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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Bryan W. Shaw, Ph.D., Chairman

Buddy Garcia, Commissioner

Carlos Rubinstein, Commissioner

Mark R. Vickery, P.G., Executive Direc!e MAR I I

Protecting Texas by Reducing andPreventing Pollution

March 4,2010

Docket Nos. 2009·0542·RUL; 2009·0744·SIP

Al Armendariz, Ph. D., Regional Administrator

U.S. Environmental Protection Agency - Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

Dear Dr. Armendariz:

On February 10,2010, the Texas Commission on Environmental Quality (Commission) adopted revisions to the

State Implementation Plan (SIP).

The Commission adopted the repeal of §§ 115.620 - 115.622, 115.626, 115.627, and 115.629 of 30 Texas

Administrative Code (TAC) Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and

corresponding revisions to the SIP. This adoption to the Texas Portable Fuel Container (PFC) Rule Repeal SIP

Revision (Texas PFC Rule Repeal SIP) removes Texas PFC regulations from the control strategy for the State of

Texas Air Quality Implementation Plan for the Control of Ozone Air Pollution. This adoption to the SIP revision

incorporates rulemaking repealing state PFC rules and demonstrates that federal PFC standards promulgated in

2007 provide replacement emission reductions. Because those emission reductions are estimated to be equal to

or greater than those derived from the state regulations, the repeal of the Texas PFC rule will not negatively

impact the State of Texas Air Quality Implementation Plan for the Control of Ozone Air Pollution.

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

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

Sincerely,

'f>~~l Chairman

BG/ca

Enclosures

cc: The Honorable Rick Perry, Governor of Texas

Mr. Toby Baker, Office of Budget, Planning and Policy, Office of the 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

printed ()n It'cvclt'd pilprr USil1~ ~(l\'·hasl'J 1111,
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

~.~l-'\~

"0

1

'"' ~'~" :c

r-'~ '"

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Docket Nos. 2009-0542-RUL; 2009-0744-SIP

THE STATE OF TEXAS

COUNTY OF TRAVIS

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

State Implementation Plan, adopted on February 10, 2010, pursuant to 40 Code of Federal Regulations (C.F.R.)

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

Environmental Quality (Commission).

David Brymer, D' ector

Air Quality Divis on

Texas Commission on Environmental Quality
Texas Commission on Environmental Quality

Public Hearing

October 6, 2009

Conceming proposed revisions to the

Texas Portable Fuel Container SIP

Project Number 2009-024-SIP-NR
INTRODUCTION

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

October 6, 2009 to receive testimony regarding a proposed revision to the state implementation plan

(SIP) concerning repeal of the Texas portable fuel container (PFC) rule.

This adoption of the Texas PFC Rule Repeal SIP Revision (Texas PFC Rule Repeal SIP) removes

Texas PFC regulations from the control strategy for the State of Texas Air Quality Implementation

Plan for the Control of Ozone Air Pollution for all affected 1997 eight-hour ozone standard

nonattainment and near nonattainment areas in Texas. This adoption to the SIP revision

incorporates rulemaking repealing state PFC rules and demonstrates that federal PFC standards

promulgated in 2007 provide replacement emission reductions. Because those emission reductions

are estimated to be equal to or greater than those derived from the state regulations, the repeal of

the Texas PFC rule does not negatively impact the State of Texas Air Quality Implementation Plan

for the Control of Ozone Air Pollution.

The comment period closed on October 12, 2009. All testimony and comments have been reviewed

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

is divided into the following four sections:

o Public Notification and Proposal

o Written and Oral Testimony

o Evaluation of Testimony

o Staff Recommendations/Order
Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park 35

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

4484.
PUBLIC 

NOTIFICATION AND 

PROPOSAL 
PUBLIC NOTIFICATION

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

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

Austin American-Statesman, August 31,2009

EI Paso Times, August 31, 2009

Fort Worth Star-Telegram, August 31,2009

Houston Chronicle, August 31, 2009

2. Publication of the Public Hearing Notice in the September 11,2009, issue of the Texas Register

(34 TexReg 6371).

3. Correspondence forwarding the notice of pUblic hearing to the following officials and agencies:

Speaker of the House

Lieutenant Governor

Alamo Area Council of Governments

Capital Area Planning Council

City of Austin, Mayor's Office

City of EI Paso

City of EI Paso, Mayor's Office

City of Fort Worth, Mayor's Offi~e

City of Houston

City of Houston, Mayor's Office

City of Victoria Planning Department

Dallas Department of Environmental and Health Services

Dallas Department of Aviation
East Texas Council of Governments

EI Paso County Judge

EI Paso Metropolitan Planning Organization

Federal Highway Administration

Fort Worth Environmental Management Department

Galveston County Health District

Harris County Public Health and Environmental Services

Harris County Judge

Houston Department of Health and Human Services

Houston-Galveston Area Council

North Central Texas Council of Governments

South East Texas Regional Planning Commission

Tarrant County JUdge

Texas Department of Transportation

Texas Transportation Institute

Travis County Judge

Victoria Metropolitan Planning Organization

Arkansas Department of Pollution Control and Ecology

Louisiana Department of Environmental Quality

New Mexico Environmental Department

Oklahoma Department of Environmental Quality

U. S. Environmental Protection Agency
Example of Newspaper Classified Ad

Austin American-Statesman, August 31, 2009
Bryan W. Shaw, Ph.D., Chairman

Buddy Garcia, Commissioner

Carlos Rubinstein, Commissioner

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

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Protecting Texas by Reducing andPreventing Pollution

NOTICEOFAPUBUCHE~GON

PROPOSED REPEALS TO 30 TAC CHAPTER 115 AND REVISIONS TO THE STATE

IMPLEMENTATION PLAN

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

testimony regarding proposed repeals to 30 Texas Administrative Code (TAC) Chapter 115, Control of

Air Pollution from Volatile Organic Compounds and corresponding revisions to the state implementation

plan.

The proposed rulemaking would repeal the state Portable Fuel Container regulations in order to address

recently adopted federal standards for Portable Fuel Containers. Specifically, the United States

Environmental Protection Agency adopted a federal Portable Fuel Container rule (72 Federal Register

8432, February 26, 2007) that set a national standard for gasoline, diesel, and kerosene Portable Fuel

Containers. All Portable Fuel Containers manufactured on or after Janumy 1, 2009, are required to

comply with the federal standards. The federal standards promulgated are more stringent than the current

state Portable Fuel Container regulations. (Rule Project Number 2008-032-1 15-EN)

The proposed rulemaking would also revise the state implementation plan (SIP) concerning repeal ofthe

.Texas Portable Fuel Container rule. This proposed Texas Portable Fuel Container Rule Repeal SIP

Revision (Texas Portable Fuel Container Rule Repeal SIP) removes Texas Portable Fuel Container

regulations from the control strategy for Texas' Air Quality Impl~entation Plan for the Control of

Ozone Air Pollution. This proposed SIP revision incorporates proposed rulemaking repealing state

Portable Fuel Container rules and demonstrates that federal Portable Fuel Container standards

promulgated in 2007 provide replacement emission reductions. Because those emission reductions are

estimated to be equal to or greater than those derived from the state regulations, the repeal of the Texas

Portable Fuel Container rule will not negatively impact the State of Texas Air Quality Implementation

Plan for the Control ofOzone Air Pollution. (Rule Project Number 2009-024-SIP-NR)

A public hearing on this proposal will be held in Austin on October 6, 2009, at 2:00 p.m., in Building E

Room 201, at the commission's central office located at 12100 Park 35 Circle. The hearing will be

structured for the receipt of oral or written comments. Registration begins 30 minutes prior to the

hearing. Individuals may present oral statements when called upon in order ofregistration. A time limit

may be established to assure enough time is allowed for every interested person to speak. There will be

no open discussion during the hearing; however, commission staff members will be available for

discussion 30 minutes prior to the hearing and will answer questions before and after the hearing.

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

should contact Charlotte Hom, Office of Legal Services at (512) 239-0779. Requests should be made as

far in advance as possible.

P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us
Comments may be submitted to Michael Parrish, MC 205, Office of Legal Services, Texas Commission

on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808.

Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments. File size

restrictions may apply to comments submitted through the eComments system. All comments should

reference the rule or SIP project the comment pertains to: Rule Project Number 2008-032-115-EN for the

proposed Portable Fuel Container Rule Repeal and Project Number 2009-024-SIP-NR for the Portable

Fuel Container SIP Revision. The comment period closes October 12,2009. To view the rules, please

visit http://www.tceq.state.tx.us/nav/rules/propose_adopt.html. Copies of the proposed SIP revision can

be obtained from the commission's Web site at

http://www.tceq.state.tx.us/implementation/air/mobilesource/vetechlfuelprograms.html. For further

information or questions concerning these proposals, please contact Lisa Shuvalov, Air Quality Planning

Section, at (512) 239-4484.
•

•

(3) COMPANY: Mordonio Flores ba Flores Landscaping; DOCKET

NUMBER: 2009-0395-LII-E; TC Q ID NUMBER: RN105639348;

LOCATION: 7507 Compass Driv Austin. Travis County; TYPE OF

FACILIlY: landscaping business hich provides landscape irrigation

installation services; RULES VIO ATED: TWC, §37.oo3, Texas Occupations Code, §1903.251, and 30 :AC §30.5(b) and §344.30, by failing to refrain from advertising or presenting himself to the public

as a person who can perform serv' s for which a license or registration is required when not possess' a current license or registration;

PENALlY: $525; STAFF ATTO Y: Barham Richard, Litigation

Division, MC 175, (512) 239-0107 REGIONAL OFFICE: Austin Regional Office, 2800 South In Highway 35, Suite 100, Austin,

Texas 78704-5712, (512) 339-292 .

(4) COMPANY: Nelson King; DO KETNUMBER: 2oo9-0218-AlRE; TCEQ ID NUMBER: RNl05 68091; LOCATION: 386 Coyote

Trail, Rhome, Wise County; TYP OF FACILIlY: property; RULES

VIOLATED: 30 TAC §1l1.201 d Texas Health and Safety Code,

§382.085(b), by failing to comp with the general prohibition of

outdoor burning by failing to prev nt the burning offurniture, plastic,

paint cans, tires, domestic waste, rush, and miscellaneous construction debris at the site; PENALlY: 1,712; STAFF ATTORNEY: Mike

Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL

OFFICE: Dallas-Fort Worth Regio a1 Office, 2309 Gravel Drive, Fort

Worth, Texas 76118-6951, (817) 5 8-5800.

(5) COMPANY: Total Land De lopment Corporation; DOCKET

NUMBER: 2008-1151-WQ-E; T Q ID NUMBER: RN105346241;

LOCATION: Old 440 Road an Claridge Avenue, Killeen, Bell

County; TYPE OF FACILIlY: su ivision; RULES VIOLATED: 30

TAC §281.25(a)(4) and 40 Code fFederal Regulations §122.26, by

failing to obtain authorization to di barge storm water associated with

construction activities; PENAL $2,100; STAFF ATTORNEY: Jim

Sallans, Litigation Division, MC 75, (512) 239-2053; REGIONAL

OFFICE: Waco Regional Office, 801 Sanger Avenue, Suite 2500,

Waco, Texas 76710-7826, (254) 7 1-0335.

