TECHNICAL SUPPORT DOCUMENT

Revisions to the Texas State Implementation Plan

Submitted on January 5, 2015

Chapter 114 – Control of Air Pollution from Motor Vehicles

Subchapter H. Low Emission Fuels

Division 1. Gasoline Volatility

Section 114.301 Control Requirements for Reid Vapor Pressure

Section 114.304 Registration of Gasoline Producers and Importers

Section 114.306 Recordkeeping Requirements

Section 114.307 Exemptions

Section 114.309 Affected Counties

June 1, 2015

FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson, United States Environmental 

Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-

2733, (214) 665-6633.
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Contents:

I. Introduction

II. Background

III. Technical Evaluation of SIP Submittal

A. Review of 30 TAC Chapter 114 Low RVP Gasoline Program Rule Revision

B. Part 51, Appendix V Completeness Checklist

IV. Proposed Action
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I. Introduction

This technical support document (TSD) evaluates a revision to the Texas State 

Implementation Plan (SIP), submitted on January 5, 2015 and signed by the Governor’s 

designee, TCEQ Chairman Shaw. On September 10, 2014, Texas Commission on 

Environmental Quality (TCEQ) adopted revisions to 30 Administrative Code Chapter 

114, Control of Air Pollution from Motor Vehicles, Subchapter H. Low Emission Fuels. 

This review will determine if the changes to the Texas SIP are consistent with the 

requirements of the Clean Air Act and EPA’s policy and guidance. 

The TCEQ adopted amended Sections 114.306, 114.307, 114.309 and repealed Section 

114.304 of 30 Texas Administrative Code Chapter 114, Control of Air Pollution from 

Motor Vehicles and corresponding revisions to the state implementation plan. The 

amendments remove the prohibition on the increased use of methyl-tertiary-butyl-ether 

(MTBE) in gasoline to conform to the low Reid vapor pressure (RVP) gasoline 

requirements; remove the requirements for gasoline producers and importers that supply 

low RVP gasoline to the affected counties; remove annual reporting and certification 

requirements on the use of MTBE in low RVP gasoline; and make other non-substantive 

clarifying changes as needed for accuracy and consistency.

The changes to sections 114.307 and 114.309 and the repeal of section 114.304 were 

submitted for SIP approval. The revision to section 114.301 was not in the approved SIP. 

One revision to section 114.306 was in 114.306(c) which was inadvertently approved into 

the SIP and is being removed by this action.

II. Background

The use of MTBE as an oxygenate for compliance with RFG regulations and as a 

gasoline octane enhancement was common when TCEQ adopted Chapter 114 in July 

1999. Amid growing concern over MTBE contamination in ground and surface waters, 

TCEQ adopted the prohibition specified in 114.301(c) in April 2000 to prevent gasoline 

producers from increasing the use of MTBE to conform to the low RVP requirements. 

The registration requirements in 114.304 and the annual reporting requirements specified 

in 114.306(c) were also adopted in April 2000 to enhance the enforceability of the MTBE 

prohibition in 114.301(c). The EPA approved the Low RVP Gasoline Program rules in 

Chapter 114 as a SIP control strategy for the one-hour ozone NMOS in the HoustonGalveston-Brazoria and Dallas-Fort Worth nonattainment areas in the April 26, 2001, 

issue of the Federal Register (66 FR 20927).

Subsequently, with the passage of the Energy Policy Act in 2005, the federal regulations 

requiring the use of oxygenates, such as MTBE, in RFG were repealed and a new federal 

renewable fuel standard requiring the use of ethanol in gasoline was enacted. As a result, 

gasoline producers began to blend ethanol into gasoline to meet the new federal 

renewable fuel standard, and MTBE was effectively removed from general use as a 

gasoline additive by the gasoline refining industry, primarily due to growing concerns 

over the MTBE contamination of groundwater and surface water. Samples of gasoline 

collected statewide in 2011 for a summer fuel field study conducted by the TCEO
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showed only trace amounts of MTBE in some samples, i.e., less than 0.1 % by volume, 

while every gasoline sample collected contained ethanol ranging from 1.99% to 9.44% by 

volume.

