### 8.RA.

# CRP~ 

# .....8RN

. 

## ......•..•...•••. 6DRA.. ••••••8WQ.•••••••••••••••• 6MD 8SF 

# 8()1t"•.....••••••**81l~·················· 8"1).<I.~J.** **~~t 8~····~·············** 



### Rh-l

# ~O(} -'

# 3ScY;f··C·QP·y:······ TEXAS COMMISSION ON ENVIRONMENTAL QUALITY BryanW. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, P.G., ExecutiveDirec!e 

## MAR I I

Protecting Texas byReducing andPreventingPollution 

### 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 ofOzone 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 ofTexas Air Quality Implementation Plan for the Control ofOzone 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 ofthese SIP revisions. Sincerely,

# 'f>~~l Chairman BG/ca Enclosures
cc: The Honorable Rick Perry, Governor ofTexas Mr. Toby Baker, Office ofBudget, Planning and Policy, Office ofthe Governor Mr. Mark R. Vickery, P.G., Executive Director, Texas Commission on Environmental Quality

P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us printed ()n It'cvclt'd pilprr**USil1~ ~(l\'·hasl'J**  1111,

### TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

# ~.~**l-'\~** "0 1

# ~'~ '"' " :c**r-'~** '"

### ~---



### 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 ofFederal 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 QualityTexas Commission on Environmental Quality Public Hearing October 6, 2009 Conceming proposed revisions to the

Texas Portable Fuel Container SIP Project Number 2009-024-SIP-NRINTRODUCTION 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 greaterthan 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 testimonyand comments have been reviewed and seriously considered. This hearing record contains a complete record ofthe 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/OrderAdditional copies ofthis 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 PROPOSALPUBLIC 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 AviationEast 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, 2009Bryan W. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner MarkR. Vickery, P.G., ExecutiveDirector 

### TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas byReducingandPreventingPollution**NOTICEOFAPUBUCHE~GON** 

### PROPOSED REPEALS TO 30 TAC CHAPTER 115 AND REVISIONS TO THE STATE IMPLEMENTATIONPLAN 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 Containerregulations. (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 ofthe Texas Portable Fuel Container rule will not negatively impact the State ofTexas Air Quality Implementation Plan for the Control ofOzone AirPollution. (Rule ProjectNumber 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 priorto the hearing andwill answerquestions before and afterthe hearing. Persons planning to attend the hearing, who have special communication or other accommodation needs, should contact Charlotte Hom, Office ofLegal 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 ofLegal 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 ProjectNumber 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 ofthe 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 baFlores 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, and30 :AC §30.5(b) and §344.30, by failing to refrain from advertising or presenting himselfto the public as a person who canperform serv' s for which a license orregistration 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: AustinRegional 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 OFFACILIlY: 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 outdoorburning by failing to prev ntthe burning offurniture, plastic, paint cans, tires, domestic waste, rush, and miscellaneous construction debris atthe site; PENALlY: 1,712; STAFF ATTORNEY: Mike Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL OFFICE: Dallas-FortWorthRegio 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 obtainauthorizationto di barge stormwaterassociated 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 ofPublic 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 repealsto 30 Texas Administrative Code (TAC) Chapter 115, Control of AirPollutionfrom Volatile Organic Compounds andcorrespondingrevisions to the state implementation plan. The proposed rulemaking would repeal the state Portable Fuel Containerregulations inorderto addressrecently adoptedfederal standards for Portable Fuel Containers. Specifically, the United States Environmental Protection Agency adopted a federal Portable Fuel Container rule (72 Federa/Register8432, February 26, 2007) that set a national standard for gasoline, diesel, and kerosene Portable Fuel Containers. AllPortableFuelContainers manufacturedonorafterJanuary 1,2009, are required to comply with the federal standards. The federal standards promulgated are more stringent than the current state Portable Fuel Containerregulations. (Rule ProjectNumber 2oo8-032-11S-EN) The proposed rulemaking would also revise the state implementation plan (SIP) concerningrepeal ofthe Texas Portable FuelContainerrule. This proposed Texas Portable Fuel Container Rule Repeal SIP Revision (Texas Portal:le Fuel Container Rule Repeal SIP) removes Texas PortableFuelContainerregulationsfromthecontrolstrategyforTexas' Air Quality Implementation Plan for the Control ofOzone AirPollution. Thisproposed SIP revision incorporatesproposedrulemakingrepealing state Portable Fuel Containerrules and demonstrates that federal Portable Fue: Container standards promulgated in 2007 provide replacement emission reductions. Because those emission reductions areestimatedto iJ,: equalto orgreaterthanthose derived from the state regulations, the ":peal ofthe Texas Portable Fuel Container rule will not negatively impact the State ofTexas 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 locflted at 12100 Park 35 Circle. The hearing will be structured for the receipt oforal or written comments. Registration begins 30 minuteH prior to the hearing. Individuals may present oral statements when calledupon inorderofregistration. Atime limitmay 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 staffmembers 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 shouldbe 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 oftheproposed SIPrevisioncanbe obtainedfromthe 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 ofPublic 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 conductapublic hearing to receive stimony concerningproposedreo visions to 30 TAC Chapter 116, C ntrol ofAir 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 GovernmentCode, Subchapter B, Chapter 2001; and 40 Code ofFederal Regulations,



### INADDITION September 11, 

### 2009 34 

### TexReg 6371

### STATE OF TEXAS AIR QUALITY IMPLEMENTATION PLAN FORTHE CONTROL OF OZONEAIRPOLLUTION

FORALL AFFECTED 1997 EIGHT-HOUROZONE STANDARD NONATIAINMENT AND NEARNONATIAINMENT 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

