1

Appendix A - Supplement to the Technical Support Document (TSD)

This Appendix is written as a supplement to our TSD to properly reflect the updates to the 

Texas Emission Events rule following our May 13, 2010 (75 FR 26892) proposal.

In a letter dated August 5, 2010, TCEQ notified 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, from consideration as a revision to the Texas SIP. The withdrawal of these 

two pieces 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 As an initial matter, the withdrawn portions are 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 

the 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 contain 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 already has the

ability to collect emissions information under the Texas SIP at the Emission Inventory 

Requirements in 30 TAC sections 101.10 (b) and (f), which require an owner or operator to 

submit emission inventories and/or related data, including excess emissions occurring during 

maintenance activities, startup and shutdowns, and upset conditions, to the state. Section 101.10 

was approved into the 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 affect our 

partial 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we proposed approval, with the exception of withdrawn sections 101.201(h) and 101.211(f) of 

the January 23, 2006 SIP submittal. We have made TCEQ’s August 5, 2010 withdrawal letter 

available for public inspection in the docket associated with this action, identified as EPA-R06-

OAR-2006-0132. 
2

In addition, the title V deviation reporting requirements should provide significant 

information regarding emission event violations to the State for major 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 Reporting and Recordkeeping 

Requirements) – see the note below*

Approval Revised Section

Subchapter F, Section 101.211 (Scheduled 

Maintenance, Startup, and Shutdown 

Reporting and Recordkeeping 

Requirements) – see the note below*

Approval Revised Section

Subchapter F, Section 101.221 

(Operational Requirements)

Approval New Section

Subchapter F, Section 101.222 (a) – (g)

(Demonstrations)

Approval New Section

Subchapter F, Section 101.222 (h) – (j) 

(Demonstrations)

Disapproval New Section

Subchapter F, Section 101.223 (Actions to 

Reduce Excessive Emissions). 

Approval New Section

* Note: Sections 101.201(h) and 

101.211(f)

Withdrawn by TCEQ, 

August 5, 2010 letter

Revised Section

We have included a copy of the Region 6 Order establishing line of succession to the 

position of Regional Administrator in the docket for public inspection and review. 

A copy of the July 28, 2010 meeting summary with Luminant and some of representative 

of power industry 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 for public inspection and review.