TRD-2oo903867

Kathleen C. Decker

Director, Litigation Divislon

Texas Commission on Environme I Quality

Filed: September 1, 2009

•

Notice of Public Hearing on oposed Repeals to 30 TAC

Chapter 115 and Revisions to the State Implementation Plan

The Texas Commission on Environmental Quality (commission) will

conduct a public hearing to receive testimony regarding proposed repeals to 30 Texas Administrative Code (TAC) Chapter 115, Control of

Air Pollution from Volatile Organic Compounds and corresponding revisions to the state implementation plan.

The proposed rulemaking would repeal the state Portable Fuel Containerregulations in orderto addressrecently adopted federal standards

for Portable Fuel Containers. Specifically, the United States Environmental Protection Agency adopted a federal Portable Fuel Container

rule (72 Federa/ Register 8432, February 26, 2007) that set a national

standard for gasoline, diesel, and kerosene Portable Fuel Containers.

All Portable Fuel Containers manufactured on or afterJanuary 1,2009,

are required to comply with the federal standards. The federal standards promulgated are more stringent than the current state Portable

Fuel Container regulations. (Rule Project Number 2oo8-032-11S-EN)

The proposed rulemaking would also revise the state implementation

plan (SIP) concerning repeal ofthe Texas Portable Fuel Container rule.

This proposed Texas Portable Fuel Container Rule Repeal SIP Revision (Texas Portal:le Fuel Container Rule Repeal SIP) removes Texas

Portable FuelContainerregulationsfrom the controlstrategy for Texas'

Air Quality Implementation Plan for the Control of Ozone Air Pollution. This proposed SIP revision incorporates proposed rulemaking repealing state Portable Fuel Container rules and demonstrates that federal Portable Fue: Container standards promulgated in 2007 provide

replacement emission reductions. Because those emission reductions

are estimated to iJ,: equal to or greater than those derived from the state

regulations, the ":peal ofthe Texas Portable Fuel Container rule will

not negatively impact the State of Texas Air Quality Implementation

Plan for the Control of Ozone Air Pollution. (Rule Project Number

2009-024-SIP-NR)

A public hearing on this proposal will be held in Austin on October

6,2009, at 2:00 p.m., in Building E, Room 201, at the commission's

central office locflted at 12100 Park 35 Circle. The hearing will be

structured for the receipt of oral or written comments. Registration

begins 30 minuteH prior to the hearing. Individuals may present oral

statements when called upon in order ofregistration. A time limit may

be established to assure enough time is allowed for every interested

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

however, commission staff members will be available for discussion

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

after the hearing.

Persons planning to attend the hearing, who have special communication or other 8CI:ommodation needs, should contact Charlotte Horn,

Office ofLegal Services at (512) 239-0779. Requests should be made

as far in advance as possible.

Comments may be submitted to Michael Parrish, MC 205, Of·

fice of Legal Services, Texas Commission on Environmental

Quality, P.O. Box 13087, Austin. Texas 78711-3087, or faxed

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

http://www5.tceq.state.te.us/ru/es/ecomments. File size restrictions

may apply to comments submitted through the eComments system.

All comments should reference the rule or SIP project the comment pertains to: Rule Project Number 2oo8-032-11S-EN for the

proposed Portable Fuel Container Rule Repeal and Project Number

2oo9-024-SIP-NR for the Portable Fuel Container SIP Revision.

The comment period closes October 12, 2009. To view the rules,

please visit http://www.tceq.state.te.usInav/ruJes/propose_adopt.htm/.

Copies ofthe proposed SIP revision can be obtained from the commission's Web site at hItp://www.tceq.state.te.usIimp/ementationiair/mobi/esourcelvetechlfueiprograms.htm/. For further information or

questions concerning these proposals, please contact Lisa Shuvalov,

Air Quality Planning Section, at (512) 239-4484.

TRD-200903797

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: August 28. 2009

•

Notice of Public Hearing on Pr posed Revisions to 30 TAC

Chapter 116 and to the State 1m lementation Plan

The Texas Commission on Enviro ental Quality (commission) will

conduct a public hearing to receive stimony concerning proposed reo

visions to 30 TAC Chapter 116, C ntrol of Air Pollution by Permits

for New Construction or Modific 'on, and to the state implementation plan (SIP). These revisions proposed under the requirements

ofTexas Health and Safety Code, § 82.017; Texas Government Code,

Subchapter B, Chapter 2001; and 40 Code of Federal Regulations,

INADDITION September 11, 2009 34 TexReg 6371
STATE OF TEXAS AIR QUALITY IMPLEMENTATION PLAN

FOR THE CONTROL OF OZONE AIR POLLUTION

FOR ALL AFFECTED 1997 EIGHT-HOUR OZONE STANDARD NONATIAINMENT AND

NEAR NONATIAINMENT AREAS IN THE STATE OF TEXAS

,..,

- -- _ill

TCEQ

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

P.O. BOX 13087

AUSTIN, TEXAS 78711-3087

TEXAS PORTABLE FUEL CONTAINER

STATE IMPLEMENTATION PLAN REVISION

PROJECT NO. 2009-024-SIP-NR

Proposed August 26, 2009
EXECUTIVE SUMMARY

On February 26, 2007, the United States Environmental Protection Agency (EPA) adopted a

federal portable fuel container (pFC) rule (72 Federal Register 8432) that set new national

standards for gasoline, diesel, and kerosene portable fuel containers. All PFCs manufactured on

or after January 1, 2009, must comply with the 2007 federal standards. The current Texas PFC

regulations are not consistent with the new federal standards, as they are based on older PFC

testing methods that were adopted by California in 2001. Proposed rulemaking that repeals the

Texas PFC rule accompanies this proposed Texas PFC Rule Repeal State Implementation Plan

(SIP) revision. This proposed SIP revision incorporates the proposed repeal and demonstrates

that replacement standards from reliance on the federal PFC rules will have no negative impact

on attainment ofthe 1997 eight-hour ozone standard in the State of Texas. Because the federal

PFC rule provides emissions reductions equivalent to or greater than those from the Texas PFC

regulations, repeal of the state rule does not reduce emissions reductions claimed in the State of

Texas Air Quality Implementation Plan for the Control of Ozone Air Pollution. Consequently,

the proposed rule repeal and this proposed SIP revision will not have a negative impact on the

emissions reductions claimed in the SIP.

This proposed Texas PFC SIP revision removes the state PFC rule from the ozone control

strategy in the Texas Air Quality Implementation Plan for the Control of Ozone Air Pollution.

The Texas PFC rule is cited as part of the ozone control strategy in the following Texas SIP

revisions: the Post 1999 Rate-Of-Progress Demonstration Plan For The Houston-GalvestonBrazoria Nonattainment Area (2004), the Five Percent Increment ofProgress (lOP) SIP revision

for the Dallas-Fort Worth (DFW) area (2005), the Eight-Hour Ozone Maintenance Plan For The

Victoria County Ozone Attainment Area (2006), the Austin Area Early Action Compact Ozone

State Implementation Plan Revision (2004), the Beaumont-Port Arthur (BPA) Attainment

Demonstration SIP revision (2005), the Eight-Hour Ozone Flex Program Austin-Round Rock

Metropolitan Statistical Area (2008), the San Antonio Area Early Action Compact Ozone State

Implementation Plan Revision (2004), and Northeast Texas Area Early Action Compact Ozone

State Implementation Plan Revision (2004).

After staff discussions with the EPA it was determined that the repeal ofthe Texas PFC rule and

this revisiop of the SIP would not result in an anti-backsliding issue. Because every fuel

container sold or brought into the state is now required to meet federal PFC standards, the

resulting emissions reductions are expected to exceed those derived from the state PFC rule.

Proposed August 26, 2009
SECTION V: LEGAL AUTHORITY

A. General

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

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

quality 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, and 2007. In 1989, the TCAA was

codified as Chapter 382 ofthe Texas Health & Safety Code.

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

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

resources. In 1991, the legislature abolished the TACB effective September 1, 1993, and its

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

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

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

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

general provisions, organization, and general pOWI~rs 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 changl~d the name of the TNRCC to the Texas

Commission on Environmental Quality (TCEQ).

The TCAA specifically authorizes the TCEQ to estahlish the level of quality 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 of emissions; to conduct research

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

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

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

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

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

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

establish and operate a system 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

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

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

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

the TCAA and the rules or orders ofthe Commission.

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

maintenance programs in certain areas ofthe state, consistent with the requirements ofthe federal

Proposed August 26, 2009 ii
Clean Air Act; coordinate with federal, state, and local transportation planning agencies to

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

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

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

vehicle retirement programs.

B. Applicable Law

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

Implementation Plan (SIP). The rules listed below have previously been submitted as part ofthe

SIP.

Statutes

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

TEXAS HEALTH & SAFETY CODE, Chapter 382

TEXAS WATER CODE

September 1,2007

September 1, 2007

Chapter 5: Texas Natural Resource Conservation Commission

Subchapter A: General Provisions

Subchapter B: Organization ofthe Texas Natural Resource Conservation Commission

Subchapter C: Texas Natural Resource Conservation Commission

Subchapter D: General Powers and Duties ofthe Commission

Subchapter E: Administrative Provisions for Commission

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

5.236)

Subchapter H: Delegation ofHearings

Subchapter I: Judicial Review

SubchapterJ: Consolidated Permit Processing

Subchapter L: Emergency and Temporary Orders (§§ 5.514, 5.5145,

and 5.515 only)

Chapter 7: Enforcement

Subchapter A: General Provisions (§§ 7.001, 7.002, 7.0025, 7.004,

and 7.005 only)

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

Subchapter C: Administrative Penalties

Subchapter D: Civil Penalties (except §7.109)

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

Rules

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

effective dates:

Chapter 7: Memoranda ofUnderstanding, §§ 7.110 and 7.119

Chapter 19: Electronic Reporting

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

Permits; Temporary Suspension or Amendment ofPermit Conditions

May 2, 2002

July 10,2008

July 20, 2006

Proposed August 26, 2009 iii
Chapter 39: Public Notice, §§ 39.201; 39.401; 39.403(a) and (b)(8)-(10);

39.405(£)(1) and (g); 39.409; 39.411 (a), (bXl)-(6), and (8)-(10) and

(cXl)-(6) and (d); 39.413(9), (11), (12), and (14);39.418(a) and (bX3)

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; 55.21(a) - (d), (eX2), (3), and (12), (f) and

(g); 55.101(a), (b), and (cX6) - (8); 55.103; 55.150; 55.152(a)(1), (2),

and (6) and (b); 55.154; 55.156; 55.200; 55201(a) - (h); 55.203;

