Bryan W. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, P.G., ExecutiveDirector 

## 10SEP-8 AM8:48

TEXAS CoMMISSION oN ENVIRONMENTAL QuALITY
Protecting Texas byReducing andPreventingPollution August 31,2010

Al Armendariz, Ph.D., Regional Administrator U.S. Environmental Protection Agency- Region 6 1445 Ross Avenue Dallas, Texas 75202-2733
DearDr. 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 ofozone 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 planthat includes clearly identified potential contingency measures to be implemented in the event Victoria County violates the 1997 eight-hour ozone National AmbientAir Quality Standard. Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record ofthe public hearing, and the accompanying order. I look forward to your expeditious approval ofthese SIP revisions.

BWS/hb Enclosures

cc: The Honorable Rick Perry, Governor ofTexas Mr. TobyBaker, 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 ofdocuments 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 ofthe Texas Commission on Environmental Quality (Commission).

# ~~ David r, Director Air Quality Division Texas Commission on Environmental QualityTexas Commission on Environmental Quality Public Hearing February 23, 2010 Concerning Contingency Plan Revision to the

1997 Eight-Hour Ozone Maintenance Plan forthe Victoria County Ozone Attainment Area Project No. 2009-033-SIP-NR

### INTRODUCfiON

TheTexasCommissiononEnvironmentalQuality(commission)heldapublichearinginVictoriaon February23, 2010,

### toreceivetestimonyregardingrevisionstothestateimplementationplan (SIP) concerningtheContingencyPlan Revisiontothe 1997

### Eight-HourOzoneMaintenancePlanforthe Victoria County OzoneAttainmentArea.

This SIP revision provides a revised contingency plan that includes clearly identified potential contingencymeasurestobeimplementedintheeventVictoriaCountyviolatesthe 1997

### eight-hour

ozone NationalAmbientAir Quality Standard.

ThecommentperiodclosedonMarch 1, 2010. 

### Alltestimonyandcommentshavebeenreviewedand seriouslyconsidered. This hearing recordcontains a complete record ofthepublichearing andis dividedintothefollowing four sections:

o PublicNotification andProposal

o Written and OralTestimony

o Evaluation ofTestimony

o StaffRecommendations/Order

AdditionalcopiesofthishearingrecordaremaintainedintheTCEQ centraloffice at 12100

### Park35 

### Circle,Austin, Texas 78753. 

### Forfurtherinformation, pleasecontactHollyBrightwell at (512) 239- 4905.

# PUBLIC NOTIFICATION AND PROPOSAL

### PUBLIC NOTIFICATION

Notification tothepublicoftheproposedrevisionswas conductedbythefollowing procedures:

1. 

### Publication ofnotice ofpublichearinginthe following newspapers onthedatelisted: 

### VictoriaAdvocate, January 21, 2010

2. 

### Publication ofthepublichearing noticeintheJanuary 21, 2010, 

### issue ofthe 

### Texas Register (35 TexReg 685).

3. Correspondenceforwarding thenotice ofpublichearings tothe following officials andagencies: Speaker ofthe House LieutenantGovernor AlamoArea Council ofGovernments CapitalAreaPlanning Council City ofDallas, DepartmentofEnvironmental and Health Services City ofDallas, DepartmentofAviation City ofEl Paso, Environmental Services City ofFortWorth, EnvironmentalManagement Department City ofHouston, DepartmentofHealth and Human Services City ofVictoria, Mayor's Office EastTexas Council ofGovernments El Paso Metropolitan Planning Organization Federal HighwayAdministration Galveston County Health District Harris CountyPublic Health andEnvironm'ental Services

### North CentralTexas Council ofGovernments Houston-GalvestonArea Council South EastTexas Regional Planning Commission Texas DepartmentofTransportation Victoria CountyJudge Victoria Metropolitan Planning Organization Arkansas DepartmentofPollution Control and Ecology Louisiana DepartmentofEnvironmental Quality New Mexico Environmental Department Oklahoma DepartmentofEnvironmental Quality United States Environmental ProtectionAgencyExample of Newspaper Classified Ad
Victoria Advocate, January 21, 2010

NOTICE OF PUBLIC HEARING BY TliETEXAS 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 §51.102 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; andChaplar 117 nitrogen oxide& rule. A publichearing on this proposal wiU be held in Victoria, Taxas, on February 23, 201o, 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 opandiscuaaion during the hearing; however, TCEQ staff will be available to discuss the proposal 30 rninutas priorto 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 OFPUBLIC HEARINGBY 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 ofTexas Health and Safety Code, §382.012 and §382.013; and 40 Code ofFederal Regulations §51.102 ofthe 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 ofpotential 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 oforal 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 orderofregistration. 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 staffmembers 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 orother accommodation ne ds, should contact Charlotte Hom, Office ofLegal 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 oughthe eComments system. All comments should reference Rule oject Number 2009-041-290-0W. The commentperiod closes March I, 20l0. To viewrules, 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 erSection, Water Supply Division, at (5 12) 239-3465. TRD-201000171 Robert Martinez Director, Environmental Law Divisi Texas Commission on Environmen Filed: January 15, 2010 

# • • Notice ofa 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 8lstLegislature, 2009, Regular Session, to low owners or managers ofapartment houses to add up to a nine per ent service charge to the waterand wastewater portions ofthe tenant ' utility bills in submetered apartment dwelling units. A public hearing on this proposal ill be held in Austin on February 22, 20l0, at2:00 p.m. in Building , Room 20lS, at the commission's central office located at 12100 P k 35 Circle. The hearing will be structured for the receipt oforal r written comments. Registration begins 30 minutes prior to the he · g. Individuals may present oral statements when called upon in or r ofregistration. Atime limitmay 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 staffmemb 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 ofLegal 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 oughthe 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' gthis 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 ofPublic 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 ofTexas Health and Safety Code, §382.012 and §382.Ql3; and 40 Code ofFederal Regulations § 5l.l02 ofthe 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 ofthe 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 ofpotential 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 II5 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 oforal or written comments by interested persons. Individuals may present oral statements when called upon in order ofregistration. There will be no open discussion during the hearing; however, TCEQ staffwill 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.



