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SIP Revision: Eight-Hour Ozone and Fine Particulate Matter Transport, April 16, 2008

Revision to the State Implementation Plan (SIP) adopted on April 16, 2008.

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On April 16, 2008, the commission adopted a revision to the Texas SIP to address transport of eight-hour ozone and fine particulate matter (PM2.5). No rulemaking is associated with this adoption package.

Summary of the Transport SIP Revision

On July 18, 1997, the United States Environmental Protection Agency (EPA) promulgated new National Ambient Air Quality Standards (NAAQS) for eight-hour ozone and for PM2.5. Section 110(a)(1) of the FCAA requires states to submit new SIPs to provide for the implementation, maintenance, and enforcement of new or revised NAAQS. Section 110(a)(2) lists the elements that the new SIP submissions must contain. SIPs for a new or revised NAAQS must contain adequate provisions to address interstate transport of air pollution, pursuant to section 110(a)(2)(D)(i). On April 25, 2005, the EPA published a finding of failure to submit in the Federal Register (70.78) that required SIPs relating to interstate transport of eight-hour ozone and PM2.5. The finding of failure to submit identified Texas as a state that had not properly addressed interstate transport pollution in its SIP, which started a two-year clock for the promulgation of a Federal Implementation Plan.

Several areas in Texas are designated nonattainment for the eight-hour ozone NAAQS, but the entire state is currently designated attainment for the 1997 24-hour and annual standards for PM2.5 NAAQS. This revision to the Texas SIP for ozone and PM2.5 transport sets forth how the TCEQ will meet these FCAA requirements. The purpose of this SIP revision is to document that any emissions from Texas sources that may have contributed to nonattainment in another state have been mitigated through existing control strategies.

Elements of the Transport SIP Revision

The EPA’s “SIP Guidance on Section 110(a)(2)(D)(i) Findings of Failure to Submit,” dated August 11, 2006, notes that states participating in the Clean Air Interstate Rule (CAIR) will satisfy the transport SIP requirements for ozone and PM2.5 by submitting a CAIR SIP. Based on the EPA’s guidance, since Texas is participating in the federal CAIR program for PM2.5, Texas has addressed annual SO2 and NOX transport for PM2.5. Therefore, Texas’ PM2.5 transport SIP obligation has been partially fulfilled by the submission of the CAIR SIP to the EPA on August 3, 2006. This SIP revision includes verification that the Prevention of Significant Deterioration and Nonattainment New Source Review permitting programs and the Protection of Visibility requirements are being implemented in Texas.

Texas is not regulated under the CAIR program for eight-hour ozone contribution. However, in addition to the annual NOX reductions required because of the PM2.5 contribution under the CAIR program, Texas has a strategy in place for the eastern part of the state to reduce NOX emissions from electric utilities. This strategy, along with other NOX reducing programs in the nonattainment area SIP revisions, regional SIP revisions, the Early Action Compact SIP revisions, and the Eight-Hour Ozone Flex Program, is the basis of Texas’ Eight-Hour and Ozone PM2.5 Transport SIP submission.

The control strategies defined in this submission are comparable to the CAIR program and include emission specifications for attainment demonstrations regarding electricity generation by utilities in ozone nonattainment areas; emission specifications for electricity generation by utilities in East and Central Texas; Texas-specific legislation from (Senate Bill 7, 2001) that requires a regional NOX cap-and-trade program; and a Mass Emissions Cap and Trade program in the Houston-Galveston-Brazoria nonattainment area. Information regarding additional control strategies in the eight-hour and former one-hour ozone SIP revisions, Early Action Compact SIP revisions, and an Eight-Hour Ozone Flex Program have also been incorporated into this SIP revision.

This SIP revision documents the appropriate supporting information that includes, but is not limited to background information, significant contribution elements, noninterference with maintenance, prevention of significant deterioration, and protection of visibility.

Based on the EPA’s, “Technical Support Document for the Final Clean Air Interstate Rule Air Quality Modeling,” (March 2005), all of the nearest state (Colorado, Arkansas, Tennessee, Missouri, and Louisiana) nonattainment areas (Denver, Memphis–West Memphis, St. Louis, and Baton Rouge) will be attaining the eight-hour ozone and PM2.5 standards. Therefore, Texas has adequately addressed any potential transport issues associated with eight-hour ozone and PM2.5 and fulfilled its eight-hour ozone and PM2.5 transport SIP obligations through its participation in CAIR and the implementation of ozone strategies for the one-hour and eight-hour standards.

November 7, 2007, Proposed SIP Narrative and Appendixes

The following documents are in PDF unless noted. (Help with PDF.)

Proposal Comments

The following comments were received:
Sierra Club Houston Regional Group    

Contact Information

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