PROJECTNO. 2009-024-SIP-NR Proposed August26, 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 ofTexas. Because the federal PFC rule provides emissions reductions equivalent to or greater than those from the Texas PFC regulations, repeal ofthe state rule does not reduce emissions reductions claimed 

### in the State of Texas Air Quality Implementation Plan for the Control ofOzone Air Pollution. Consequently, the proposed rule repeal and this proposed SIP revision will not have a negative impact on the emissions reductions claimed inthe 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 ofOzone Air Pollution. The Texas PFC rule is cited as part ofthe 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 

### staffdiscussions 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.

ProposedAugust 26, 2009

### SECTIONV: LEGALAUTHORITY 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 ofthe TNRCC, the authority over air quality is found in both the Texas Water Code and the TCAA. Specifically, the authority ofthe TNRCC is found in Chapters 5 and 7. Chapter 5, Subchapters A - F, H - 

### J, and L, include the general provisions, organization, and general**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 ofthe TNRCC until September 1, 2013, and**changl~d** the name ofthe TNRCC to the Texas Commission on Environmental Quality (TCEQ). The TCAA specifically authorizes the TCEQ to estahlish the level ofquality to be maintained in the state's air and to control the quality ofthe state's air by preparing and developing a general, comprehensive plan. The TCAA, Subchapters A " 

### D, also authorize the TCEQ to collect information to enable the commission to develop an inventory ofemissions; to conduct research and investigations; to enter property and examine records; to prescribe monitoring requirements; to institute enforcement proceedings; to enter into contracts and execute instruments; to formulate rules; to issue orders taking into consideration factors bearing upon health, welfare, social and economic factors, and practicability and reasonableness; to conduct hearings; to establish air quality control regions; to encourage cooperation with citizens' groups and other agencies and political subdivisions ofthe state as well as with industries and the federal government; and to establish and operate a system ofpermits for construction ormodification offacilities. Local government authority is found in Subchapter E ofthe TCAA. Local governments have the same power as the TCEQ to enter property and make inspections. They also may make recommendations to the Commission concerning any action of the TCEQ that affects their territorialjurisdiction, may bring enforcement 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, consistentwith the requirements ofthe federal ProposedAugust 26, 2009 iiClean 

### 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 retirementprograms. B. Applicable Law The following statutes and rules provide necessary authority to adopt and implement the State Implementation Plan (SIP). The rules listed below have previously been submitted as part ofthe SIP. Statutes All sections ofeach subchapterare 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 SubchapterA: General Provisions Subchapter B: Organization ofthe Texas Natural Resource Conservation Commission SubchapterC: Texas Natural Resource Conservation Commission SubchapterD: General Powers and Duties ofthe Commission SubchapterE: Administrative Provisions for Commission Subchapter

### F: Executive Director (except §§ 5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and 5.236) SubchapterH: Delegation ofHearings SubchapterI: Judicial Review SubchapterJ: Consolidated PermitProcessing 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) SubchapterC: Administrative Penalties Subchapter D: Civil Penalties (except §7.109) SubchapterE: Criminal Offenses and Penalties: §§ 7.177, 7.179-7.183 Rules All of the following rules are found in 30, Texas Administrative Code, as of the following effective dates: Chapter 7: Memoranda ofUnderstanding, §§ 7.110 and 7.119 Chapter 19: Electronic Reporting Chapter 35: Subchapters A-C, K: Emergency and Temporary Orders and Permits; Temporary Suspension orAmendment ofPermit Conditions May 2, 2002 July 10,2008 July 20, 2006

ProposedAugust26, 2009 iii

### Chapter 39: PublicNotice, 

### §§ 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 Chapter55: 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 AirQualityRules Chapter 106: Permits byRule, SubchapterA 

### Chapter 111: Control ofAir Pollution from Visible Emissions and Particulate Matter Chapter 112: Control ofAir

### Pollution from SulfurCompounds Chapter 113: Standards ofPerformance for Hazardous AirPollutants and for DesignatedFacilities and Pollutants Chapter 114: Control ofAirPollution from MotorVehicles Chapter 115: Control ofAirPollution from Volatile Organic Compounds Chapter 116: Permits forNew Construction orModification Chapter 117: Control ofAirPollution by Control ofAirPollution 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



### ProposedAugust 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-PortArthur(Revised) 4. ElPaso (No change) 5. RegionalStrategies (No change) 6. Northeast Texas (Revised) 7. AustinArea (Revised) 8. SanAntonioArea (Revised) C. Particulate Matter(No change) D. Carbon Monoxide (No change) E. Lead (No change) F. Oxides ofNitrogen (No change) G. SulfurDioxide (No change) H. Conformity with the National AmbientAir Quality Standards (No change) I. Site Specific (No change) 

### 1. Mobile Sources Strategies (No change) K. CleanAirInterstate Rule (No change) L. Transport (No change) M. Regional Haze (No change)

ProposedAugust26, 2009 v

### LIST OF ACRONYMS
ACT

-- Alternative Control Techniques AD

-- Attainment Demonstration AF

-- Air-to-Fuel APU

-- Auxiliary PowerUnits ARPDB

-- Acid Rain Program DataBase ATCM

- Airborne Toxic Control Measure auto-GC

-- Automated Gas Chromatograph BACT

-- BestAvailable Control Technology BCCA-AG

-- Business Coalition for Clean Air-Appeal Group BMP

- BestManagement Practices BPA

-- Beaumont-PortArthur Btu/hr

-- British Thermal Units perHour 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

-- CaliforniaAir 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

-- CurrentDesign 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 AttainmentDemonstration ESL

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

-- Fahrenheit FAA

-- Federal Aviation Administration FCAA

-- Federal Clean AirAct Proposed August26, 2009 viFCV

-- 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 perMinute GTM

-- Gross Ton Mile HAP

-- Hazardous AirPollutant 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 OccupancyVehicle 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 perMillion British Thermal Units LDAR