### INADDITION January 29, 2010 35 TexReg 685The 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 ofWater 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 ofthe ChiefClerk, Mail Code 105, P.O. Box 13087, A stin, Texas 78711-3087, WITHIN 30DAYS OF THE DATE OFNEW PAPERPUBLICATION 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 dischargedviaOutfall001andto au orizethe discharge ofcondensate 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 perday via utfall 001. The facility is located at 1615 Braeswood Boulevard, app oximately 0.25 mile east ofthe intersection ofFannin 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 ofmine seepage and storm water via Outfalls 001, 002, an 003 at a daily avery flow not to exceed 500,000gallonsperday. The ility is located onCounty Road 308 approximately 3/4 miles north o the intersection ofCounty Road 308 and U.S. Highway 67 in the no east comer, Somervell County, Texas 76033. SOUTHWESTERNELECTRICPO RCOMPANY, whichoperates the Lone Star Power Plant, a steam ectric generating plant, has applied for a renewal ofTPDES Permit o. WQ0001464000, which authorizesthe discharge ofcondenserco ling water and previously monitored effluents (lowvolume 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 locatedonStateHighway259, ontheeas side ofEllisonCreekReservoir approximately 0.5 mile northoftheres rvoir dam, one mile westof the intersectionofStateHighway 259 and tate Highway 729, andapproximately one mile southwest ofthe Ci • ofLone 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 viaOutfall 01. The facility is located on Old BloomingtonRoad between McCoy oad and Black Bayou RoadNo. l, approximately 0.75 miles west of tate Highway 185, southwest of the City ofBloomington, 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 offinished lim stone-based aggregate materials ofvarious sizes and sand, located eater than one mile from a waterbody, within the water quality pr tection area ofthe John Graves Scenic Waterway, has applied for an wpermit, proposed TPDES PermitNo. WQ0004878000, to author· the discharge ofprocess wastewater, mine dewatering, stormwater sociatedwithindustrialactivity, construction storm water, and certai non-storm water discharges at a daily average flow ofeffluentthat sh ll not exceed 0.0144 million gallons per day (MGD) and a daily m imum flow that shall not exceed 0.0288 MGD viaOutfall 001. The fa ility is located at onthe East side ofFM 919, approximately 0.5 mile outh ofthejunction ofFM 919 and U.S. Highway 180, Palo Pinto C unty, Texas, 76484. JOHN BLUDWORTH SHIPYARD, .L.C. which operatesJohn Bludworth Shipyard, has applied for a ne permit, proposed TPDES Permit No. WQ0004889000, to autho · e the discharge ofdry 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 voidtank ash wateronan intermittent and flow variable basis via Outfall 002. e plant site is located approximately 1.98 miles northeast ofthe in ersection ofUp 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 ManagementProgram goals and policies in a cordance withthe 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 PermitNo. WQ00101l2001, to autho · ethe constructionofnewtreatment units to replace existing units d to reduce the effluent disposal areato 65 acres. The current permit thorizes the disposal oftreated domesticwastewaterat a daily averag flow notto exceed 170,000 gallonsperday via surface irrigationof8 acres ofnon-public access agricultural land. This permit will not au orize a discharge ofpollutants into waters inthe State. The wastewat rtreatment facility and disposal site are located approximately two mi es southeast ofthe City ofPaducah on Farm-to-Market Road 1038 · Cottle County, Texas 79248. TOWNOFWOODSBOROhas applie forarenewalofTPDESPermit No. WQ0010156001 which authorize the discharge oftreated 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 ofthe intersectionofFarm-to-MarketRoad 1 60 andChurchill Road, and approximately 3 miles southeast ofthe i tersection ofU.S. Highway 77 and Farm-to-Market Road 2441, sou ast ofthe Town ofWoodsboro 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 gallonsperday. The facility is located well County, Texas 78644. or a renewal ofTPDES Permit s the discharge oftreated doflow not to exceed 1,100,000 t 109 Larremore Streetin Cald-REVISIONS TOTHE STATE OFTEXAS AIR QUALITYIMPLEMENTATION PLANFORTHE CONTROL OF OZONE AIR POLLUTION

VICTORIA COUNTY 1997 EIGHT-HOUR OZONE ATTAINMENT AREA

TEXAS COMMISSION ONENVIRONMENTAL QUALITY P.O. BOX 13087 AUSTIN, TEXAS 78711-3087

CONTINGENCY PLAN REVISION TO THE 1997 EIGHT-HOUR OZONEMAINTENANCE PLAN FORTHE 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 standard1• 

### The Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area SIP Revision contains four contingency measures. Three ofthese are early triggers, which are set in place to avoid a violation ofthe 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 perbillion (ppb), and the TCEQ determines the cause ofviolation can be controlled within state regulatoryjurisdiction, 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 valuebelow 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.

1Maintenance Plan GuidanceDocument for Certain 8-hour OzoneAreas Under Section 110( a)( 1) of Clean AirAct, U.S. EPA, May 20,2005SECTION 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 ofthe state's air, including maintaining adequate visibility.
The first air pollution control act, known as the Clean Air Act ofTexas, 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 ofthe 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 ofair resources. In 1991, the legislature abolished the TACB effective September I, 1993, and its powers, duties, responsibilities, and functions were transferred to the Texas Natural Resource Conservation Commission (TNRCC). With the creation ofthe TNRCC, the authority over air quality is found in both the Texas Water Code and the TCAA. Specifically, the authority ofthe 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 ofthe 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 specialsession, 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 ofquality to be maintained in the state's air and to control the quality ofthe 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 ofemissions; 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 ofthe state as well as with industries and the federal government; and to establish and operate a system ofpermits for construction or modification offacilities. Local government authority is found in Subchapter E ofthe 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 territorialjurisdiction, 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 ofair pollution not inconsistent with the provisions of the TCAA and the rules or orders ofthe commission.

iiSubchapters 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 vehicleretirement 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 ofthe SIP.
Statutes All sections ofeach subchapterare included, unless otherwisenoted. 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 ofthe Texas Natural Resource Conservation Commission Subchapter C: Texas Natural Resource Conservation Commission Subchapter D: General Powers and Duties ofthe Commission SubchapterE: Administrative Provisions for Commission SubchapterF: Executive Director (except§§ 5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and SubchapterH: Subchapter 1: SubchapterJ: 5.236) Delegation ofHearings Judicial Review Consolidated Permit Processing Subchapter L: Subchapter M: Emergency and TemporaryOrders(§§ 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) SubchapterB: 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 andTemporary Orders and Permits; Temporary Suspension orAmendment ofPermit 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, 200639.423 (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 ofAir Pollution from Visible Emissions and Particulate Matter July 19, 2006 Chapter 112: Control ofAir Pollution from Sulfur Compounds July 16, 1997 Chapter 113: Standards ofPerformance for Hazardous Air Pollutants and for Designated Facilities and Pollutants May 14, 2009 Chapter 114: Control ofAir Pollution from MotorVehicles June 26, 2008 Chapter 115: Control ofAir Pollution from Volatile Organic Compounds July 19,2007 Chapter 116: Permits for New Construction orModification May 29, 2008 Chapter 117: Control ofAir Pollution by Control ofAirPollution from Nitrogen Compounds March4, 2009 Chapter 118: Control ofAir Pollution Episodes March5, 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 MinorPermit Revisions June 3, 2001 Chapter 122: § 122.217: Procedures for MinorPermit Revisions December 11, 2002 Chapter 122: § 122.218 Minor Permit Revision Procedures for Permit Revisions Involving the Use ofEconomic 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-PortArthur 

### (No change) 4. ElPaso 

### (No change) 5. Regional Strategies 

### (No change) 6. Northeast Texas 

### (No change) 7. AustinArea 

### (No change) 8. San AntonioArea 

### (No change) 9. Victoria Area 

### (Revised) Chapter 1 : General (Revised) Chapter 2: Attainment Emissions Inventory (No change) Chapter 3: Maintenance Demonstration (No change) Chapter4: 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. SulfurDioxide (No change)
H. Conformity withthe National Ambient Air Quality Standards (No change)
I. Site Specific (No change)


### J. Mobile Sources Strategies (No change)
K. 

### CleanAirInterstate Rule (No change)


### L. Transport (No change)
M. Regional Haze (No change)

vLIST OF ACRONYMS

CFR --Code ofFederal Regulations EPA-- United States Environmental Protection Agency FCAA --Federal Clean Air Act NAAQS