55205; 55.209, and 55.211

Chapter 101: General Air Quality Rules

Chapter 106: Permits by Rule, Subchapter A

Chapter 111: Control ofAir Pollution from Visible Emissions and

Particulate Matter

Chapter 112: Control ofAir Pollution from Sulfur Compounds

Chapter 113: Standards ofPerformance for Hazardous Air Pollutants

and for Designated Facilities and Pollutants

Chapter 114: Control ofAir Pollution from Motor Vehicles

Chapter 115: Control ofAir Pollution from Volatile Organic Compounds

Chapter 116: Permits for New Construction or Modification

Chapter 117: Control ofAir Pollution by Control ofAir Pollution from

Nitrogen Compounds

Chapter 118: Control ofAir Pollution Episodes

Chapter 122: Federal Operating Permits Program

March 29, 2006

July 5, 2006

January 1, 2009

July 31, 2008

July 19,2006

July 12, 2001

May 14,2009

June 6, 2008

July 19,2007

May 29, 2008

March 4, 2009

May 14,2004

August 3,2006

Proposed August 26, 2009 iv
SECTION VI. CONTROL STRATEGY

A. Introduction (No change)

B. Ozone (Revised)

1. Dallas-Fort Worth (Revised)

2. Houston-Galveston-Brazoria (Revised)

3. Beaumont-Port Arthur (Revised)

4. El Paso (No change)

5. Regional Strategies (No change)

6. Northeast Texas (Revised)

7. Austin Area (Revised)

8. San Antonio Area (Revised)

C. Particulate Matter (No change)

D. Carbon Monoxide (No change)

E. Lead (No change)

F. Oxides ofNitrogen (No change)

G. Sulfur Dioxide (No change)

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

I. Site Specific (No change)

1. Mobile Sources Strategies (No change)

K. Clean Air Interstate Rule (No change)

L. Transport (No change)

M. Regional Haze (No change)

Proposed August 26, 2009 v
LIST OF ACRONYMS

ACT -- Alternative Control Techniques

AD -- Attainment Demonstration

AF -- Air-to-Fuel

APU -- Auxiliary Power Units

ARPDB -- Acid Rain Program Data Base

ATCM - Airborne Toxic Control Measure

auto-GC -- Automated Gas Chromatograph

BACT -- Best Available Control Technology

BCCA-AG -- Business Coalition for Clean Air-Appeal Group

BMP - Best Management Practices

BPA -- Beaumont-Port Arthur

Btu/hr -- British Thermal Units per Hour

Btu/scf-- British Thermal Units per Standard Cubic Feet

CAE -- Cetane Additive Enhanced Diesel Fuel

CAIR -- Clean Air Interstate Rule

CAMx -- Comprehensive Air Model with Extensions

CARB -- California Air Resources Board

CBD -- Houston's Central Business District

CFR -- Code ofFederal Regulations

CMAQ -- Congestion Mitigation and Air Quality

CO -- Carbon Monoxide

CTG -- Control Technique Guidelines

DECS -- Diesel Emission Control Strategy

DERC -- Discrete Emissions Reduction Credits

DFW -- Dallas-Fort Worth

DFW AD SIP - DFW Attainment Demonstration SIP Revision

DPM -- Diesel Particulate Matter

DRRP - Diesel Risk Reduction Program

DV -- Design Value

DVc -- Current Design Value

DVf-- Future Design Value

EAC -- Early Action Compact

EDMS -- Emissions and Dispersion Modeling System

E-GRID-2007 -- Emissions and Generation Resource Integrated Database

EEIRE -- Energy EfficiencylRenewable Energy

EGAS -- Economic Growth Analysis System

EGF -- Electric Generating Facilities

EGU -- Electric Generating Units

E1 -- Emissions Inventory

EPA -- United States Environmental Protection Agency

EPS3 -- Emissions Processing System, Version 3

ERC -- Emission Reduction Credits

ERCOT -- Electric Reliability Council ofTexas

ESAD -- Emission Specification for Attainment Demonstration

ESL -- Energy Systems Laboratory, the Texas A&M University System

F -- Fahrenheit

FAA -- Federal Aviation Administration

FCAA -- Federal Clean Air Act

Proposed August 26, 2009 vi
FCV -- Fuel Cell Vehicle

FGR -- Flue Gas Recirculation

FHWA -- Federal Highway Administration

FR -- Federal Register

FT -- Fischer-Tropsch Diesel Fuel

GIS -- Geographic Information System

GloBEIS -- Global Biosphere Emissions and Interactions System

gpm -- Gallons per Minute

GTM -- Gross Ton Mile

HAP -- Hazardous Air Pollutant

HARC -- Houston Advanced Research Center

HOT -- Heavy-Duty Truck

HECT -- Highly Reactive Volatile Organic Compound Emissions Cap and Trade Program

HGB -- Houston-Galveston-Brazoria

H-GAC -- Houston-Galveston Area Council

HOV -- High Occupancy Vehicle

hp -- Horsepower

HPMS -- Highway Performance Monitoring System

HRVOC - Highly Reactive Volatile Organic Compound

HSC -- Houston Ship Channel

IC -- Internal Combustion

ICI - Industrial, Commercial, and Institutional

IECC -- International Energy Conservation Code

IIM -- Inspection and Maintenance

Ian -- Kilometer

Kvs -- Vertical Exchange Coefficient

LAER -- Lowest Achievable Emission Rate

IblMMBtu -- Pound per Million British Thermal Units

LDAR -- Leak Detection and Repair

LIDIR -- Light Detection and Ranging

LDEQ -- Louisiana Department ofEnvironmental Quality

LDGV -- Light-Duty Gasoline Vehicle

LDT -- Light-Duty Truck

LDV -- Light-Duty Vehicle

LED -- Low Emission Diesel

LEV -- Low Emission Vehicle

LEV n-- California's Low Emission Vehicle nProgram

LIRAP -- Low Income Repair and Assistance Program

LNB -- Low Nitrogen Oxides (NOx) Burners

LNC -- Low Nitrogen Oxides (NOx) Combustors

LNG -- Liquefied Natural Gas

LTO -- Landing and Take-Off

MACT -- Maximum Achievable Control Technology

Mcf-- Thousand Cubic Feet

MCR -- Mid-Course Review

MDPV -- Medium-Duty Passenger Vehicle

MECT -- Mass Emissions Cap and Trade Program

MM5 -- Fifth Generation Meteorological Model

MMBtuIhr -- Million British Thermal Units per Hour

MMcf-- Million Cubic Feet

MMS - Minerals Management Service

Proposed August 26, 2009 vii
MOA -- Memorandum ofAgreement

MON -- Miscellaneous Organic National Emission Standards for Hazardous Air Pollutants

(NESHAP)

mph -- Miles per Hour

MVEB -- Motor Vehicle Emissions Budget

MW -- Megawatts

MY -- Model Year

NAAQS -- National Ambient Air Quality Standard

NCTCOG - North Central Texas Council ofGovernments

NEGF -- Non-Electric Generating Facility

NEI -- National Emissions Inventory

NESHAP -- National Emission Standards for Hazardous Air Pollutants

nglJ -- Nanogram per Joule

NMIM -- National Mobile Inventory Model

NOAA -- National Oceanic and Atmospheric Administration

Non-EGU -- non-Electric Generating Unit

NOx -- Nitrogen Oxides

NOy -- Nitrogen Species

NSCR -- Non-Selective Catalytic Reduction

NTRD -- New Technology Research and Development Program

0 3 -- Ozone

OGV -- Ocean-Going Vessel

PAYD -- Pay As You Drive

PBL -- Planetary Boundary Layer

PEl -- Periodic Emissions Inventory

PFC -- Portable Fuel Container

PERP -- Portable Engine Registration Program

PiG -- Plume-in-Grid

PM -- Particulate Matter

PM2.s-- Particulate Matter 2.5 microns and less

ppb -- Parts Per Billion

ppbC -- Parts Per Billion Carbon

ppbv - Parts Per Billion by Volume

ppm -- Parts Per Million

PSCF -- Potential Source Contribution Factors

PSDB -- Point Source Database

psia -- Pounds per Square Inch Absolute

PUC -- Public Utility Commission

RACT -- Reasonably Available Control Technology

RACM -- Reasonably Available Control Measure

RFP -- Reasonable Further Progress

RMSE -- Root Mean Square Error

ROP -- Rate-of-Progress

RRF -- Relative Reduction Factor

SB -- Senate Bill

SCAQMD -- South Coast Air Quality Management District

scfm -- Standard Cubic Feet per Minute

SCR -- Selective Catalytic Reduction

SEP -- Supplemental Environmental Programs

SETPMTC -- Southeast Texas Photochemical Modeling Technical Committee

SIC -- Standard Industrial Classification

Proposed August 26, 2009 viii
SIP -- State Implementation Plan

SNCR -- Selective Non-Catalytic Reduction

SOV -- Single Occupancy Vehicle

STP -- Surface Transportation Program

SWCV -- Solid Waste Collection Vehicle

TAC -- Texas Administrative Code

TACB -- Texas Air Control Board

TCAA -- Texas Clean Air Act

TCEQ -- Texas Commission on Environmental Quality (commission)

TCM -- Transportation Control Measure

TDM -- Travel Demand Model

TERP -- Texas Emissions Reduction Plan

TexAQS 2000 -- Texas Air Quality Study 2000

TexAQS II -- Texas Air Quality Study 2006

TKE -- Turbulent Kinetic Energy

TNMHC -- Total Non-methane Hydrocarbon

TNRCC -- Texas Natural Resource Conservation Commission

tpd -- tons per day

tpy -- tons per year

TSE -- Truck Stop Electrification

TIl -- Texas Transportation Institute

ruc -- Texas Utility Code

TxDOT -- Texas Department ofTransportation

TxLED -- Texas Low Emission Diesel

USC -- United States Code

VMEP -- Voluntary Mobile Source Emissions Reduction Program

VMT -- Vehicle Miles Traveled

VOC - Volatile Organic Compound

VRU -- Vapor Recovery Unit

ZEB -- Zero Emission Bus

ZEV -- Zero Emissions Vehicle

Proposed August 26, 2009 ix
TABLE OF CONTENTS

Executive Summary

List ofAcronyms

Table ofContents

Chapter 1. Background and Introduction

1.1. General

1.2. Health Effects

1.3. Public/Stakeholder Participation

1.4. Social and Economic Considerations

1.5. Fiscal and Manpower Resources

Chapter 2. Texas PFC Rule Repeal

2.1. Portable Fuel Container (pFC) Requirements

2.2. Emissions Reductions from PFC regulations

2.3. Effect on Texas Ozone Control Strategy

LIST OF APPENDICES

Appendix

A

Table 1.1

Table 2.1

Table 2.2

Table 2.3

Proposed August 26, 2009

Appendix Name

Federal Register Rule vs. Texas Register Rule Portable Fuel Containers,

EPA analysis

LIST OF TABLES

Table Name

Texas SIP revisions that cite the state PFC rule

Comparison ofstate and federal PFC regulations

Statewide VOC emissions reductions (tpd): federal vs. state PFC rules

HGB Area VOC emissions reductions (tpd): federal vs. state PFC rules

x
CHAPTER 1: BACKGROUND AND INTRODUCTION

1.1. GENERAL

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

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

State of Texas may be viewed on the Texas Commission on Environmental Quality's (TCEQ)

Web site at: htt.p://www.tceg.state.tx.us/implementation/air/sip/sipintro.html#History.

The Texas Portable Fuel Container (PFC) regulations became effective on January 1, 2006, as

part of the Texas ozone control strategy described in the 2004 Rate of Progress (ROP) SIP

revision for the Houston-Galveston-Brazoria (HGB) area and was estimated to reduce volatile

organic compounds (VOC) emissions by 12.4 tons per day (tpd) for Texas by 2007. The Five

Percent Increment of Progress (lOP) SIP revision for the Dallas-Fort Worth (DFW) area (2005)

estimates a 2.79 tpd VOC emissions reduction in the DFW nine-county area and 0.63 tpd VOC

reduction in the DFW 100-kilometer area by 2007 from the Texas PFC rules. The Austin Area

Early Action Compact Ozone State Implementation Plan Revision (2004) includes an estimated

0.89 tpd VOC reduction by 2007 from the state rule. The state PFC rule control measure is also

cited in several other Texas SIP revisions, including: the Eight-Hour Ozone Maintenance Plan

For the Victoria County Ozone Attainment Area (2006), the Beaumont-Port Arthur (BPA)

Attainment Demonstration SIP revision (2005), the Eight-Hour Ozone Flex Program AustinRound Rock Metropolitan Statistical Area (2008), the San Antonio Area Early Action Compact

Ozone State Implementation Plan Revision (2004), and Northeast Texas Area Early Action

Compact Ozone State Implementation Plan Revision (2004). Emissions reductions associated

with the state PFC rule are not quantified in the later mentioned SIP revisions. Table 1.1: Texas

SIP Revisions that Cite the State PFC Rule, provides reference information for Texas SIP

revisions that identify the state PFC rule in the ozone control strategy.

