule, Subchapter A June 30, 2004 

Chapter 111: Control of Air Pollution from Visible Emissions and 

Particulate Matter July 19, 2006 

Chapter 112: Control of Air Pollution from Sulfur Compounds July 16, 1997 

Chapter 113: Standards of Performance for Hazardous Air Pollutants 

and for Designated Facilities and Pollutants May 14, 2009 

Chapter 114: Control of Air Pollution from Motor Vehicles June 26, 2008 

Chapter 115: Control of Air Pollution from Volatile Organic Compounds July 19,2007 

Chapter 116: Permits for New Construction or Modification May 29, 2008 

Chapter 117: Control of Air Pollution by Control of Air Pollution from 

Nitrogen Compounds March 4, 2009 

Chapter 118: Control of Air Pollution Episodes March 5, 2000 

Chapter 122: § 122.122: Potential to Emit December 11, 2002 

Chapter 122: § 122.215: Minor Permit Revisions June 3, 2001 

Chapter 122: § 122.216: Applications for Minor Permit Revisions June 3, 2001 

Chapter 122: § 122.217: Procedures for Minor Permit Revisions December 11, 2002 

Chapter 122: § 122.218 Minor Permit Revision Procedures for Permit 

Revisions Involving the Use of Economic Incentives, Marketable Permits, 

and Emissions Trading June 3, 2001 

iv 
SECTION VI. CONTROL STRATEGY 

A. Introduction (No change) 

B. Ozone (Revised) 

1. Dallas-Fort Worth (No change) 

2. Houston-Galveston-Brazoria (No change) 

3. Beaumont-Port Arthur (No change) 

4. El Paso (No change) 

5. Regional Strategies (No change) 

6. Northeast Texas (No change) 

7. Austin Area (No change) 

8. San Antonio Area (No change) 

9. Victoria Area (Revised) 

Chapter 1 : General (Revised) 

Chapter 2: Attainment Emissions Inventory (No change) 

Chapter 3: Maintenance Demonstration (No change) 

Chapter 4: Monitoring Network (No change) 

Chapter 5: Contingency Plan (Revised) 

C. Particulate Matter (No change) 

D. Carbon Monoxide (No change) 

E. Lead (No change) 

F. Oxides ofNitrogen (No change) 

G. Sulfur Dioxide (No change) 

H. Conformity with the National Ambient Air Quality Standards (No change) 

I. Site Specific (No change) 

J. Mobile Sources Strategies (No change) 

K. Clean Air Interstate Rule (No change) 

L. Transport (No change) 

M. Regional Haze (No change) 

v 
LIST OF ACRONYMS 

CFR --Code of Federal Regulations 

EPA-- United States Environmental Protection Agency 

FCAA --Federal Clean Air Act 

NAAQS -- National Ambient Air Quality Standard 

NOx -- Nitrogen Oxides 

ppb -- Parts Per Billion 

ppm -- Parts Per Million 

psia -- Pounds per Square Inch Absolute 

SIP -- State Implementation Plan 

T AC -- Texas Administrative Code 

T ACB -- Texas Air Control Board 

TCAA -- Texas Clean Air Act 

TCEQ -- Texas Commission on Environmental Quality (commission) 

TNRCC -- Texas Natural Resource Conservation Commission 

TxLED -- Texas Low Emission Diesel 

VOC -- Volatile Organic Compounds 

vi 
TABLE OF CONTENTS 

Executive Summary 

List of Acronyms 

Table of Contents 

List of Appendices 

Chapter 1: General (Revised) 

1.1 Background 

1.2 Introduction 

1.2.1 History 

1.2.1.1 

1.2.1.2 

1.2.1.3 

One-Hour Ozone History in Victoria County 

Eight-Hour Ozone History in Victoria County 

Current Proposed Victoria County Contingency Plan 

1.3 Health Effects 

1.4 Public Hearing Information 

1.5 Social and Economic Consideration 

1.6 Fiscal and Manpower Resources 

Chapter 2: Attainment Emissions Inventory (No change) 

Chapter 3: Maintenance Demonstration (No change) 

Chapter 4: Monitoring Network (No change) 

Chapter 5: Contingency Plan (Revised) 

5.1 Background 

5.2 Contingency Measures and Trigger Levels 

Appendices 

Vll 
APPendix 

A 

LIST OF APPENDICES 

Appendix Name 

City of Victoria Voluntary Control Measures 

viii 
CHAPTER!: GENERAL 

l.lBACKGROUND 

"The History of the Texas State Implementation Plan (SIP)," a comprehensive overview of the 

SIP revisions submitted to the United States Environmental Protection Agency (EPA) by the 

State of Texas, is available at the following Web site: http:llwww.tceq.state.tx.uslimplementationl 

airlsiplsipplans.html. 

1.2 INTRODUCTION 

The history of the Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone 

Attainment Area as well as information regarding the current proposed Contingency Plan 

Revision to the 1997 Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone 

Attainment Area SIP (Victoria County Contingency Plan SIP Revision) are provided. 

1.2.1 History 

1.2.1.1 One-Hour Ozone History in Victoria County 

Victoria County was originally designated nonattainment for exceeding the one-hour ozone 

National Ambient Air Quality Standard (NAAQS) in the Federal Register notice dated March 3, 

1978 (43 FR 8962). This designation was based on six weeks of EPA contractor-collected data at 

two sites from September 24, 1977, through November 7, 1977. The EPA changed the one-hour 

ozone standard to 0.12 parts per million (ppm) in January 1979. Upon reexamination of Victoria 

County ozone data under the new standard, the EPA determined that Victoria County had 

exceeded the new standard on one occasion. 

The 1990 Federal Clean Air Act (FCAA) Amendments authorized the EPA to designate areas 

failing to meet the ozone NAAQS as nonattainment and to classify them according to severity. 

Victoria County was designated as an "Incomplete or No Data Ozone Nonattainment Area" on 

November 15, 1990, and the county retained its prior one-hour ozone nonattainment designation 

by operation of law. The FCAA Amendments required unclassifiable nonattainment areas with 

incomplete or no data to collect three consecutive years of monitored data and to reach attainment 

by November 15, 1995. Victoria County completed three consecutive years of monitoring on 

May 2, 1994, with a design value ofO.IO ppm, below the 0.12 ppm standard. 

On July 27, 1994, the Texas Commission on Environmental Quality (TCEQ) submitted the 

Redesignation Petition and Maintenance Plan for the Victoria County Ozone Nonattainment Area 

to the EPA. On May 8, 1995, the EPA redesignated Victoria County to attainment for the onehour ozone standard. 

The FCAA, Section 175A(b) requires states to submit a subsequent maintenance plan eight years 

after redesignation. The state adopted a second maintenance plan on February 5, 2003, and 

submitted the plan to the EPA on February 18, 2003. The EPA approved the maintenance plan 

revision on January 3, 2005. 

1.2.1.2 1997 Eight-Hour Ozone History in Victoria County 

On April 30, 2004 (69 FR 23858), the EPA designated and classified areas for the 1997 eighthour ozone NAAQS with an effective date of June 15, 2004. Also on April 30, 2004 (69 FR 

23951 ), the EPA published the final Phase I implementation rule of the 1997 eight-hour ozone 

NAAQS. Sections 51.905( c) and (d) of 40 Code of Federal Regulations (CFR) Part 51, Subpart 

X established anti-backsliding requirements as part of that rulemaking. These requirements 

applied to areas, such as Victoria County, designated attainment for both the 1997 eight-hour 

ozone standard and the one-hour ozone standard with an approved one-hour maintenance plan. 

These provisions require affected states to submit a ten-year maintenance plan under Section 

IIO(a)(l) of the FCAA. 

1-1 
1.2.1.3 Current Proposed Victoria County Contingency Plan SIP Revision 

This Victoria County Contingency Plan SIP Revision contains a revised contingency plan that 

fulfills EPA guidance' requiring Section 110(a)(1) maintenance plan areas to include in the 

contingency plan an enforceable commitment to adopt and implement the contingency measures 

once triggered, and identify measures to be adopted. The current proposed contingency plan 

includes six 30 Texas Administrative Code (T AC) rules the state may amend to include Victoria 

County ifmonitoring data indicate the area has violated the 1997 eight-hour ozone NAAQS. The 

rules listed are included in the Chapter 114 Texas Low Emission Diesel (TxLED) rule, Chapter 

115 volatile organic compounds (VOC) emission controls for storage tanks, and Chapter 117 

nitrogen oxides (NOx) controls for combustion engines. 

1.3 HEALTH EFFECTS 

In 1997, the EPA revised the NAAQS for ozone from a one-hour to an eight-hour standard. To 

support the 1997 eight-hour ozone standard, the EPA provided information indicating that health 

effects can occur at levels lower than the previous standard and at exposure times longer than one 

hour. Exposure to ambient ozone can aggravate asthma in some people. Repeated exposures to 

ozone can make people more susceptible to respiratory infection and lung inflammation and can 

aggravate preexisting respiratory diseases, such as bronchitis and emphysema. 

Children are at a relatively higher risk from exposure to ozone when compared to adults, since 

they breathe more air per pound of body weight than adults and because children's respiratory 

systems are still developing. Children also spend a considerable amount of time outdoors during 

summer and during the start of the school year (August - October) when high ozone levels are 

typically recorded. Adults most at risk to ozone exposure are people working or exercising 

outdoors and individuals with preexisting respiratory diseases. 

1.4 PUBLIC HEARING INFORMATION 

The commission will hold a public hearing at the following time and location: 

DATE TIME LOCATION 

February 23, 2010 6:00p.m. 700 North Main, Room 204, Victoria, Texas, 77901 

The public comment period will open January 20, 2010, and close March 1, 2010. Written 

comments will be accepted via mail, fax, or through the eComments system. All comments 

should reference the "Victoria County Contingency Plan SIP Revision" and Project Number 

2009-033-SIP-NR. Comments may be submitted to C. Holly Brightwell, MC 206, State 

Implementation Plan Team, Chief Engineer's Office, Texas Commission on Environmental 

Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-5687 (Attn. C. Holly 

Brightwell). Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ 

ecomments. File size restrictions may apply to comments being submitted through the 

eComments system. Comments must be received by February 26, 2010. 

'Maintenance Plan Guidance Document for Certain 8-hour Ozone Areas Under Section 1 JO(a)(J) of Clean 

Air Act, U.S. EPA, May 20,2005 

1-2 
1.5 SOCIAL AND ECONOMIC CON SID ERA TIONS 

This revision is a continuation of the existing maintenance plan as required by the FCAA and no 

new control strategies have been incorporated into this revision. There are no additional social or 

economic costs associated with this revision. 

1.6 FISCAL AND MANPOWER RESOURCES 

The state has determined that its fiscal and manpower resources are adequate and will not be 

adversely affected through implementation ofthis plan. 

1-3 
CHAPTER 2: ATTAINMENT EMISSIONS INVENTORY 

(No Change) 

2-1 
CHAPTER 3: MAINTENANCE DEMONSTRATION 

(No Change) 

3-1 
CHAPTER 4: MONITORING NETWORK 

(No Change) 

4-1 
CHAPTERS: CONTINGENCYPLAN 

5.1 BACKGROUND 

The United States Environmental Protection Agency's (EPA) Phase 1 implementation rule for the 

1997 eight-hour ozone standard requires that Section llO(a)(l) maintenance plans include 

contingency provisions to promptly correct an exceedance of the National Ambient Air Quality 

Standard (NAAQS) for ozone. 

5.2 CONTINGENCY MEASURES AND TRIGGER LEVELS 

If Victoria County monitors a three-year eight-hour ozone average at or above 82 parts per billion 

(ppb ), the City of Victoria will institute a voluntary program with industry to reschedule, revise, 

or curtail activities during Ozone Advisory Days, which are EPA's AIRNow Air Index Quality 

"Orange Days", and are at or above 76 ppb. This program will be developed and available within 

30 days after notification by the TCEQ that the contingency measure will be required. This 

program will be implemented as expeditiously as practicable, but no later than 24 months after 

the Texas Commission on Environmental Quality's (TCEQ) notification that the contingency 

measure is needed. 