-- National Ambient Air Quality Standard NOx

-- Nitrogen Oxides ppb

-- Parts PerBillion ppm -- Parts Per Million psia

-- Pounds per Square Inch Absolute SIP

-- State Implementation Plan TAC -- Texas Administrative Code TACB

-- 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

viTABLE 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 ProposedVictoria County Contingency Plan 1.3 Health Effects 1.4 Public Hearing Information 1.5 Social and Economic Consideration 1.6 Fiscal and ManpowerResources Chapter 2: Attainment Emissions Inventory (No change) Chapter 3: Maintenance Demonstration (No change) Chapter4: Monitoring Network (No change) Chapter 5: Contingency Plan (Revised) 5.1 Background 5.2 Contingency Measures and Trigger Levels Appendices

VllAPPendix A LIST OF APPENDICES AppendixName City ofVictoria Voluntary Control Measures

viiiCHAPTER!: GENERAL

l.lBACKGROUND 

### "The History ofthe Texas State ImplementationPlan (SIP)," a comprehensive overview ofthe SIP revisions submitted to the United States Environmental Protection Agency (EPA) by the State ofTexas, 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 ofEPA 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 ofVictoria 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 oflaw. The FCAA Amendments required unclassifiable nonattainment areas with incomplete orno data to collect three consecutive years ofmonitored data and toreach attainment by November 15, 1995. Victoria County completed three consecutive years ofmonitoring 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 ofJune 15, 2004. Also on April 30, 2004 (69 FR 23951), the EPA published the final Phase I implementation rule ofthe 1997 eight-hour ozone NAAQS. Sections 51.905(c) and (d) of40 Code ofFederal 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) ofthe FCAA. 1-11.2.1.3 Current Proposed Victoria CountyContingency 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 (TAC) 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 relativelyhigherrisk from exposure to ozone when compared to adults, since theybreathe more air perpound ofbody weight than adults andbecause children'srespiratory systems are still developing. Children also spend a considerable amount oftime outdoors during summer and during the start ofthe school year (August

- October) when high ozone levels are typically recorded. Adults most atrisk to ozone exposure are people working or exercising outdoors and individuals withpreexisting 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

Thepublic comment periodwill open January 20, 2010, and close March 1, 2010. Written comments will be accepted via mail, fax, orthrough the eComments system. All comments shouldreference the "Victoria County Contingency Plan SIP Revision" and Project Number 2009-033-SIP-NR. Commentsmaybe submitted to C. HollyBrightwell, MC 206, State Implementation Plan Team, ChiefEngineer's Office, Texas Commission onEnvironmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-5687 (Attn. C. Holly Brightwell). Electronic comments maybe submitted at http://www5.tceq.state.tx.us/rules/ ecomments. File size restrictions may apply to comments being submitted through the eComments system. Comments mustbereceivedbyFebruary 26, 2010.

'MaintenancePlan GuidanceDocument for Certain 8-hour OzoneAreas Under Section 1JO(a)(J) of Clean AirAct, U.S. EPA, May 20,2005 1-21.5 SOCIAL AND ECONOMIC CONSIDERA TIONS This revision is a continuation ofthe 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 withthis revision.
1.6 FISCALAND MANPOWERRESOURCES The state has determined that its fiscal and manpower resources are adequate and will not be adversely affected through implementation ofthisplan.

1-3

### CHAPTER2: ATTAINMENT EMISSIONSINVENTORY (No Change)

2-1CHAPTER3: MAINTENANCE DEMONSTRATION (No Change)

3-1

### CHAPTER4: MONITORINGNETWORK (No Change)

4-1

### CHAPTERS: CONTINGENCYPLAN
5.1 BACKGROUND The United States Environmental Protection Agency's (EPA) Phase 1implementation rule for the 1997 eight-hour ozone standard requires that Section llO(a)(l) maintenance plans include contingency provisions to promptly correct an exceedance ofthe National Ambient Air Quality Standard (NAAQS) for ozone. 5.2 CONTINGENCYMEASURES AND TRIGGERLEVELS IfVictoria County monitors a three-year eight-hour ozone average at or above 82 parts perbillion (ppb), the City ofVictoria 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. Thisprogram 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 ofVictoria and the local Air Victoria Team to implement various voluntary control measures that may include: substantially increasing the number ofbusinesses notified on Ozone Advisory Days; increasing the number ofozone public announcements; and other voluntary control measures as identified in a letter from the City ofVictoria, dated September 8, 2009 (Appendix A: City ofVictoria Voluntary ControlMeasures). 

### 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 laterthan 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 ofthe 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 ofthe exceedances. The TCEQ will notify the EPA ofits findings.
Ifair 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 identifiedbelow. 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, butno 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 (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 ofcrude 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 peryear.

• Inclusion ofVictoria 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 offloating roofs in floating rooftanks.

• 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 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 ofthe 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 ofthe 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 ofthe NAAQS.

5-2

# WRITTEN AND ORAL TESTIMONY

### Reference Number W-1 

### INDEX OFWRITTEN TESTIMONY

Submittedby Law Office ofWendi Hammond, onbehalfofKIDS for Clean Air; SustainableEnergyandEconomic Development (SEED) Coalition; Robertson County: OurLand, OurLives; Citizens OpposedtoPower Plants (COPPs) for Clean Air; Multi-CountyCoalition;Texans Protecting OurWater, Environment andResources (TPOWER)

### LAW OFFICE OFWENDIHAMMOND 

### 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 nEnvironmental Quality P.O. Box 13087 Austin, TX78711-3 RE: Dear Ms. Brightwell: ct Number2009-033-SIP-NR; Victoria County Contingency Plan SIP Revision

Please find attached mments on Project Number2009-033-SIP-NR, filed on behalfof 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)". Thankyou loryour

# a~n 1o

### lhis matter. Ifyou have any questions, 

### feel free Ill oontact me. Sincerely,

CC: Certificate ofService for parties to the Coleta Creek Unit2PSD 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 Number2009-033-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 aClean Environment Multi-County Coalition Texans Protecting OurWater, Environment and Resources (TPOWER) Commenters support efforts to improve airquality 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 meetminimum requirements ofthe federal Clean AirAct and EPA rules. Requestto Extend the Public Comment Period Because Attainment Emissions Inventory Not PubliclYAvailable 

### 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 acopy ofthe point source emissions inventory used forthe 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 ofthe actual emission inventory utilized would be March 

### 1, 2010- the end ofthe public comment period. 

### As ofthe drafting ofthese public comments, counsel has notyet 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 ortime limitforTCEQ 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-hourozone exceedances within one calendaryear.

