October
4,
2004
Nitrogen
Oxides
Exemption
Guidance
for
Proposed
Rule
to
Implement
the
8­
Hour
Ozone
National
Ambient
Air
Quality
Standard
Environmental
Protection
Agency
Mail
Code:
6102T
1200
Pennsylvania
Ave.,
NW.
Washington,
DC
20460
Attention
Docket
ID
No.
OAR­
2003­
0079
Re:
Comments
on
EPA's
Draft
Nitrogen
Oxides
Exemption
Guidance
for
Proposed
Rule
to
Implement
the
8­
Hour
Ozone
National
Ambient
Air
Quality
Standard;
proposed
rule
published
in
the
September
1,
2004
Federal
Register.
Docket
ID
No.
OAR­
2003­
0079
Dear
Sirs:

The
Texas
Commission
on
Environmental
Quality
(
TCEQ)
appreciates
the
opportunity
to
comment
on
the
Environmental
Protection
Agency's
(
EPA)
Draft
Nitrogen
Oxides
Exemption
Guidance
for
the
Proposed
Rule
to
Implement
the
8­
hour
Ozone
National
Ambient
Air
Quality
Standard.
Texas
may
need
to
utilize
the
exemption
in
the
future,
and
Texas
believes
the
exemption
should
be
retained
as
an
option
for
states.

Therefore,
Texas
would
like
to
provide
the
following
suggestions
for
changes
to
the
guidance
document
with
our
expression
of
support.
The
TCEQ
recommends
the
following
changes:

°
Texas
believes
that
EPA
should
not
categorically
rule
out
alternatives
to
photochemical
modeling
to
support
an
exemption.
For
example,
to
show
that
excess
reductions
do
not
benefit
general
air
quality,
other
support
such
as
monitoring
data
or
emissions
inventory
should
be
considered.

°
EPA
should
provide
more
specific
guidance,
standards,
and
criteria
about
the
particular
requirements
that
an
area
can
become
exempt
from
performing,
and
under
what
specific
conditions,
if
any,
exemptions
will
or
will
not
be
approved.
In
addition,
EPA
should
include
more
specific
guidance
about
the
substantive
and
temporal
requirements
a
state
or
area
would
be
subject
to
if
it
desired
to
generate
additional
support
for
an
exemption
or
to
appeal
a
decision
to
deny
or
repeal
an
exemption.
Nitrogen
Oxides
Exemption
Guidance
for
Proposed
Rule
to
Implement
the
8­
Hour
Ozone
Page
2
October
4,
2004
°
EPA
should
provide
additional
guidance
on
how
frequent
and
how
extensive
additional
support
will
need
to
be
to
maintain
an
exemption.

The
TCEQ
appreciates
the
opportunity
to
comment
on
the
draft
guidance.
If
there
are
any
questions
or
a
need
for
clarification
on
any
of
the
comments
submitted,
please
do
not
hesitate
to
contact
Mr.
David
C.
Schanbacher,
P.
E.,
at
(
512)
239­
3900.

Sincerely,

Glenn
Shankle,
Executive
Director
Texas
Commission
on
Environmental
Quality