On February 26, 2007, the EPA adopted a federal PFC rule (72 Federal Register 8432), setting

new national standards for gasoline, diesel, and kerosene PFCs. All PFCs manufactured on or

after January 1,2009, must comply with those 2007 federal standards. The federal standards are

similar to PFC regulations that were adopted by the State ofCalifornia in 2005.

Current Texas PFC regulations are based on outdated PFC testing methods and are not consistent

with the 2007 federal standards. Proposed rulemaking repealing the Texas PFC rule, Rule Project

No. 2008-032-115-EN Portable Fuel Container (pFC) Rule Repeal, accompanies this proposed

Texas PFC SIP. This SIP revision proposes removal ofthe state PFC rule from the Texas ozone

control strategy and demonstrates that 2007 federal PFC standards provide equal to or greater

emissions reductions than those resulting from state regulations. Sufficient replacement

reductions are expected from the federal rule because every PFC sold or brought into the state

must meet federal PFC standards. Repeal of the state rule does not negatively affect Texas'

attainment of the 1997 eight-hour ozone standard. Commission adoption of the rule repeal and

this SIP revision does not weaken the SIP for the control ofozone. (See Appendix A.)

Proposed August 26, 2009 1
Table 1.1: Texas SIP Revisions that Cite the State PFC Rule '.' . .

TCEQ Project Reference

Number . I SIP Title

". . . . Section Page(s)

2006-023-SIP-NR Eight-Hour Ozone Maintenance Plan SIP Revision 3.3.7 3-8 for the Victoria County Ozone Attainment Area

Five Percent Increment OfProgress Demonstration

2004-096-SIP-AI for the Dallas-Fort Worth Ozone Nonattainment 5.2.2 5-3

Area Eight -Hour Ozone Standard

Post 1999 Rate-Of-Progress Demonstration Plan for Associated Rule

2004-049b-SIP-NR the Houston-Galveston-Brazoria Nonattainment Change (2003-

Area 033-1l4-AI)

2004-086-SIP-NR Austin Area Early Action Compact Ozone SIP 5.3.3.A3 5.9 Revision

2005-020-SIP-NR Beaumont-Port Arthur Ozone Attainment 5.2.1 5-1 Demonstration SIP Revision

2004-085-SIP-NR San Antopio Area Early Action Compact Ozone SIP 5.3.3.A4 5.8 Revision

2004-077-SIP-NR Northeast Texas Area Early Action Compact Ozone 3.6 3-3 SIP Revision

2007-020-MIS-NR Eight-Hour Ozone Flex Program Austin-Round 3.2.2 36 Rock MetroDolitan Statistical Area

1.2 HEALTH EFFECTS

In 1997, the EPA revised the National Ambient Air Quality Standards for ozone from a one-hour

to an eight-hour standard based on scientific data that indicated that the eight-hour standard

provides better protection of public health from longer-term exposures to moderate levels of

ozone. To support the eight-hour ozone standard, the EPA provided information that indicated

that even low levels of ozone can significantly decrease lung capacity temporarily in some

healthy adults and cause inflammation of lung tissue, aggravate asthma, and make people more

susceptible to respiratory illnesses such as bronchitis and pneumonia.

Children are at a higher risk from exposure to ozone since they breathe more air per pound of

body weight than adults and because children's respiratory systems are still developing. Children

also spend a considerable amount of time outdoors during summer and during the start of the

school year (August-October) when ozone levels are typically higher. Adults most at risk to

ozone exposure are outdoor workers, people outside exercising, and individuals with pre-existing

respiratory diseases.

1.3 PUBLICISTAKEHOLDER P ARTICIPATION

The commission will hold a public hearing on this proposed SIP revision for the State ofTexas at

the TCEQ central office, 12100 Park 35 Circle, in Austin, Texas on October 6,2009, at 2:00 p.m.

in Building E, Room 201. The public hearing will be structured for receipt of oral and written

comments by interested persons. individuals may present oral statements when called upon in

order of registration. Open discussion will not be permitted during the public hearing itself;

however, commission staff members will be available to discuss the proposal for 30 minutes prior

to the hearing. Persons with special communication Or accommodation needs should contact

Joyce Spencer, Air Quality Division, at (512) 239-5017, at their earliest convenience.

Proposed August 26, 2009 2
Comments may be submitted to Lisa Sbuvalov, MC 164, Air Quality Division, ChiefEngineer's

Office, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-

3087, or faxed to (512) 239-1500. Electronic comments may be submitted at:

http://www5.tceq.state.tx.us/ru1es/ecomments/. File size restrictions may apply to comments

being submitted via the eComments system. All comments pertaining to this Texas SIP Revision

proposed for the State of Texas should reference Project Number 2009-024-SIP-NR. The

comment period closes on October 12, 2009. Copies of this proposed revision may be obtained

from the commission's Web site, at http://www.tceq.state.tx.us/implementation/air/sip/Hottop.

For further information, please contact Lisa Sbuvalov at (512) 239-4484.

1.4 SOCIAL AND ECONOMIC CONSIDERATIONS

For a detailed explanation of any social or economic issues involved with the proposed

rulemaking to repeal the Texas portable fuel container rule, Rule Project No. 2008-032~115-EN

Portable Fuel Container (PFC) Rule Repeal, please refer to the preamble preceding the rule

proposal package accompanying this proposed SIP revision.

1.S FISCAL AND MANPOWER RESOURCES

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

adversely affected through the implementation ofthis plan.

Proposed August 26, 2009 3
CHAPTER 2: TEXAS PORTABLE FUEL CONTAINER RULE REPEAL

2.1 PORTABLE FUEL CONTAINER (PFC) REQUIREMENTS

PFC regulations control volatile organic compound (VOC) emissions by requlflng specific

container features that limit emissions escape. There are sevfral basic VOC-limiting features that

PFC regulations may require. Current Texas regulations, 30 Texas Administrative Code Chapter

115, Subchapter G, Division 2, and United States regulations, (72 Federal Register 8432), both

limit PFCs to one opening per container. In addition, Texas and federal regulations both require

spouts on PFCs to automatically close and seal when not in use. Another VOC emissionslimiting feature is a spout that automatically shuts off during fuel tank filling when a specific fuel

level is achieved. This auto shut-off feature is required by the Texas PFC rule, but it is not

required by the federal regulations. Finally, a permeation seal or barrier to prevent the passage of

VOC emissions through plastic container walls is an emissiJns-limiting feature required by the

2007 federal PFC standards but not by the state rule.

Table 2.1: Comparison of State and Federal PFC Regulations compares rule requirements for

specific PFC features. As shown, state and federal PFC rules differ in requirements for the

permeation barrier seal and the spout automatic shut-off.

Ta e bl 21.. Comnanson 0 fState and Federal PFC ReeuI'ations "

. ' ControlEeatnre '," ,' .. Stater:nle' .Federal.r:nle " ,.'

One opening ner container Reauired Reauired

Spout: auto close and seal Required Required

Spout: automatic shut-off Required Not required

Permeation barrier seal Not required Required

2.2 EMISSIONS REDUCTIONS FROM PFC REGULATIONS

Table 2.2: Statewide VOC Emissions Reductions(tpd): Federal VS. State PFC Rules, and Table

2.3: HGB Area VOC Emissions Reductions: Federal vs. State PFC Rules, each reveal differences

between estimated volatile organic compounds (YOC) emissions reductions, in tons per ozone

season day (tpd) resulting from the state and federal PFC rules. Table 2.2 reveals statewide

emissions reductions expected from the Texas and U.S. rules. Table 2.3 provides estimated VOC

emissions reductions information for the eight-county Houston-Galveston-Brazoria (HGB) area

anticipated in the 2002 through 2019 period. The estimated reductions for the years shown reflect

applicable subjective percentages associated with rule effectiveness, differences in control types,

and effective dates.

Table 2.2: Statewide VOC Emissions Reductions (tpd): Federal vs. State PFC Rules

Statewide "2002'" . 2008 .' 2011 2014 '2017 " 2018 2019

State 78.22 70.06 55.65 52.07 54.51 55.32 56.14

Federal 78.22 87.25 76.43 56.06 58.69 59.56 60.44

Table 2.3: HGB Area VOC Emissions Reductions (tpd): Federal vs. State PFC Rules

HGB 2002 2008 2011 2014 2017 2018 2019

State 19.45 17.40 13.78 12.87 13.48 13.68 13.88

Federal 19.45 21.70 19.14 14.30 14.97 15.19 15.41

Proposed August 26, 2009
2.3 EFFECT ON TEXAS OZONE CONTROL STRATEGY

Proposed concurrently with this SIP revision is rulemaking that repeals the current Texas PFC

regulations, Rule Project No. 2008-032-115-EN PFC Rule Repeal. This Texas PFC Rule Repeal

SIP revision proposes removal of the state PFC rule from Texas' ozone control strategy and

demonstrates that the 2007 federal PFC standards provide sufficient replacement emissions

reductions for Texas upon repeal ofthe state PFC rule.

The federal PFC rule provides emissions reductions for Texas greater than those resulting from

the Texas PFC rule because every PFC sold or brought into the state must now meet the 2007

federal standards. Table 2.2 and Table 2.3 both show that the 2007 federal PFC rule provides

VOC emissions reductions equal to those benefited from the Texas PFC rule in 2002. The tables

also demonstrate that expected emissions reductions from the federal rule are greater in 2008 and

beyond than the state rule reductions.

Repeal of the state PFC rule will not negatively affect Texas' attainment of the 1997 eight-hour

ozone standard. Commission adoption of the proposed -rule repeal and SIP revision will not

weaken the control strategy in the State ofTexas Air Quality Implementation Plan for the Control

of Ozone Air Pollution. EPA Region 6 staff agrees that the rule repeal does not relax the Texas

ozone control strategy.

Proposed August 26, 2009 2
Appendix A

FederalRegister Rule vs. Texas Register Rule

Portable Fuel Containers

After close inspection ofthe Federal Register 40 CFR Parts 59, 80, 85, and 86

(Control ofAir Pollution from Mobile Sources) and the Texas Register 30 TAC Chapter

115: Control ofAir Pollution from Volatile Organic Compounds, Subchapter G:

Consumer Related Sources, Division 2: Portable Fuel Containers, it has been determined

that the Federal Registerrule is more stringent than the Texas Register rule regarding

Portable Fuel Containers.