- The voluntary contingency measures to be triggered by amonitored 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 limitforaction by TCEQ to make such notification. Also, this contingency measure fails to meetthe

2

### ---"··--·



### federal standards for "expeditiously implemented" because the program will only be implemented no laterthan 24 months 

### afterthe unenforceable TCEQ's notification.

• The voluntary contingency measures 

## to be triggered by amonitored 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 byTCEQ

## to make such notification. Also, this contingency measure fails 

## to meetthe federal standards for "expeditiously implemented" because the program will only be "expeditiously implemented," no laterthan 24 months 

### afterthe unenforceableTCEQ's notification. The contingency measures 

## to be triggered by amonitored 8-hourthree-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 adetermination. Also, this contingency measure fails to meetthe 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 ensurethat citizens are not exposed to 

### unhealthy levels of air pollution. 

### TCEQ must considertriggers that will occur priorto aviolation ofthe 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 aviolation ofthe NAAQS. All ofthe "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, atruly 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 publicfrom unnecessary exposure 

## to unhealthy levels of air pollution. This is exceptionallytroubling in light ofTCEQ'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 

### aSIP development process. Therefore according 

## to TCEQ policy, it must consider

1 See discussion above about amonitored 8-hourthree-yearaverage atorabove 85 ppb and TCEQ •promptaction" within 24 months afterTCEQdetermines the cause ofthe violation can be controlledwithin the state'sjurisdiction through regulatory actions- afederally unenforceable determination thatcompletely lacks aspecific schedule, procedure ortime limit.

2The Coleto CreekUnit 2 PSD permit application is apending matterbefore TCEQ. This SIP revision project directly concerns ozone precursoremissions that will result from the Coleto CreekUnit 2 PSD permit application. In an abundance ofcaution, acopy ofthese comments is being providedto all the parties ofthatcase so as to avoid any complications with TCEQ's exparte communication rules.

3 See Attachment 1, an excerpt ofTCEQ'sresponse to public comments regarding the Coleta CreekUnit 2 PSD permit application. See also, Attachment 2, an excerpt oftheproposal 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 forthe Victoria County area. TCEQ knows that ozone precursor emissions from major point source located within 200 km 

### of aspecified 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 ofthese sites have existing major point sources and have newly issued (or soon to be 

### issued) PSD permits which will significanHy increase regional ozone precursoremissions during the 1 0-year maintenance plan period. Considering the already known increases in regional major point sources, the triggerfor implementation of contingency measures should be 

### based upon notonly amonitored violation of 8-hourozone NAAQS, but also when the regional area exceeds the precursoremission levels upon which maintenance is based. TCEQ must complywith court decisions concerning the 8-hour NAAQS 

### TCEQ needs

## to make sure the maintenance plan complies with all court decisions issued afterTCEQ's initial adoption ofthe SIP revision concerning ozone NAAQS orthe adoption of EPA's phase Iand II implementation rules and any guidance.

4 Commenters remain convinced thatTCEQ's position violates the federal Clean J1jrAct (CAA), rules, regulations, currentTexas State Implementation Plan (SIP), and EPA's repeated comments to TCEQ.



### 4

### ATTACHMENT 1

5SOAHDOCKETNO. 582-09-2045 TCEQDOCKETNO. 2009-0032-AIR



### APPLICATIONBY IP

A Coleto Creek

### LLC ., Coleto Creek

### UnitTwo Fannin, Goliad 

### County AirPennitNos. 83778,PSD-TX-1118 &HAP18 

### § § § § 

### § § 

### § 

### BEFORETHE

STATE OFFICE OF

ADMINISTRATIVEHEARINGS

EXECUTIVEDIRECTOR'SRESPONSE TOPUBLIC COMMENT



### 6

### Executive Director's Response tQ Comment IPA Coleto CreekLLC Page 12

COMMENT 9 

### (OZONE IMP 

### ACT ANALYSIS): Commenters state a

### full impacts analysis 

### for ozone inthe surrounding airsheds isrequired (Levin

### andHammond). Ozone isknown to trigger asthma attacks and otherrespiratory symptoms (Levin andHammond). Commentercommentedon

### the

### inaccuracyofSche:ffePointSourceScreeningTables

### andnotedthat

### a modelingprotocolwas notsubmittedby the Applicant (EPA andHammond).

.· Commenter states the ozone impacts analysis entitled, ''Estimation 

### ofthe Potentia1,8-br Ozone ImpactsAssociatedwiththeProposedIPAColetoCreekUnit2PowerPlant''(AlpineGeophysics,9 May 2008)

### isflawed (Weber). TheTCEQ didnotauditthephotochemicalmodeling (Levin). 

### The ozonemodelingis 

### invalid and flawed (Levin). RESPONSE 

### 9: The 

### applicant performed 

### an ozone analysis consistent with 

### TCEQ modeling guidanceinRG-25. The Coleto 

### Creek site is VOC-limited. This analysis didnotusethe Scheffe Method, as this

### methodisnotapplicableto VOC-limited sources. The Preliminary

### Detennination · Summary (PDS) included**th~** 

### TCEQ's review

### ofthe Coleto Creek 

### ozone analysis. The following informationwas includedinthePDS: ''Theozoneanalysis conductedbythe**app~cant** 

### shows that theprojectis,Q3'-neUtral. Basedonhistorical analysesusingthe EKMA

### model,03-neutral sources • would not be expected to .have a discernible impact on the mSJcimum ozone concentration in 

### an · 

### area."
ForNOx-limited 

### sources, theTCEQ will workwith the EPAto develop an appropriate modeling protocol. Fromthe 

### analysis

### performed, anincreaseinambientozonewouldnotbeexpectedforthe area

### inthe vicinityofthe site. 

### TCEQ guidanceisbasedon**re~ts** 

### from theEPAEmpiricalKinetic

. ModelingApproach (EKMA). 