If Victoria County monitors an eight-hour ozone three-year average at or above 83 ppb, the 

TCEQ will work with the City of Victoria and the local Air Victoria Team to implement various 

voluntary control measures that may include: 

substantially increasing the number of businesses notified on Ozone Advisory Days; 

increasing the number of ozone public announcements; and 

other voluntary control measures as identified in a letter from the City of Victoria, dated 

September 8, 2009 (Appendix A: City of Victoria Voluntary Control Measures). 

In the event that this contingency measure is triggered, Victoria County may also be expected to 

voluntarily implement further local control measures, and previous efforts to reduce ozone may 

need to be retained. This program will be developed and available within 30 days after 

notification by the TCEQ that the contingency measure will be required. This program will be 

implemented as expeditiously as practicable, but no later than 24 months after verified monitoring 

data indicate that the Victoria County three-year average of each annual fourth-highest daily 

maximum eight-hour ozone average is at or above 83 ppb. 

If air quality monitoring data indicate three or more exceedances of the 1997 eight-hour ozone 

NAAQS (measured at 0.08 parts per million) within one calendar year the TCEQ will analyze air 

quality data, meteorological conditions, transport, and related factors in Victoria County to 

determine the cause of the exceedances. The TCEQ will notify the EPA of its findings. 

If air quality monitoring data indicate that Victoria County's design value violates the 1997 eighthour ozone NAAQS, the TCEQ will implement specific contingency measures to promptly 

correct the violation. Those to be considered include but are not limited to the control measures 

identified below. The most appropriate contingency measures may be significantly different from 

the measures mentioned below due to technological, societal, economic, and political factors that 

are impossible to predict. Contingency measures will be implemented as expeditiously as 

practicable, but no later than 24 months after verified air quality monitoring data indicate that the 

Victoria County three-year average of each annual fourth-highest daily maximum eight-hour 

ozone average violates the 1997 eight-hour ozone NAAQS. 

5-1 
• Revision to 30 Texas Administrative Code (T A C) Chapter 117 Subchapter E, Division 4, to 

control rich-bum, gas-fired, reciprocating internal combustion engines located in Victoria 

County to meet nitrogen oxides (NOx) emission specifications and other requirements to 

reduce NOx emissions and ozone air pollution. 

• Inclusion of Victoria County in 30 TAC Chapter 115 volatile organic compounds (VOC) 

rules for the control of crude and condensate storage tanks at upstream oil and gas exploration 

and production sites or midstream pipeline breakout stations with uncontrolled flash 

emissions greater than 25 tons per year. 

• Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for more stringent controls 

for tank fittings on floating roof tanks, such as slotted guidepoles and other openings in 

internal and external floating roofs. 

• Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules limiting emissions from·· 

landings of floating roofs in floating roof tanks. 

• Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for control of VOC 

emissions from degassing operations for storage tanks with a nominal capacity of 75,000 

gallons or more storing materials with a true vapor pressure greater than 2.6 pounds per 

square inch absolute (psia), or with a nominal capacity of 250,000 gallons or more storing 

materials with a true vapor pressure of 0.5 psia or greater. Degassing vapors from storage 

vessels, transport vessels, and marine vessels would be required to vent to a control device 

until the VOC concentration of the vapors is reduced to less than 34,000 parts per million by 

volume as methane. 

• Inclusion ofVictoria County in 30 TAC Chapter 114 rule for Texas Low Emission Diesel 

(TxLED) compliant marine diesel. 

Texas has the authority to promulgate rules according to Texas Health and Safety Code Section 

382.017 and Texas Water Code Section 5.103. State administrative law requires that proposed 

rules are adopted no more than six months after notice of the proposal is published in the Texas 

Register (see Texas Gov. Code Section 2001.027). The appropriate measures or strategies that 

would reduce the ozone precursor levels to the extent necessary to comply with the 1997 eighthour ozone NAAQS will be adopted (subject to commission approval and opportunity for public 

comment}, submitted, and implemented no later than 24 months following a monitored and 

quality assured violation of the NAAQS. 

5-2 
WRITTEN AND 

ORAL TESTIMONY 
Reference Number 

W-1 

INDEX OF WRITTEN TESTIMONY 

Submitted by 

Law Office of Wendi Hammond, on behalf of KIDS for 

Clean Air; Sustainable Energy and Economic Development 

(SEED) Coalition; Robertson County: Our Land, Our Lives; 

Citizens Opposed to Power Plants (COPPs) for Clean Air; 

Multi-County Coalition; Texans Protecting Our Water, 

Environment and Resources (TPOWER) 
LAW OFFICE OF WENDI HAMMOND 

7325 Augusta Circle 

W-1 

PH: (972) 7 46- 540 

Plano, TX 75025 

Wend.i@TexasEnvironmentalLaw.net FX: (469) 241..()430 

( 

'l 

~ .:: 

March 1, 2010 

VIA: FAX (512) 23~5687 & hty?://wwwS.tceg.state.tx.us/rules/ecomments/ 

Holly Brightwell 1 ·· 

MC206 

Air Quality Division 

Chief Engineer's ce 

Texas Commission n Environmental Quality 

P.O. Box 13087 

Austin, TX78711-3 

RE: 

Dear Ms. Brightwell: 

ct Number 2009-033-SIP-NR; Victoria County Contingency Plan SIP Revision 

Please find attached mments on Project Number 2009-033-SIP-NR, filed on behalf of KIDS for Clean Air; 

Sustainable Energy , _d Economic Development (SEED) Coalition; Robertson County: our Land, Our 

Lives; Citizens Oppo'ed to Power Plants (COPPs) for Clean Air; Multi-County Coalition; Texans Protecting 

Our Water, Environm'eti.t and Resources (TPOWER)". 

Thank you lor your a~n 1o lhis matter. If you have any questions, feel free Ill oontact me. 

Sincerely, 

CC: Certificate of Service for parties to the Coleta Creek Unit 2 PSD permitting action 

Guy Donaldson, EPA Region 6 email: donaldson.guy@epa.gov 

Carrie Page, EPA Region 6 email: paige.carrie@epa.gov 

Jeff Robinson, EPA Region 6 email: robinson.jeffrey@epa.gov 

Stephanie Kordzi, EPA Region 6 email: kordzi.stephanie@epa.gov 
Comments on Project Number 2009-033-SIP-NR; Victoria County Contingency Plan SIP Revision 

Submitted by: 

KIDS for Clean Air 

Sustainable Energy and Economic Development (SEED) Coalition 

Robertson County: our Land, Our Lives 

Citizens Opposed to Power Plants (COPPs) for Clean Air 

Citizens for a Clean Environment 

Multi-County Coalition 

Texans Protecting Our Water, Environment and Resources (TPOWER) 

Commenters support efforts to improve air quality in Texas. While the proposed SIP revision makes some 

significant improvements, they do not go far enough. As noted below, the proposed SIP revision still fails to 

meet minimum requirements of the federal Clean Air Act and EPA rules. 

Request to Extend the Public Comment Period Because 

Attainment Emissions Inventory Not PubliclY Available 

TCEQ should extend the public comment period for a reasonable time period after TCEQ makes 

documents crucial for meaningful public participation and comment available. 

The proposed SIP revision available for public viewing did not contain Chapter 2: Attainment Emissions 

Inventory. Rather, only a general summary of the emission summary from the proposed SIP revision 

adopted by TCEQ on March 7, 2007 was publicly available via the internet. However, this general 

summary did not provide enough information to allow for meaningful public participation and public 

comments. 

Above signed counsel requested to be provided a copy of the point source emissions inventory used for the 

SIP revision; however, counsel was informed by TCEQ staff that the actual emission inventory utilized by 

TCEQ was not readily available. Rather the emission inventory had been revised and updated, and the 

earliest availability of the actual emission inventory utilized would be March 1, 2010- the end of the public 

comment period. As of the drafting of these public comments, counsel has not yet received the inventory. 

The contingency measures and trigger levels are still not practically enforceable. 

TCEQ must provide specific schedules, procedures and time limits for action by TCEQ that triggers the 

contingency measures. Without further specification, the contingency measures fail to be federally 

enforceable. For purposes of illustration, not limitation, the following examples are provided: 

- There is no specific schedule, procedure or time limit for TCEQ to analyze available data regarding 

the air quality, meteorology, transport and related activities in the area to determine the cause of 

three or more 8-hour ozone exceedances within one calendar year. 

- The voluntary contingency measures to be triggered by a monitored 8-hour three-year average at 

or above 82 ppb will not be developed or implemented until 30 days "after notification by TCEQ 

that the contingency measure will be required." There is no specific schedule, procedure or time 

limit for action by TCEQ to make such notification. Also, this contingency measure fails to meet the 

2 
---"··--· 

federal standards for "expeditiously implemented" because the program will only be implemented 

no later than 24 months after the unenforceable TCEQ's notification. 

• The voluntary contingency measures to be triggered by a monitored 8-hour three-year average at 

or above 83 ppb will not be developed or implemented until "after notification by TCEQ that the 

contingency measure will be required." There is no specific schedule, procedure or time limit for 

action by TCEQ to make such notification. Also, this contingency measure fails to meet the federal 

standards for "expeditiously implemented" because the program will only be "expeditiously 

implemented," no later than 24 months after the unenforceable TCEQ's notification. 

The contingency measures to be triggered by a monitored 8-hour three-year average at or above 

85 ppb will not be developed or implemented by TCEQ unless •the TCEQ determines the cause of 

the violation can be controlled within the state's jurisdiction through regulatory actions: There is 

no specifiC schedule, procedure or time limit for action by TCEQ to make such a determination. 

Also, this contingency measure fails to meet the federal standards for "expeditiously implemented" 

because measure will only be" expeditiously implemented" within 24 months after the 

unenforceable TCEQ determination. · 

The contingency measures still fail to ensure that citizens are not exposed 

to unhealthy levels of air pollution. 

TCEQ must consider triggers that will occur prior to a violation of the NAAQS to ensure that citizens are not 

exposed to unhealthy levels of air pollution because State action to adopt and implement contingency 

measures will take some time. Also, this would eliminate the potential for redesignation to nonattainment 

based upon a violation of the NAAQS. 

All of the "early triggered" contingency measures are strictly voluntary, and therefore, provide absolutely no 

assurances that the 8-hour ozone NAAQS will not be violated. In fact, a truly enforceable mechanism will 

not be in place until some unspecified time period after a NAAQS violation has already occurred.1 As 

such, the maintenance plan fails to protect the public from unnecessary exposure to unhealthy levels of air 

pollution. This is exceptionally troubling in light of TCEQ's position in PSD pem1itting actions. 2 

During TCEQ's PSD (prevention of significant deterioration) permitting review, TCEQ has repeatedly taken 

the position that TCEQ only reviews potential ozone emission impacts from proposed PSD major sources 

"through the SIP development process rather than through individual permitting actions."3 This proposed 

maintenance plan is a SIP development process. Therefore according to TCEQ policy, it must consider 

1 See discussion above about a monitored 8-hour three-year average at or above 85 ppb and TCEQ •prompt action" within 24 

months afterTCEQ determines the cause of the violation can be controlled within the state's jurisdiction through regulatory 

actions- a federally unenforceable determination that completely lacks a specific schedule, procedure or time limit. 

2 The Coleto Creek Unit 2 PSD permit application is a pending matter before TCEQ. This SIP revision project 

directly concerns ozone precursor emissions that will result from the Coleto Creek Unit 2 PSD permit application. 

In an abundance of caution, a copy of these comments is being provided to all the parties ofthat case so as to avoid 

any complications with TCEQ's exparte communication rules. 

3 See Attachment 1, an excerpt ofTCEQ's response to public comments regarding the Coleta Creek Unit 2 PSD 

permit application. See also, Attachment 2, an excerpt of the proposal for decision in the same matter. 

3 
these types of emissions in the current maintenance plan to ensure the continued maintenance of the 

ozone standard will not be jeopardized.4 

This maintenance plan, however, does not take into account the ozone precursor emission increases from 

these power plants, much less any other additional major point sources that will impact the air quality 

control region for the Victoria County area. 