Texas Register 30 TAC Chapter 115: Control ofAir Pollution from Volatile

Organic Compounds, Subchapter G: Consumer Related Sources, Division 2, established

requirements relating to the design criteria for portable fuel containers and portable fuel

container spouts. These rules established only design criteria for "no-spill" portable gas

cans and did not establish performance-based standards. These design criteria include the

following requirements: that each portable fuel container have only one hole in the vessel

in order to reduce emissions that occur when vent holes (a small hole in the vessel that is

used to expedite the flow offuel out ofthe portable fuel container) are left open, leading

to evaporative emissions and possibly spillage offuel; that each portable fuel container

spout have an automatic shut-off device to prevent over-filling; that each portable fuel

container spout automatically close and seal when removed from the fuel tank, seal

without leakage when affixed to the portable fuel container vessel, and meet fuel flow

rate and cut offlevel standards. Unlike the Federal Registerrule, the Texas Registerrule
established no emission standards to ensure that complying with the design criteria would

in practice reduce emissions to a particular acceptable level. In addition, the Texas

Registerrule regarding portable fuel containers applied to gas cans only and not diesel

and kerosene containers. Moreover, the Texas Registerregulations did not require the

control of penneation rates through the walls ofportable fuel containers because the cost

of compliance was expected to be large and the reduction in emissions small, relative to

other provisions. As a result, these rules ensured that portable fuel containers

manufactured under these standards released fewer amounts offuel as a result ofspillage

and evaporation only. The Texas Register rule established that no person shall sell,

supply, offer for sale, distribute, or manufacture in Texas any portable fuel container or

portable fuel container spout that was manufactured on or after December 31, 2005,

unless it complies with the standards described in the rule.

The Federal Registerrule regarding portable fuel containers established a

performance based standard of 0.3 grams per gallon per day ofhydrocarbons, rather than

simply establishing particular design criteria like the Texas Register rule did. In addition,

it was determined that the Federal Register rule is more stringent because the standards it

establishes apply for portable gasoline containers as well as portable diesel and kerosene

containers. This was done because portable diesel and kerosene containers could easily

be Used for gasoline since these containers are manufactured by the same manufacturers

as are gasoline containers and are identical to gasoline containers, except for color (diesel

containers are yellow and kerosene containers are blue). Unlike the Texas Register rule,

the Federal Register rule also clarifies that utility jugs are considered portable fuel

containers and therefore subject to the program.. Utility jugs are designed and marketed

2
for use with gasoline, often to fuel recreational equipment such as all-terrain vehicles and

personal watercraft. In addition to the performance-based standard of 0.3 grams per

gallon per day ofhydrocarbons, the Federal Register rule also established test procedures

and a certification and compliance program, in order to ensure that containers meet the

emission standard over a range ofin-use conditions. The Texas Register rule established

no such procedures and programs. The Federal Register rule established a system of

regulations for portable fuel containers that includes test conditions designed to assure

that the intended emission reductions occur over a range ofin-use conditions such as

operating at different temperatures, with different fuels, and considering factors affecting

durability. Whether the performance-based standard of 0.3 grams per gallon per day of

hydrocarbons is complied with is to be determined based on the emissions from the

portable fuel container over a diurnal test cycle. The diurnal test measures hydrocarbon

emissions from the portable fuel container due to permeation and evaporative losses from

the container as a whole. In addition, the Federal Register established three durability

aging cycles to help ensure durable permeation barriers: slosh, pressure-vacuum cycling,

and ultraviolet (UV) exposure. The purpose ofthese durability/deterioration cycles is to

help ensure that the technology chosen by the manufacturers is durable in-use,

representing best available control, and the measured emissions are representative ofinuse permeation rates. The Federal Register rule also established a durability

demonstration for portable fuel container spouts to help ensure quality spout designs that

do not fail in-use and result in spillage. Unlike the Texas Registerrule; the Federal

Register rule takes into consideration that emissions from portable fuel containers are

usually higher in containers that have been in use for a longer period oftime, as opposed

3
to only considering emissions from new portable fuel containers. Unlike the Texas

Register rule, the Federal Register rule did not establish automatic shut-offrequirements

because they were found to be counterproductive at the time. Automatic shut-offis a

feature that stops the flow offuel when the fuel reaches the top ofthe receiving tank in

order to prevent over-filling. However, it was determined that due to a wide variety of

receiving fuel tank designs, the auto shut-offspouts do not work well with a variety of

equipment types, resulting in fuel spillage and customer dissatisfaction. Instead, the

Federal Register rule determined that automatic closing cans, even without automatic

shut-offrequirements, would lead to reduced spillage. Automatic closure is a feature that

allows the spout to automatically close and remain sealed when removed from the target

fuel tank, and remains completely closed when not dispensing fuel. The emission

standards established by the Federal Register were based on the performance ofbest

available control technologies, such as durable permeation barriers, automatically closing

spouts, and cans that are well-sealed. It was assumed that the emission standards

established by the Federal Register rule will result in the use ofthese control

technologies. The adoption ofthe performance-based standards for portable fuel

containers (gas cans, as well as diesel and kerosene containers) established by the

Federal Register aimed to reduce hydrocarbon emissions from evaporation, spillage, and

permeation.

In conclusion, inspection and comparison ofthe Federal Register 40 CFR Parts

59, 80, 85, and 86 (Control ofAir Pollution from Mobile Sources) and the Texas Register

30 TAC Chapter 115: Control ofAir Pollution from Volatile Organic Compounds,

Subchapter G: Consumer Related Sources, Division 2: Portable Fuel Containers, reveals

4
that the Federal Register rule regarding Portable Fuel Containers is more stringent than

the Texas Registerrule.

5
WRITTEN AND 

ORAL TESTIMONY 
Reference Number

INDEX OF WRITIEN TESTIMONY

Submitted By

No written testimony was received pertaining to this proposal.
Reference Number

INDEX OF ORAL TESTIMONY

Submitted by

No oral testimony was received pertaining to this proposal.
HEARlNG OF.FICER REPORT

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

repeals to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic

Compounds and corresponding revisions to the state implementation plan, Rule Project

Numbers 2008-032-115-EN and 2009-024-SIP-NR

A public hearing was scheduled for October 6, 2009 at the commission's central office.

At 2:00 PM, the room was open; TCEQ staff and a court reporter w~ present and ready

to open the hearing for public comment. After waiting for ten minutes, no one bad

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

opened for comment and no transcript was prepared.

Date signed
Texas Commission on Environmental Quality

Public Hearing Registration

Date: October 6, 2009

Time: 2:00 PM

Rule Project No.: ~OO8-032-115-EN and 2009-024-8IP-NR

Short Title: Portable Fuel Container Rule Repeal and SIP Revision

Location: TCEa Complex, 12100 Pari< 35 Circle, Building E, Room 2018, Austin, Texas

Concerning: Proposed repeals to 30 TAC Chapter 115 and corresponding revisions to the state imf?lementation plan

- 1 -

Name and Phone No. or E-mail Address

(Please Print) Representing Presenting Oral Testimony?

(Circle One)

No

Yes No

Yes No

Ves No

Ves No

Ves No
EVALUATION OF 

TESTIMONY 
iBkOFFICB MEMoRANDUM

Texas Commi,ion on Environmental Quality

To: Commissionors Date: January 22, 2010

Thru: LaDonna Castaftuela, ChiefClerk

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

From: AJVsuSana M. Hildebrand, P.E." ChiefEngineer "f'ChiefEngineer's Office

Docket No.: 2009-o744-SIP

Subject: Commission Approval ofa Revision to the state Implementation Plan (SIP) for the

Control ofOzone Air Pollution for All Affected 1997 Eight-Hour Ozone Stlmdard

Nonattainment and Near Nonattainment Areas in the State ofTexas

Project No. 2009-o24-SIP-NR - State ofTexas Portable Fuel Container(PFC) Rule

Repeal SIP Revision for the 1997 Eight-Hour Ozone Standard

Background and reason(s) for the SIP revision:

On Febroary 26, 2007, the United States Environmental Protection Agency (EPA) adopted federal

regulations that limit the evaporative hydrocarbon emissions ~m gasoline, diese~ and kerosene

PFCs to OJ grams per gallon per day (72 Federal Register 8432). All PFCs manufactured on or aflm

Janumy 1, 2009, required to comply with the federal standards. The cummt Texas PFC

regulations are inconsistent with the federal standards, because the Texas PPC regulations were

based on PFC testing methods adopted by the CaliforniaAir Resources Board (GARB) in'2001. The

adopted statewide SIP revision will remove the state's PFC role as an ozone control strategy from the

SIP.

The Texas PPC program, which became effective January 1, 2006, was included in the 2004 Rate of

Progress SIP revision for the Houston-Galveston-Brazoria area, the Five Percent Increment of

Progress SIP revision for the Dallas-Fort Worth area; the 2006 Victoria SIP revision, the 2004 Early

Action Compact (BAC) SIP revision for the Austin area, the 2005 Beaumont-Port Arthur Attainment

Demonstration SIP revision, the 2008 Austin-Round Rock Eight-Hour Ozone Flex Memorandum of

Agreement Plan, the 2004 San Antonio BAC SIP revisi~ and the 2004 Northeast Texas BAC SIP

revision.

The adopted statewide SIP revision will demonstrate that the repeal of the cU1Te1lt Texas PFC

regulations and reliance on the new federal PFC standards will have no negative impact on the SIP. '

The estimated emission reductions applicable to the implementation ofthe federal PFC rule in Texas

are expected to be equivalent to the current Texas PFC rule in the early years and to provide greater

reductions in the later years. Therefore, the adopted repeal of the state PFC role will not have a

negative impact on the emission reductions claimed inthe Texas SIP.

The EPA, Region 6, indicated a PFC rule repeal and SIP revision will not be construed as a SIP

relaxation. Emission reductions from the federal PFC role are expected to ultimately exceed those
Commissioners

Page 2

Janumy 22,2010

Re: Docket No. 2009-o744-SIP

from the state PFC rule, because evmy fuel container sold or brought into the :rtate from elsewhere

will be required to meet the federal PPC standards.

Scope ofthe SIP revision:

A) Summary ofwhat the SIP revision will do: The SIP revision will reflect the adoPtion ofthe

PFC rule repeal.

B) Scope required by federal regulations orstate statutes: None.

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

Revise the Texas SIP to reflect the PPC rule repeal.

Statutory authority:

The SIP revision will be adopted under Texas Health and Safety Code (THSC), §382.002,

concerning Policy and Purpose, which establishes the commission's pmpose to safeguard the state's

air resources, consistent with the protection ofpublic health, general welfare, and physical property;

§382.011, concerning General Powers and Duties, which authorizes the commission to control the

quality of the state's air; §382.012, concerning State Air Control Plan, which authorizes the

commission to prepare and develop a general, comprehensive plan for the con1rol ofthe state's air;

§382.014, concerning Emission Inventory; §382.016, concerning Monitoring Requirements; House

Bill 2481, §2, codified in THSC, §382.0173, concerning Adoption ofRules Regarding Certain SIP

Requirements and Standards ofPerformance for Certain Sources; §382.054, concerning Federal

Operating Permit; and Federal Clean Air Act (FCAA), 42 United States Code (USC), §§7401 et

seq., which requires states to submit plans establishing standards ofperformance for existing sources

of pollutants for which National Ambient Air Quality Standards have not been established. and

providing for the implementation and enforcement ofsuch standarclsofperformance.

·The adopted repeal ofthese secticms will implement TIISC, §§382.002, 382.011, 382.012,382.014,

382.016,382.0173,382.054, and FCAA, 42 USC, §§7401 et seq.

Effect on the:

A) RegaJated eommUDity: The' adopted SIP revision will have no impact on the regulated

community. I

B) PubBe: The adopted SIP reviSion will have no impact on the public.

. C) Agency programs: The adopted SIP revision will have no impact on agency programs. The

estimated emission reductions applicable to the implementation ofthe federal PPC rule in Texas are

expected to be equivalent to the current Texas PPC rule in the early years and to provide greaier

reductionsin the later years.

Stakeholder meetings:

No stakeholder meetings were held.
Commissioners

Page 3

Jan1181'Y 22,2010

Re: Docket No. 2009-0744-SIP

Public comment:

TCEQ staffWCl'e present atthe following time and location to conduct a public bearing on the proposed SIP

revision and role pacbge. No member ofthe public wished to present comments, so staffdid not opcm. the

public hearing.

CITY DATE TIME LOCATION

Austin October 6, 2009 2:00p.m. Texas Commission on Environmental Quality

12100 North 1-35 ,

Buildin2 E. Room 201

The comment period opened on September 11,2009, and closed on October 12, 2009. No written comments

were received during the comment period.

Siplfleant changes from proposal:

There.were no changes from the proposal.

- Potential controvenial concerJII and legislative interest remainiDl after proposal and public comment:

None.

Does thiI SIP revision aft'ect any current policies or require development of new policies?

No. .

. . What are the couequenc:ea ifthis SIP revision does not 10 forward? Are there alternatives to the SIP

revision?

The ozone control strategy used in the SIP for limiting volatile organic compound (VOC) emissions

from PFCs will be less stringent than the federal role.

• Alternatives: Do not repeal the PFC role and not revise the SIP. However, manufacturers would

be subject to both the Texas PFC rule and the federal role, which could result in confusion for

manufacturers.

Key poin1B in adoption SIP revision schedule:

Taas Register proposal publication date: NtA

Anticipated Tt!XIIS Register publication date: NtA

Anticipated effective date: NtA

Six-month Texas Register filing deadline: NtA

Agency eontaets:

Lisa Shuvalov, Rule ProjectManager, 239-4484, Air Quality Division

Chrissie Angeletti, StaffAttorney, 239-1204

Michael Parrish, Texas Register Coordinator, 239-2548

Attachments: None.
Commissioners

Page 4

January 22, 2010

Re: DocketNo. 2009-0744-SIP

cc: ChiefClerki 5 copies

Executive Director's Office

Susana M. Hildebrand, P.E.

Kevin Patteson

Curtis Seaton

Daniel Womack

Office ofGeneral Counsel

Lisa Shuvalov

Chrissie Angeletti
STAFF 

RECOMMENDATIONS
STATE OF TEXAS AIR QUALITY IMPLEMENTATION PLAN

FOR THE CONTROL OF OZONE AIR POLLUTION

FOR ALL AFFECTED 1997 EIGHT-HOUR OZONE STANDARD NONATTAINMENT AND

NEAR NONATTAINMENT AREAS IN THE STATE OF TEXAS

..,

- -- III

TCEQ

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

P.O. BOX 13087

AUSTIN, TEXAS 78711-3087

TEXAS PORTABLE FUEL CONTAThffiR

STATE IMPLEMENTATION PLAN REVISION

PROJECT NO. 2009-024-SIP-NR

Adoption February 10,2010
EXECUTIVE SUMMARY

On February 26, 2007, the United States E~vironmental Protection Agency (EPA) adopted a

federal portable fuel container (PFC) rule (72 Federal Register 8432) that set new national

standards for gasoline, diesel, and kerosene portable fuel containers. All PFCs manufactured on

or after January I, 2009, must comply with the 2007 federal standards. The current Texas PFC

regulations are not consistent with the new federal standards, as they are based on older PFC

testing methods that were adopted by California in 2001. The adoption ofrulemaking that repeals

the Texas PFC rule accompanies the adoption of the Texas PFC Rule Repeal State

Implementation Plan (SIP) revision. This adoption ofthis SIP revision incorporates the adopted

repeal and demonstrates that replacement standards from reliance on the federal PFC rules will

have no negative impact on attainment of the 1997 eight-hour ozone standard in the State of

Texas. Because the federal PFC rule provides emissions reductions equivalent to or greater than

those from the Texas PFC regulations, repeal of the state rule does not reduce emissions

reductions claimed in the State of Texas Air Quality Implementation Plan for the Control of

Ozone Air Pollution. Consequently, the adoption ofthe rule repeal and the adoption of this SIP

revision will not have a negative impact on the emissions reductions claimed in the SIP.

This adoption ofthe Texas PFC SIP revision removes the state PFC rule from the ozone control

strategy in the Texas Air Quality Implementation Plan for the Control of Ozone Air Pollution.

The Texas PFC rule is cited as part of the ozone control strategy in the following Texas SIP

revisions: the Post 1999 Rate-Cf-Progress Demonstration Plan For The Houston-GalvestonBrazoria Nonattainment Area (2004), the Five Percent Increment ofProgress SIP revision for the

Dallas-Fort Worth area (2005), the Eight-Hour Ozone Maintenance Plan For The Victoria County

Ozone Attainment Area (2006), the Austin Area Early Action Compact (EAC) Ozone SIP

Revision (2004), the Beaumont-Port Arthur Attainment Demonstration SIP revision (2005), the

San Antonio Area EAC Ozone SIP Revision (2004), and the Northeast Texas Area EAC Ozone

Revision (2004). The PFC rule is also included in the Austin-Round Rock Eight-Hour Ozone

Flex Memorandum ofAgreement Plan (2008).

After staff discussions with the EPA, it was determined that the repeal ofthe Texas PFC rule and

this revision of the SIP would not result in an anti-backsliding issue. Because every fuel

container sold or brought into.the state is now required to meet federal PFC standards, the

resulting emissions reductions are expected to exceed those derived from the state PFC rule.

Adoption February 10,2010
SECTION V: LEGAL AUTHORITY

A. General

The Tl~xas Commission on Environmental Quality (TCEQ) has the legal authority to implement,

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

quality ofthe state's air, including maintaining adequate visibility.

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

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

compr,ehensive 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, WId 2007. In 1989, the TCAA was

codifit:d as Chapter 382 ofthe Texas Health & Safety Code.

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

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

reSOUf1;es. In 1991, the legislature abolished the TACB effective September 1, 1993, WId its

powem, duties, responsibilities, WId functions were transferred to the Texas Natural Resource

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

quality is found in both the Texas Water Code WId the TCAA. Specifically, the authority ofthe

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

general provisions, orgWIization, WId general powers WId duties of the TNRCC, WId the

responsibilities WId authority ofthe executive director. This chapter also authorizes the TNRCC

to implement action when emergency conditions arise, WId 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, WId chWIged the name of the TNRCC to the Texas

Commission on Environmental Quality (TCEQ). In 2009, the 81 st Texas Legislature, during a

special session, amended § 5.014 of the Texas Water Code, chWIging the expiration date of the

TCEQ to September 1,2011, unless continued in existence by the Texas Sunset Act.

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in

the state's air WId to control the quality ofthe state's air by preparing WId developing a general,

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

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

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

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

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

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

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

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

establish WId 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 WId make inspections. They also may make

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

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

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

ordinWlces for the control WId abatement of air pollution not inconsistent with the provisions of

the TCAA WId the rules or orders ofthe commission.

Adoption February 10,2010 ii
Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and

maintenance programs in certain areas ofthe state, consistent with the requirements ofthe federal

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

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

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

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

vehicle retirement programs.

B. Applicable Law

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

Implementation Plan (SIP). The rules listed below have previously been submitted as part ofthe

SIP.

Statutes

All sections ofeach subchapter are included, unless otherwise q'Oted.

TEXAS HEALTH and SAFETY CODE, Chapter 382

TEXAS WATER CODE

September 1, 2009

September 1, 2009

Subchapter H:

Subchapter I:

Subchapter J:

Subchapter L:

Chapter 5: Texas Natural Resource Conservation Commission

Subchapter A: General Provisions

Subchapter B: Organization ofthe Texas Natural Resource Conservation Commission

Subchapter C: Texas Natural Resource Conservation Commission

Subchapter D: General Powers and Duties ofthe Commission

Subchapter E: Administrative Provisions for Commission

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

5.236)

Delegation of Hearings

Judicial Review

Consolidated Permit Processing

Emergency and Temporary Orders (§§ 5.514, 5.5145,

and 5.515 only)

Chapter 7: Enforcement

Subchapter A: General Provisions (§§ 7.001, 7.002, 7.0025, 7.004,

and 7.005 only)

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

Subchapter C: Administrative Penalties

Subchapter D: Civil Penalties (except §7.109)

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

Rules

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

effective dates:

Chapter 7: Memoranda ofUnderstanding, §§ 7.110 and 7.119

Chapter 19: Electronic Reporting

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

Permits; Temporary Suspension or Amendment ofPermit Conditions

May 2,2002

March 1, 2007

July 20, 2006

Adoption February 10, 2010 iii
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)(l)-(6), and (8)-(10) and

(cXl)-(6) and (d); 39.413(9), (11), (12), and (14); 39.418(a) and (bX3)

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 March 29, 2006

Chapter 55: Requests for Reconsideration and Contested Case Hearings;

Public Comment, §§ 55.1; 55.21(a) - (d), (e)(2), (3), and (12), (f) and

(g); 55.101(a), (b), and (cX6) - (8); 55.103; 55.150; 55.152(a)(I), (2),

and (6) and (b); 55.154; 55.156; 55.200; 55.201(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: Pennits 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 ofPerfonnance for Hazardous Air Pollutants

and for Designated Facilities and Pollutants May 14, 2009

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

Chapter lIS: Control ofAir Pollution from Volatile Organic Compounds July 19,2007

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

Chapter 117: Control ofAir Pollution by Control ofAir Pollution from

Nitrogen Compounds March 4, 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 Pennit Revisions June 3, 2001