### EPAhas 

### reliedupontheozone isopleth

### diagramsto develop ozone control strategies. Numerous studies, ·including ·gridded 

### photochemical modeling studies, substantiallyagreewithEPA'sEKMA

### ozoneisopleths. ThoughEPAreliedupontheEKMA

### ozone isopleths**~** 

### aquantitative'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 guidanceonmodels for

### estimatingozoneimpacts

### in

### Section5.2.1. Sections 5.2.1.aand

### 5.2.1.bboth refer to more guidance in·the**Guidan~** 

### on the Use ofModels and Other Analyses in

### Attainment Demonstrationsforthe 8-hr

### OzoneNAAQS (Environmental

### ProtectionAgency,2005). The

### TCEQ requested clarification on the applicability ofthis 

### new guidance to the NSRpermittingprogram. EPA's response validated that 

### sections 5

### .2.1.a and 

### S 

### .2.1.b do 

### not address nor apply to 

### the NSR permittingprogram. (Sept.29,2006emailfromTylerFoxtoDomRuggeri). Basedonthe

### guidance andEPA'sclarificationof thegujdance,

## thereisnorequirementforphotocheD:ricalmodelingorState Implementation Plan (SIP) 

### attainment demonstration modeliiig techniques for NSR

### permitting purposes.

7

### Executive Director'sResponse to 

### Comment IPAColeto CreekU.C Page 13. 

### Therehavebeenattempts

### by

### EPA andothersto develop dispersionmodelsthatcanrelateemissions 

### from asinglesourceto

### changes 

### inozoneconcentrations. 

### Thereis currentlynomodel availablethat 

### canprovi.de this kind ofsingle source attribution informationfor ozone. ·
, , 

### Modeling protocol consistent with SIP 

### attainment demonstration is not a 

### requirement ofa PSD permit;thereforethiswasnotpartofthisreview. The

### TCEQwelcomes any guidanee

### fromthe'EPA 

### on developing such aprotocol.

. COMMENT 10(CUMULATIVEIMPACI'S/OFFSETTINGEMISSIONS):Commenters state 

### the proposed facility viil1 

### affect the ability ofdownwind regions to achieve compliance with.the NAAQS, specifically ozone standards 

### and impair the SIP for nonattainment regions (Levin 

### and Hammond). Commenterstatestheapplicationanddraft

### pemritdo

### notconsidercmnulativeeffectsof theexistingUnit 1

### at ColetaCreekorthe synergistic effects ofmultiplepollutantsbeing emittedat 

### the same time from

### theproposedsource and existing sources (Hammond). Commenter states thatthe

### proposedunitwill

### increasethe air

### pollutionand affect her

### propertyina greater 

### degree (V. 

### <J:utmann). Comm.enter 

### states the plant will 

### have cumulative impacts (G.A. Gutmann, 

### Faupel, V. Gutmann, andHuber). Commenterstatesthatthe applicant has

### notproposedto 

### offsetemissionSby**reduc~g** 

### emissions at the existing Coleta Creek site orby othermeans (Levin). · 

### Commentersquestionwhythe

### existingColetaCreek

### Unit 1isnotaddingeontrols

### (Huber, Sherwood and G.A. Gutmann).



### 8

### ATTACHMENT 2 Excerptof Proposal for Decision in the Application of IPA Coleta Creek, LLC for State Air Quality Permit 83778, PSD-TX-1118 and HAP-18

9SOARDOCKET NO. !ll-89-lOe TCEQ DOCKET NO.**~AIR** I'ROPOSA.L FORDJ.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 Staffooly 

### n:viewed theozone impactanalysl;s

### thatJPA submitted

### underthe TCEQ guidelines. h showed thattheVOC emissions wouldbe below t00 tonsper year. 

### and 00. :fiuthel aoalysis. 

### was required 

### The ED's 

### Mr. Schultz testified that the Commission staffclid not review the photochemical 

### :modelins 

### evictcnee submitted b)' lhe Applicant because «here is no Qlll'Cntrequirement toJUbmitthat typeofanalysis.415



###  

10

### --·------

CERTIFICATE OF SERVICE

1

### hereby certify that on this the 1st day of March, 2010, atrue and correct copy of the foregoing has been ' sentby

# u.s. mail, facsimile and/oremail to the following:

Administrative LawJudge Newchurch Administrative LawJudgeWilfong State Office ofAdministrative Hearings 300West 15111 St. Austin, TX78701 PH: 512/4754993/ FAX: 512/4754994 Bill.newchurch@soah.state.tx.us richard.wilfong@soah.state.tx.us State Office ofAdministrative Hearings Attn: SOAH Docket Clerk P.O. Box 13025 Austin, TX78711-3025 PH: 512/4754993/ FAX: 512/4754994 LaDonna Castanuela TCEQ Office ofthe Chief Clerk; MC 1 05 P.O. Box 13087 Austin, TX78711-3087 PH: 512/239-3300 IFAX: 512/239-3311 Ross Henderson Booker Harrison Executive Director Texas Commission on Environmental Quality MC-173 P.O. Box 13087 Austin, TX78711-3087 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, TX78701 PH: 512/322-2667/ FAX: 512/322-8342 derek.mcdonald@bakerbotts.com GarrettArthur Texas Commission on Environmental Quality Office of Public Interest Counsel; MC-175 P.O. Box 13087 Austin, TX78711-3087 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, TX78701 PH: (512) 

### 637-94n FAX: (512) 548-8019 lmansuri@environmentalintegrity.org cmann@environmentalintegrity.org ThomasWeber Paul Tough McEroy, Sullivan &Miller, LLP 1201 Spyglass Dr. Austin, TX78746 PH: (512) 327-8111 FAX: (512) 327-6566 tweber@msmtx.com ptough@msmtx.comINDEX OFORALTESTIMONY



### NO ORALTESTIMONYWASRECEIVED PERTAININGTOTHISSIPREVISION.

### 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 ORALTESTIMONY? (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 planthat includes three voluntary contingency measures that are triggered prior to a violation ofthe 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 ofpotential 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 compoundrules; and Chapter 117 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 openedfor 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, ChiefClerk Mark R. Vickery, P.G., Executive Director
From:

# ~usana M. Hildebrand, P.E., ChiefEngineer

DocketNo.: 2009-1258-SIP Subject: Commission Approval for Adoption ofthe Contingency PlanRevision to the 1997 EightHour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area State Implementation Plan (SIP) ProjectNo. 2009-033-SIP-NR Background and reasons forthe 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 staffcommunicated to TCEQ staffthat the Victoria County 1997 Eight-Hour Ozone Maintenance Plan must be revised to include specific enforceable measures. To meetEPA 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 ofthe 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 ofthe 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 of82 parts per billion (ppb); (3) a design value of83 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 Documentfor Certain 8-hour Ozone Areas Under Section JJO(a)(l) ofClean AirAct, U.S. EPA, May 20, 2005Commissioners 

### Page 2 July 9, 2010
Re: Docket No. 2009-1258-SIP


### Scope ofthe SIP revision: A) Summaryofwhatthe 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 ofthese are early triggers, which are set in place to avoid a violation ofthe 1997 eight-hour ozone 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 ppb, and the TCEQ determines the cause ofviolation can be controlled within state regulatoryjurisdiction, 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 ofVictoria County in 30 TAC Chapter 115 volatile organic compounds (VOC) rules for

the control ofcrude and condensate storage tanks at upstream oil and gas exploration and production sites ormidstream pipeline breakout stations; • inclusion ofVictoria County in 30 TAC Chapter 115 VOC rules for more stringent controls for tank

fittings on floating rooftanks; • inclusion ofVictoria County in 30 TAC Chapter 115 VOC rules limiting emissions from landings of

floating roofs in floating rooftanks; • inclusion ofVictoria County in 30 TAC Chapter 115 VOC rules for control ofVOC emissions from

degassing operations for storage tanks; or 

### • inclusion ofVictoria County in 

### 30 TAC Chapter 114 rule for Texas Low Emission Diesel

(TxLED)-compliant marine diesel. 

### B) Scope required by 

### federal regulations orstate 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 staffrecommendations thatare not required by 

### federal rule orstate statute: None. 

### Statutory authority: The authority to propose and adopt SIP revisions is derived from the following sections ofthe 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 ofthe state's air. This SIP revision is required by §110(a)(l) ofthe 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) ofthe FCAA, including contingency measures. Victoria Countywas designatedCommissioners 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 ofthe 1997 eight-hour ozone standard are implemented, rules affecting operators ofcombustion engines, storage tank facilities, and/or operators ofmarine diesel stations may require revision to include Victoria County. Ifthese 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 ofVictoria and participating businesses. Participating businesses may be asked to curtail activities during high ozone days. B) Public: The public will benefit from continued maintenance ofthe 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 ChiefEngineer's Office, Office of Permitting and Registration, Office ofLegal Services, and Office ofCompliance 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 concerningthis revision.
Publiccomment: A public hearing was held on February 23, 2010, at 6:00p.m. at the City ofVictoria'sNorth 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, 20I0, 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 thatthe TCEQ considerPrevention ofSignificant Deterioration (PSD) sources in the SIP revision. Significant changes from proposal: None. Potential controversial concerns and legislative interest remaining afterproposal and public comment: There is no known controversial concern or legislative interest atthis time.
Does this SIP revision affect any currentpolicies orrequire development of new policies? No.Commissioners Page 4 July 9, 2010
Re: DocketNo. 2009-1258-SIP 

### Whatare the consequences ifthis SIP revision does not go forward? Arethere alternatives to rulemaking? Ifthe 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, orboth. The FCAA provides no alternative to a maintenance plan SIP revision. 

