1 Appendix A- Supplement to the Technical Support Document(TSD) This Appendix is written as a supplement to our TSD to properl y reflect the update s to the Texas Emission Events rule fo llo wing our May 13, 2010 (75 FR 26892) proposal

. I n a letter dated August 5, 2010, TCEQ noti fied EPA of its withdrawal of sections 101.201(h) (concerning annual emissions event reporting) and 101.211(f) (concerning annual scheduled maintenance, startup, and shutdown activity reporting), as adopted by the State on December 14, 2005, f

rom consideration as a revision to the Texas SIP. The withdrawal of these two pi eces of the submission does not affect our ability to take final action approving the remaining pieces we proposed to approve. As an initial matter, the withdrawn portions are independent provisions that are severable from the remaining regulations pending before EPA. In addition, the withdrawal of these provisions does not create a defect in the remaining portions of th e rule for which we proposed approval. Paragraphs (a) through (g) of section 101.201 and paragraphs (a) through (e) of section 101.211 acted upon today contai n all of the necessary requirements for how and when to report excess emissions events. TCEQ only withdrew the annual reporting requirement in the two paragraphs, and an annual reporting requirement is not a criterion for an approvable excess emissions SIP revision. Furthermore, TCEQ al ready has the abilit y to collect emission s i nfo rmati on

under the Texas SIP at th e Em issio n Inventory Requirements in 30 TAC section s 101.10 (b) and (f), which require an owner or operator to submit em

issio n inventories and/or related data, including excess emissions occurring during maint enance activities, startup and shutdowns, and upset conditions, to the state. Section 101.10 was approved into th e Texas SIP on January 26, 1999 at 64 FR 3847. Because the submitted rule and the Texas SIP already contain adequate reporting requirements for excess emissions during planned and unplanned startup, shutdown, maintenance and malfunction events, TCEQ’s withdrawal of the sections referenced above does not affectour parti al approval of the remaining portions of the rule which were proposed for approval

. Thus, as outlined in the Table below, we are taking final action to approve all of the provisions for which we proposed approval , wi th the exception of withdrawn sections 101.2 0 1(h) and 101.211(f) of th e January 23, 2006 SIP submittal

. We have made TCEQ’s August 5, 2010 wit hdrawal let ter available fo r public inspection in th e docket associated with this action, identified as EPA-R06- OAR-2006-0132.2

In addition, the title V deviation reporting requirements should provide significant info rmati on regarding emission event violations to the State f or majo r sources. 30 TAC General Air Quality Rule 101 Type of Action Type of Change Subchapter A, Section 101.1 (Definitions) Approval Revised Section Subchapter F, Section 101.201 (Emissions Event Reporti

ng and Recordkeeping Requirements) – see th e note below* Approval Revised Section
Subchapter F, Section 101.211 (Scheduled Maintenance, Startup, and Shutdown Reporti ng and Recordkeeping Requirements) – see th e note below* Approval Revised Section

Subchapter F, Section 101.221 (Operati onal Requirements) Approval New Secti on Subchapter F, Section 101.222 (a) – (g) (Demonstrations ) Approval New Secti on Subchapter F, Section 101.222 (h) – (j) (Demonstrations) Disapproval New Secti on Subchapter F, Section 101.223 (Actions to Reduce Excessive Emissions). Approval New Secti on * Note: Secti ons 101.201(h) and 101.211(f) Wit hdrawn by TCEQ, A ugust 5, 2010 letter Revised Section
We have included a copy of the Region 6 Order establishing line of succession to the posi ti on of Regional Administrator in the docket for public inspection and review. A copy of the July 28, 2010 meeting summary with Luminantand some of representative of power i ndustry with EPA Region 6 is included in the docket for public inspection and review. A copy of the summary of the October 22, 2010 conference call between EPA Region 6 and the University of Texas, School of Law, Environmental Clinic produced by Mr. Thomas Diggs is included in the docket fo r public inspection and review.