TCEQ knows that ozone precursor emissions from major point source located within 200 km of a specified 

area can contribute to ozone problems in that specified area. There are significant point sources located 

immediately outside and upwind of Victoria County. For example, the Coleta Creek, Joslin and Formosa 

plants are located in Goliad and Calhoun counties. All of these sites have existing major point sources and 

have newly issued (or soon to be issued) PSD permits which will significanHy increase regional ozone 

precursor emissions during the 1 0-year maintenance plan period. 

Considering the already known increases in regional major point sources, the trigger for implementation of 

contingency measures should be based upon not only a monitored violation of 8-hour ozone NAAQS, but 

also when the regional area exceeds the precursor emission levels upon which maintenance is based. 

TCEQ must comply with court decisions concerning the 8-hour NAAQS 

TCEQ needs to make sure the maintenance plan complies with all court decisions issued after TCEQ's 

initial adoption of the SIP revision concerning ozone NAAQS or the adoption of EPA's phase I and II 

implementation rules and any guidance. 

4 Commenters remain convinced that TCEQ's position violates the federal Clean J1jr Act (CAA), rules, regulations, current Texas 

State Implementation Plan (SIP), and EPA's repeated comments to TCEQ. 

4 
ATTACHMENT 1 

5 
SOAH DOCKET NO. 582-09-2045 

TCEQ DOCKET NO. 2009-0032-AIR 

APPLICATION BY 

IP A Coleto Creek LLC ., 

Coleto Creek Unit Two 

Fannin, Goliad County 

Air PennitNos. 83778, PSD-TX-1118 

&HAP18 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

BEFORE THE 

STATE OFFICE OF 

ADMINISTRATIVE HEARINGS 

EXECUTIVE DIRECTOR'S RESPONSE TO PUBLIC COMMENT 

6 
Executive Director's Response tQ Comment 

IP A Coleto Creek LLC 

Page 12 

COMMENT 9 (OZONE IMP ACT ANALYSIS): Commenters state a full impacts analysis for 

ozone in the surrounding airsheds is required (Levin and Hammond). Ozone is known to trigger 

asthma attacks and other respiratory symptoms (Levin and Hammond). 

Commenter commented on the inaccuracy ofSche:ffe Point Source Screening Tables and noted that a 

modeling protocol was not submitted by the Applicant (EPA and Hammond). . · 

Commenter states the ozone impacts analysis entitled, ''Estimation of the Potentia1,8-br Ozone 

Impacts Associated with the Proposed IP A Coleto Creek Unit 2 Power Plant'' (Alpine Geophysics, 9 

May 2008) is flawed (Weber). The TCEQ did not audit the photochemical modeling (Levin). The 

ozone modeling is invalid and flawed (Levin). 

RESPONSE 9: The applicant performed an ozone analysis consistent with TCEQ modeling 

guidance in RG-25. The Coleto Creek site is VOC-limited. This analysis did not use the Scheffe 

Method, as this method is not applicable to VOC-limited sources. The Preliminary Detennination · 

Summary (PDS) included th~ TCEQ's review of the Coleto Creek ozone analysis. The following 

information was included in the PDS: ''The ozone analysis conducted by the app~cant shows that 

the project is,Q3'-neUtral. Based on historical analyses using the EKMA model, 03-neutral sources • 

would not be expected to .have a discernible impact on the mSJcimum ozone concentration in an · 

area." 

For NOx-limited sources, the TCEQ will work with the EPA to develop an appropriate modeling 

protocol. From the analysis performed, an increase in ambient ozone would not be expected for the 

area in the vicinity of the site. TCEQ guidance is based on re~ts from the EPA Empirical Kinetic . 

Modeling Approach (EKMA). EPA has relied upon the ozone isopleth diagrams to develop ozone 

control strategies. Numerous studies, · including · gridded photochemical modeling studies, 

substantially agree with EPA's EKMA ozone isopleths. Though EPA relied upon the EKMA ozone 

isopleths ~ a quantitative' way, TCBQ' s guidance is a qualitative analysis for oz6ne. 

Additionally, EPA's current Guideline·on Air Quality Models (40 CFR 51 Appendix W) gives 

guidance on models for estimating ozone impacts in Section 5.2.1. Sections 5.2.1.a and 5.2.1.b both 

refer to more guidance in·the Guidan~ on the Use of Models and Other Analyses in Attainment 

Demonstrations for the 8-hr Ozone NAAQS (Environmental Protection Agency, 2005). The TCEQ 

requested clarification on the applicability of this new guidance to the NSR permitting program. 

EPA's response validated that sections 5 .2.1.a and S .2.1.b do not address nor apply to the NSR 

permitting program. (Sept. 29, 2006 email from Tyler Fox to Dom Ruggeri). Based on the guidance 

and EPA's clarification of the gujdance, there is no requirement forphotocheD:rical modeling or State 

Implementation Plan (SIP) attainment demonstration modeliiig techniques for NSR permitting 

purposes. 

7 
Executive Director's Response to Comment 

IP A Coleto Creek U.C 

Page 13. 

There have been attempts by EPA and others to develop dispersion models that can relate emissions 

from a single source to changes in ozone concentrations. There is currently no model available that 

can provi.de this kind of single source attribution information for ozone. · , , 

Modeling protocol consistent with SIP attainment demonstration is not a requirement of a PSD 

permit; therefore this was not part of this review. The TCEQ welcomes any guidanee from the'EP A 

on developing such a protocol. . 

COMMENT 10 (CUMULATIVE IMPACI'S/OFFSETTING EMISSIONS): Commenters state 

the proposed facility viil1 affect the ability of downwind regions to achieve compliance with. the 

NAAQS, specifically ozone standards and impair the SIP for nonattainment regions (Levin and 

Hammond). Commenter states the application and draft pemrit do not consider cmnulative effects of 

the existing Unit 1 at Coleta Creek or the synergistic effects of multiple pollutants being emitted at 

the same time from the proposed source and existing sources (Hammond). 

Commenter states that the proposed unit will increase the air pollution and affect her property in a 

greater degree (V. <J:utmann). Comm.enter states the plant will have cumulative impacts (G.A. 

Gutmann, Faupel, V. Gutmann, and Huber). 

Commenter states that the applicant has not proposed to offset emissionS by reduc~g emissions at 

the existing Coleta Creek site or by other means (Levin). · 

Commenters question why the existing Coleta Creek Unit 1 is not adding eontrols (Huber, Sherwood 

and G.A. Gutmann). 

8 
ATTACHMENT 2 

Excerpt of Proposal for Decision in the Application of IPA Coleta Creek, LLC for State Air Quality Permit 

83778, PSD-TX-1118 and HAP-18 

9 
SOAR DOCKET NO. !ll-89-lOe 

TCEQ DOCKET NO. ~AIR 

I'ROPOSA.L FOR DJ.CISION 

**** 

P'A.G£101 

ll does appear true. as Citizens contend. that tbe TCEQ Staff did not review any 

information ~caning ozone impacts ~wring in an area. beyond 5 kiloll1Ct.Cr$ from tbe 

mck.414 The TCEQ Staff ooly n:viewed the ozone impact analysl;s that JP A submitted under the 

TCEQ guidelines. h showed that the VOC emissions would be below t 00 tons per year. and 00. 

:fiuthel aoalysis. was required The ED's Mr. Schultz testified that the Commission staff clid not 

review the photochemical :modelins evictcnee submitted b)' lhe Applicant because «here is no 

Qlll'Cnt requirement to JUbmit that type of analysis. 415 

**** 

10 
--·------

CERTIFICATE OF SERVICE 

1 hereby certify that on this the 1st day of March, 2010, a true and correct copy of the foregoing has been 

' sent by u.s. mail, facsimile and/or email to the following: 

Administrative Law Judge Newchurch 

Administrative Law Judge Wilfong 

State Office of Administrative Hearings 

300 West 15111 St. 

Austin, TX 78701 

PH: 512/4754993/ FAX: 512/4754994 

Bill.newchurch@soah.state.tx.us 

richard.wilfong@soah.state.tx.us 

State Office of Administrative Hearings 

Attn: SOAH Docket Clerk 

P.O. Box 13025 

Austin, TX 78711-3025 

PH: 512/4754993/ FAX: 512/4754994 

LaDonna Castanuela 

TCEQ Office of the Chief Clerk; MC 1 05 

P.O. Box 13087 

Austin, TX 78711-3087 

PH: 512/239-3300 I FAX: 512/239-3311 

Ross Henderson 

Booker Harrison 

Executive Director 

Texas Commission on Environmental Quality 

MC-173 

P.O. Box 13087 

Austin, TX 78711-3087 

PH: 512/239-6257/ FAX: 512/239-0626 (Ross) 

PH: 512/239-4113/ FAX: 512/239-0606 (Booker) 

rtlenders@tceq.state.tx.us 

booham@tceq.state. tx.us 

Derek McDonald 

Baker & Botts 

1500 San Jacinto Center 

98 San Jacinto Blvd. 

Austin, TX 78701 

PH: 512/322-2667/ FAX: 512/322-8342 

derek.mcdonald@bakerbotts.com 

Garrett Arthur 

Texas Commission on Environmental Quality 

Office of Public Interest Counsel; MC-175 

P.O. Box 13087 

Austin, TX 78711-3087 

PH: 512/239-5757/ FAX: 512/239-63n 

garthur@tceq .state. tx.us 

Layla Mansuri & Chrissy Mann 

Environmental Integrity Project 

1303 San Antonio St. 

Austin, TX 78701 

PH: (512) 637-94n 

FAX: (512) 548-8019 

lmansuri@environmentalintegrity.org 

cmann@environmentalintegrity.org 

Thomas Weber 

Paul Tough 

McEroy, Sullivan & Miller, LLP 

1201 Spyglass Dr. 

Austin, TX 787 46 

PH: (512) 327-8111 

FAX: (512) 327-6566 

tweber@msmtx.com 

ptough@msmtx.com 
INDEX OF ORAL TESTIMONY 

NO ORAL TESTIMONY WAS RECEIVED PERTAINING TO THIS SIP REVISION. 
Page 1 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

PUBLIC HEARING REGISTRATION 

Location: 700 North Main Room 204, Victoria TX 

Date: February 23, 2010 

Concerning: Victoria County Contingency Plan SIP Revision Project No 2009-033-SIP-NR 

NAME REPRESENTING PRESENTING ORAL TESTIMONY? 

(CIRCLE ONE) 

l}Aw.-U~ ~()~ \Ji~ Yes ~ 

_._b,e_~~ C~; 4') tA~~Y'I-4 Yes@ 

Yes No 

Yes No 

Yes No 
TEXAS CO:MMISSION ON ENVIRONMENTAL QUALITY 

HEARING OFFICER REPORT 

I am the hearing officer assigned to conduct the public hearing regarding Victoria 

County Contingency Plan SIP Revision (Project No. 2009-033-SIP-NR). The proposed 

revision would incorporate a plan for maintenance of the 1997 eight-hour ozone 

National Ambient Air Quality Standard (NAAQS) in Victoria County. The proposal 

contains a revised contingency measures plan that includes three voluntary contingency 

measures that are triggered prior to a violation of the 1997 eight-hour ozone NAAQS, 

and a fourth contingency measure triggered upon violation of the 1997 eight-hour ozone 

NAAQS. This fourth contingency measure provides a list of potential rules the TCEQ 

may adopt and implement; the rules considered include but are not limited to: 30 Texas 

Administrative Code Chapter 114 rule for Texas Low Emission Diesel; Chapter 115 

volatile organic compound rules; and Chapter 11 7 nitrogen oxides rule. 

A public hearing was scheduled for February 23, 2010. 

At 6:00p.m., the room was open, TCEQ staff and a court reporter were present and 

ready to open the hearing for public comment. After waiting for 45 minutes, no one 

had arrived to make comments on the record. Therefore, the public hearing was not 

formally opened for comment and no transcript was prepared. 

Date signed 
EVALUATION OF 

TESTIMONY 
Texas Commission on Environmental Quality INTEROFFICE MEMORANDUM 

To: Commissioners Date: July 9, 2010 

Tbru: LaDonna Castafiuela, Chief Clerk 

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

From: ~usana M. Hildebrand, P .E., Chief Engineer 

Docket No.: 2009-1258-SIP 

Subject: Commission Approval for Adoption of the Contingency Plan Revision to the 1997 EightHour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area State 

Implementation Plan (SIP) 

Project No. 2009-033-SIP-NR 

Background and reasons for the SIP revision: 

In 1990, Victoria County was designated nonattainment for the one-hour ozone National Ambient Air 

Quality Standard (NAAQS). The Texas Natural Resource Conservation Commission, a predecessor agency 

of the Texas Commission on Environmental Quality (TCEQ), submitted a redesignation petition and 

maintenance plan to the United States Environmental Protection Agency (EPA) in 1994, and effective May 

8, 1995, the EPA redesignated Victoria County as attainment for the one-hour ozone NAAQS and approved 

the ten-year maintenance plan. A second one-hour ozone maintenance plan was submitted on February 5, 

2003, as required by the Federal Clean Air Act, Section 175(b), and the EPA approved that plan on.January 

3, 2005. On June 15, 2004, the EPA designated Victoria County attainment for the 1997 eight-hour ozone 

NAAQS. On March 22, 2007, the TCEQ submitted the Eight-Hour Ozone Maintenance Plan for the Victoria 

County Ozone Attainment Area SIP Revision for the 1997 ozone NAAQS (Victoria County 1997 Eight-Hour 

Ozone Maintenance Plan) to the EPA. During calls in early 2009, EPA Region 6 staff communicated to 

TCEQ staff that the Victoria County 1997 Eight-Hour Ozone Maintenance Plan must be revised to include 

specific enforceable measures. 

To meet EPA maintenance plan guidance1 requirements, the TCEQ must amend the contingency measures of 

the Victoria County 1997 Eight-Hour Ozone Maintenance Plan to contain clearly identified and enforceable 

measures based upon triggers occurring on or before a violation of the 1997 eight-hour ozone NAAQS. 

Once triggered, these measures must be adopted and implemented as expeditiously as possible, but no later 

than 24 months. The measures identified in the contingency plan must be specific, but the state need not 

specify which of the measures will be implemented. 

The Victoria County 1997 Eight-Hour Ozone Maintenance Plan included four contingency measures 

consisting of TCEQ and local ozone advisory staff actions triggered upon: ( 1) three or more eight-hour 

exceedances; (2) a design value of 82 parts per billion (ppb); (3) a design value of 83 ppb; and (4) a design 

value of 85 ppb. The plan did not include a commitment to adopt, according to a schedule, any specific 

measures. 

1 Maintenance Plan Guidance Document for Certain 8-hour Ozone Areas Under Section JJO(a)(l) of Clean Air Act, 

U.S. EPA, May 20, 2005 
Commissioners 

Page 2 

July 9, 2010 

Re: Docket No. 2009-1258-SIP 

Scope of the SIP revision: 

A) Summary of what the SIP revision will do: 

The Contingency Plan Revision to the 1997 Eight-Holir Ozone Maintenance Plan for the Victoria County 

Ozone Attainment Area has been revised to contain four contingency measures. Three of these are early 

triggers, which are set in place to avoid a violation of the 1997 eight-hour ozone NAAQS of 0.08 parts per 

million (ppm). The fourth contingency measure states that if Victoria County monitors a design value 

(measured as an eight-hour ozone average over a three-year period) at or above 85 ppb, and the TCEQ 

determines the cause of violation can be controlled within state regulatory jurisdiction, the TCEQ will take 

prompt action to develop appropriate measures to bring the three-year average under the standard. This SIP 

revision addresses the EPA's requirement for specifically identified contingency measures to be 

implemented if Victoria County's design value violates the 1997 eight-hour ozone NAAQS. The 

contingency measures listed in this SIP revision to be considered include, but are not limited to, the measures 

identified below: ·· 

• revision to 30 Texas Administrative Code (TAC) Chapter 117, to control rich-bum, gas-fired, 

reciprocating internal combustion engines located in Victoria County; 

• inclusion of Victoria County in 30 TAC Chapter 115 volatile organic compounds (VOC) rules for 

the control of crude and condensate storage tanks at upstream oil and gas exploration and production 

sites or midstream pipeline breakout stations; 

• inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for more stringent controls for tank 

fittings on floating roof tanks; 

• inclusion ofVictoria County in 30 TAC Chapter 115 VOC rules limiting emissions from landings of 

floating roofs in floating roof tanks; 

• inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for control ofVOC emissions from 

degassing operations for storage tanks; or 

• inclusion of Victoria County in 30 TAC Chapter 114 rule for Texas Low Emission Diesel 

(TxLED)-compliant marine diesel. 

B) Scope required by federal regulations or state statutes: 

The contingency plan must include contingency provisions, as necessary, to promptly correct any violations 

ofthe standard (40 Code ofFederal Regulations (CFR) §51.905 (a)(4)(ii)). 

C) Additional staff recommendations that are not required by federal rule or state statute: 

None. 

Statutory authority: 

The authority to propose and adopt SIP revisions is derived from the following sections of the Texas Health 

and Safety Code, Chapter 382, Texas Clean Air Act (TCAA), §382.002, which provides that the policy and 

purpose of the TCAA is to safeguard the state's air resources from pollution; TCAA, §382.011, which 

authorizes the commission to control the quality of the state's air; and §382.012, which authorizes the 

commission to prepare and develop a general, comprehensive plan for the control of the state's air. This SIP 

revision is required by §110(a)(l) of the Federal Clean Air Act (FCAA) and implementing rules in 40 CFR 

Part 51. 

Phase 1 of the 1997 ozone NAAQS implementation rule, specifically 40 CFR §51.905(a)( 4)(ii), requires 

areas initially designated attainment for the 1997 eight-hour ozone standard and designated attainment for the 

one-hour ozone standard with an approved one-hour maintenance plan, submit a maintenance plan in 

accordance with §110(a)(1) of the FCAA, including contingency measures. Victoria County was designated 
Commissioners 

Page 3 

July 9, 2010 

Re: Docket No. 2009-1258-SIP 

nonattainment for the one-hour ozone standard in 1990 and was redesignated attainment for the one-hour 

ozone standard effective May 8, 1995. 

Effect on the: 

A) Regulated community: 

There are no proposed rulemaking changes associated directly with this SIP revision; however, if the 

contingency measures triggered upon violation of the 1997 eight-hour ozone standard are implemented, rules 

affecting operators of combustion engines, storage tank facilities, and/or operators of marine diesel stations 

may require revision to include Victoria County. If these rules are revised to include Victoria County, 

affected parties may be fiscally impacted by costs associated with implementing the rules in 30 TAC 

Chapters 114, 115, or 117. Contingency measures triggered upon 82 ppb and 83 ppb are voluntary actions 

taken by the City of Victoria and participating businesses. Participating businesses may be asked to curtail 

activities during high ozone days. 

B) Public: 

The public will benefit from continued maintenance of the 1997 eight-hour ozone standard. There will be no 

fiscal impact on the public. 

C) Agency programs: 

This SIP revision will affect the following offices: the Chief Engineer's Office, Office of Permitting and 

Registration, Office of Legal Services, and Office of Compliance and Enforcement. 

Stakeholder meetings: 

Stakeholder meetings were not necessary to support this SIP revision; however, TCEQ staff has been in 

contact with local planning organizations concerning this revision. 

Public comment: 

A public hearing was held on February 23, 2010, at 6:00p.m. at the City ofVictoria's North Main Building. 

A question and answer session was held 30 minutes prior to the hearing. The hearing was not officially 

opened because no party indicated a desire to give comment. 

The public comment period opened January 20, 20 I 0, and was extended from the proposed February 23, 

2010, date to end on March 1, 2010, in order to allow additional time to ensure public notification. Written 

comments were accepted via mail, fax, and through the eComments system. The same comment letter was 

received from Citizens for a Clean Environment; Citizens Opposed to Power Plants for Clean Air; KIDS for 

Clean Air; Multi-County Coalition; Robertson County: Our Land Our Lives; Sustainable Energy and 

Economic Development Coalition; and Texans Protecting Our Water, Environment and Resources. The 

comment submitted concerned the early triggers and implementation schedules. The commenters also 

requested that the TCEQ consider Prevention of Significant Deterioration (PSD) sources in the SIP revision. 

Significant changes from proposal: 

None. 

Potential controversial concerns and legislative interest remaining after proposal and public comment: 

There is no known controversial concern or legislative interest at this time. 

Does this SIP revision affect any current policies or require development of new policies? 

No. 
Commissioners 

Page 4 

July 9, 2010 

Re: Docket No. 2009-1258-SIP 

What are the consequences if this SIP revision does not go forward? Are there alternatives to 

rulemaking? 

If the TCEQ does not submit this SIP revision, the EPA may disapprove the Victoria County 1997 EightHour Ozone Maintenance Plan. Disapproval could lead to federal sanctions, a federal implementation plan, 

or both. The FCAA provides no alternative to a maintenance plan SIP revision. 

Agency contacts: 

Holly Brightwell, Project Manager, 239-4905, Air Quality Division 

John Minter, Staff Attorney, 239-0663, Environmental Law Division 

Attachments 

cc: Chief Clerk, 7 copies 

Executive Director's Office 

Susana M. Hildebrand, P.E. 

Kevin Patteson 

Curtis Seaton 

Daniel Womack 

Office of General Counsel 

Holly Brightwell 
RESPONSE TO COMMENTS RECEIVED REGARDING 

THE CONTINGENCY PLAN REVISION TO THE 1997 

EIGHT-HOUR OZONE MAINTENANCE PLAN FOR THE 

VICTORIA COUNTY OZONE ATT AINEMENT AREA 

STATE IMPLEMENTATION PLAN REVISION 

The commission offered a public hearing in Victoria on February 23,2010, at 6:00p.m. Staff was 

available for a question and answer session which was held 30 minutes prior to the hearing. The 

hearing was not officially opened because no party indicated a desire to provide comment. 

The comment period opened January 20, 2010, and closed March 1, 2010. The commission 

received the same comment letter from: Citizens for a Clean Environment; Citizens Opposed to 

Power Plants (COPPs) for Clean Air; KIDS for Clean Air (KIDS); Multi-County Coalition; 

Robertson County: Our Land Our Lives (Our Land Our Lives); Sustainable Energy and 

Economic Development (SEED) Coalition; and Texans Protecting Our Water, Environment and 

Resources (TPOWER). 

RESPONSE TO COMMENTS 

Citizens for a Clean Environment, COPPs, KIDS, Multi-County Coalition, Our Land Our Lives, 

SEED, and TPOWER requested that the Texas Commission on Environmental Quality (TCEQ) 

extend the public comment period to allow time to comment on the emissions inventory (EI) used 

in the Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area 

(Victoria County 1997 Eight-Hour Ozone Maintenance Plan) submitted to the United States 

Environmental Protection Agency (EPA) in March 2007. The commenters stated that the EI used 

in the Victoria County 1997 Eight-Hour Ozone Maintenance Plan was not made available by the 

March 1, 2010, close of comment period. 

The Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area 

EI was adopted and submitted to the EPA in 2007. No changes to the EI were proposed as 

part of this SIP revision, which only pertains to changes in the contingency measures 

portion of the maintenance plan, and is therefore beyond the scope of this SIP revision. 

The request for the EI was made February 23, 2010, and staff supplied the EI on March 3, 

2010. The commission did not extend the public comment period based on this request, and 

has made no changes in response to this request. 

Citizens for a Clean Environment, COPPs, KIDS, Multi-County Coalition, Our Land Our Lives, 

SEED, and TPOWER observed that contingency measure trigger levels are not practically 

enforceable, stating that contingency measures triggered upon 82 parts per billion (ppb ), 83 ppb, 

and a violation at 85 ppb ofthe 1997 eight-hour ozone National Ambient Air Quality Standard 

(NAAQS) fail to meet federal standards for "expeditiously implemented" because the 

contingency measure will be implemented no later than 24 months after the TCEQ's notification 

that the county has monitored above the relevant trigger. Additionally, the commenters stated 

that contingency measures triggered upon a design value at or above 82 ppb will not be developed 

or implemented until 30 days after notification by the TCEQ that the contingency measure will be 

required, and there is no specific schedule, procedure or time limit for the TCEQ to act upon any 

of the triggers. 
The TCEQ has met every requirement as described in EPA guidance1

• EPA guidance states 

that contingency measure schedules for adoption and implementation should be as 

expeditiously as possible but no later than 24 months. 

EPA guidance requires triggers upon a monitored violation of the 1997 eight-hour ozone 

standard. The SIP revision contains three early triggers that are designed to promptly 

correct an increase in Victoria County's design value prior to an actual violation, as well as 

the required trigger upon a violation of the NAAQS. The Victoria County ozone design 

value continues to trend downward. The Victoria County design value for 2007, 2008, and 

2009 is 65 ppb. 

The TCEQ disagrees with the commenters' interpretation of the implementation of 

contingency upon 82 ppb. The language in the SIP revision specifies that the program will 

be developed and available within 30 days after notification by the TCEQ, not unti130 days 

after notification. The commission has made no changes in response to this request. 

Citizens for a Clean Environment, COPPs, KIDS, Multi-County Coalition, Our Land Our Lives, 

SEED, and TPOWER stated that the contingency measures still fail to ensure that citizens are not 

exposed to unhealthy levels of air pollution because all triggers prior to a violation of the 1997 

eight-hour ozone standard are voluntary, and therefore provide no assurances that the 1997 

NAAQS will not be violated. 

The commenters stated that during TCEQ's Prevention of Significant Deterioration (PSD) 

permitting review, the TCEQ had taken the position that potential ozone emission impacts from 

proposed PSD major sources are reviewed ''through the SIP development process rather than 

through individual permitting actions." The commenters stated that the TCEQ must consider 

these types of emissions during the Contingency Plan Revision to the 1997 Eight-Hour Ozone 

Maintenance Plan for the Victoria County Ozone Attainment Area (Victoria County Contingency 

Plan SIP Revision) development process. 

The commenters stated that precursor emissions from sources in nearby counties can contribute to 

ozone problems in Victoria County, and cited three point sources that have new PSD permits or 

are in the PSD application process. The commenters stated that these sources will increase ozone 

precursor emissions during the maintenance period. 

Additionally, the commenters suggest using a contingency measure trigger based on emission 

levels. 

The TCEQ disagrees with the commenters' assertion that the maintenance plan 

contingency measures must provide assurance that the ozone NAAQS will never be 

violated. Contingency measures are meant to correct a violation, not prevent its 

occurrence. However, though not required under federal rules, the Victoria County 

maintenance plan contains early contingency triggers that could avoid a violation. Two of 

the three early triggers are agreements with the City of Victoria and local businesses. This 

relationship will continue to benefit both the Victoria area and the local air quality. 

The attachment provided by the commenters did not include the text quoted by the 

commenters. The TCEQ reviews potential ozone impacts from PSD major sources through 

the SIP process when projections of future emissions are necessary. Individual permit 

actions may also address potential ozone effects. In fact, the TCEQ response referenced in 

the attachment indicates that an ozone analysis was performed for the application in 

question. This SIP revision applies only to changes to the Contingency Plan portion of the 

Victoria County 1997 Eight-Hour Ozone Maintenance Plan. No changes to emission 

1 Maintenance Plan Guidance Document for Certain 8-hour Ozone Areas Under Section 1 JO(a)(J) of 

Clean Air Act, U.S. EPA, May 20,2005 

2 
projections were proposed in this revision. Therefore, the issue of proposed point source 

emissions is outside the scope of this revision. The commission refers the commenter to the 

maintenance plan submittal to EPA adopted March 7, 2007. That plan addresses future 

emissions, including point sources, for Victoria County as part of the ozone maintenance 

demonstration. 

In accordance with EPA guidance, contingency measures are triggered upon monitored 

data expressed in terms of a design value. Using proposed emission levels for a particular 

point source located outside the plan area, as suggested by the tommenter, is not 

appropriate as a contingency trigger, because it is not based on actual monitoring of the 

airshed. Potential emissions of precursor pollutants outside Victoria County will not 

necessarily equate to a violation or an early trigger of the ozone NAAQS. The previously 

submitted maintenance plan and the present contingency measure revision include an 

emission inventory, monitoring data, growth estimates, a demonstration of maintenance of 

the 1997 eight-hour ozone NAAQS, and measures to avoid or correct a potential violation. 

The commission determines that the Victoria County 1997 Eight-Hour Ozone Maintenance 

Plan along with the Victoria County Contingency Plan SIP Revision meet all FCAA 

requirements for demonstrating maintenance of the 1997 eight-hour ozone NAAQS in 

Victoria County. The commission bas made no changes in response to this request. 

Citizens for a Clean Environment, COPPs, KIDS, Multi-County Coalition, Our Land Our Lives, 

SEED, and TPOWER stated that the TCEQ must comply "with all court decisions issued after 

TCEQ's initial adoption of the SIP revision concerning ozone NAAQS or the adoption of EPA's 

phase I and II implementation rules and any guidance." 

As stated above, the TCEQ previously submitted a maintenance plan in March 2007, and 

with the current revision to Chapter 5: Contingency Plan, all federal SIP requirements are 

satisfied consistent with the relevant guidance. The commission is unaware of- nor did the 

commenters mention - any court decision that specifically changes maintenance plan 

requirements affecting the ability of the EPA to approve the Victoria County Contingency 

Plan SIP Revision. 

3 
STAFF 

RECOMMENDATIONS
REVISIONS TO THE STATE OF TEXAS AIR QUALITY 

IMPLEMENTATION PLAN FOR THE CONTROL OF OZONE 

AIR POLLUTION 

VICTORIA COUNTY 1997 EIGHT-HOUR OZONE 

ATTAINMENT AREA 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

P.O. BOX 13087 

AUSTIN, TEXAS 7871 1-3087 

CONTINGENCY PLAN REVISION TO THE 1997 EIGHTHOUR OZONE MAINTENANCE PLAN FOR THE 

VICTORIA COUNTY OZONE ATTAINMENT AREA 

PROJECT NUMBER 2009-033-SIP-NR 

Adoption 

July 28, 2010 
This page intentionally left blank 
EXECUTfVES~ARY 

On March 22, 2007, the Texas Commission on Environmental Quality (TCEQ) submitted to the 

United States Environmental Protection Agency (EPA) the Eight-Hour Ozone Maintenance Plan 

for the Victoria County Ozone Attainment Area State Implementation Plan (SIP) Revision as 

required under the Federal Clean Air Act (FCAA), Section llO(a)(l) for the 1997 eight-hour 

ozone standard 1

• 

The Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area SIP 

Revision for the 1997 eight-hour standard (Victoria County 1997 Eight-Hour Ozone Maintenance 

Plan) contains four contingency measures. Three of these are early triggers, which are set in 

place to avoid a violation of the 1997 eight-hour ozone National Ambient Air Quality Standard 

(NAAQS) of0.08 parts per million (ppm). The fourth contingency measure states that if Victoria 

County monitors a design value (measured as an eight-hour ozone average over a three-year 

period) at or above 85 parts per billion (ppb ), and the TCEQ determines the cause of violation can 

be controlled within state regulatory jurisdiction, the TCEQ will take prompt action to develop 

appropriate measures to bring the three-year average under the standard. 

In early 2009, EPA Region 6 staff informed the TCEQ that to approve the Victoria County 1997 

Eight-Hour Ozone Maintenance Plan, the contingency plan must be revised to contain an 

enforceable commitment to adopt and implement the contingency measures once they are 

triggered. The plan must also clearly identify the measures to be adopted and a specific schedule 

and procedure for adoption and implementation. Although the contingency plan is not required to 

specify exactly which contingency measures will be implemented, the potential contingency 

measures identified in the plan must be specific. The Victoria County 1997 Eight-Hour Ozone 

Maintenance Plan did not contain a list of specific contingency measures, but rather a 

commitment to identify and develop appropriate regulations to bring the design value below 85 . ppb. 

This SIP revision contains a revised contingency plan which fulfills EPA guidance requiring 

Section llO(a)(l) maintenance plan areas to include in the contingency plan an enforceable 

commitment to adopt and implement the contingency measures once triggered, and identify 

measures to be adopted. The current contingency plan includes six 30 Texas Administrative 

Code (T AC) rules the TCEQ may choose to amend should Victoria County monitoring data 

indicate the area has violated the 1997 eight-hour ozone NAAQS. The rules listed are included in 

the Chapter 114 Texas Low Emission Diesel (TxLED) compliant marine diesel rule, Chapter 115 

volatile organic compounds (VOC) emission controls for storage tanks, and Chapter 117 nitrogen 

oxides (NOx) controls for combustion engines. Those to be considered include but are not 

limited to the control measures identified, as the most appropriate contingency measures may be 

significantly different from the measures mentioned. 

This SIP revision is an amendment to the Victoria County 1997 Eight-Hour Ozone Maintenance 

Plan as required by the FCAA and no new control measures have been incorporated into this 

revision. 

1 Maintenance Plan Guidance Document for Certain 8-hour Ozone Areas Under Section 

1 JO(a)(l) of Clean Air Act, U.S. EPA, May 20,2005 
SECTION V: LEGAL AUTHORITY 

A. General 

The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, 

maintain, and enforce the National Ambient Air Quality Standards (NAAQS) and to control the 

quality of the state's air, including maintaining adequate visibility. 

The first air pollution control act, known as the Clean Air Act of Texas, was passed by the Texas 

Legislature in 1965. In 1967, the Clean Air Act of Texas was superseded by a more 

comprehensive statute, the Texas Clean Air Act (TCAA), found in Article 4477-5, Vernon's 

Texas Civil Statutes. The legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985, 1987, 

1989, 1991, 1993, 1995, 1997, 1999, 2001, 2003, 2005, 2007, and 2009. In 1989, the TCAA was 

codified as Chapter 382 of the Texas Health and Safety Code. 

Originally, the TCAA stated that the Texas Air Control Board (TACB) is the state air pollution 

control agency and is the principal authority in the state on matters relating to the quality of air 

resources. In 1991, the legislature abolished the TACB effective September 1, 1993, and its 

powers, duties, responsibilities, and functions were transferred to the Texas Natural Resource 

Conservation Commission (TNRCC). With the creation of the TNRCC, the authority over air 

quality is found in both the Texas Water Code and the TCAA. Specifically, the authority of the 

TNRCC is found in Chapters 5 and 7. Chapter 5, Subchapters A- F, H- J, and L, include the 

general provisions, organization, and general powers and duties of the TNRCC, and the , 

responsibilities and authority of the executive director. This chapter also authorizes the TNRCC 

to implement action when emergency conditions arise and to conduct hearings. Chapter 7 gives 

the TNRCC enforcement authority. In 2001, the 77th Texas Legislature continued the existence 

of the TNRCC until September 1, 2013, and changed the name of the TNRCC to the Texas 

Commission on Environmental Quality (TCEQ). In 2009, the 81 st Texas Legislature, during a 

special session, amended section 5.014 of the Texas Water Code, changing the expiration date of 

the TCEQ to September 1, 2011, unless continued in existence by the Texas Sunset Act. 

The TCAA specifically 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 general, 

comprehensive plan. The TCAA, Subchapters A - D, also authorize the TCEQ to collect 

information to enable the commission to develop an inventory of emissions; to conduct research 

and investigations; to enter property and examine records; to prescribe monitoring requirements; 

to institute enforcement proceedings; to enter into contracts and execute instruments; to formulate 

rules; to issue orders taking into consideration factors bearing upon health, welfare, social and 

economic factors, and practicability and reasonableness; to conduct hearings; to establish air 

quality control regions; to encourage cooperation with citizens' groups and other agencies and 

political subdivisions of the state as well as with industries and the federal government; and to 

establish and operate a system of permits for construction or modification of facilities. 

Local government authority is found in Subchapter E of the TCAA. Local governments have the 

same power as the TCEQ to enter property and make inspections. They also may make 

recommendations to the commission concerning any action of the TCEQ that affects their 

territorial jurisdiction, may bring enforcement actions, and may execute cooperative agreements 

with the TCEQ or other local governments. In addition, a city or town may enact and enforce 

ordinances for the control and abatement of air pollution not inconsistent with the provisions of 

the TCAA and the rules or orders of the commission. 

Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and 

maintenance programs in certain areas of the state, consistent with the requirements of the 

Federal Clean Air Act; coordinate with federal, state, and local transportation planning agencies 

to develop and implement transportation programs and measures necessary to attain and maintain 

ii 
the NAAQS; establish gasoline volatility and low emission diesel standards; and fund and 

authorize participating counties to implement vehicle repair assistance, retrofit, and accelerated 

vehicle retirement programs. 

B. Applicable Law 

The following statutes and rules provide necessary authority to adopt and implement the state 

implementation plan (SIP). The rules listed below have previously been submitted as part of the 

SIP. 

Statutes 

All sections of each subchapter are included, unless otherwise noted. 

TEXAS HEALTH & SAFETY CODE, Chapter 382 

TEXAS WATER CODE 

Chapter 5: Texas Natural Resource Conservation Commission 

Subchapter A: General Provisions 

September 1, 2009 

September 1, 2009 

Subchapter B: Organization of the Texas Natural Resource Conservation Commission 

Subchapter C: Texas Natural Resource Conservation Commission 

Subchapter D: General Powers and Duties of the Commission 

Subchapter E: Administrative Provisions for Commission 

Subchapter F: Executive Director (except§§ 5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and 

5.236) 

Subchapter H: Delegation of Hearings 

Subchapter 1: Judicial Review 

Subchapter J: Consolidated Permit Processing 

Subchapter L: Emergency and Temporary Orders(§§ 5.514, 5.5145, and 5.515 only) 

Subchapter M: Environmental Permitting Procedures(§ 5.558 only) 

Chapter 7: Enforcement 

Subchapter A: General Provisions(§§ 7.001, 7.002, 7.0025, 7.004, and 7.005 only) 

Subchapter B: Corrective Action and Injunctive Relief(§ 7.032 only) 

Subchapter C: Administrative Penalties 

Subchapter D: Civil Penalties (except § 7.1 09) 

Subchapter E: Criminal Offenses and Penalties: §§ 7.177, 7.179-7.183 

Rules 

All of the following rules are found in 30, Texas Administrative Code, as of the following 

effective dates: 

Chapter 7: Memoranda ofUnderstanding, §§ 7.110 and 7.119 

Chapter 19: Electronic Reporting 

Chapter 35: Subchapters A-C, K: Emergency and Temporary Orders and 

Permits; Temporary Suspension or Amendment of Permit Conditions 

Chapter 39: Public Notice,§§ 39.201; 39.401; 39.403(a) and (b)(8)-(10); 

39.405(f)(l) and (g); 39.409; 39.411 (a), (b)(l)-(6), and (8)-(10) and (c)(l)-

(6) and (d); 39.413(9), (11), (12), and (14); 39.418(a) and (b)(3) and (4); 

39.419(a), (b), (d), and (e); 39.420(a), (b) and (c)(3) and (4); 39.423 (a) and 

(b); 39.601-39.605 

Chapter 55: Requests for Reconsideration and Contested Case Hearings; 

Public Comment,§§ 55.1; 55.2l(a)- (d), (e)(2), (3), and (12), (f) and (g); 

55.10l(a), (b), and (c)(6)- (8); 55.103; 55.150; 55.152(a)(l), (2), and (6) and 

111 

May 2, 2002 

March 1, 2007 

July 20, 2006 

March 29, 2006 
(b); 55.154; 55.156; 55.200; 55.20l(a)- (h); 55.203; 55.205; 55.209, and 

55.221 March 29, 2006 

Chapter 10 1: General Air Quality Rules March 10, 20 10 

Chapter 106: Permits by Rule, Subchapter A June 30, 2004 

Chapter 111: Control of Air Pollution from Visible Emissions and Particulate 

Matter July 19, 2006 

Chapter 112: Control of Air Pollution from Sulfur Compounds July 16, 1997 

Chapter 113: Standards of Performance for Hazardous Air Pollutants and for 

Designated Facilities and Pollutants May 14, 2009 

Chapter 114: Control of Air Pollution from Motor Vehicles June 26, 2008 

Chapter 115: Control of Air Pollution from Volatile Organic Compounds March 10, 2010 

Chapter 116: Permits for New Construction or Modification May 29, 2008 

Chapter 117: Control of Air Pollution by Control of Air Pollution from 

Nitrogen Compounds March 4, 2009 

Chapter 118: Control of Air Pollution Episodes March 5, 2000 

Chapter 122: § 122.122: Potential to Emit December 11, 2002 

Chapter 122: § 122.215: Minor Permit Revisions June 3, 2001 

Chapter 122: § 122.216: Applications for Minor Permit Revisions June 3, 2001 

Chapter 122: § 122.217: Procedures for Minor Permit Revisions December 11, 2002 

Chapter 122: § 122.218 Minor Permit Revision Procedures for Permit 

Revisions Involving the Use of Economic Incentives, Marketable Permits, 

and Emissions Trading June 3, 2001 

iv 
SECTION VI: CONTROL STRATEGY 

A. Introduction (No change) 

B. Ozone (Revised) 

1. Dallas-Fort Worth (No change) 

2. Houston-Galveston-Brazoria (No change) 

3. Beaumont-Port Arthur (No change) 

4. El Paso (No change) 

5. Regional Strategies (No change) 

6. Northeast Texas (No change) 

7. Austin Area (No change) 

8. San Antonio Area (No change) 

9. Victoria Area (Revised) 

Chapter 1: General (Revised) 

Chapter 2: Attainment Emissions Inventory (No change) 

Chapter 3: Maintenance Demonstration (No change) 

Chapter 4: Monitoring Network (No change) 

Chapter 5: Contingency Plan (Revised) 

C. Particulate Matter (No change) 

D. Carbon Monoxide (No change) 

E. Lead (No change) 

F. Oxides ofNitrogen (No change) 

G. Sulfur Dioxide (No change) 

H. Conformity with the National Ambient Air Quality Standards (No change) 

I. Site Specific (No change) 

J. Mobile Sources Strategies (No change) 

K. Clean Air Interstate Rule (No change) 

L. Transport (No change) 

M. Regional Haze (No change) 

v 
CFR 

EPA 

FCAA 

NAAQS 

NOx 

ppb 

ppm 

psi a 

SIP 

TAC 

TACB 

TCAA 

TCEQ 

TNRCC 

TxLED 

voc 

LIST OF ACRONYMS 

Code of Federal Regulations 

United States Environmental Protection Agency 

Federal Clean Air Act 

National Ambient Air Quality Standard 

Nitrogen Oxides 

Parts Per Billion 

Parts Per Million 

Pounds per Square Inch Absolute 

State Implementation Plan 

Texas Administrative Code 

Texas Air Control Board 

Texas Clean Air Act 

Texas Commission on Environmental Quality (commission) 

Texas Natural Resource Conservation Commission 

Texas Low Emission Diesel 

Volatile Organic Compounds 

vi 
TABLE OF CONTENTS 

Executive Summary 

Section V: Legal Authority 

Section VI: Control Strategy 

List of Acronyms 

Table of Contents 

List of Appendices 

Chapter 1: General 

1.1 Background 

1.2 Introduction 

1.2.1 History 

1.2.1.1 One-Hour Ozone History in Victoria County 

1.2.1.2 1997 Eight-Hour Ozone History in Victoria County 

1.2.1.3 Current Victoria County Contingency Plan SIP Revision 

1.3 Health Effects 

1.4 Public Hearing Information 

1.5 Social and Economic Considerations 

1.6 Fiscal and Manpower Resources 

Chapter 2: Attainment Emissions Inventory 

Chapter 3: Maintenance Demonstration 

Chapter 4: Monitoring Network 

Chapter 5: Contingency Plan 

5.1 Background 

5.2 Contingency Measures and Trigger Levels 

Appendices 

vii 
Appendix 

Appendix A 

Appendix B 

LIST OF APPENDICES 

Appendix Name 

City of Victoria Voluntary Control Measures 

Response to Comments 

viii 
CHAPTER!: GENERAL 

1.1 BACKGROUND 

"The History of the Texas State Implementation Plan (SIP)," a comprehensive overview of the 

SIP revisions submitted to the United States Environmental Protection Agency (EPA) by the 

State of Texas, is available at the following Web site: 

http://www. tceg .state. tx. us/implementation/ air/ sip/ sipintro .htrnl. 

1.2 INTRODUCTION 

The history of the Victoria County 1997 Eight-Hour Ozone Maintenance Plan as well as 

information regarding the current Contingency Plan Revision to the 1997 Eight-Hour Ozone 

Maintenance Plan for the Victoria County Ozone Attainment Area SIP (Victoria County 

Contingency Plan SIP Revision) are provided. 

1.2.1 History 

1.2.1.1 One-Hour Ozone History in Victoria County 

Victoria County was originally designated nonattainment for exceeding the one-hour ozone 

National Ambient Air Quality Standard (NAAQS) in the Federal Register notice dated March 3, 

1978 (43 FR 8962). This designation was based on six weeks ofEPA contractor-collected data at 

two sites from September 24, 1977, through November 7, 1977. The EPA revised the one-hour 

ozone standard to 0.12 parts per million (ppm) in January 1979. Upon reexamination of Victoria 

County ozone data under the new standard, the EPA determined that Victoria County had 

exceeded the new standard on one occasion. 

The 1990 Federal Clean Air Act (FCAA) Amendments authorized the EPA to designate areas 

failing to meet the ozone NAAQS as nonattainment and to classify them according to severity. 

Victoria County was designated as an "Incomplete or No Data Ozone Nonattainment Area" on 

November 15, 1990, and the county retained its prior one-hour ozone nonattainment designation 

by operation of law. The FCAA Amendments required unclassifiable nonattainment areas with 

incomplete or no data to collect three consecutive years of monitored data and to reach attainment 

by November 15, 1995. Victoria County completed three consecutive years of monitoring on 

May 2, 1994, with a design value ofO.lO ppm, below the 0.12 ppm standard. 

On July 27, 1994, the Texas Commission on Environmental Quality (TCEQ) submitted the 

Redesignation Petition and Maintenance Plan for the Victoria County Ozone Nonattainment Area 

to the EPA. On May 8, 1995, the EPA redesignated Victoria County to attainment for the onehour ozone standard. 

The FCAA, Section 17 5 A(b) requires states to submit a second maintenance plan eight years after 

redesignation. The state adopted a second maintenance plan on February 5, 2003, and submitted 

the plan to the EPA on February 18, 2003. The EPA approved the maintenance plan revision on 

January 3, 2005. 

In 1997, the one-hour ozone standard was replaced by the more protective eight-hour ozone 

standard. The one-hour standard has been revoked in all areas, although former one-hour ozone 

nonattainment areas such as Victoria County have continuing obligations to comply with the antibacksliding requirements described in 40 Code of Federal Regulations (CFR) 51.905(a). 

1.2.1.2 1997 Eight-Hour Ozone History in Victoria County 

On April 30, 2004 (69 FR 23858), the EPA designated and classified areas for the 1997 eighthour ozone NAAQS with an effective date of June 15, 2004. Also on April 30, 2004 (69 FR 

23951), the EPA published the final Phase 1 implementation rule of the 1997 eight-hour ozone 

NAAQS. Sections 51.905(c) and (d) of 40 CFR Part 51, Subpart X established anti-backsliding 

1-1 
requirements as part of that rulemaking. These requirements applied to areas, such as Victoria 

County, designated attainment for both the 1997 eight-hour ozone standard and the one-hour 

ozone standard with an approved one-hour maintenance plan. These provisions require affected 

states to submit a ten-year maintenance plan under Section llO(a)(l) of the FCAA. 