### Agency contacts: Holly Brightwell, Project Manager, 239-4905, Air Quality Division John Minter, StaffAttorney, 239-0663, EnvironmentalLaw Division Attachments cc: ChiefClerk, 7 copies ExecutiveDirector's Office SusanaM. Hildebrand, P.E. Kevin Patteson Curtis Seaton Daniel Womack Office ofGeneral Counsel HollyBrightwellRESPONSE TO COMMENTS RECEIVED REGARDING THE CONTINGENCY PLAN REVISION TOTHE 1997 EIGHT-HOUR OZONE MAINTENANCE PLAN FORTHE

VICTORIA COUNTY OZONE ATTAINEMENT AREA STATE IMPLEMENTATION PLAN REVISION

The commission offered a public hearing in Victoria on February 23,2010, 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 openedbecause noparty 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). RESPONSETO 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 commentperiod to allow time to comment onthe 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) inMarch 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 ofcomment period. The Eight-Hour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area EIwas 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 ofthe maintenanceplan, and is therefore beyond the scope ofthis SIPrevision. The request for the EI was made February 23, 2010, and staffsupplied 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 atorabove 82 ppb will not be developed or implemented until 30 days after notification by the TCEQthat the contingency measure will be required, and there is no specific schedule, procedure ortime limit for the TCEQ to act upon any ofthe triggers.TheTCEQ 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 laterthan 24 months. EPA guidance requires triggers upon a monitored violation ofthe 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 priorto an actual violation, as well as the required trigger upon a violation ofthe 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 afternotification. Thecommission 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 ofair pollution because all triggers prior to a violation ofthe 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 cancontribute 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 duringthe 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 ofVictoria and local businesses. This relationship will continueto benefit both theVictoria area andthe local airquality. 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 ofthe Victoria County 1997 Eight-Hour Ozone Maintenance Plan. No changes to emission

1Maintenance Plan Guidance Document for Certain 8-hour OzoneAreas Under Section 1JO(a)(J) of CleanAirAct, U.S. EPA, May 20,2005 2projections were proposed in this revision. Therefore, the issue ofproposed point source emissions is outside the scope ofthis 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 ofmaintenance 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 ofthe SIP revision concerning ozone NAAQS or the adoption ofEPA'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 ofthe EPA to approve the Victoria County Contingency Plan SIPRevision.

3

# STAFF RECOMMENDATIONSREVISIONS TOTHE STATE OFTEXAS AIR QUALITY IMPLEMENTATIONPLAN FOR THE CONTROLOF OZONE AIR POLLUTION

VICTORI A COUNTY 1997 EIGHT-HOUR OZONE ATTAINMENT AREA

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY P.O. BOX 13087 AUSTIN,TEXAS 7871 1-3087



### CONTINGENCYPLANREVISION TOTHE 1997 

### EIGHTHOUROZONEMAINTENANCE PLAN FORTHE VICTORIA COUNTY OZONE ATTAINMEN T AREA

PROJECTNUMBER 2009-033-SIP-NR

Adoption July 28, 2010Thispage 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 standard1• 

### 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 ofthe 1997 eight-hour ozone National Ambient Air Quality Standard (NAAQS) of0.08 parts permillion (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 partsperbillion (ppb), and the TCEQ determines the cause ofviolation can be controlled within state regulatoryjurisdiction, 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 staffinformed 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 (TAC) rules the TCEQ may choose to amend should Victoria County monitoring data indicate the area has violatedthe 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.

1Maintenance Plan GuidanceDocument for Certain 8-hour OzoneAreas Under Section 1JO(a)(l) of Clean AirAct,

### U.S. EPA, May 20,2005SECTION 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 ofthe state's air, including maintaining adequate visibility.
The first air pollution control act, known as the Clean Air Act ofTexas, 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 TCAAwas codified as Chapter 382 ofthe 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 ofair 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 ofthe TNRCC, the authority over air quality is found in both the Texas Water Code and the TCAA. Specifically, the authority ofthe 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 ofthe 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 81st Texas Legislature, during a special session, amended section 5.014 ofthe Texas Water Code, changing the expiration date of the TCEQ to September 1, 2011, unless continued in existence by the Texas SunsetAct. The TCAA specifically authorizes the TCEQ to establish the level ofquality to be maintained in the state's air and to control the quality ofthe 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 ofemissions; 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 ofthe state as well as with industries and the federal government; and to establish and operate a system ofpermits for construction ormodification offacilities. Local government authority is found in Subchapter E ofthe 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 territorialjurisdiction, 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 ofair pollution not inconsistent with the provisions of the TCAA andthe rules or orders ofthe 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 iithe NAAQS; establish gasoline volatility and low emission diesel standards; and fund and authorize participating counties to implement vehicle repair assistance, retrofit, and accelerated vehicle retirementprograms. 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 ofthe SIP.
Statutes All sections ofeach subchapter are included, unless otherwise noted. TEXAS HEALTH & SAFETY CODE, Chapter 382 TEXAS WATERCODE Chapter 5: Texas Natural Resource Conservation Commission Subchapter A: General Provisions September 1, 2009 September 1, 2009

Subchapter B: Organizationofthe Texas Natural Resource Conservation Commission Subchapter C: Texas Natural Resource Conservation Commission SubchapterD: General Powers and Duties ofthe Commission SubchapterE: Administrative Provisions for Commission SubchapterF: Executive Director (except§§ 5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and 5.236) Subchapter H: Delegation ofHearings Subchapter 1: Judicial Review SubchapterJ: ConsolidatedPermit Processing Subchapter L: Emergency and Temporary Orders(§§ 5.514, 5.5145, and 5.515 only) SubchapterM: 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) SubchapterB: Corrective Action andInjunctive Relief(§ 7.032 only) SubchapterC: Administrative Penalties SubchapterD: Civil Penalties (except § 7.109) SubchapterE: 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 andTemporary Orders and Permits; Temporary Suspension orAmendment ofPermit 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 101: General Air QualityRules March 10, 20 10 Chapter 106: Permits byRule, Subchapter A June 30, 2004 Chapter 111: Control ofAir Pollution from Visible Emissions and Particulate Matter July 19, 2006 Chapter 112: Control ofAir Pollution from Sulfur Compounds July 16, 1997 Chapter 113: Standards ofPerformance for Hazardous AirPollutants and for Designated Facilities and Pollutants May 14, 2009 Chapter 114: Control ofAirPollution from MotorVehicles June 26, 2008 Chapter 115: Control ofAir Pollution from Volatile Organic Compounds March 10, 2010 Chapter 116: Permits for New Construction orModification May 29, 2008 Chapter 117: Control ofAir Pollutionby Control ofAir Pollution from Nitrogen Compounds March4, 2009 Chapter 118: Control ofAir 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 ofEconomic Incentives, Marketable Permits, and Emissions Trading June 3, 2001

ivSECTION VI: CONTROL STRATEGY
A. Introduction (No change) B. Ozone (Revised) 1. Dallas-Fort Worth (No change) 2. Houston-Galveston-Brazoria (No change) 3. Beaumont-PortArthur (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) Chapter2: Attainment Emissions Inventory (No change) Chapter 3: Maintenance Demonstration (No change) Chapter4: MonitoringNetwork (No change) Chapter 5: Contingency Plan (Revised) C. Particulate Matter (No change) D. CarbonMonoxide (No change) E. Lead (No change) F. Oxides ofNitrogen (No change) G. SulfurDioxide (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. CleanAir Interstate Rule (No change) L. Transport (No change) M. Regional Haze (No change)

vCFR EPA FCAA NAAQS NOx ppb ppm psia SIP TAC TACB TCAA TCEQ TNRCC TxLED 

## voc LIST OF ACRONYMS
Code ofFederal Regulations United States Environmental Protection Agency Federal Clean Air Act National Ambient Air Quality Standard Nitrogen Oxides Parts PerBillion Parts PerMillion Poundsper Square Inch Absolute State Implementation Plan Texas Administrative Code TexasAir Control Board Texas Clean Air Act Texas Commission onEnvironmental 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 ofAcronyms Table ofContents List ofAppendices 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 inVictoria County 1.2.1.3 CurrentVictoria County Contingency Plan SIP Revision 1.3 Health Effects 1.4 Public Hearing Information 1.5 Social and Economic Considerations 1.6 Fiscal andManpower Resources Chapter 2: Attainment Emissions Inventory Chapter 3: Maintenance Demonstration Chapter4: MonitoringNetwork Chapter 5: Contingency Plan 5.1 Background 5.2 Contingency Measures andTrigger Levels Appendices

viiAppendix Appendix A Appendix B LIST OF APPENDICES AppendixName City ofVictoria Voluntary Control Measures Response to Comments

viii

### CHAPTER!: GENERAL 1.1 BACKGROUND "The History ofthe Texas State Implementation Plan (SIP)," a comprehensive overview ofthe 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 ofEPAcontractor-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 ofVictoria County ozone data under the new standard, the EPA determined that Victoria County had exceededthe 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 oflaw. The FCAA Amendments required unclassifiable nonattainment areas with incomplete or no data to collect three consecutive years ofmonitored data and to reach attainment by November 15, 1995. Victoria County completed three consecutive years ofmonitoring 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 175A(b) requires states to submit a secondmaintenance 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 Countyhave continuing obligations to comply with the antibackslidingrequirements describedin 40 Code ofFederal 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 ofJune 15, 2004. Also on April 30, 2004 (69 FR 23951), the EPA published the final Phase 1 implementation rule ofthe 1997 eight-hour ozone NAAQS. Sections 51.905(c) and (d) of40 CFR Part 51, Subpart X established anti-backsliding 1-1requirements as part ofthat 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 statesto submit aten-year maintenance plan under Section llO(a)(l) ofthe FCAA. 1.2.1.3 CurrentVictoria 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 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. High concentrations ofone-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 ofbody weight than adults and because children's respiratory systems are still developing. Children also spend a considerable amount oftime outdoors during summer and during the start ofthe 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 withpreexisting 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 ofVictoria's North Main Building. A question and answer session was held 30minutes priorto the hearing. The hearing was not officially openedbecauseno 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 ofthe comment and the TCEQ response is provided as part ofthis SIP revision in Appendix B: Response to Comments.
An electronic version ofthis 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 GuidanceDocument for Certain 8-hour OzoneAreas Under Section 1JO(a)(l) of Clean AirAct, U.S. EPA, May 20,2005 1-21.5 SOCIALAND ECONOMIC CONSIDERATIONS This revision is a continuation ofthe 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 withthis revision.



### 1.6 FISCAL AND MANPOWERRESOURCES The state has determined that its fiscal and manpower resources are adequate and will not be adversely affected through implementation ofthis plan.

1-3

### CHAPTER2: ATTAINMENT EMISSIONS INVENTORY

(No Change)

2-1

### CHAPTER3: MAINTENANCE DEMONSTRATION

(No Change)

3-1CHAPTER4: MONITORINGNETWORK

(No Change)

4-1CHAPTER5: CONTINGENCYPLAN
5.1 BACKGROUND TheUnited States Environmental Protection Agency's (EPA) Phase 1implementation rule for the 1997 eight-hour ozone standard requires that Section llO(a)(l) maintenance plans include contingency provisions to promptly correct an exceedance ofthe National Ambient Air Quality Standard (NAAQS) for ozone. 5.2 CONTINGENCYMEASURES AND TRIGGERLEVELS 

### IfVictoria Countymonitors a three-year eight-hour ozone average at or above 82 parts perbillion (ppb), the City ofVictoria 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 programwill 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 ofVictoria and the local Air Victoria Team to implement various voluntary control measures thatmay include:

• substantially increasing the number ofbusinesses notified on Ozone Advisory Days; • increasing the number ofozone public announcements; and • other voluntary control measures as identified in a letter from the City ofVictoria, dated September 8, 2009 (Appendix A: City of Victoria Voluntary ControlMeasures).
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 aspracticable, butno 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. 

### Ifair quality monitoring data indicate three or more exceedances ofthe 1997 eight-hour ozone NAAQS (measured at 0.08 parts permillion) within one calendaryear, the TCEQ will analyze air quality data, meteorological conditions, transport, and related factors in Victoria County to determine the cause ofthe exceedances. The TCEQ will notify the EPA ofits findings. 

### Ifair 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 mentionedbelow due to technological, societal, economic, and political factors that are impossible to predict. Contingency measures will be implemented as expeditiously aspracticable, but no laterthan 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• Revisionto 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 meetnitrogen oxides (NOx) emission specifications and otherrequirements to reduce NOx emissions and ozone airpollution. • Inclusion ofVictoria County in 30 TAC Chapter 115 volatile organic compounds (VOC) rules for the control ofcrude and condensate storage tanks at upstream oil and gas exploration and production sites ormidstreampipelinebreakout stations withuncontrolled flash emissions greaterthan 25 tonsperyear. • Inclusion ofVictoria County in 30 TAC Chapter 115 VOC rules for more stringent controls for tank fittings on floating rooftanks, such as slotted guidepoles and other openings in internal and external floating roofs. • Inclusion ofVictoria County in 30 TAC Chapter 115 VOC rules limiting emissions from landings offloating roofs in floating rooftanks. • Inclusion ofVictoria 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 ormore storing materials with a true vaporpressure greaterthan 2.6 poundsper square inch absolute (psia), or with a nominal capacity of250,000 gallons or more storing materials with a true vaporpressure of0.5 psia or greater. Degassing vapors from storage vessels, transport vessels, and marine vessels wouldberequired to vent to a control device until the VOC concentration ofthe vapors is reduced to less than 34,000 parts permillionby volume as methane. • Inclusion ofVictoria County in 30 TAC Chapter 114rule for Texas Low EmissionDiesel {TxLED) compliantmarine 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 ofthe 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 ofthe NAAQS.

