UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLASTX 75202-2733
DEC 9 - 2011 The Honorable Rick Perry Governor ofTexas Post Office Box 12428 Austin, Texas 78711

Dear GovernorPerry:

Thank you for yourrecommendations dated October 31,2011, on air quality designations for the revised 2008 National Ambient Air Quality Standards for ozone throughout Texas. Iappreciate the information Texas shared with the U.S. Environmental Protection Agency (EPA) as we move forward to improve ozone air quality. This letteris to notify you ofthe EPA's preliminary response to recommendations trom Texas and to inform you ofour approach for completing the designations for the revised ozone standards.

On March 12,2008, the EPA revised its national ambient air quality standards for ground-level ozone to provide increasedprotection ofpublic health and the environment. The EPA lowered the primary 8-hourozone standard from 0.08 parts permillion (ppm) to 0.075 ppm to protect against health effects associated with ozone exposure, including arange ofserious respiratory illnesses and increasedpremature death from heart orlung disease. The EPA revised the secondary 8-hourozone standard, making it identical to the primary standard, to protect against welfare effects, including impacts on sensitive vegetation and forested ecosystems. History shows us that betterhealth and cleaner air go hand-in-hand with economic growth. Working closely with the states and tribes, the EPA is implementing the standards using a common sense approach that improves air quality and minimizes the burden on state and local governments. As part ofthis routine process, the EPA is working with the states to identify areas in the country that meetthe standards andthose that need to take steps to reduce ozonepollution. Within one year after anew orrevised air quality standard is established, the Clean AirActrequires the governor ofeach state to submitto the EPA a list ofall areas in the state, with recommendations for whether each area meets the standard. As a first step in implementing the 2008 ozone standards, the EPA asked states to submit their designation recommendations, including appropriate area boundaries, by March 12,2009. In September2009, the EPA announced itwas reconsideringthe 2008 ozone standards. The EPA latertook steps to delaythe designation process for the 2008 ozone standards pending outcome ofthe reconsideration. However, in September20II, the Office ofManagement and Budgetreturned to the EPA the draft final rule addressing the reconsideration ofthe 2008 ozone standards. On September22,2011, the EPArestarted the implementation effortby issuing a memorandumto clarify for state and local agencies the status ofthe 2008 ozone standards andto outlineplans for moving forward to implementthem. The EPA indicatedthatitwould proceedwith initial area designations for the 2008 standards, and plannedto usethe recommendations states made in2009 as updated bythe most current, certified air quality data from 2008-2010. While the EPA did notrequestthat states submitupdated designation recommendations, the EPA provided the opportunity for states to do so. Thank you for the October 31, 20II, updated designation recommendation from Texas based on the assessment of2008-2010 air quality data.

As required bythe Clean AirAct, the EPA will designate an area as nonattainment ifit is violating the 2008 ozone standards orcontributing to aviolation ofthe standards in anearby area. Consistent with designations forprevious ozone standards, the EPA intends to designate an area as unclassifiablel

Internet Address (URL) • http://www.epa.gov/region6 Recycled/Recyclable

_ Printed with Vegetable Oil Based Inks on 100% Recycled Paper, Process Chlorine Freeattainment ifthere are certified, quality-assured air qualitymonitoring data showing the area is meeting the
ozone standards orthere are no monitoring data for the area, and the EPA has not made a determination that the area is contributing to a violation in anearby area.
After considering the October 2011 ozonc dcsignation recommendations from Texas and otherrelevant technical information, including 2008-2010 air quality data, the EPA intends to modify the state's recommended area designations and boundaries for the Dallas-Fort Worth and Houston areas. Forthe DallasFort Worth area, Texas recommended that Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties, which constitute the current nonattainment area, be designated nonattainment. At this phase in the process, in addition to these counties, we intend to designate Hood and Wise Counties as nonattainment. Forthe Houston area, Texas recommended that Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller Counties, which constitute the current nonattainment area, be designated nonattainment. In addition to these counties, we intend to designate Matagorda County as nonattainment. Ourproposed inclusion ofthese additional areas into the nonattainment
area is due to emissions and transport phenomena from both. The enclosed Technical Support Document provides a detailed analysis in support thereof. The EPA intends to designate all other areas ofthe state as unclassifiable/attainment.

The EPA will continue to work with state officials regarding the appropriate boundaries for the areas in Texas. IfTexas has additional information that you would like the EPA to consider, please submit it to us by February 29,2012. The EPA will also make its preliminary designation decisions and supporting documentation available to the general public forreview and comment. We wiIl be announcing a 30-daypublic comment period shortly in the FederalRegister. After considering additional information we receive, the EPA plans to promulgate final ozone designations in the spring of2012.

The EPA is committed to working with the states and tribes to share the responsibility ofreducing ozone air pollution. Current and upcoming federal standards and safeguards, including pollutionreduction rules for powerplants, vehicles and fuels, will assure steadyprogress to reduce ozone-forming pollution and will protectpublic health in communities across the country. We look forward to a continued dialogue with you and your staffas we worktogetherto implement the 2008 ozone standards. Should you have any questions, please do not hesitate to contact me at (214) 665-2100, orhave your staffcontact Mr. Guy Donaldson ofmy staffat (214) 665-7242.

err nz Regional Administrat

Enclosure

cc: Bryan W. Shaw, Ph.D., Chairman, Texas Commission on Environmental Quality

MarkVickery, P.G., Executive Director, Texas Commission on Environmental Quality

Susana M. Hildebrand, P.E., ChiefEngineer Texas Commission on Environmental Quality