1.2.1.3 Current Victoria County Contingency Plan SIP Revision 

This Victoria County Contingency Plan SIP Revision contains a revised contingency plan that 

fulfills EPA guidance 1 requiring Section 110(a)(1) maintenance plan areas to include in the 

contingency plan an enforceable commitment to adopt and implement the contingency measures 

once triggered, and identify measures to be adopted. The current contingency plan includes six 

30 Texas Administrative Code (TAC) rules that the state may amend to include Victoria County 

if monitoring data indicate the area has violated the 1997 eight-hour ozone NAAQS. The rules 

listed are included in the Chapter 114 Texas Low Emission Diesel (TxLED) rule, Chapter 115 

volatile organic compounds (VOC) emission controls for storage tanks, and Chapter 117 nitrogen 

oxides (NOx) controls for combustion engines. 

1.3 HEALTH EFFECTS 

In 1997, the EPA revised the NAAQS for ozone from a one-hour to an eight-hour standard. to 

support the 1997 eight -hour ozone standard, the EPA provided information indicating that health 

effects can occur at levels lower than the previous standard and at exposure times longer than one 

hour. High concentrations of one-hour ozone were not shown to correlate well with mortality. 

Exposure to ambient ozone can aggravate asthma in some people. Repeated exposures to ozone 

can make people more susceptible to respiratory infection and lung inflammation and can 

aggravate preexisting respiratory diseases, such as bronchitis and emphysema. 

Children are at a relatively higher risk from exposure to ozone when compared to adults, since 

they breathe more air per pound of body weight than adults and because children's respiratory 

systems are still developing. Children also spend a considerable amount of time outdoors during 

summer and during the start of the school year (August - October) when high ozone levels are 

typically recorded. Adults most at risk to ozone exposure are people working or exercising 

outdoors and individuals with preexisting respiratory diseases. 

1.4 PUBLIC HEARING INFORMATION 

The commission offered a public hearing for the proposed SIP revision on February 23, 2010, at 

6:00p.m. at the City of Victoria's North Main Building. A question and answer session was held 

30 minutes prior to the hearing. The hearing was not officially opened because no party indicated 

a desire to give comment. 

The public comment period opened January 20, 2010, and was extended from the proposed 

February 23, 2010, date to end on March 1, 2010, in order to allow additional time to ensure 

public notification. Written comments were accepted via mail, fax, and through the eComments 

system. The same comment letter was received from Citizens for a Clean Environment; Citizens 

Opposed to Power Plants for Clean Air; KIDS for Clean Air; Multi-County Coalition; Robertson 

County: Our Land Our Lives; Sustainable Energy and Economic Development Coalition; and 

Texans Protecting Our Water, Environment and Resources. A summary of the comment and the 

TCEQ response is provided as part of this SIP revision in Appendix B: Response to Comments. 

An electronic version of this SIP revision can be found on the TCEQ Web site at http://www. 

tceg.state.tx.us/implementation/air/sip/vic.html. 

1

Maintenance Plan Guidance Document for Certain 8-hour Ozone Areas Under Section 1 JO(a)(l) of Clean 

Air Act, U.S. EPA, May 20,2005 

1-2 
1.5 SOCIAL AND ECONOMIC CONSIDERATIONS 

This revision is a continuation of the existing maintenance plan as required by the FCAA and no 

new control strategies have been incorporated into this revision. There are no additional social or 

economic costs associated with this revision. 

1.6 FISCAL AND MANPOWER RESOURCES 

The state has determined that its fiscal and manpower resources are adequate and will not be 

adversely affected through implementation of this plan. 

1-3 
CHAPTER 2: ATTAINMENT EMISSIONS INVENTORY 

(No Change) 

2-1 
CHAPTER 3: MAINTENANCE DEMONSTRATION 

(No Change) 

3-1 
CHAPTER 4: MONITORING NETWORK 

(No Change) 

4-1 
CHAPTER 5: CONTINGENCY PLAN 

5.1 BACKGROUND 

The United States Environmental Protection Agency's (EPA) Phase 1 implementation rule for the 

1997 eight-hour ozone standard requires that Section llO(a)(l) maintenance plans include 

contingency provisions to promptly correct an exceedance of the National Ambient Air Quality 

Standard (NAAQS) for ozone. 

5.2 CONTINGENCY MEASURES AND TRIGGER LEVELS 

If Victoria County monitors a three-year eight-hour ozone average at or above 82 parts per billion 

(ppb), the City of Victoria will institute a voluntary program with industry to reschedule, revise, 

or curtail activities during Ozone Advisory Days, which are EPA's AIRNow Air Quality Index 

"Orange Days," and are at or above 76 ppb. This program will be developed and available within 

30 days after notification by the TCEQ that the contingency measure will be required. This 

program will be implemented as expeditiously as practicable, but no later than 24 months after 

the Texas Commission on Environmental Quality's (TCEQ) notification that the contingency 

measure is needed. 

If Victoria County monitors an eight-hour ozone three-year average at or above 83 ppb, the 

TCEQ will work with the City of Victoria and the local Air Victoria Team to implement various 

voluntary control measures that may include: 

• substantially increasing the number of businesses notified on Ozone Advisory Days; 

• increasing the number of ozone public announcements; and 

• other voluntary control measures as identified in a letter from the City of Victoria, dated 

September 8, 2009 (Appendix A: City of Victoria Voluntary Control Measures). 

In the event that this contingency measure is triggered, Victoria County may also be expected to 

voluntarily implement further local control measures, and previous efforts to reduce ozone may 

need to be retained. This program will be developed and available within 30 days after 

notification by the TCEQ that the contingency measure will be required. This program will be 

implemented as expeditiously as practicable, but no later than 24 months after verified monitoring 

data indicate that the Victoria County three-year average of each annual fourth-highest daily 

maximum eight-hour ozone average is at or above 83 ppb. 

If air quality monitoring data indicate three or more exceedances of the 1997 eight-hour ozone 

NAAQS (measured at 0.08 parts per million) within one calendar year, the TCEQ will analyze air 

quality data, meteorological conditions, transport, and related factors in Victoria County to 

determine the cause of the exceedances. The TCEQ will notify the EPA of its findings. 

If air quality monitoring data indicate that Victoria County's design value violates the 1997 eighthour ozone NAAQS with a monitored value of 85 ppb or above, the TCEQ will implement 

specific contingency measures to promptly correct the violation. Those to be considered include 

but are not limited to the control measures identified below. The most appropriate contingency 

measures may be significantly different from the measures mentioned below due to technological, 

societal, economic, and political factors that are impossible to predict. Contingency measures 

will be implemented as expeditiously as practicable, but no later than 24 months after verified air 

quality monitoring data indicate that the Victoria County three-year average of each annual 

fourth-highest daily maximum eight-hour ozone average violates the 1997 eight-hour ozone 

NAAQS. 

5-l 
• Revision to 30 Texas Administrative Code (TAC) Chapter 117 Subchapter E, Division 4, to 

control rich-bum, gas-fired, reciprocating internal combustion engines located in Victoria 

County to meet nitrogen oxides (NOx) emission specifications and other requirements to 

reduce NOx emissions and ozone air pollution. 

• Inclusion of Victoria County in 30 TAC Chapter 115 volatile organic compounds (VOC) 

rules for the control of crude and condensate storage tanks at upstream oil and gas exploration 

and production sites or midstream pipeline breakout stations with uncontrolled flash 

emissions greater than 25 tons per year. 

• Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for more stringent controls 

for tank fittings on floating roof tanks, such as slotted guidepoles and other openings in 

internal and external floating roofs. 

• Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules limiting emissions from 

landings of floating roofs in floating roof tanks. 

• Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for control ofVOC 

emissions from degassing operations for storage tanks with a nominal capacity of75,000 

gallons or more storing materials with a true vapor pressure greater than 2.6 pounds per 

square inch absolute (psia), or with a nominal capacity of 250,000 gallons or more storing 

materials with a true vapor pressure of0.5 psia or greater. Degassing vapors from storage 

vessels, transport vessels, and marine vessels would be required to vent to a control device 

until the VOC concentration of the vapors is reduced to less than 34,000 parts per million by 

volume as methane. 

• Inclusion of Victoria County in 30 TAC Chapter 114 rule for Texas Low Emission Diesel 

{TxLED) compliant marine diesel. 

Texas has the authority to promulgate rules according to Texas Health and Safety Code Section 

382.017 and Texas Water Code Section 5.103. State administrative law requires that proposed 

rules are adopted no more than six months after notice of the proposal is published in the Texas 

Register (see Texas Gov. Code Section 2001.027). The appropriate measures or strategies that 

would reduce the ozone precursor levels to the extent necessary to comply with the 1997 eighthour ozone NAAQS will be adopted (subject to commission approval and opportunity for public 

comment), submitted, and implemented no later than 24 months following a monitored and 

quality assured violation of the NAAQS. 

5-2 
APPENDIX A 

City of Victoria Voluntary Control Measures 
CIT OF V ICTORIA 

Estahli ·hed I 82-l founded By congress. Repuhhc of Texas, lS3"1 

September 8, 2009 

Holly Brightwell 

E~' tRO'iMEN'f .\L t R\'tCES DI<:P.\RnrEI'i r 

700 Main Ce11ter. Su l~ 108 

Air Quality Planning Staff 

Dear Holly, 

The City of Victoria offers the following voluntary control measures on the Victoria 

maintenance plan: 

Deliverables: 

Deliverables from the Previous Grant Contract under FY 2008-2009 that 'vvill continue through 

2010-2011: 

• Employment of an Education Specialist to act as a resource on environmental education 

for educators and schools in the Victoria area; 

• Air quality cunicula (Andy Airedale) in all third grade classrooms and D1ive Cleru1 

Across Texas in all elementary classrooms in public and plivate schools in Victoria 

County; 

• PowerPoint presentations modified for diverse audiences with accompanying educational 

materials (brochure, collaterals) addressing the subject matters of Air Quality and Health, 

Medical Presentation for Health Care Professionals, Air Friendly Landscaping, Air 

Victoria-Keep It Clean, Air Victoria Team, Blue Sky Initiative Idle Reduction and 

Walking School Bus; 

• Contributions of articles, editmials and photos to the Victoria Advocate newspaper with 

a circulation of 75,000/day and its associated publications; 

• Conduct an ozone season kick off event or campaign; 

• Implementation of the "Statewide Transportation Air Quality Public Outreach and 

Education Program" in partnership with the Texas Transportation Institute, Texas 

Depruiment ofTranspotiation, and Texas Commission on Environmental Quality using 

television spots, billboards, and radio spots to encourage Texans to "Drive Clean across 

Texas" through car-pooling, proper vehicle maintenance and alternative transportation 

options. 

• Employment ofTCEQ's web-based "Today's Air Quality Forecast" extending over four 

days, giving participants more advance notice enabling better planning of ozone action 

day activities on television, radio, newspaper and email blast; 

• Ozone action day messages and Tecommendations on National Weather Service telephone 

recordings, web site, television weather infom1ation channels, and weather radio 

announcements; 

• Continued growth ofthe Air Victoria Team program educating small businesses on 

methods to reduce emissions focusing on mobile sources; 

Po. nox nsa Vlr'TOR1A TEXAS TI902-1758 (3611 ~85 3381 fAX f36l) 485 3385 
CITY OF VICTORJA 

Esfabl1shec.J 182-t Founded By congress, Rcpuhhc of r exas; 1839 

E~ RO ENTAL SER\ c£S F.rARrl\ rE~T 

700 Mam Center, Suite 108 

• Facilitation of an annual Lawn Care Equipment Exchange/purchase incentive event to 

exchange gas powered lawn equipment for electric powered equipment or encourage the 

use of electric powered lawn equipment; 

• Facilitation of an educational booth at major community events with distribution of 

educational materials and public interaction; 

• Maintenance of Stop at the Click stickers on 11 00+ gas pumps in the city of Victoria; 

• Implementation of Blue Sky Initiative to reduce school zone idling including bus 

driver/parent/teacher/administrator/student education programs and materials; 

• Educational marketing on television, radio, outdoor and print media on air quality 

messages in both English and Spanish language including: Fuel up, mow and run errands 

after 5 p.m., Rideshare and Tripchain, Stop at the Click, Reduce Idling; 

• Promote and participate in activities and educational programs that address how air 

quality is benefited by other environmental concems; 

• Other programs as deemed necessary by staff to reach educational objectives of the 

program. 