5-2

### APPENDIX A

City ofVictoria Voluntary Control Measures

### CIT OF 

### V ICTORIA Estahli ·hed I82-l founded 

### By congress. Repuhhc ofTexas, 

### lS3"1

September 8, 2009
Holly Brightwell**E~ '**  tRO'iMEN'f .\L t R\'tCES DI< :P.\Rn rEI'i 

### r 700 MainCe11ter.**Su l~**  

### 108

Air Quality Planning Staff
Dear Holly, The City of Victor ia offers the following voluntary control measures on the Victoria maintenance plan: 

### Deliverables: Deliverables from the Previous Grant Contract under FY2008-2009 that 'vvill continue through 2010-2011:

• Employment ofan Education Specialist to act as aresource onenvironmentaleducation for educators and schools in the Victoria area; • Airquality cunicula (Andy Airedale) in allthird grade classrooms and D1ive Cleru1 Across Texas in allelementaryclassrooms 

### inpublic and plivate schools in Victoria County; • PowerPointpresentations modified for diverse audiences with accompanying educational materials (brochure, collaterals) addressing the subjectmatters ofAir Quality and Health, Medical Presentation for Health CareProfessionals, AirFriendlyLandscaping, Air Victoria-Keep It

### Clean, AirVictoriaTeam, Blue SkyInitiative Idle Reduction and Walking School Bus; • Contributions ofarticles, editmials andphotos to the VictoriaAdvocate newspaper with a circulationof75,000/day and its associated publications; • Conductan ozone season kick offevent orcampaign; • Implement ation ofthe "Statewide Transportation Air QualityPublic Out reach and Education Program" inpartnership with the Texas TransportationInstitute, Texas Depruiment ofTranspotiation, and Texas Commission on Environmental Quality using television spots, billboards, and radio spots to encourageTexans to "Drive Cleanacross Texas" through car-pooling,propervehiclemaintenance and alternative transportation options. • Employment ofTCEQ's web

-based "Today'sAirQuality Forecast" extendingoverfour days, giving participantsmore advance notice enablingbetterplanning ofozone action day activities on television, radio, newspaper and email blast; • Ozone action day messages andTecommendations on National Weather Servicetelephone recordings, web site, television weather infom1ation channels, and weather radio announcements; • Continuedgrowth ofthe AirVictoriaTeam program educating small businesses on methods to reduce emissions focusing onmobile sources; 

## Po

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## 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** **ENT AL**  SER\**c£S F.rA** **Rr l\** **rE~ T**  700 

### Mam Center, Suit e 108



### • Facilitation ofan annualLawn Care EquipmentExchange/purchaseincentive event to exchange gas powered lawn equipment for electricpowered equipment orencourage the use ofelectricpowered lawn equipment; • Facilitation ofan educationalbooth atmajor communit y events with distribution of educational materials andpublic interaction; • Maintenance ofStop at the Click stickers on 1100+ gas pumps in the city ofVictoria; • Implementation ofBlue SkyInitiative to reduce school zone idling includingbus driver /parent /teacher /administrator /student educationprograms andmaterials; • Educational marketing on television, radio, outdoor and printmediaon air quality messages in bothEnglish andSpanish language including: Fuel up, mow and run errands after 5p.m., Rideshare and Tripchain, Stop at the Click,Reduce Idling; • Promote and participate inactivities and educational programs that address how air quality isbenefitedby otherenvironmental concems; • Otherprograms as deemed necessary by staffto reach educational objectives ofthe program. Should any ofthese voluntatycontrol measures require fU11her clarification, pleasebyin touch. Thank you for your support ofour air qualityprogram inVictoria. Regards,

# Clfl~~ C

.MarieLester, Environmental Programs Coordinator City ofVictotia, Environmental Services



### p·o BOX 175S VlC'TORlA

.**II!.XA~** 77'102-17-sts c36 1J tas
-331il

### APPENDIXB

Response to Comments

### RESPONSE TO COMMENTSRECEIVEDREGARDING THE CONTINGENCY PLANREVISION TOTHE 1997 EIGHT-HOUROZONEMAINTENANCE PLANFORTHE

VICTORIA COUNTY OZONE ATTAINEMENT AREA STATE IMPLEMENTATIONPLANREVISION

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, 20I0, close ofcomment 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 ofthe maintenance plan, and is therefore beyond the scope ofthis SIP revision. The request for the EI was made February 23, 2010, and staffsupplied 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 ofthe 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 ofthe triggers.TheTCEQ 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 butno laterthan 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 priorto an actual violation, as well as the required trigger upon a violation ofthe 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 ofthe 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 statedthat 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 ofVictoria and local businesses. This relationship will continueto benefit both theVictoria area and the local airquality.
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, theTCEQ 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 ContingencyPlan portion ofthe Victoria County 1997 Eight-Hour Ozone Maintenance Plan. No changes to emission

1MaintenancePlan GuidanceDocument for Certain 8-hour OzoneAreas Under Section JJO(a)(J) of CleanAirAct, U.S. EPA, May 20, 2005 2

### projections were proposed in this revision. Therefore, the issue ofproposed point source emissions is outside the scope ofthis 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 ofthe ozone NAAQS. The previously submitted maintenance plan and the present contingency measure revision include an emission inventory, monitoring data, growth estimates, a demonstration ofmaintenance of the 1997 eight-hourozone NAAQS, and measures to avoid orcorrect a potentialviolation. 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. Thecommission 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 ofthe SIP revision concerning ozone NAAQS or the adoption ofEPA'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 ofthe EPA to approve the Victoria Courity Contingency Plan SIP Revision.

3

## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

ORDERADOPTING REVISION TOTHE STATEIMPLEMENTATIONP

DocketNo. 2009-1258-SIP rHE STATE OF

### TEXAS COUNTV OF TRAVIS Iherebycertifythruthil> Isatrue andcorrectcopyof

### a Texas Commission on Environmental Qualityc1oa1nant,**~ich** isfiled inthe permanent recordsofthe

### CommlaaiotL GIV8nun rmy hand andthesealofoflloeon

## ~UG 

# 0

# 4201(
Castanuela, ChiefClerk ommissionon EnvironmentalQuality

On July 28, 2010, the Texas Commission on Environmental Quality (Commission), during a public meeting, considered adoption ofthe 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 ofthe state's air and to issue orders consistent with the policies and purposes ofthe Texas Clean Air Act, Chapter 382 ofthe 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 priorto the date ofthe hearing. Apublic 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 ofthe 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 ofthe 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 oftestimony incorporated by reference to this Order. The Commission finds that the analysis oftestimony includes the names ofall 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 ifset forth at length verbatim in this Order.IT IS FURTHER ORDERED BY THE COMMISSION that on behalfofthe Commission, the Chairman should transmit a copy ofthis Order, together with the adopted Victoria County Contingency Plan SIP Revision, to the Regional Administrator ofEPA as a proposed revision to the Texas SIP pursuantto the Federal Clean Air Act, codified at 42U.S. CodeAnn. §§ 7401

- 7671q, as amended. 

### Ifany portion ofthis Order is for any reason held to be invalid by a court ofcompetentjurisdiction, the invalidity ofany portion shall not affect thevalidity ofthe remaining portions.

Date issued: 

# AUG 022010 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY