UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE, SUITE 1200

DALLAS TX 75202-2733

DEC 9 - 2011

The Honorable Rick Perry

Governor ofTexas

Post Office Box 12428

Austin, Texas 78711

Dear Governor Perry:

Thank you for your recommendations dated October 31,2011, on air quality designations for the revised

2008 National Ambient Air Quality Standards for ozone throughout Texas. I appreciate the information

Texas shared with the U.S. Environmental Protection Agency (EPA) as we move forward to improve ozone

air quality. This letter is to notify you ofthe EPA's preliminary response to recommendations trom Texas

and to inform you of our 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 increased protection of public health and the environment. The EPA lowered the primary

8-hour ozone standard from 0.08 parts per million (ppm) to 0.075 ppm to protect against health effects

associated with ozone exposure, including a range ofserious respiratory illnesses and increased premature

death from heart or lung disease. The EPA revised the secondary 8-hour ozone 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 better health 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 meet the standards and those

that need to take steps to reduce ozone pollution. Within one year after a new or revised air quality standard

is established, the Clean Air Act requires the governor of each state to submit to the EPA a list

of all 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 September 2009, the EPA

announced it was reconsidering the 2008 ozone standards. The EPA later took steps to delay the designation

process for the 2008 ozone standards pending outcome ofthe reconsideration. However, in September 20 II, the

Office ofManagement and Budget returned to the EPA the draft final rule addressing the reconsideration ofthe

2008 ozone standards. On September 22,2011, the EPA restarted the implementation effort by issuing a

memorandum to clarify for state and local agencies the status ofthe 2008 ozone standards and to outline plans for

moving forward to implement them. The EPA indicated that it would proceed with initial area designations for

the 2008 standards, and planned to use the recommendations states made in 2009 as updated by the most current,

certified air quality data from 2008-2010. While the EPA did not request that states submit updated designation

recommendations, the EPA provided the opportunity for states to do so. Thank you for the October 31, 20 II,

updated designation recommendation from Texas based on the assessment of2008-2010 air quality data.

As required by the Clean Air Act, the EPA will designate an area as nonattainment ifit is violating the

2008 ozone standards or contributing to a violation ofthe standards in a nearby area. Consistent with

designations for previous 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 Free
attainment if there are certified, quality-assured air quality monitoring data showing the area is meeting the

ozone standards or there are no monitoring data for the area, and the EPA has not made a determination that

the area is contributing to a violation in a nearby area.

After considering the October 2011 ozonc dcsignation recommendations from Texas and other relevant

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. For the 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. For the 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. Our proposed 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 for review and comment. We wiIl be announcing a

30-day public comment period shortly in the Federal Register. 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 pollution reduction rules for

power plants, vehicles and fuels, will assure steady progress to reduce ozone-forming pollution and will

protect public health in communities across the country. We look forward to a continued dialogue with you

and your staff as we work together to implement the 2008 ozone standards. Should you have any questions,

please do not hesitate to contact me at (214) 665-2100, or have your staff contact Mr. Guy Donaldson ofmy

staff at (214) 665-7242.

err nz

Regional Administrat

Enclosure

cc: Bryan W. Shaw, Ph.D., Chairman,

Texas Commission on Environmental Quality

Mark Vickery, P.G., Executive Director,

Texas Commission on Environmental Quality

Susana M. Hildebrand, P.E., ChiefEngineer

Texas Commission on Environmental Quality