-- LeakDetection 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 

## n 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 PassengerVehicle 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 viiMOA

-- Memorandum ofAgreement MON

-- Miscellaneous Organic National Emission Standards for Hazardous 

### AirPollutants (NESHAP) mph

-- Miles perHour MVEB

-- MotorVehicle 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 perJoule 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 DevelopmentProgram 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 

### PM 2.

### s-- Particulate Matter 2.5 microns and less ppb

-- Parts PerBillion ppbC

-- Parts PerBillion Carbon ppbv

- Parts PerBillionby Volume ppm -- Parts PerMillion 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 FurtherProgress RMSE

-- Root Mean Square Error ROP

-- Rate-of-Progress RRF

-- Relative ReductionFactor SB

-- Senate Bill SCAQMD

-- South CoastAir Quality ManagementDistrict scfm

-- Standard Cubic FeetperMinute SCR

-- Selective Catalytic Reduction SEP

-- Supplemental Environmental Programs SETPMTC

-- SoutheastTexas Photochemical Modeling Technical Committee SIC

-- Standard Industrial Classification Proposed August 26, 2009 viii

### SIP

-- State ImplementationPlan SNCR

-- SelectiveNon-Catalytic Reduction SOV

-- Single OccupancyVehicle STP

-- Surface TransportationProgram SWCV

-- Solid Waste CollectionVehicle TAC

-- Texas Administrative Code TACB

-- Texas Air ControlBoard TCAA

-- Texas Clean 

### AirAct TCEQ

-- Texas Commission on Environmental Quality (commission) TCM

-- Transportation Control Measure TDM

-- Travel DemandModel TERP

-- Texas Emissions Reduction Plan TexAQS 2000

-- 

### Texas Air

### Quality Study 2000 

### TexAQS II

-- 

### Texas 

### AirQuality Study 2006 

### TKE

-- TurbulentKinetic Energy TNMHC

-- Total Non-methane Hydrocarbon TNRCC

-- Texas Natural Resource Conservation Commission tpd -- 

### tons perday tpy
-- tons peryear TSE

-- Truck Stop Electrification TIl

-- 

### Texas TransportationInstitute 

# ruc-- Texas Utility Code TxDOT

-- Texas DepartmentofTransportation TxLED

-- Texas Low Emission Diesel USC

-- United States Code VMEP

-- Voluntary Mobile Source Emissions Reduction Program VMT

-- 

### VehicleMiles Traveled VOC

- Volatile Organic Compound VRU

-- VaporRecovery Unit ZEB

-- Zero Emission Bus ZEV

-- Zero Emissions Vehicle

ProposedAugust26, 2009 ix

### TABLE OF CONTENTS
Executive Summary Listof Acronyms Table of Contents Chapter 1. Background and Introduction 1.1. General 1.2. Health Effects 1.3. Public/StakeholderParticipation 1.4. Social and Economic Considerations 1.5. Fiscal and ManpowerResources Chapter2. Texas PFC Rule Repeal 2.1. PortableFuel 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

ProposedAugust26, 2009 

### Appendix Name
Federal RegisterRule vs. Texas RegisterRule Portable Fuel Containers, EPA analysis



### LIST OF TABLES
Table Name
Texas SIPrevisions that cite the state PFC rule Comparison ofstate and federal PFC regulations Statewide VOC emissions reductions (tpd): federal vs. state PFC rules HGB AreaVOC emissions reductions (tpd): federal vs. state PFC rules



### xCHAPTER 1: BACKGROUND AND INTRODUCTION 1.1. GENERAL "The History ofthe Texas State Implementation Plan (SIP)," a comprehensive overview ofthe SIP revisions submitted to the United States Environmental Protection Agency (EPA) by the State ofTexas 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 ofProgress (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 latermentioned 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 

### FederalRegister 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 similarto 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 ofthe 1997 eight-hour ozone standard. Commission adoption ofthe rule repeal and this SIP revision does notweaken the SIP for the control ofozone. (See Appendix A.)

Proposed August26, 2009 1Table 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 AreaEight -Hour Ozone Standard Post 1999 Rate-Of-Progress Demonstration Plan for Associated Rule 2004-049b-SIP-NR the Houston-Galveston-BrazoriaNonattainment Change (2003- Area 033-1l4-AI) 2004-086-SIP-NR Austin Area Early Action CompactOzone 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 SanAntopio AreaEarly Action Compact Ozone SIP 5.3.3.A4 5.8 Revision 2004-077-SIP-NR NortheastTexas AreaEarly Action Compact Ozone 3.6 3-3 SIP Revision 2007-020-MIS-NR Eight-Hour Ozone Flex ProgramAustin-Round 3.2.2 36 RockMetroDolitan 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 oftime 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 PUBLICISTAKEHOLDERPARTICIPATION 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 oforal 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 staffmembers 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, attheir 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 viathe eComments system. All comments pertainingto 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 ofthis proposed revision may be obtained from the commission's Web site, at http://www.tceq.state.tx.us/implementation/air/sip/Hottop. 

### Forfurther information, please contactLisa Sbuvalov at (512) 239-4484. 1.4 SOCIALAND 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 MANPOWERRESOURCES 

### 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 3CHAPTER 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 offduring 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 andFederal 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. d Fed al PFC R I' fS T bl 21 C

a e 

# .. omnanson 0 tate an er eeu ations

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

One opening nercontainer 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: HGBArea VOCEmissions Reductions: Federal vs. State PFCRules, 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, 20092.3 EFFECT ON TEXAS OZONE CONTROL STRATEGY Proposed concurrently with this SIP revision is rulemaking that repeals the current Texas PFC regulations, Rule ProjectNo. 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 beyondthanthe staterule reductions. Repeal ofthe state PFC rule will not negatively affect Texas' attainment ofthe 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 ofOzone Air Pollution. EPA Region 6 staffagrees that the rule repeal does not relax the Texas ozone control strategy.