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

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

Chapter 122: § 122.218 Minor Pennit Revision Procedures for Permit

Revisions Involving the Use ofEconomic Incentives, Marketable

Pennits, and Emissions Trading June 3, 2001

Adoption February 10, 2010 iv
SECTION VI. CONTROL STRATEGY

A. Introduction (No change)

B. Ozone (Revised)

1. Dallas-Fort Worth (Revised)

2. Houston-Galveston-Brazoria (Revised)

3. Beaumont-Port Arthur (Revised)

4. EI Paso (No change)

5. Regional Strategies (No change)

6. Northeast Texas (Revised)

7. Austin Area (Revised)

8. San Antonio Area (Revised)

C. Particulate Matter (No change)

D. Carbon Monoxide (No change)

E. Lead (No change)

F. Oxides ofNitrogen (No change)

G. Sulfur Dioxide (No change)

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

I. Site Specific (No change)

J. Mobile Sources Strategies (No change)

K. Clean Air Interstate Rule (No change)

L. Transport (No change)

M. Regional Haze (No change)

Adoption Febl118IY 10,2010 v
LIST OF ACRONYMS

ACT -- Alternative Control Techniques

AD -- Attainment Demonstration

AF -- Air-to-Fuel

APU-- Auxiliary Power Units

ARPDB -- Acid Rain Program Data Base

ATCM - Airborne Toxic Control Measure

auto-GC -- Automated Gas Chromatograph

BACT -- Best Available Control Technology

BCCA-AG -- Business Coalition for Clean Air-Appeal Group

BMP -- Best Management Practices

BPA -- Beaumont-Port Arthur

Btu/hr -- British Thennal Units per Hour

Btu/scf-- British Thennal Units per Standard Cubic Feet

CAE -- Cetane Additive Enhanced Diesel Fuel

CAIR -- Clean Air Interstate Rule

CAMx -- Comprehensive Air Model with Extensions

CARB -- California Air Resources Board

CBD -- Houston's Central Business District

CFR -- Code ofFederal Regulations

CMAQ -- Congestion Mitigation and Air Quality

CO -- Carbon Monoxide

CTG -- Control Technique Guidelines

DECS -- Diesel Emission Control Strategy

DERC -- Discrete Emissions Reduction Credits

DFW -- Dallas-Fort Worth

DFW AD SIP - DFW Attainment Demonstration SIP Revision

DPM -- Diesel Particulate Matter

DRRP -- Diesel Risk Reduction Program

DV -- Design Value

DVc -- Current Design Value

DVf-- Future Design Value

EAC -- Early Action Compact

EDMS -- Emissions and Dispersion Modeling System

E-GRID-2007 -- Emissions and Generation Resource Integrated Database

EE/RE -- Energy EfficiencylRenewable Energy

EGAS -- Economic Growth Analysis System

EGF -- Electric Generating Facilities

EGU -- Electric Generating Units

EI -- Emissions Inventory

EPA -- United States Environmental Protection Agency

EPS3 -- Emissions Processing System, Version 3

ERC -- Emission Reduction Credits

ERCOT - Electric Reliability Council ofTexas

ESAD -- Emission Specification for Attainment Demonstration

ESL -- Energy Systems Laboratory, the Texas A&M University System

F -- Fahrenheit

FAA -- Federal Aviation Administration

FCAA -- Federal Clean Air Act

Adoption February 10,2010 vi
FCV -- Fuel Cell Vehicle

FGR -- Flue Gas Recirculation

FHWA -- Federal Highway Administration

FR -- Federal Register

FT -. Fischer-Tropsch Diesel Fuel

GIS -- Geographic Information System

GloBEIS -- Global Biosphere Emissions and Interactions System

gpm -- Gallons per Minute

GTM -- Gross Ton Mile

HAP -- Hazardous Air Pollutant

HARC -- Houston Advanced Research Center

HOT -- Heavy-Duty Truck

HECT -- Highly Reactive Volatile Organic Compound Emissions Cap and Trade Program

HGB -- Houston-Galveston-Brazoria

H-GAC -- Houston-Galveston Area Council

HOV -- High Occupancy Vehicle

hp -- Horsepower

HPMS -- Highway Performance Monitoring System

HRVOC - Highly Reactive Volatile Organic Compound

HSC - Houston Ship Channel

IC -- Internal Combustion

ICI -- Industrial, Commercial, and Institutional

IECC -- International Energy Conservation Code

11M -- Inspection and Maintenance

km -- Kilometer

Kvs -- Vertical Exchange Coefficient

LAER -- Lowest Achievable Emission Rate

Ib/MMBtu -- Pound per Million British Thermal Units

LDAR -- Leak Detection and Repair

LIDIR -- Light Detection and Ranging

LDEQ -- Louisiana Department ofEnvironmental Quality

LOGV -- Light-Duty Gasoline Vehicle

LDT -- Light-Duty Truck

LDV -- Light-Duty Vehicle

LED -- Low Emission Diesel

LEV -- Low Emission Vehicle

LEV IT -- California's Low Emission Vehicle IT Program

LIRAP - Low Income Repair and Assistance Program

LNB -- Low Nitrogen Oxides (NOx) Burners

LNC -- Low Nitrogen Oxides (NOx) Combustors

LNG -- Liquefied Natural Gas

LTO -- Landing and Take-Off

MACT -- Maximum Achievable Control Technology

Mcf-- Thousand Cubic Feet

MCR -- Mid-Course Review

MDPV -- Medium-Duty Passenger Vehicle

MECT -- Mass Emissions Cap and Trade Program

MM5 -- Fifth Generation Meteorological Model

MMBtuIhr -- Million British Thermal Units per Hour

MMcf-- Million Cubic Feet

MMS -- Minerals Management Service

Adoption February 10,2010 vii
MOA -- Memorandum ofAgreement

MON -- Miscellaneous Organic National Emission Standards for Hazardous Air Pollutants

(NESHAP)

mph -- Miles per Hour

MVEB -- Motor Vehicle Emissions Budget

MW -- Megawatts

MY -- Model Year

NAAQS -- National Ambient Air Quality Standard

NCTCOG - North Central Texas Council ofGovemments

NEGF -- Non-Electric Generating Facility

NEI -- National Emissions Inventory

NESHAP -- National Emission Standards for Hazardous Air Pollutants

ng/J -- Nanogram per Joule

NMIM - National Mobile Inventory Model

NOAA -- National Oceanic and Atmospheric Administration

Non-EGU -- non-Electric Generating Unit

NOx -- Nitrogen Oxides

NOy -- Nitrogen Species

NSCR -- Non-Selective Catalytic Reduction

NTRD -- New Technology Research and Development Program

0 3 -- Ozone

OGV -- Ocean-Going Vessel

PAYO -- Pay As You Drive

PBL -- Planetary Boundary Layer

PEl -- Periodic Emissions Inventory

PFC -- Portable Fuel Container

PERP -- Portable Engine Registration Program

PiG -- Plume-in-Grid

PM -- Particulate Matter

PM2.5 -- Particulate Matter 2.5 microns and less

ppb -- Parts Per Billion

ppbC -- Parts Per Billion Carbon

ppbv -- Parts Per Billion by Volume

ppm -- Parts Per Million

PSCF -- Potential Source Contribution Factors

PSDB -- Point Source Database

psia -- Pounds per Square Inch Absolute

PUC -- Public Utility Commission

RACT - Reasonably Available Control Technology

RACM -- Reasonably Available Control Measure

RFP -- Reasonable Further Progress

RMSE -- Root Mean Square Error

ROP -- Rate-of-Progress

RRF -- Relative Reduction Factor

SB -- Senate Bill

SCAQMD -- South Coast Air Quality Management District

scfm -- Standard Cubic Feet per Minute

SCR -- Selective Catalytic Reduction

SEP -- Supplemental Environmental Programs

SETPMTC -- Southeast Texas Photochemical Modeling Technical Committee

SIC -- Standard Industrial Classification

Adoption February 10,2010 viii
SIP -- State Implementation Plan

SNCR -- Selective Non-Catalytic Reduction

SOV -- Single Occupancy Vehicle

STP -- Surface Transportation Program

SWCV -- Solid Waste Collection Vehicle

TAC -- Texas Administrative Code

TACB -- Texas Air Control Board

TCAA -- Texas Clean Air Act

TCEQ -- Texas Commission on Environmental Quality (Commission)

TCM -- Transportation Control Measure

TDM -- Travel Demand Model

TERP -- Texas Emissions Reduction Plan

TexAQS 2000 -- Texas Air Quality Study 2000

TexAQS n-- Texas Air Quality Study 2006

IKE -- Turbulent Kinetic Energy

lNMHC -- Total Non-methane Hydrocarbon

TNRCC -- Texas Natural Resource Conservation Commission

tpd -- tons per day

tpy -- tons per year

TSE -- Truck Stop Electrification

TTl -- Texas Transportation Institute

ruc -- Texas Utility Code

TxDOT -- Texas Department ofTransportation

TxLED -- Texas Low Emission Diesel

USC -- United States Code

VMEP -- Voluntary Mobile Source Emissions Reduction Program

VMT -- Vehicle Miles Traveled

VOC -- Volatile Organic Compound

VRU -- Vapor Recovery Unit

ZEB -- Zero Emission Bus

ZEV -- Zero Emissions Vehicle

Adoption February 10,2010 ix
TABLE OF CONTENTS

Executive Summary

List ofAcronyms

Table ofContents

Chapter 1. Background and Introduction

1.1. General

1.2. Health Effects

1.3. Public/Stakeholder Participation

1.4. Social and Economic Considerations

1.5. Fiscal and Manpower Resources

Chapter 2. Texas PFC Rule Repeal

2.1. Portable Fuel Container (pFC) Requirements

2.2. Emissions Reductions from PFC regulations

2.3. Effect on Texas Ozone Control Strategy

Adoption February 10,2010 x
Appendix

A

LIST OF APPENDICES

Appendix Name

Federal Register Rule vs. Texas Register Rule Portable Fuel Containers,

EPA analysis

Adoption February 10,2010 xi
Table 1.1

Table 2.1

Table 2.2

Table 2.3

LIST OF TABLES

Table Name

Texas SIP Revisions and Memorandum ofAgreement that Cite the State

PFC Rule

Comparison of State and Federal PPC Regulations

Statewide VOC Emissions Reductions (ozone season tpd): Federal vs.

State PFC Rules

HOB Area VOC Emissions Reductions (ozone season tpd): Federal vs.

State PFC Rules

Adoption February 10, 2010 xii
CHAPTER 1: BACKGROUND AND INTRODUCTION

1.1. GENERAL

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

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

State of Texas may be viewed on the Texas Commission on Environmental Quality's (TCEQ)

Web site at: http://www.!ceq.state.tx.us/irnplementation/air/sip/sipintro.html#History.

The Texas Portable Fuel Container (PFC) regulations became effective on January 1, 2006, as

part of the Texas ozone control strategy described in the 2004 Rate of Progress SIP revision for

the Houston-Galveston-Brazoria area and were estimated to reduce volatile organic compounds

(VOC) emissions by 12.4 tons per day (tpd) during ozone season for Texas by 2007. The Five

Percent Increment of Progress SIP revision for the Dallas-Fort Worth (DFW) area (2005)

estimates a 2.79 tpd VOC emissions reduction in the DFW nine-county area and 0.63 tpd VOC

reduction in the DFW 1OO-kilometerarea by 2007 from the Texas PFC rules. The Austin Area

Early Action Compact (EAC) Ozone SIP Revision (2004) includes an estimated 0.89 tpd VOC

reduction by 2007 from the state rule. The state PFC rule control measure is also cited in several

other Texas SIP revisions, including: the Eight-Hour Ozone Maintenance Plan For the Victoria

County Ozone Attainment Area (2006), the Beaumont-Port Arthur (BPA) Attainment

Demonstration SIP revision (2005), the San Antonio Area EAC Ozone SIP Revision (2004), and

the Northeast Texas Area EAC Ozone Revision (2004). The PFC rule is also included in the

2008 Austin-Round Rock Eight-Hour Ozone Flex Memorandum of Agreement Plan (2008).

Emissions reductions associated with the state PFC rule are not quantified in the later mentioned

SIP revisions. Table 1.1: Texas SIP Revisions and Memorandum ofAgreement that Cite the

State PFC Rule, provides reference information for Texas SIP revisions that identify the state

PFC rule in the ozone control strategy.

On February 26, 2007, the EPA adopted a federal PFC rule (72 Federal Register 8432), setting

new national standards for gasoline, diesel, and kerosene PFCs. All PFCs manufactured on or

after January 1,2009, must comply with those 2007 federal standards. The federal standards are

similar to PFC regulations that were adopted by the State ofCalifornia in 2005.

Current Texas PFC regulations are based on outdated PFC testing methods and are not consistent

with the 2007 federal standards. Adopted rulemaking repealing the Texas PFC rule, Rule Project

No. 2008-032-115-EN Portable Fuel Container (PFC) Rule Repeal, accompanies this adopted

Texas PFC SIP. This SIP revision adopts the removal ofthe state PFC rule from the Texas ozone

control strategy and demonstrates that 2007 federal PFC standards provide equal to or greater

emissions reductions than those resulting from state regulations. Sufficient replacement

reductions are expected from the federal rule because every PFC sold or brought into the state

must meet federal PFC standards. Repeal of the state rule does not negatively affect Texas'

attainment of the 1997 eight-hoUr ozone standard: Commission adoption ofthe rule repeal and

this SIP revision does not weaken the SIP for the control ofozone. (See Appendix A)

Adoption February 10,2010 1-1
Table 1.1: Texas SIP Revisions and Memorandum of A reement that Cite the State PFC Rule

2006-023-SIP-NR Eight-Hour Ozone Maintenance Plan SIP Revision 3.3.7 3-8

for the Victoria Coun Ozone Attainment Area

Five Percent Increment OfProgress Demonstration

2004-096-SIP-Al for the Dallas-Fort Worth Ozone Nonattainment 5.2.2 5-3

Area Ei t -Hour Ozone Standard

Post 1999 Rate-Of-Progress Demonstration Plan for Associated Rule

2004-049b-SIP-NR the Houston-Galveston-Brazoria Nonattainment Change (2003-

Area 033-1l4-Al

2004-086-SIP-NR Austin Area Early Action Compact Ozone SIP 5.3.3.A3 5.9 Revision

2005-020-SIP-NR Beaumont-Port Arthur Ozone Attainment 5.2.1 5-1 Demonstration SIP Revision

2004-085-SIP-NR San Antonio Area Early Action Compact Ozone SIP 5.3.3.A4 5.8 Revision

2004-077-SIP-NR Northeast Texas Area Early Action Compact Ozone 3.6 3-3 SIP Revision

2007-020-MIS-NR Austin-Round Rock Eight-Hour Ozone Flex 3.2.2 36 Memorandum ofA eementPlan

1.2 HEALTH EFFE'CTS

In 1997, the EPA revised the National Ambient Air Quality Standard for ozone from a one-hour

to an eight-hour starJtdard based on scientific data that indicated that the eight-hour standard

provides better prote,~tion of public health from longer-term exposures to moderate levels of

ozone. To support th,e eight-hour ozone standard, the EPA provided information that indicated

that even low levels of ozone can significantly decrease lung capacity temporarily in some

healthy adults and cause inflammation of lung tissue, aggravate asthma, and make people more

susceptible to respiratory illnesses such as bronchitis and pneumonia.

Children are at a hig'lter risk from exposure to ozone since they breathe more air per pound of

body weight than adults and because children's respiratory systems are still developing. Children

also spend a considerable amount of time outdoors during summer and during the start of the

school year (August·October) when ozone levels are typically higher. Adults most at risk to

ozone exposure are outdoor workers, people outside exercising, and individuals with pre-existing

respiratory diseases.

1.3 PUBLIC/STAKEHOLDER PARTICIPATION

TCEQ staffwere present at the following time and location to conduct a public hearing on the

proposed SIP revisioD. and rule package. No member ofthe public wished to present comments,

so staff did not open tb.e public hearing.

Adoption February 1~, 2010 1-2
CITY DATE TIME LOCATION

Austin October 6, 2009 2:00p.m. Texas Commission on Environmental

Quality

12100 North 1-35

BuildinSl: E, Room 201

The comment period opened on September 11, 2009, and closed on October 12, 2009.

Additionally, no written comments were received during the comment period.

1.4 SOCIAL AND ECONOMIC CONSIDERATIONS

For a detailed explanation of any social or economic issues involved with the adopted rulemaking

to repeal the Texas PFC rule, Rule Project No. 2008-032-115-EN Portable Fuel Container (PFC)

Rule Repeal, please refer to the preamble preceding the rule adoption package accompanying this

adopted SIP revision.

1.5 FISCAL AND MANPOWER RESOURCES

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

adversely affected through the implementation ofthis plan.

Adoption February 10,2010 1-3
CHAPTER 2: TEXAS PORTABLE FUEL CONTAINER RULE REPEAL

2.1 PORTABLE FUEL CONTAINER (pFC) REQUIREMENTS

PFC regulations control volatile organic compounds (VOC) emissions by requiring specific

container features that limit the escaped emissions. There are several basic VOC-limiting

features that PFC regulations may require. Current Texas regulations, 30 Texas Administrative

Code Chapter 115, Subchapter G, Division 2, and United States regulations, (72 Federal Register

8432), both limit PFCs to one opening per container. In addition, Texas and federal regulations

both require spouts on PFCs to automatically close and seal when not in use. Another VOC

emissions-limiting feature is a spout that automatically shuts off during fuel tank filling when a

specific fuel level is achieved. This auto shut-offfeature is required by the Texas PFC rule, but it

is not required by the federal regulations. Finally, a permeation seal or barrier to prevent the

passage of VOC emissions through plastic container walls is an emissions-limiting feature

required by the 2007 federal PFC standards but not by the state rule.

Table 2.1: Comparison of State and Federal PFC Regulations compares rule requirements for

specific PFC features. As shown, state and federal PFC rules differ in requirements for the

penneation barrier seal and the spout automatic shut-off.

Table 2.1: Com alison of State and Federal PFC Re ulations

2.2 EMISSIONS REDUCTIONS FROM PFC REGULATIONS

Table 2.2: Statewide VOC Emissions Reductions (ozone season tpd): Federal vs. State PFC

Rules, and Table 2.3: HGB Area VOC Emissions Reductions(ozone season tpd): Federal vs.

State PFC Rules, each reveal differences between estimated VOC emissions reductions, in tons

per ozone season day (tpd) resulting from the state and federal PFC rules. Table 2.2: Statewide

VOC Emissions Reductions (ozone season tpd): Federal vs. State PFC Rules, reveals statewide

emissions reductions expected from the Texas and federal rules during ozone season. Table 2.3:

HGB Area VOC Emissions Reductions (ozone season tpd): Federal vs. State PFC Rules, provides

estimated VOC emissions reductions information for the eight-county Houston-GalvestonBrazoria (HGB) area anticipated in the 2002 through 2019 period during the ozone season. The

HGB area is defmed as Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery,

and Waller Counties. The estimated reductions for the years shown reflect applicable subjective

percentages associated with rule effectiveness, differences in control types, and effective dates.

Table 2.2: Statewide VOC Emissions Reductions (ozone season tpd): Federal vs. State PFC

Rules

State

Federal

78.22

78.22

70.06

87.25

55.32

59.56

56.14

60.44

Adoption February 10,2010 2-1
Table 2.3: BGB Area VOC Emissions Reductions (ozone season tpd): Federal vs. State·

PFCRules ~,.".,.,.,-

2.3 EFFECT ON TEXAS OZONE CONTROL STRATEGY

Adopted concurrently with this SIP revision is rulemaking that repeals the current Texas PFC

regulations, Rule Project No. 2008-032-1 IS-EN PFC Rule Repeal. This Texas PFC Rule Repeal

SIP revision adopts the removal of the state PFC rule from Texas' ozone control strategy and

demonstrates that the 2007 federal PFC standards provide sufficient replacement emissions

reductions for Texas upon repeal ofthe state PFC rule.

The federal PFC rule provides emissions reductions for Texas greater than those resulting from

the Texas PFC rule because every PFC sold or brought into the state must now meet the 2007

federal standards. In Section 2.2: Emissions Reductions from PFC Regulations, Table 2.2:

Statewide VOC Emissions Reductions (ozone season tpd): Federal vs. State PFC Rules, and

Table 2.3: HGB Area VOC Emissions Reductions(ozone season tpd): Federal vs. State PFC

Rules, both show that the 2007 federal PFC rule provides VOC emissions reductions equal to

those benefited from the Texas PFC rule in 2002. The tables also demonstrate that expected

emissions reductions from the federal rule are greater in 2008 and beyond than the state rule

reductions.

Repeal of the state PFC rule will not negatively affect Texas' attainment ofthe 1997 eight-hour

ozone standard. Commission adoption of the rule repeal and SIP revision will not weaken the

control strategy in the State of Texas Air Quality Implementation Plan for the Control of Ozone

Air Pollution. EPA Region 6 staff agree that the rule repeal does not relax the Texas ozone

control strategy.

Adoption February 10,2010 2-2
Appendix A was not included in the Recommendation section of the 

copies of this submittal EPA received. The next bookmark is to 

Appendix A with the proposed SIP revision in the Notice & Proposal 

section of this submittal.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

ORDER ADOPTING REPEALED RULES AND

REVISION TO THE STATE IMPLEMENTATION PLAN

Docket No. 2009-0542-RUL; 2009-D744-SIP

On February 10, 2010, the Texas Commission on Environmental Quality (Commission),

during a public meeting, considered adoption of the repeal of §§115.620 - 115.622, 115.626,

115.627, and 115.629 of 30 Texas Administrative Code (TAC) Chapter 115, Control of Air

Pollution from Volatile Organic Compounds, and corres:ponding revisions to the state

implementatio,n plan (SIP). lfhis adoption to the Texas POItable Fuel Container (PFC) Rule

Repeal SIP Revision (Texas PFC Rule Repeal SIP) removes Texas PFC regulations from the

control strategy for the State of Texas Air Quality Implementation Plan for the Control of Ozone

Air Pollution. This adoption to the SIP revision incorporates rulemaking repealing state PFC

rules and demonstrates that federal PFC standards promulgated in 2007 provide replacement

emission' reductions. Because those emission reductions are estimated to be equal to or greater

than those derived from the state regulations, the repeal of the Texas PFC rule will not negatively

impact the State of Texas Air Quality Implementation Plan for the Control of Ozone Air Pollution

Under Texas Health and Safety Code Ann. §§382.011, 382.012, and 382.023 (Vernon 2008), the

Commission has the authority to control the quality of the state's air and to issue orders consistent

with the policies and purposes of the Texas Clean Air Act, Chapter 382 of the Texas Health and

Safety Code. The proposed rule was published for comment in the September II, 2009 issue of

the Texas Register (34 TexReg 6279).

Pursuant to Texas Health and Safety Code Ann. §382.017 (Vernon 2008), Tex.

Government Code Chapter 2001 (Vernon 2008), and 40 Code of Federal Regulations §51.102,

and after proper notice, the Commission conducted a public hearing to consider the repealed rules

and revisions to the SIP. Proper notice included prominent advertisement in the areas affected at

least 30 days prior to the date of the hearing. A public hearing was held in Building E, Room 201

at the Commission's central office located at 12100 Park 35 Circle on October 6, 2009.

The Commission circulated hearing notices of its intended action to the public, including

interested persons, the Regional Administrator of the EPA, and all applicable local air pollution

control agencies. The public was invited to submit data, views, and recommendations on the

proposed repealed rules and SIP revisions, either orally or in writing, at the hearing or during the

comment period. Prior to the scheduled hearing, copies of the proposed repealed rules and SIP

revisions were available for public inspection at the Commission's central office and on the

Commission's Web site.

IT IS THEREFORE ORDERED BY THE COMMISSION that the repealed rules and

revisions to the SIP incorporated by reference to this Order are hereby adopted. The Commission

further authorizes staff to make any non-substantive revisions to the rules necessary to comply

with Texas Register requirements. The adopted rules and the preamble to the adopted rules and

the revisions to the SIP are incorporated by reference in this Order as if set forth at length

verbatim in this Order.
IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the

Commission, the Chairman should transmit a copy of this Order, together with the adopted rules

and revisions to the SIP, to the Regional Administrator of EPA as a proposed revision to the

Texas SIP pursuant to the Federal Clean Air Act, codified at 42 U.S. Code Ann. §§7401 - 7671 q,

as amended.

This Order constitutes the Order of the Commission required by the Administrative

Procedure Act, Texas Government Code, § 2001.033 (Vernon 2008).

If any portion of this Order is for any reason held to be invalid by a court of competent

jurisdiction, the invalidity of any portion shall not affect the validity of the remaining portions.

Date issued: FEB 12 2010 TEXASCO~SIO]~ON

ENVIRONMENTAL (:u~JJIIu. _

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