Should any of these voluntaty control measures require fU11her clarification, please by in touch. 

Thank you for your support of our air quality program in Victoria. 

Regards, 

Clfl~~ 

C. Marie Lester, Environmental Programs Coordinator 

City ofVictotia, Environmental Services 

p·o BOX 175S VlC'TORlA. II!.XA~ 77'102-17-sts c361J tas-331il 
APPENDIXB 

Response to Comments 
RESPONSE TO COMMENTS RECEIVED REGARDING 

THE CONTINGENCY PLAN REVISION TO THE 1997 

EIGHT-HOUR OZONE MAINTENANCE PLAN FOR THE 

VICTORIA COUNTY OZONE ATTAINEMENT AREA 

STATE IMPLEMENTATION PLAN REVISION 

The commission offered a public hearing in Victoria on February 23, 20IO, at 6:00p.m. Staffwas 

available for a question and answer session which was held 30 minutes prior to the hearing. The 

hearing was not officially opened because no party indicated a desire to provide comment. 

The comment period opened January 20, 20IO, and closed March I, 20IO. The commission 

received the same comment letter from: Citizens for a Clean Environment; Citizens Opposed to 

Power Plants (COPPs) for Clean Air; KIDS for Clean Air (KIDS); Multi-County Coalition; 

Robertson County: Our Land Our Lives (Our Land Our Lives); Sustainable Energy and 

Economic Development (SEED) Coalition; and Texans Protecting Our Water, Environment and 

Resources (TPOWER). 

RESPONSE TO COMMENTS 

Citizens for a Clean Environment, COPPs, KIDS, Multi-County Coalition, Our Land Our Lives, 

SEED, and TPOWER requested that the Texas Commission on Environmental Quality (TCEQ) 

extend the public comment period to allow time to comment on the emissions inventory (EI) used 

in the Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area 

(Victoria County I997 Eight-Hour Ozone Maintenance Plan) submitted to the United States 

Environmental Protection Agency (EPA) in March 2007. The commenters stated that the EI used 

in the Victoria County I997 Eight-Hour Ozone Maintenance Plan was not made available by the 

March I, 20 I 0, close of comment period. 

The Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area 

EI was adopted and submitted to the EPA in 2007. No changes to the EI were proposed as 

part of this SIP revision, which only pertains to changes in the contingency measures 

portion of the maintenance plan, and is therefore beyond the scope of this SIP revision. 

The request for the EI was made February 23, 2010, and staff supplied the EI on March 3, 

2010. The commission did not extend the public comment period based on this request, and 

bas made no changes in response to this request. 

Citizens for a Clean Environment, COPPs, KIDS, Multi-County Coalition, Our Land Our Lives, 

SEED, and TPOWER observed that contingency measure trigger levels are not practically 

enforceable, stating that contingency measures triggered upon 82 parts per billion (ppb ), 83 ppb, 

and a violation at 85 ppb of the I997 eight-hour ozone National Ambient Air Quality Standard 

(NAAQS) fail to meet federal standards for "expeditiously implemented" because the 

contingency measure will be implemented no later than 24 months after the TCEQ's notification 

that the county has monitored above the relevant trigger. Additionally, the commenters stated 

that contingency measures triggered upon a design value at or above 82 ppb will not be developed 

or implemented until30 days after notification by the TCEQ that the contingency measure will be 

required, and there is no specific schedule, procedure or time limit for the TCEQ to act upon any 

of the triggers. 
The TCEQ has met every requirement as described in EPA guidance1

• EPA guidance states 

that contingency measure schedules for adoption and implementation should be as 

expeditiously as possible but no later than 24 months. 

EPA guidance requires triggers upon a monitored violation of the 1997 eight-hour ozone 

standard. The SIP revision contains three early triggers that are designed to promptly 

correct an increase in Victoria County's design value prior to an actual violation, as well as 

the required trigger upon a violation of the NAAQS. The Victoria County ozone design 

value continues to trend downward. The Victoria County design value for 2007, 2008, and 

2009 is 65 ppb. 

The TCEQ disagrees with the commenters' interpretation of the implementation of 

contingency upon 82 ppb. The language in the SIP revision specifies that the program will 

be developed and available within 30 days after notification by the TCEQ, not until 30 days 

after notification. The commission has made no changes in response to this request. 

Citizens for a Clean Environment, COPPs, KIDS, Multi-County Coalition, Our Land Our Lives, 

SEED, and TPOWER stated that the contingency measures still fail to ensure that citizens are not 

exposed to unhealthy levels of air pollution because all triggers prior to a violation of the 1997 

eight-hour ozone standard are voluntary, and therefore provide no assurances that the 1997 

NAAQS will not be violated. 

The commenters stated that during TCEQ's Prevention of Significant Deterioration (PSD) 

permitting review, the TCEQ had taken the position that potential ozone emission impacts from 

proposed PSD major sources are reviewed "through the SIP development process rather than 

through individual permitting actions." The commenters stated that the TCEQ must consider 

these types of emissions during the Contingency Plan Revision to the 1997 Eight-Hour Ozone 

Maintenance Plan for the Victoria County Ozone Attainment Area (Victoria County Contingency 

Plan SIP Revision) development process. 

The commenters stated that precursor emissions from sources in nearby counties can contribute to 

ozone problems in Victoria County, and cited three point sources that have new PSD permits or 

are in the PSD application process. The commenters stated that these sources will increase ozone 

precursor emissions during the maintenance period. 

Additionally, the commenters suggest using a contingency measure trigger based on emission 

levels. 

The TCEQ disagrees with the commenters' assertion that the maintenance plan 

contingency measures must provide assurance that the ozone NAAQS will never be 

violated. Contingency measures are meant to correct a violation, not prevent its 

occurrence. However, though not required under federal rules, the Victoria County 

maintenance plan contains early contingency triggers that could avoid a violation. Two of 

the three early triggers are agreements with the City of Victoria and local businesses. This 

relationship will continue to benefit both the Victoria area and the local air quality. 

The attachment provided by the commenters did not include the text quoted by the 

commenters. The TCEQ reviews potential ozone impacts from PSD major sources through 

the SIP process when projections of future emissions are necessary. Individual permit 

actions may also address potential ozone effects. In fact, the TCEQ response referenced in 

the attachment indicates that an ozone analysis was performed for the application in 

question. This SIP revision applies only to changes to the Contingency Plan portion of the 

Victoria County 1997 Eight-Hour Ozone Maintenance Plan. No changes to emission 

1 Maintenance Plan Guidance Document for Certain 8-hour Ozone Areas Under Section JJO(a)(J) of 

Clean Air Act, U.S. EPA, May 20, 2005 

2 
projections were proposed in this revision. Therefore, the issue of proposed point source 

emissions is outside the scope of this revision. The commission refers the commenter to the 

maintenance plan submittal to EPA adopted March 7, 2007. That plan addresses future 

emissions, including point sources, for Victoria County as part of the ozone maintenance 

demonstration. 

In accordance with EPA guidance, contingency measures are triggered upon monitored 

data expressed in terms of a design value. Using proposed emission levels for a particular 

point source located outside the plan area, as suggested by the commenter, is not 

appropriate as a contingency trigger, because it is not based on actual monitoring of the 

airshed. Potential emissions of precursor pollutants outside Victoria County will not 

necessarily equate to a violation or an early trigger of the ozone NAAQS. The previously 

submitted maintenance plan and the present contingency measure revision include an 

emission inventory, monitoring data, growth estimates, a demonstration of maintenance of 

the 1997 eight-hour ozone NAAQS, and measures to avoid or correct a potential violation. 

The commission determines that the Victoria County 1997 Eight-Hour Ozone Maintenance 

Plan along with the Victoria County Contingency Plan SIP Revision meet all FCAA 

requirements for demonstrating maintenance of the 1997 eight-hour ozone NAAQS in 

Victoria County. The commission has made no changes in response to this request. 

Citizens for a Clean Environment, COPPs, KIDS, Multi-County Coalition, Our Land Our Lives, 

SEED, and TPOWER stated that the TCEQ must comply "with all court decisions issued after 

TCEQ's initial adoption of the SIP revision concerning ozone NAAQS or the adoption of EPA's 

phase I and II implementation rules and any guidance." 

As stated above, the TCEQ previously submitted a maintenance plan in March 2007, and 

with the current revision to Chapter 5: Contingency Plan, all federal SIP requirements are 

satisfied consistent with the relevant guidance. The commission is unaware of- nor did the 

commenters mention - any court decision that specifically changes maintenance plan 

requirements affecting the ability of the EPA to approve the Victoria Courity Contingency 

Plan SIP Revision. 

3 
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

ORDER ADOPTING REVISION 

TO THE STATE IMPLEMENTATION P 

Docket No. 2009-1258-SIP 

rHE STATE OF TEXAS 

COUNTV OF TRAVIS 

I hereby certify thru thil> Is a true and correct copy of a 

Texas Commission on Environmental Quality c1oa1nant, ~ich is filed in the permanent records of the CommlaaiotL 

GIV8n un r my hand and the seal of oflloe on 

~UG 0 4 201( 

Castanuela, Chief Clerk 

ommission on Environmental Quality 

On July 28, 2010, the Texas Commission on Environmental Quality (Commission), during a public 

meeting, considered adoption of the Contingency Plan Revision to the 1997 Eight-Hour Ozone Maintenance 

Plan for the Victoria County Ozone Attainment Area State Implementation Plan (Victoria County Contingency 

Plan SIP Revision). The Commission adopts the Victoria County Contingency Plan SIP Revision, which 

provides a revised contingency plan that includes clearly identified potential contingency measures to be 

implemented in the event Victoria County violates the 1997 eight-hour ozone National Ambient Air Quality 

Standard. Under Tex. Health & Safety Code Ann. §§ 382.011, 382.012, and 382.023 (Vernon 2008), the 

Commission has the authority to control the quality of the state's air and to issue orders consistent with the 

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

Pursuant to 40 Code of Federal Regulations § 51.102 and after proper notice, the Commission 

conducted a public hearing to consider the Victoria County Contingency Plan SIP Revision. Proper notice 

included prominent advertisement in the areas affected at least 30 days prior to the date of the hearing. A public 

hearing was held in the City ofVictoria on February 23,2010. 

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

persons, the Regional Administrator of the EPA, and all applicable local air pollution control agencies. The 

public was invited to submit data, views, and recommendations on the proposed Victoria County Contingency 

Plan SIP Revision, either orally or in writing, at the hearing or during the comment period. Prior to the 

scheduled hearing, copies of the proposed Victoria County Contingency Plan SIP Revision were available for 

public inspection at the Commission's central office and on the Commission's Web site. 

Data, views, and recommendations of interested persons regarding the proposed Victoria County 

Contingency Plan SIP Revision were submitted to the Commission during the comment period, and were 

considered by the Commission as ,reflected in the analysis of testimony incorporated by reference to this Order. 

The Commission finds that the analysis of testimony includes the names of all interested groups or associations 

offering comment on the proposed Victoria County Contingency Plan SIP Revision and their position 

concerning the same. 

IT IS THEREFORE ORDERED BY THE COMMISSION that the Victoria County Contingency Plan 

SIP Revision incorporated by reference to this Order is hereby adopted. The adopted Victoria County 

Contingency Plan SIP Revision is incorporated by reference in this Order as if set forth at length verbatim in this 

Order. 
IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Commission, the Chairman 

should transmit a copy of this Order, together with the adopted Victoria County Contingency Plan SIP Revision, 

to the Regional Administrator of EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air 

Act, codified at 42 U.S. Code Ann. §§ 7401 - 7671q, as amended. 

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

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

Date issued: AUG 0 2 2010 TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY