ENVIRONMENTAL PROTECTION AGENCY

[EPA-R06-OAR-2010-0510; FRL - _______] 

Audit Program for Texas Flexible Permit Holders 

AGENCY:  Environmental Protection Agency (EPA). 

ACTION:  Final Notice of Clean Air Act (CAA) voluntary audit compliance
program for flexible permit holders in the State of Texas (hereinafter
“Audit Program”); response to public comments.

SUMMARY:  EPA is offering holders of Texas flexible air permits an
opportunity to participate in a voluntary Audit Program that is intended
to expeditiously identify the federally-enforceable CAA unit specific
emission limitations, operating parameter requirements, and monitoring,
reporting, and recordkeeping (MRR) requirements for determining
compliance for all units covered by a facility’s flexible permit.  EPA
believes that the program will generate environmental benefits for the
public in Texas as well as a measure of regulatory stability for holders
of Texas flexible permits.  This Final Notice makes modifications to the
Audit Program based on comments received during the public comment
period.   A separate document contains the Agency’s Response to
Comments (RTC).

	

DATES:  Executed Audit Agreements may be submitted no later than [Insert
date 90 days from date of publication in the Federal Register].  
Participants who execute an Audit Agreement by [insert date 45 days from
date of publication in the Federal Register] will receive a waiver of
the gravity component of any penalties resulting from noncompliance
uncovered by the Audit.  

DOCKET: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2010-0510.  All documents in the docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute.  Certain other
material, such as copyrighted material, will be publicly available only
in hard copy.  Publicly available docket materials are available either
electronically at www.regulations.gov or in hard copy at the Air
Enforcement Section (6EN-AA), Environmental Protection Agency, Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.  The file will be
made available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except
for legal holidays.  Contact the person listed in the paragraph below to
make an appointment.  If possible, please make the appointment at least
two working days in advance of your visit.  There will be a 15 cent per
page fee for making photocopies of documents.  On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas, 75202–2733.

FOR FURTHER INFORMATION CONTACT:  To submit executed Audit Agreements or
for more information on the Audit Program for Texas flexible permit
holders, please contact   Mr. John Jones, Air Enforcement Section
(6EN-AA), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733, telephone (214) 665–7233; fax
number (214) 665–3177; e-mail address, jones.john-l@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Audit Program for Texas Flexible Permit Holders

Audit Program Overview

Texas flexible permits are not part of the federally - approved State
Implementation Plan ("SIP"), and thus, only contain applicable state
permit requirements.  Flexible permits are not the appropriate
mechanisms for embodying federal requirements, and are not independently
federally-enforceable.  On September 25, 2007, EPA sent notice letters
to all facilities that were issued a flexible permit informing them that
flexible permits were pertinent only to Texas State air permit
requirements and that facilities were "obligated to comply with the
federal requirements applicable to (their) plant, in addition to any
particular requirements of (their) flexible permit."  Moreover, on
September 23, 2009, EPA proposed the disapproval of the Texas flexible
permit program as an amendment to the Texas SIP because it does not meet
federal Nonattainment New Source Review or Prevention of Significant
Deterioration (hereafter collectively referred to as “NSR”)
requirements (74 FR 48480).  EPA followed that proposal with several
objections to Title V permits that relied on flexible permits to
encompass federal NSR requirements because the terms of the Texas
flexible permit are not incorporated into the federally - approved Texas
SIP.  EPA finalized disapproval of the Texas flexible permit program on
July 15, 2010 (75 FR 41312).

EPA is proposing the Audit Program as a mechanism for Texas Flexible
Permit holders to transition these permits into SIP approved NSR
permits.  Under the Audit Program, participants would need to commission
a comprehensive third-party Audit to determine all federally-applicable
unit-specific limitations and requirements and to evaluate the federal
CAA compliance status of emission units covered under the facility’s
Texas flexible permit.  The terms and process of the Audit would be set
forth in an agreement executed by EPA and participants.  

Under the agreement, the third-party auditor would identify for each
emission unit regulated under the source’s flexible permit, all
current federally - applicable CAA requirements, including: 1) emission
limitations/standards; 2) operational limitations/special conditions; 

3) monitoring, recordkeeping, and reporting (MRR) requirements; and  4)
specific references for all federal requirements identified (e.g.,
permit number, specific Maximum Achievable Control Technology, State
Implementation Plan citation).  The auditor will also need to review and
assess the adequacy of the MRR requirements in current permits to
evaluate whether MRR is sufficient to demonstrate compliance with all
federally applicable emissions limitations and federal standards.  Where
deficiencies exist, the auditor will provide recommendations for more
effective or supplemental MRR requirements.

To the extent that it is determined that a source is not in compliance
with NSR requirements with respect to a particular emission unit, the
agreement provides that the auditor will include an evaluation of the
current (2010) Lowest Achievable Emissions Rate or Best Available
Control Technology (hereinafter collectively referred to as
“LAER/BACT”) for that emissions unit and will recommend an
applicable LAER/BACT limit for that emissions unit.  Identification of
non-compliance with NSR requirements through the Audit Program may
require further discussion with EPA regarding a path forward for
bringing that emission unit into permanent, consistent compliance with
the CAA. 

As set forth in the agreement, the third party auditor will perform a
year-by-year examination of operational and permitting history of those
emission units under the flexible permit.  The primary deliverable from
the third-party Audit will be a detailed Audit Report that describes the
audit process and its conclusions, including clearly organized summary
tables of all applicable CAA requirements for each emissions unit that
will provide the basis for necessary permitting revisions by the Texas
Commission on Environmental Quality (TCEQ).  In addition to identifying
all applicable unit specific emission limitations, special conditions,
operating parameters, and MRR requirements, the auditor will also
evaluate the CAA compliance status of the emissions units included under
the Texas flexible permit.  

The agreement provides that the Audit Participant will then have an
opportunity to comment on the results of the third-party Audit, and to
propose to EPA alternative emission unit requirements.  The parties may
elect to negotiate emission unit requirements in the post-audit period. 


Finally, under the agreement, any emission unit requirements agreed upon
during the post-audit negotiation with EPA, would be memorialized in a
Consent Agreement and Final Order (“CAFO”) with EPA.  The CAFO would
set forth the agreed upon emission unit requirements and would require
their inclusion in an amended Title V permit and appropriate
federally-enforceable permits (e.g., NSR, Texas SIP permits).  

	As part of this voluntary program, the Audit Participant will also
agree to work with its surrounding community to develop Community
Project(s) focused on improving, protecting, mitigating, and/or reducing
community risks to public health or the environment.  The nature and
valuation of Community Projects will be based upon the outcome of the
Audit and will be finalized during post-audit negotiations with EPA. 
The details of the Community Projects will be fully described in the
CAFO memorializing the results of the Audit. 

EPA is offering this program under its discretionary CAA enforcement
authority and participation in the Audit Program is purely voluntary. 
However, interested parties are required to submit an executed Audit
Agreement to apply for this program.  Participants choosing to enroll in
the Audit Program will be required to meet the specific requirements of
the third-party Audit set forth in this Notice and memorialized in an
Audit Agreement signed by the Audit Participant and EPA.  It is
important to emphasize that although participation in this Audit Program
is voluntary, participants who successfully complete the program and
successfully resolve any non-compliance of specific alleged violations
will receive appropriate covenants and releases as part of that
non-compliance resolution.  Merely conducting an Audit does not release
a participant from potential liability.  

EPA’s Audit Policy, "Incentives for Self Policing: Discovery,
Disclosure, Correction and Prevention of Violations," 65 Fed. Reg.
19,618 (April 11, 2000) recognizes the critical role of environmental
auditing in protecting human health and the environment by identifying,
correcting, and ultimately preventing violations of environmental laws,
particularly by responsible corporate citizens.  This Audit Program
reflects the purpose and incentives of EPA's Audit Policy, and
participants who execute an Audit Agreement by [insert date 45 days from
date of publication in the Federal Register] will receive a waiver of
the gravity component of any penalties resulting from noncompliance
uncovered by the Audit; provided such noncompliance is successfully
resolved through a Consent Agreement and Final Order (CAFO) under this
audit process.  EPA reserves the right to collect any economic benefit
that may have been realized as a result of noncompliance. 

Persons who have not secured independently federally-enforceable
construction and/or operating permits for all CAA applicable
requirements, through participation in this program or through other
appropriate mechanisms, may be the subject of federal enforcement
action.  Nothing in this notice should be read to preclude EPA from
taking enforcement action where it determines such action is appropriate
to address non-compliance. 

Texas Flexible Permit Program History 

In the period from 1996 through 2002, the State of Texas proposed a
series of modifications to its Federal CAA SIP intended to make its
flexible permit program part of the SIP.  The flexible permit program,
currently codified at 30 TAC 116.710, allows groups of emission sources
to be clustered together and issued permit limitations as if they were a
single emission source. 

EPA has never approved the Texas flexible permit program for inclusion
in the SIP.     On September 25, 2007, EPA issued a letter to all
flexible permit holders making the following points:

Permits issued under the Texas flexible permit rules reflect Texas state
requirements and not necessarily the federally-applicable requirements.

Texas flexible permit holders are obligated to comply with the
applicable federal requirements (e.g., New Source Performance Standards
(NSPS), National Emission Standards for Hazardous Air Pollutants
(NESHAP), Prevention of Significant Deterioration (PSD), and
Non-attainment New Source Review (NNSR), terms and conditions of permits
approved under the federally-approved Texas SIP).

EPA would consider enforcement against sources for failure to comply
with applicable federal requirements on a case-by-case basis, including
against emission sources that were modified or constructed without the
issuance of a federally-enforceable permit.

EPA could initiate enforcement proceedings against these sources on a
case-by case basis, However, such an enforcement undertaking on a
case-by case basis is not an efficient approach to improving air quality
and achieving compliance with the CAA.  Therefore, EPA is exercising its
discretion to allow holders of flexible permits to participate in this
voluntary Audit Program as a mechanism to proactively address the status
of emission units operating under the Texas flexible permit program.  

Audit Program Implementation  

Any facility that chooses to participate in the voluntary Audit Program
will  conduct an independent third-party audit of all emission units
covered by the source’s Texas flexible permit to identify/reinstate
all of an emission unit’s federally-applicable requirements, and to
identify each emission unit’s CAA compliance status as discussed under
the Audit Program Overview.  A final CAFO will require that the facility
submit applications for Title V and appropriate federally-enforceable
permits to the State of Texas in order to memorialize the requirements
identified by the audit process for each emission unit.   

The Audit Program shall be implemented in the following steps:

Submittal of an executed Audit Agreement by the Audit Participant.  This
agreement will memorialize the specific requirements of the independent
third-party audit, as well as the company’s commitment to work with
its community to develop a Community Project(s).  EPA will have 15 days
to object to the third-party auditor selected by an Audit Participant. 
Any EPA objections shall be based on concerns regarding the independence
of the auditor.   Executed Audit Agreements under the Audit Program must
be postmarked no later than 90 days after the date of publication in the
Federal Register.  

Completion of Audit Report.  No later than 160 days, or a timeframe
agreed upon by EPA, after the date that the Director of the Compliance
Assurance and Enforcement Division of EPA Region 6 signs the Audit
Agreement, the independent Third-Party Auditor shall submit an Audit
Report to the Audit Participant and EPA.  This report will include a
table containing all of the applicable emission unit requirements for
each unit covered by the Audit Participant’s Texas flexible permit as
well as an analysis of the CAA compliance status for each emissions
unit.  The Audit Report will include an examination of the operational
and permitting history of process units covered by the flexible permit,
and those affected by the flexible permit (i.e., in netting
calculations).  For the purpose of providing transparency to the
community on the audit process, the Auditor will work with the Audit
Participant to prepare a version of the Audit Report with any
confidential business information removed. The non-confidential business
information versions of the Audit Report will be made available to the
public by EPA. 

Audit Participant’s comments regarding the Audit Report.  No later
than 90 days from the completion of the Audit Report, the Audit
Participant shall submit its comments, if any, regarding the Audit
Report to EPA.  The Audit Participant may specifically address its
concerns regarding the CAA compliance determinations and the emission
unit requirements identified in the Audit Report.  For purposes of
providing transparency to the community on the audit process, the Audit
Participant will also prepare a version of the comments on the Audit
Report with any CBI removed.  The Audit Participant’s comments
regarding the Audit Report will be made available to the public by EPA. 


Audit Participant and community development of significant Community
Project(s).  After the completion of the Audit, the Audit Participant
shall work with the community surrounding the facility to develop
community projects(s).  Within 90 days after completion of the Audit
Report, the Audit Participant will submit to EPA a final Community
Project proposal for approval.  The Community Project proposal shall
include a detailed description of the project(s) and a schedule for
project(s) implementation (projects must be completed within one year of
the CAFO date), a clear discussion of air nexus, and a discussion of the
community involvement and outreach conducted as the project was
developed.  The Audit Participant’s Community Project proposal will be
made available to the public for review.  

Resolution of NSR non-compliance.  One of the major objectives of the
third-party auditor will be the evaluation of the permitting history and
operational changes and modifications made during the period of the
Texas flexible permit for compliance with applicable Federal NSR
requirements.  Identification of non-compliance with the NSR program may
require the installation of LAER/BACT and will require further
discussion with EPA regarding a path forward for bringing non-compliant
emission units into permanent, consistent compliance.  As previously
discussed, EPA has elected to waive the gravity portion of any penalties
resulting from noncompliance identified through the Audit for those
Audit Participants that proactively initiate an Audit Agreement within 
45 days of Final Audit FRN publication.   In addition, any final CAFO
will provide a release and covenant not to sue for the violations
alleged. 

Filing of a Consent Agreement and Final Order (CAFO) with the Region 6
Judicial Officer.  The CAFO would set forth the Audit Participant’s
obligation to comply with the requirements of the attached CAFO
Compliance Plan and Schedule and commitment to seek the inclusion of
agreed upon emission unit requirements in its Title V permit and
appropriate federally-enforceable permits.  No later than 30-days after
the effective date of the CAFO, the Audit Participant will apply to the
appropriate permitting authority for a modification of its existing
Title V permit to include emission unit requirements (as defined in the
model below), a compliance plan, and, if warranted, a compliance
schedule as outlined in 30 TAC 122 §132(e)(4) and 40 CFR 70.5(c)(8). 
In addition, the Audit Participant shall apply for modifications or for
new permits memorializing the emission unit requirements set forth in
the CAFO.  The CAFO must address all emission units under the flexible
permit.  EPA will not negotiate settlements where certain emission units
are excluded from the settlement discussions.   A source will receive a
covenant-not-to-sue and release regarding civil liability for possible
past violations of the CAA addressed in this CAFO provided that CAA
compliant emission unit specific requirements are incorporated into a
federally-enforceable permit.  

The proposed CAFO shall be made available for public comment for a
period of 30 days.  EPA will consider any public comments, and as
appropriate, seek to work with the Audit Participant to revise the CAFO
based on such public comments.  After the endof the CAFO public comment
period and after any revisions are made, EPA will seek finalization of
the CAFO by the Region 6 Judicial Officer.  The Agency reserves its
right to modify the CAFO.  The offering of the CAFO for public comment
does not explicitly create an obligation for EPA response or inclusion
of such comments in the final CAFO or elsewhere, nor does this create
any rights for public objection to the final CAFO. 

The text of the Audit Agreement is available for download in either a
Word version file or as a portable document format (pdf) file at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov .  Unless
explicitly indicated, the text of the Audit Agreement is not subject to
negotiation.  Entities wishing to participate shall submit:  an executed
copy of the Audit Agreement with specific site details filled into the
provided blanks; a list of emission units covered under its Texas
flexible permit; a copy of its current Texas flexible permit, and all
permits or other authorizations that applied to the facility prior to
the issuance of the Texas flexible permit.  

Conclusion:  The above represents a short summary of the Audit Program. 
The Texas Flexible Permit Audit Agreement is available in the public
docket for this notice at www.regulations.gov, and represents the full
requirements of the program.  In addition, EPA has provided a Model CAFO
for Audit Participants in the docket at www.regulations.gov.

EPA is proposing the Audit Program to ensure that Texas flexible permit
holders have a path forward to secure compliance with the requirements
of the CAA.  As EPA has stated that Texas flexible permits are not
independently federally-enforceable permits, industry representatives
have expressed concern regarding the legal ramifications of operating
facilities and making changes at facilities that do not have
independently federally-enforceable permits.  Representatives of
citizens living in areas near facilities regulated under flexible
permits are concerned that in some instances flexible permits allow
facilities to emit more harmful pollution than would be allowed under
federal law.  We believe the Audit Program has the potential to result
in beneficial reductions in the levels of air pollutants being emitted
by flexible permit holders as well as providing industry a legal
framework for continuing operations until independently
federally-enforceable permitting authorizations can be obtained.  

II. Response to Comments Received on EPA Audit Program for Flexible
Permit Holders

On June 17, 2010, EPA solicited comments on an audit program for Texas
flexible permit holders (75 FR 34445).  The following are EPA’s
responses to comments received during the comment period on EPA’s
Audit Program for Flexible Permit Holders.  EPA thanks those individuals
for their comments and as indicated below, the Agency made several
modifications to the Audit Program based upon these comments.  As
indicated in the Federal Register Notice, EPA has chosen to generally
respond to comments received.

A. Community Projects

I. Community Projects as a condition of the Audit 

We received numerous comments regarding the requirement to conduct a
Community Project as part of the Audit Agreement   Commenters stated
that by requiring a Community Project as a prerequisite to participation
in the Audit Program, EPA was presuming noncompliance.   

In response to these comments, EPA clarified in the Audit Agreement that
the condition regarding Community Project(s) would address the SIP and
Title V violations identified in the attached model CAFO inherent to all
flexible permit holders in addition to any other noncompliance issues
identified by the audit.  As a result, the agency believes that a
commitment from the Audit Participants to conduct a Community Project is
a critical element in addressing noncompliance in addition to
proactively addressing community concerns regarding potential impacts
from noncompliance.   

II.  Community Project Upfront Valuation

Several Commenters indicated that the Community Project valuation should
not occur until after the Audit is completed.  Additional comments
received indicated that the large upfront expenditure for the Community
Projects would have a “chilling effect” on voluntary participation
in the Audit Program.  

EPA has addressed the concerns regarding the significant upfront costs
regarding these projects by removing the upfront Community Project
valuation and the Tiering table.  EPA has elected to link the valuation
of the Community Projects to the findings of the third-party Audit.  
Noncompliance identified by the Audit will result in Community Projects,
injunctive relief and potentially civil penalties.   As referenced in
the Audit FRN, this Audit Program reflects the purpose and incentives of
EPA's Audit Policy, and participants who execute an Audit Agreement
within 45 days of the Final Audit publication will receive a waiver of
the gravity component of any penalties resulting from noncompliance
uncovered by the Audit.   

III. Community Involvement

A Commenter requested that the outreach regarding the Community Projects
extend beyond the currently established groups and involve the impacted
communities.  The Commenter further requested that EPA take further
steps to encourage meaningful participation from the community by
providing notification to the community or establishing a website to
identify those participating in the Audit Program.

In response to these comments, EPA included language in the Audit
Agreement specifying that outreach to the community to obtain input on
Community Projects should extend beyond any pre-established community
advisory panels.  

EPA has also added language to the Audit Agreement committing the Agency
to establish a website of all executed Audit Agreements.  The Agreements
will identify the points of contact for the company, and EPA encourages
individuals with ideas specific to the Community Projects to submit them
to the company representative for consideration. 

B. Tiering of Facilities

I. Additional Clarification on Tiering Process

EPA received numerous comments regarding the tiering process including
numerous requests for clarification on how the facility tiers were
established.

As indicated above, EPA has elected to remove the Tiering table and
upfront valuation for Community Projects and link the valuation of the
Community Projects to the findings of the third-party Audit including
the initial violations identified in the model CAFO.  

C. Third-Party Auditor

I. Auditor Qualifications

Several Commenters provided comments and recommendations regarding the
qualifications and certifications of the third-party Auditor.  

In response to these comments, we made numerous changes to the Auditor
qualifications to include flexibility with regard to the Auditor’s
familiarity with the concepts of independence and professional care
while conducting the Audit.  Specifically, we added an additional
certification option by the Board of Environmental Health & Safety
Auditor Certifications (BEAC) , along with the current ISO 19011
requirement.  

We also modified the certification condition that the Third-Party Audit
results be certified by a professional engineer in the State of Texas. 
We modified the Audit Agreement to allow for additional flexibility by
removing the condition  that the professional engineer be certified in
Texas and, in addition, we are allowing for a certification by a
certified auditor.

II Auditor Guidance 

One Commenter requested that EPA provide specific direction to the
Third-Party Auditor regarding EPA’s policies and guidance related to
RMRR - Routine Maintenance Documentation in Audit Report from EDF

	In response to this comment, EPA added additional language to the Audit
Agreement specifying that in addition to applying the version of NSR
regulations in the approved Texas SIP, the Third-Party Auditor shall
also perform their NSR analysis consistent with Agency principles
formally identified in EPA NSR Guidance Documents.

D. Audit Program 

I.  Procedural Concerns 

A Commenter expressed procedural concerns with EPA’s process for
taking comments on this voluntary approach as well as procedural
concerns with the Audit Program.

With this notice, EPA has proposed a voluntary path forward under its
enforcement discretion that the agency would find acceptable toward
settlement of violations associated with Texas Flexible Permits.  This
is a voluntary process, and does not replace or change any existing
rules, regulations, or policies.  Given the universe of permittees, EPA
is attempting to provide upfront clarity on an acceptable enforcement
path where the Agency would resolve existing or potential liability
associated with flexible permits.  EPA provided additional process by
taking comments on the approach.  All other options remain.  This
approach does not take the place of appropriate and required permitting.
 Obtaining an appropriate valid federal permit is a condition of such a
settlement.  While the auditor will make recommendations and control
levels will be agreed to for a settlement, the Audit and CAFO are clear
that these are minimum levels of control for settlement and do not
prejudge what Lowest Achievable Emission Rate/Best Available Control
Technology (LAER/BACT) determinations are made by the permitting
authority.  All permitting requirements and procedures must be met at
that time.

II. Audit Timeline

One Commenter expressed concern that 160 days was not adequate time to
conduct a detailed permitting and compliance audit of a complex
facility.   

In response to this comment, EPA added language to allow for additional
time for audit completion if agreed upon by EPA.  EPA recognizes the
importance of having adequate time to conduct the comprehensive audit
and does not want a hard timeframe to limit participation or encourage a
cursory review.   

III. CBI

A Commenter requested that EPA establish an expedited CBI challenge
process so that the community can have meaningful participation in the
Audit process.

EPA understands the Commenter’s concerns and is in agreement that the
Audit process should be as transparent as possible.  However, EPA is
required to follow 40 C.F.R. Part 2, Subpart B, which specifies the
extent to which information subject to a business confidentiality claim
is available to the public and the challenge and determination process
the Agency must follow. 

E. CAFO 

I  Releases Given to Audit Participants 

A Commenter expressed concern that the scope of EPA’s proposed release
and covenant not to sue could be interpreted over broadly.  

The Commenter was correct that EPA’s intent is to release only those
CAA violations expressly alleged and addressed in the CAFO.  EPA will
tailor each CAFO beyond the limited example provided to include case
specific facts and clarify the scope of the release and covenant not to
sue.

The Commenter made a related comment concerning detail that should be
required in the Audit Report regarding what emission requirements and
changes in operational measures or control technologies must be
implemented to ensure that disclosed non-NSR violations are eliminated
by complying with the CAFO.

EPA recognizes more detail will be required if the Audit identifies
noncompliance or concerns broader than NSR and would expect such
additional information to be provided in the audit.  If insufficient
information is provided to make a decision on appropriate measures to
address a violation, it would not be alleged or resolved in the audit
CAFO but more appropriately handled separately.

II  Stipulated Penalties 

A Commenter urged EPA to incorporate stipulated penalties into the CAFO
to sanction failing to fully and timely comply with all the substantive
requirements of the CAFO.

While we understand the comment, the agency’s interest is in compliant
permits and this is why we made any release and covenant conditional on
full compliance with the CAFO and obtaining the necessary permit(s). 
Many of the milestones of the audit will be prior to the CAFO and the
emission limits of the CAFO will be enforceable until the emission
limits are incorporated into valid federal permits.

Dated:  September 20, 2010.

Al Armendariz, 

Regional Administrator, Region 6.

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DRAFT of TEXAS FLEXIBLE PERMIT AUDIT FR NOTICE	5/27/2010