ProposedAugust 26, 2009 2

### Appendix A 

### FederalRegisterRule vs. 

### Texas RegisterRule Portable Fuel Containers

After close inspection ofthe 

### FederalRegister40 CFR Parts 59, 80, 85, and 86 (Control ofAir Pollution from Mobile Sources) and the 

### TexasRegister 30 TAC Chapter 115: Control ofAir Pollutionfrom Volatile Organic Compounds, Subchapter G: ConsumerRelated Sources, Division 2: Portable Fuel Containers, ithas been determined that the 

### FederalRegisterrule is more stringent

### than the 

### TexasRegisterrule regarding Portable Fuel Containers. 

### Texas Register30 TAC Chapter 115: Control ofAir Pollution from Volatile Organic Compounds, Subchapter G: ConsumerRelated 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 establishperformance-based standards. These design criteriaincludethe following requirements: that each portable fuel containerhave only one hole in the vessel in orderto reduce emissions that occur when ventholes (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 eachportable fuel container spouthave an automatic shut-offdevice to prevent over-filling; that eachportable fuel container spout automatically close and seal when removed from the fuel 

### tank, seal without leakage when affixedto the portable fuel containervessel, and meet fuel flow rate and cut offlevel standards. Unlike the 

### FederalRegisterrule, the 

### TexasRegisterrule

### established no emission standards to ensurethat complying withthe design criteriawould inpracticereduce emissions to aparticular acceptable level. In 

### addition, the 

### Texas Registerrule regarding portable fuel containers appliedto gas cans only and not diesel and kerosene containers. Moreover, the 

### Texas Registerregulations did notrequire the control ofpenneationrates through the walls ofportable fuel containers because the cost ofcompliance was expectedto be large andthereduction inemissions small, relative to otherprovisions. As aresult, these rules ensuredthatportable fuel containers manufactured underthese standards releasedfewer amounts offuel as aresult ofspillage and evaporation only. The 

### Texas Registerrule establishedthatno person shall sell, supply, offerfor sale, distribute, ormanufacture in Texas anyportable fuel containeror portable fuel container spoutthat was manufacturedon orafter December 31, 2005, unless it complies withthe standards described intherule. The

### FederalRegisterrule regarding portable fuel containers established a performance based standard of0.3 grams pergallonperday ofhydrocarbons, ratherthan simply establishingparticulardesign criterialikethe 

### Texas Registerrule did. In 

### addition, itwas determinedthatthe 

### FederalRegisterrule is more stringentbecause the standards it establishes apply forportable gasoline containers as well as portable diesel andkerosene containers. This was done becauseportable diesel andkerosene containers could easily beUsedfor gasoline sincethese containers are manufacturedby the same manufacturers
as are gasoline containers and are identical to gasoline containers, exceptfor color (diesel containers are yellow and kerosene containers are blue). Unlike the 

### Texas Registerrule, the 

### FederalRegisterrule also clarifies thatutilityjugs are consideredportable fuel containers andtherefore subjectto the program.. Utilityjugs are designed and marketed

2

### for use with gasoline, oftento fuel recreational equipment such as all-terrain vehicles and personal watercraft. In 

### addition to the performance-based standard of0.3 grams per gallon perday ofhydrocarbons, the 

### FederalRegisterrule also establishedtestprocedures and a certification and compliance program, in orderto ensurethatcontainers meetthe emission standard overarange ofin-use conditions. The 

### Texas Registerrule established
no suchprocedures andprograms. The

### FederalRegisterrule established a system of regulations forportable fuel containers thatincludes test conditions designed to assure thatthe intended emissionreductions occurover arange ofin-use conditions such as operating at differenttemperatures, with differentfuels, and considering factors affecting durability. Whetherthe performance-based standard of0.3 grams pergallonperday of hydrocarbons is complied with is to be 

### determinedbased onthe emissions from the portable fuel containeroveradiurnal test cycle. The diurnal testmeasures hydrocarbon emissions from the portable fuel containerdue to permeationand evaporative losses from the container as awhole. In 

### addition, the 

### FederalRegisterestablished three durability aging cycles to help ensure durablepermeationbarriers: slosh, pressure-vacuum cycling, and ultraviolet (UV) 

### exposure. Thepurpose ofthese durability/deterioration cycles is to help ensure thatthe technology chosen bythe manufacturers is durable in-use, representing best available control, andthe measured emissions are representative ofinuse permeationrates. The

### FederalRegisterrule also established adurability demonstration forportable fuel container spouts to help ensure quality spoutdesigns that do notfail in-use and resultin spillage. Unlike the 

### Texas Registerrule; the 

### Federal Registerrule takes into considerationthatemissions from portable fuel containers are usually higherin containers thathave beenin use for alongerperiod oftime, as opposed

3

### to only considering emissions from newportable fuel containers. Unlike the Texas Registerrule, the FederalRegisterrule did notestablish automatic shut-offrequirements because they were found to be 

### counterproductive atthe time. Automatic shut-offis a feature that stops the flow offuel whenthe fuel reaches the top ofthe receiving tank 