The amendments to the Regional Low RVP Gasoline Program rules remove obsolete 

requirements that provide no benefit to the state and are no longer necessary for the 

implementation and enforcement of the primary gasoline volatility control requirements 

of the rule. In addition, the proposal would provide regulatory consistency between the 

Chapter 114 gasoline volatility requirements and the El Paso Low RVP Gasoline 

requirements, specified in the 30 Texas Administrative Code (TAC) Chapter 115 

regulations in §§115.252, 115.253, 115.255 - 115.257, and 115.259, which do not 

prohibit the use of MTBE and do not require registration and annua1 reporting.
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III. Technical Evaluation of the Texas January 5, 2015 SIP Revision Submittal

The action accompanying this TSD addresses the proposed revisions to the Low Emission Fuels 

Program Requirements found in Chapter 114 Subchapter H of the Texas SIP. Chapter 114 

Subchapter H contains the regulations for the control of low RVP114.307 Fuels.

This submittal contains both substantive and non-substantive changes. The substantive changes 

are specified and addressed in the tables below. In this table new text is underlined and deleted 

text is depicted with strikeout. 

A. Review of Chapter 114 revisions

Table I.A Chapter 114

Subchapter H Revisions

Revisions to the Texas SIP

Adopted on September 10, 2014

Submitted on January 5, 2015

SIP Revision Submittal

January 5, 2015

Comments

114.304. Registration of Gasoline 

Producers and Importers.

Each producer and importer that, as of May 1, 2000, sells, 

offers for sale, supplies, or offers for supply from its 

production facility or import facility gasoline to counties 

listed in §114.309 of this title (relating to Affected 

Counties) shall register with the executive director, or his 

designated representative, by July 1, 2000. Beginning July 

1, 2000, gasoline producers and importers that are not 

supplying gasoline to the affected counties as of May 1, 

2000, shall register within 30 days after the first date that 

such person will produce or import gasoline intended to be 

sold, offered for sale, supplied, or offered for supply from 

its production or import facility to counties listed in 

§114.309 of this title. Registration shall be on forms 

prescribed by the executive director, or his designated 

representative, and shall include a statement of acceptance 

of the standards and enforcement provisions of this 

division; and shall include a statement of consent by the 

registrant that the executive director, or his designated 

representative, shall be permitted access to documentation 

and records. The executive director, or his designated 

representative, shall maintain a listing of all registered 

producers and importers.

This requirement was 

added to enhance the 

enforceability of the 

MTBE restriction. It is no 

longer needed since 

MTBE is no longer in 

significant use as a fuel 

additive.

Section 114.306 Recordkeeping, 

Reporting, and Certification

Requirements.

(c) Each producer and importer subject to the provisions 

of §114.301 of this title shall submit to the executive 

director, or his designated representative, by November 30 

of each year, a report which includes a quantification of the 

total gallons of gasoline and the total gallons of MTBE 

contained in gasoline for which the transfer documents 

contain the statement in subsection (b)(7) of this section 

during the periods May 1 through October 1 of 1998 and 

May 1 through October 1 of the current calendar year. The 

certifying report shall attest that all information contained 

in the report is true and accurate and is based on 

knowledge of the certifying official. The report must also 

include either:

 (1) a certification statement that the use of MTBE in 

gasoline for which the transfer documents contain the 

statement in subsection (b)(7) of this section during the 

period May 1 through October 1 of the current calendar 

This provision was 

adopted under state 

authority to protect 

groundwater and was not 

intended to be included in 

the SIP. This was 

specifically stated in the 

SIP submittal dated April 

25, 2000 but was 

inadvertently included in 

the SIP. Therefore, we are 

removing it from the SIP.
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Table I.A Chapter 114

Subchapter H Revisions

Revisions to the Texas SIP

Adopted on September 10, 2014

Submitted on January 5, 2015

SIP Revision Submittal

January 5, 2015

Comments

year has not increased on an average per gallon basis over 

that in the period May 1 through October 1, 1998; or

 (2) if the average per gallon use of MTBE during 

the period May 1 through October l of the current calendar 

year exceeds the average per gallon use of MTBE during 

the period May 1 through October 1, 1998, documentation 

and explanation of the basis for the increased use in a 

manner sufficient to demonstrate that the producer or 

importer did not increase the use of MTBE during the 

period covered by the certification to conform with 

§114.301(a) of this title.

Section 114.307 Exemptions (a) The following uses are exempt from §§114.301, 

114.305, and 114.306 of this title (relating to Control 

Requirements for Reid Vapor Pressure; Approved Test 

Methods; and Recordkeeping, Reporting, and Certification

Requirements):

This change simply 

reflects the fact that there 

are no longer reporting

and certification 

requirements (Section 

114.304) and is not 

substantive.

Section 114.309 Affected 

Counties

All affected persons in the following counties shall be in 

compliance with §§114.301 and §§114.405 114.304-

114.307 of this title (relating to Control Requirements for 

Reid Vapor Pressure; Registration of Gasoline Producers 

and Importers; Approved Test Methods; Recordkeeping, 

Reporting, and Certification Requirements; and 

Exemptions) no later than the dates specified in 

§114.301(b) of this title: Anderson, Angelina, Aransas, 

Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, 

Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, 

Cherokee, Colorado, Comal, Cooke, Coryell, De Witt, 

Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, 

Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, 

Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, 

Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, 

Lavaca, Lee, Leon, Limestone, Live Oak, Madison, 

Marion, Matagorda, McLennan, Milam, Morris, 

Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, 

Polk, Rains, Red River, Refugio, Robertson, Rockwall, 

Rusk, Sabine, San Augustine, San Jacinto, San Patricio, 

San Augustine, Shelby, Judge Smith, Somervell, Titus, 

Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, 

Walker, Washington, Wharton, Williamson, Wilson, Wise, 

and Wood.

These changes also reflect 

the elimination of the 

registration and reporting 

requirements and are not 

substantive.

There is also a correction 

to the list of counties to 

put them into alphabetic 

order. This change is not 

substantive.

The analysis presented above in Table I.A. demonstrates that the revisions to Texas Chapter 114, 

Subchapter H submitted on January 5, 2015, are approvable.
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B. Part 51, Appendix V Completeness Checklist

The criteria for completeness determination are found in Appendix V to Part 51 – Criteria for

determining the completeness of plan submissions and are outlined below:

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a state 

implementation plan submitted for consideration by the EPA is an official submission for 

purposes of review under § 51.103.

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to 

meet the criteria set forth in this appendix V, and request corrective action, identifying the 

component(s) absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the 

requirements of this appendix V within 60 days of the EPA’s receipt of the submittal, but 

no later than 6 months after the date which the State was required to submit the plan or 

revision. If a completeness determination is not made by 6 months from receipt of a 

submittal, the submittal shall be deemed complete by operation of law on the date 6 months 

from receipt. A determination of completeness under this paragraph means that the 

submission is an official submission for purposes of § 51.103.

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V.
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Administrative Materials (2.1)

1. The package is sent with a formal submittal letter from the Governor or his or her designee 

requesting the EPA’s approval of the revision.

The SIP revisions addressed in this action were submitted via letter from Commissioner 

Shaw dated January 5, 2015.

2. Evidence is included that the State has adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final issuance 

and the effective date of revision, if different from the adoption/issuance date.

The SIP revisions addressed in this action were adopted September 10, 2014.

3. Evidence is included that the State has necessary legal authority under State law to adopt 

and implement the revision, e.g., a citation of the appropriate State authority.

Legal authority discussed in Section V-A

4. A copy is included of the actual regulation or document submitted for approval and 

incorporation by reference into the SIP including an indication of the changes made to the 

existing approved place where applicable. The submittal shall be a copy of the official 

State regulation document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the regulation 

document shall, whenever possible, be indicated in the document itself.

The SIP submittal included a copy of the official State regulation document.

5. Evidence is included that the State followed all of the procedural requirements of its laws 

and/or its constitution in the conducting and completing the adoption/issuance of the plan.

The SIP submittal package included a certification demonstrating the SIP submittal was 

developed pursuant to 40 CFR 51.104.

6. Evidence is included that public notice was given of the proposed changes consistent with 

the procedures approved by the EPA, including the date of publication of such notice (e.g., 

notarized or certified copies of any public notices published in newspapers). (The notice 

should be at least 30 days prior to the public hearing(s).
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The SIP submittal addressed in this action included a summary of the Public Notices 

published for the rule revisions, as well as, copies showing evidence of the published 

notices. These public notices included information regarding the public comment period 

and upcoming public hearings.

7. A certification is included indicating that public hearing(s) was/were held in accordance 

with the information provided in the public notice(s) and the State’s laws and constitution, 

if applicable.

The SIP submittal contained a signed affidavit that certified that the required procedures 

were followed with respect to public notice, public hearing, and public participation. 

8. A compilation of public comments and the State’s response is included.

The SIP submittal addressed in this action included copies of comments received from the 

public on the State regulation, as well as, as the State’s responses to the comments 

received.
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Technical Support (2.2)

1. Identification of all regulated pollutants affected by the revision included.

Volatile Organic Compounds

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment plan 

for the affected area(s) is included.

The provisions evaluated as part of this action can be applied statewide.

3. Quantifications of the changes in SIP allowable emissions from the affected sources is 

included. (Examples include estimates of changes in current actual emissions from 

affected sources and/or, where appropriate, quantification of changes in actual emissions 

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.)

Not applicable to this SIP revision. The new regulation only affects the fees paid in order 

to emit pollutants, but does not affect emission levels directly.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and 

visibility as applicable would be protected if the revision were approved and implemented.

Not applicable to this SIP revision. This plan revision does not pertain to redesignating 

an area to attainment for a national primary ambient air quality standard. Nor does this 

revision pertain to prevention of significant deterioration (PSD) increments and 

demonstrations of reasonable further progress.

5. FOR REDESIGNATIONS:

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by § 175A of the Clean Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if applicable, is required to support the proposed revision.

Not applicable.
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7. Evidence is included where necessary, that emission limitations are based on continuous 

emission reduction technology (e.g., add-on controls, industrial/process equipment 

designs, reformulated materials, etc.). 

Not applicable.

8. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards and recordkeeping/reporting requirements to ensure stated emission 

levels. 

Not applicable.

9. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency). 

Not applicable.

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary should 

be included. For example, requests for alternative RACT may require such justification. 

Not applicable. No special economic and technical justifications are required by other 

applicable EPA policies are necessary because no such policies are relevant in this case.

The January 5, 2015 SIP submittal meets the completeness criteria established in 40 CFR 

part 51, Appendix V.
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IV. Proposed Action

It is recommended that the EPA approve of the adoption of the revisions to 30 Administrative 

Code Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter H. Low Emission 

Fuels, submitted on January 5, 2015. See discussion regarding basis for approval in Sections II 

of this TSD and in Section III of the Federal Register.

This technical support document has evaluated the revisions to the Low RVP Gasoline Program 

Rule revisions adopted on September 10, 2014 and submitted as a revision to the Texas SIP on 

January 5, 2015. 

It is recommended that the EPA propose approval of the January 5, 2015 revision. Because these 

are noncontroversial revisions the EPA should consider a direct final approval.