### in orderto prevent over-filling. However, itwas determined thatdue to 

### awide variety of receiving fuel tankdesigns, the auto shut-offspouts do notworkwell with avariety of equipmenttypes, resulting in fuel spillage and customerdissatisfaction. Instead, the FederalRegisterrule determinedthat automatic closing cans, even withoutautomatic shut-offrequirements, would lead to reduced spillage. Automatic closure is afeature that allows the spoutto automatically close andremain sealedwhenremoved from the target fuel tank, andremains completely closed when not dispensing fuel. The emission standards establishedby the FederalRegisterwere based onthe performance ofbest available control technologies, such as durable permeation barriers, automatically closing spouts, and cans that are well-sealed. It

### was assumedthatthe emission standards establishedby the FederalRegisterrule will result inthe use ofthese control technologies. The adoption ofthe performance-based standards forportable fuel containers (gas cans, as well as diesel and kerosene containers) establishedby the FederalRegisteraimed to reduce hydrocarbon emissions from evaporation, spillage, and permeation. In conclusion, inspection and comparison ofthe FederalRegister40 CFRParts 59, 80, 85, and 86 (Control ofAir 

### Pollutionfrom Mobile Sources) andthe Texas Register 30 TAC Chapter 115: Control ofAir 

### Pollutionfrom Volatile Organic Compounds, SubchapterG: ConsumerRelated Sources, Division 2: Portable Fuel Containers, reveals

4

### thatthe FederalRegister

### ruleregarding Portable Fuel Containers is more stringentthan the Texas Register

### rule.

5

# WRITTEN AND ORAL TESTIMONYReference 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.FICERREPORT 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 Apublic hearing was 

### scheduledfor October6, 2009 at

### the commission's central office. At2:00 PM, the

### roomwas 

### open; TCEQ staffand 

### acourt reporter**w~** present 

### andready 

### to open the hearing 

### for public comment. After waiting 

### for ten 

### minutes, no one bad arrived to 

### make comments ontherecord. Therefore, the public hearing was 

### not fonnally openedfor commentand

### 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 ShortTitle: 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 TESTIMONYiBkOFFICBMEMoRANDUM 

# Texas Commi,ion onEnvironmentalQuality

To: 

### Commissionors Date: January 22, 2010 Thru: 

### LaDonnaCastaftuela, ChiefClerk 

### Mark R. 

### Vickery, P.G., ExecutiveDirector From: 

## AJVsuSanaM. Hildebrand, P.E." ChiefEngineer 

# "f'ChiefEngineer's Office DocketNo.: 2009-o744-SIP Subject: 

### CommissionApprovalofaRevisiontothe 

## stateImplementationPlan(SIP) forthe ControlofOzone

### AirPollutionforAllAffected 

### 1997Eight-HourOzone Stlmdard NonattainmentandNearNonattainmentAreas in

### the 

### StateofTexas 

### ProjectNo. 2009-o24-SIP-NR

- State

### ofTexas PortableFuel Container(PFC) 

### Rule Repeal SIPRevisionforthe 1997Eight-HourOzone Standard Background and reason(s) forthe 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

### gallonper

### day (72

### FederalRegister8432). AllPFCs

### manufactured on

### oraflm 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 

### onPFC testing

### methods adopted by

### the California

### Air

### Resources Board 

### (GARB) in'2001. The adopted statewide SIPrevision

### will remove the state'sPFC role as an ozone control strategyfromthe SIP. TheTexas PPC 

### program, whichbecame effectiveJanuary 1, 2006, 

### was included 

### in the 2004 Rate of Progress 

### SIP revision for the 

### Houston-Galveston-Brazoria area, 

### the Five Percent Increment of Progress 

### SIPrevision forthe Dallas-FortWorth area; 

### the 2006 Victoria SIPrevision, the 2004 Early 

### Action Compact(BAC) SIP revision for

### the Austinarea, 

### the 2005 Beaumont-PortArthurAttainment Demonstration SIPrevision, the 

### 2008 Austin-RoundRockEight-Hour OzoneFlexMemorandum of Agreement

### Plan, the 2004 SanAntonio BAC SIP**revisi~** 

### and the 2004 NortheastTexas BAC SIP revision. The adopted statewide SIP revision will demonstrate that 

### the repeal ofthe cU1Te1lt Texas PFC regulations andreliance on the new federal PFC standards will have no negative impact on the SIP. ' The

### estimated emissionreductions applicabletothe implementationofthe federal PFCrule inTexas are expected to be 

### equivalentto the current

### Texas PFCrule in the 

### earlyyears andto 

### provide greater 

### reductions in 

### the later 

### years. Therefore, the adopted repeal 

### ofthe state 

### PFC role will not have a negative impactonthe emissionreductions claimed in

### theTexas 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 

### Page2 Janumy

### 22,2010 Re: DocketNo. 2009-o744-SIP from the state PFC rule, because evmy 

### fuel container sold orbrought into 

### the :rtate 

### from 

### elsewhere will be required

### to meetthe federal PPC standards. 

### Scope of

### the SIPrevision: A) 

### Summaryofwhat

### the SIP revisionwill do: The SIPrevisionwillreflectthe adoPtion ofthe PFC rulerepeal. 

### B) Scope

### required by

### federal regulations orstatestatutes: None. C) Additional staff 

### recommendations that 

### are not required by 

### federal "lie 

### or state statute: Revise

### theTexas SIPto

### reflectthePPC rulerepeal. 

### Statutory authority: The SIP revision 

### will be 

### adopted under 

### Texas Health 

### and Safety Code (THSC), 

### §382.002, concerningPolicy 

### andPurpose, which establishes the commission's pmpose to 

### safeguard

### the state's air

### resources, consistentwiththe protection ofpublic health, generalwelfare, andphysical 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; 

### §3

### 82.014, concerning Emission Inventory; §3

### 82.016, 

### concerningMonitoringRequirements; 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 OperatingPermit; andFederal Clean 

### AirAct (FCAA), 

### 42 United States Code (USC), 

### §§7401 

### et seq., whichrequires states 

### to 

### submitplans establishing standards ofperformancefor existing sources ofpollutants for which National Ambient 

### Air Quality Standards have not been established. and providingforthe

### implementationand enforcementofsuch standarclsofperformance. ·The adopted

### repeal ofthese secticms will implement TIISC, 

### §§382.002, 382.011, 382.012,382.014, 382.016,382.0173,382.054, andFCAA, 42 USC, §§7401 

### etseq. Effect

### on

### the: A) 

### RegaJated 

### eommUDity: The' adopted SIP revision 

### will have no impact on the regulated community. I B) 

### PubBe: Theadopted 

### SIP reviSionwillhaveno impact

### onthepublic
.

. C) 

### Agency programs: The adopted SIP revision will 

### have no impact 

### on agency programs. The

estimated emissionreductions applicable to 

### the implementation of

### the federal PPC rule in 

### Texas are expected 

### to be 

### equivalent 

### to the current Texas PPC rule 

### in the early years 

### and 

### to provide 

### greaier reductions 

### inthe

### lateryears. Stakeholdermeetings: No stakeholdermeetings wereheld.

### Commissioners Page 3 Jan1181'Y22,2010 Re: DocketNo. 2009-0744-SIP
Public comment: 

### TCEQ staffWCl'e

### presentat

### thefollowingtime 

### andlocationto conducta

### publicbearing ontheproposed SIP revisionandrolepacbge. No member ofthe

### publicwishedtopresentcomments, so staffdidnotopcm. the publichearing. CITY 

### DATE TIME 

### LOCATION Austin October6, 

### 2009 2:00p.m. Texas Commission onEnvironmental Quality 

### 12100North 1-35 , 

### Buildin2E. Room201 Thecommentperiod 

### opened 

### on September 11,2009, andclosedon

## October 12, 2009. Nowritten

### comments werereceivedduringthe commentperiod. Siplfleantchanges from proposal: 

### There.wereno changes from

### theproposal.

-Potential controvenialconcerJII and legislative

### interestremainiDl afterproposal and public comment: 

### None. Does 

### thiI SIP revision 

### aft'ect any currentpolicies or require development ofnew policies? 

### No.
.

. 

## . What

### are the couequenc:ea if

### this 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 fromPFCswill 

### beless stringentthanthefederalrole.



### • Alternatives: Do

### notrepealthePFCrole andnotrevisethe SIP. However, manufacturerswould be subjectto both the 

### Texas PFC rule andthe 

### federal role, 

### which could result in 

### confusion for 

### manufacturers. Key

### poin1B in adoption SIP revision 

### schedule: 

### TaasRegisterproposal publicationdate: 

### Nt A Anticipated 

### Tt!XIISRegisterpublication date: 

### Nt A Anticipated effective date: 

### NtA Six-month 

### TexasRegisterfiling deadline: 

### NtA 

### Agencyeontaets: LisaShuvalov, RuleProjectManager, 239-4484, AirQuality

### Division ChrissieAngeletti, Staff

### Attorney, 239-1204 MichaelParrish, TexasRegisterCoordinator, 239-2548 Attachments: None.

### Commissioners Page4 January

### 22, 2010 Re: 

### Docket

### No. 2009-0744-SIP

cc: Chief

### Clerki 5

### copies 

### ExecutiveDirector's Office SusanaM. Hildebrand, P.E. 

### KevinPatteson Curtis Seaton 

### DanielWomack Office

### ofGeneral

### Counsel LisaShuvalov Chrissie Angeletti

# STAFF RECOMMENDATIONSSTATE OF TEXAS AIR QUALITY IMPLEMENTATION PLAN FORTHE CONTROL OF OZONE AIR POLLUTION

FORALL AFFECTED 1997 EIGHT-HOUR OZONE STANDARD NONATTAINMENT AND NEARNONATTAINMENT AREAS IN THE STATE OF TEXAS 

# ..,
- -- 

# III TCEQ

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



### TEXAS PORTABLEFUELCONTAThffiR STATE IMPLEMENTATIONPLAN REVISION

PROJECT NO. 2009-024-SIP-NR Adoption February 10,2010EXECUTIVE 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 thatwere adopted by California in 2001. The adoption ofrulemaking thatrepeals 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 ofthe 1997 eight-hour ozone standard in the State of Texas. Because the federal PFC rule provides emissions reductions equivalent to or greaterthan 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 ofthis SIP revision will not have anegative impacton 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 ofOzone Air Pollution. The Texas PFC rule is cited as part ofthe ozone control strategy in the following Texas SIP revisions: the Post 1999 Rate-Cf-Progress Demonstration Plan For The Houston-GalvestonBrazoria NonattainmentArea (2004), the Five PercentIncrement ofProgress SIP revision for the Dallas-Fort Worth area (2005), the Eight-Hour Ozone Maintenance Plan ForThe 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 ofAgreementPlan (2008). After staffdiscussions with the EPA, it was determined thatthe 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 exceedthose derived from the state PFC rule.

Adoption February 10,2010SECTION 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 ofthe 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 ofthe TNRCC to the Texas Commission on Environmental Quality (TCEQ). In 2009, the 81 st Texas Legislature, during a special session, amended 

### § 5.014 ofthe Texas Water Code, chWIging the expiration date ofthe TCEQ to September 1,2011, unless continued in existence by the Texas SunsetAct. The TCAA specifically authorizes the TCEQ to establish the level ofquality to 

### be maintained in the state's air 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 ofemissions; to conduct research WId investigations; to enter property WId examine records; to prescribe monitoring requirements; to institute enforcementproceedings; 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 ofthe state as well as with industries WId the federal government; WId to establish WId operate a system ofpermits for construction ormodification offacilities. Local government authority is found in SubchapterE 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 territorialjurisdiction, 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 ofair pollution not inconsistent with the provisions of the TCAA WId the rules or orders ofthe commission.
Adoption February 10,2010 iiSubchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and maintenance programs in certain areas ofthe state, consistentwith 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: SubchapterJ: SubchapterL: Chapter 5: Texas Natural Resource Conservation Commission Subchapter A: General Provisions SubchapterB: Organization ofthe Texas Natural Resource Conservation Commission SubchapterC: Texas Natural Resource Conservation Commission SubchapterD: General Powers and Duties ofthe Commission SubchapterE: Administrative Provisions for Commission SubchapterF: Executive Director(except §§ 5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and 5.236) Delegation ofHearings Judicial Review Consolidated PermitProcessing Emergency and Temporary Orders (§§ 5.514, 5.5145, and 5.515 only) Chapter 7: Enforcement SubchapterA: General Provisions (§§ 7.001, 7.002, 7.0025, 7.004, and 7.005 only) SubchapterB: Corrective Action and Injunctive Relief(§ 7.032 only) Subchapter C: Administrative Penalties SubchapterD: Civil Penalties (except §7.109) Subchapter E: Criminal Offenses and Penalties: §§ 7.177, 7.179-7.183 Rules All of the following rules are found in 30, Texas Administrative Code, as of the following effective dates: Chapter 7: Memoranda ofUnderstanding, §§ 7.110 and 7.119 Chapter 19: Electronic Reporting Chapter 35: Subchapters A-C, K: Emergency and Temporary Orders and Permits; Temporary Suspension orAmendment ofPermitConditions May 2,2002 March 1, 2007

July 20, 2006
Adoption February 10, 2010 

### iiiChapter 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, SubchapterA 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 MotorVehicles June 26, 2008 Chapter lIS: Control ofAir Pollution from Volatile Organic Compounds July 19,2007 Chapter 116: Pennits forNew Construction orModification May 29, 2008 Chapter 117: Control ofAir Pollution by Control ofAirPollution 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 PennitRevisions June 3, 2001 Chapter 122: 

### § 122.216: Applications for MinorPennitRevisions June 3, 2001 Chapter 122: § 122.217: Procedures for MinorPennitRevisions December 11,2002 Chapter 122: 

### § 122.218 MinorPennitRevision 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-PortArthur (Revised) 4. EIPaso (No change) 5. RegionalStrategies (No change) 6. Northeast Texas (Revised) 7. AustinArea (Revised) 8. SanAntonioArea (Revised) C. Particulate Matter (No change) D. Carbon Monoxide (No change) E. Lead (No change) F. Oxides ofNitrogen (No change) G. SulfurDioxide (No change) H. Confonnity withthe National AmbientAir 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 PowerUnits ARPDB

-- Acid Rain Program DataBase ATCM

- Airborne Toxic Control Measure auto-GC

-- Automated Gas Chromatograph BACT

-- BestAvailable Control Technology BCCA-AG

-- Business Coalition for Clean Air-Appeal Group BMP

-- BestManagementPractices BPA

-- Beaumont-PortArthur Btu/hr

-- BritishThennal Units perHour Btu/scf

-- BritishThennal Units per Standard Cubic Feet CAE

-- Cetane Additive Enhanced Diesel Fuel CAIR

-- Clean Air InterstateRule CAMx

-- Comprehensive AirModel with Extensions CARB

-- CaliforniaAir 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 DFWAD SIP

- DFWAttainmentDemonstration SIP Revision DPM

-- Diesel Particulate Matter DRRP

-- Diesel RiskReduction Program DV

-- Design Value DVc -- CurrentDesign 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

-- EnergyEfficiencylRenewableEnergy EGAS

-- Economic GrowthAnalysis 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 AttainmentDemonstration ESL

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

-- Fahrenheit FAA

-- Federal Aviation Administration FCAA

-- Federal Clean AirAct Adoption February 10,2010 vi

### FCV

-- Fuel Cell Vehicle FGR

-- Flue Gas Recirculation FHW A

-- Federal Highway Administration FR

-- Federal Register FT -. Fischer-TropschDiesel Fuel GIS

-- Geographic Information System GloBEIS

-- Global Biosphere Emissions and Interactions System gpm -- Gallons perMinute GTM

-- Gross Ton Mile HAP

-- Hazardous AirPollutant HARC

-- HoustonAdvanced Research Center HOT

-- Heavy-Duty Truck HECT

-- Highly Reactive Volatile Organic CompoundEmissions Cap and Trade Program HGB

-- Houston-Galveston-Brazoria H-GAC

-- Houston-Galveston Area Council HOV

-- High OccupancyVehicle 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

-- LowestAchievable Emission Rate Ib/MMBtu

-- Pound perMillionBritishThermal Units LDAR

-- LeakDetection andRepair LIDIR

-- LightDetection and Ranging LDEQ

-- LouisianaDepartmentofEnvironmental 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 LowEmissionVehicle ITProgram LIRAP

- Low Income RepairandAssistance Program LNB

-- Low Nitrogen Oxides (NOx) 

### Burners LNC

-- LowNitrogen Oxides (NOx) 

### Combustors LNG

-- LiquefiedNatural Gas LTO

-- Landing and Take-Off MACT

-- Maximum Achievable Control Technology Mcf

-- Thousand Cubic Feet MCR

-- Mid-Course Review MDPV

-- Medium-Duty PassengerVehicle MECT

-- Mass Emissions Cap and TradeProgram MM5

-- Fifth Generation Meteorological Model MMBtuIhr

-- Million British Thermal Units perHour MMcf

-- Million Cubic Feet MMS

-- Minerals Management Service Adoption February 10,2010 viiMOA

-- Memorandum ofAgreement MON

-- Miscellaneous Organic National Emission Standards for Hazardous Air Pollutants (NESHAP) mph

-- Miles perHour MVEB

-- MotorVehicle 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

-- NanogramperJoule 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 DevelopmentProgram 0 3 -- Ozone OGV

-- Ocean-Going Vessel PAYO

-- PayAs 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 Matter2.5 microns and less ppb

-- Parts PerBillion ppbC

-- Parts PerBillion Carbon ppbv

-- Parts PerBillionby Volume ppm -- Parts PerMillion 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 FurtherProgress RMSE

-- Root Mean Square Error ROP

-- Rate-of-Progress RRF

-- Relative Reduction Factor SB

-- Senate Bill SCAQMD

-- South CoastAir Quality ManagementDistrict scfm

-- Standard Cubic FeetperMinute SCR

-- Selective Catalytic Reduction SEP

-- Supplemental Environmental Programs SETPMTC

-- SoutheastTexas Photochemical Modeling Technical Committee SIC

-- StandardIndustrial Classification Adoption February 

### 10,2010 viiiSIP

-- 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 AirAct 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 peryear 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 Listof Acronyms Table of Contents 

### Chapter 1. Background and Introduction 1.1. General 1.2. Health Effects 1.3. Public/StakeholderParticipation 1.4. Social andEconomic Considerations 1.5. Fiscal andManpowerResources Chapter 2. Texas PFC Rule Repeal 2.1. PortableFuel 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 AppendixName FederalRegisterRule vs. 

### TexasRegisterRule Portable Fuel Containers, EPA analysis

Adoption February 10,2010 xiTable 1.1
Table 2.1 Table 2.2
Table 2.3 

### LIST OF TABLES
Table Name
Texas SIP Revisions and Memorandum ofAgreementthat Cite the State PFC Rule Comparison ofState and Federal PPC Regulations Statewide VOC Emissions Reductions (ozone season tpd): Federal vs. State PFC Rules HOB AreaVOC 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 ofthe Texas State Implementation Plan (SIP)," a comprehensive overview ofthe SIP revisions submitted to the United States Environmental Protection Agency (EPA) by the State ofTexas 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 ofthe Texas ozone control strategy described in the 2004 Rate ofProgress 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 andMemorandum of Agreement 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 similarto PFC regulations that were adopted by the State ofCaliforniain 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 ofthe 1997 eight-hoUr ozone standard: Commission adoption ofthe rule repeal and this SIP revision does notweaken the SIP for the control ofozone. (See Appendix A)

Adoption February 10,2010 1-1Table 1.1: Texas SIP Revisions and Memorandum ofA reementthat 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 PercentIncrement 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-BrazoriaNonattainment Change (2003- Area 033-1l4-Al 2004-086-SIP-NR Austin AreaEarly Action Compact Ozone SIP 5.3.3.A3 5.9 Revision 2005-020-SIP-NR Beaumont-PortArthur Ozone Attainment 5.2.1 5-1 Demonstration SIP Revision 2004-085-SIP-NR San Antonio AreaEarly Action Compact Ozone SIP 5.3.3.A4 5.8 Revision 2004-077-SIP-NR NortheastTexas AreaEarly Action Compact Ozone 3.6 3-3 SIP Revision 2007-020-MIS-NR Austin-Round RockEight-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 oflung 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 oftime outdoors during summer and during the start ofthe 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/STAKEHOLDERPARTICIPATION TCEQ staffwere present atthe following time and location to conducta public hearing on the proposed SIP revisioD. and rule package. No member ofthe public wished to presentcomments, so staffdid 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 SOCIALAND ECONOMIC CONSIDERATIONS For a detailed explanation ofany social or economic issues involved with the adopted rulemaking to repeal the Texas PFC rule, Rule ProjectNo. 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 MANPOWERRESOURCES 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 1-3CHAPTER 2: 

### TEXAS PORTABLE FUEL CONTAINERRULE 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 FederalRegister 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 offduring 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 butnot bythe staterule. 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 ofState 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: HGBArea VOCEmissionsReductions (ozone season tpd): Federalvs. State PFCRules, 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 withrule 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 2-1Table 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 ofthe 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 Reductionsfrom 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 ofthe state PFC rule will notnegatively affect Texas' attainment ofthe 1997 eight-hour ozone standard. Commission adoption ofthe rule repeal and SIP revision will not weaken the control strategy 

### in the State ofTexas Air Quality Implementation Plan for the Control ofOzone 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

ORDERADOPTING REPEALED RULES AND REVISION TO THE STATEIMPLEMENTATION 

### 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 ofTexas 

### Air Quality Implementation Plan for the Control ofOzone 

### 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 ofthe Texas PFC rule will not negatively impact the State ofTexas Air Quality Implementation Plan for the Control ofOzone 

### 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 ofthe state's air and to issue orders consistent with the policies and purposes ofthe 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 propernotice, 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 priorto the date ofthe hearing. A public hearing was held in Building E, Room 201 at the Commission's central office located at 12100Park 35 Circle on October 6, 2009. The Commission circulated hearing notices ofits intended action to the public, including interested persons, the Regional Administrator ofthe EPA, and all applicable local air pollution control agencies. The public was invited to submit data, views, and recommendations on the proposed repealed rules and SIP revisions, either orally or in writing, at the hearing or during the comment period. Prior to the scheduled hearing, copies ofthe 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 Registerrequirements. 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 ofthis 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 ofany portion shall not affectthe validity ofthe remaining portions.
Date issued: 

# FEB 12 2010**TEXASCO~SIO]~ON** ENVIRONMENTAL

### (:u~ JJIIu.

_

.......

# ~!Ilf!!l-law,**Ph.D.~~**