Approval and Promulgation of Air Quality Implementation Plans; Texas; Environmental Speed Limit Revision for the Dallas/Fort Worth 8-Hour Ozone Nonattainment Area |
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Samuel Coleman
Environmental Protection Agency
January 9, 2014
[Federal Register Volume 79, Number 6 (Thursday, January 9, 2014)]
[Rules and Regulations]
[Pages 1596-1599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00047]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0819; FRL-9905-16-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Environmental Speed Limit Revision for the Dallas/Fort Worth 8-
Hour Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Texas State Implementation Plan (SIP) for the Dallas/
Fort Worth (DFW) ozone nonattainment area to recategorize a local
environmental speed limit (ESL) control measure as a transportation
control measure (TCM). The EPA is approving this SIP revision because
it satisfies the requirements of sections 110 and part D of the Clean
Air Act (CAA), and EPA's policy and guidance.
DATES: This rule is effective on March 10, 2014 without further notice,
unless EPA receives relevant adverse comment by February 10, 2014. If
EPA receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2010-0819, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Ms. Carrie Paige at paige.carrie@epa.gov.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2010-0819. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses. For additional information about the EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below or Mr. Bill Deese at 214-665-7253.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section
(6PD-L); telephone (214) 665-6521; email address paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
a. General Background
Section 110 of the CAA requires states to develop and submit to EPA
a SIP to ensure that state air quality meets the National Ambient Air
Quality Standards (NAAQS). These ambient standards currently address
six criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone,
lead, particulate matter, and sulfur dioxide. The SIP protects air
quality primarily by addressing air pollution at its point of origin;
it is a set of air pollution regulations, control strategies, other
means or techniques, and technical analyses developed by the state, to
ensure that the state meets the NAAQS. When a state makes changes to
the regulations and control strategies in its SIP, such revision(s)
must be submitted to EPA for approval and incorporation into the
federally-enforceable SIP. Such regulations and control strategies
within the SIP must be specific, permanent, enforceable, and
quantifiable.
The SIP under revision in this rulemaking addresses ozone. Ground
level ozone is created by a chemical reaction between nitrogen oxides
(NOX) and volatile organic compounds (VOCs) in the presence
of sunlight and high ambient temperatures.\1\ Motor vehicle exhaust and
industrial emissions,
[[Page 1597]]
gasoline vapors, chemical solvents and natural sources emit
NOX and VOCs.
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\1\ NOX and VOC are known as ``precursors'' to ozone
formation.
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Areas that are designated nonattainment for ozone must develop SIPs
under Title 1, Part D of the CAA, which includes section 172,
``Nonattainment plan provisions,'' and subpart 2, ``Additional
Provisions for Ozone Nonattainment Areas'' (sections 181-185).
Requirements adopted into the SIP pursuant to Part D of the CAA must
also be specific, permanent, enforceable and quantifiable. The DFW SIP
includes a variety of NOX and VOC control strategies,
including the ESL, which was adopted and submitted to EPA as a local
emission reduction strategy in the DFW SIP. The ESL is a local control
measure that reduced speed limits in the nine counties \2\ from 70
miles per hour to 65 miles per hour and from 65 miles per hour to 60
miles per hour. The technical analysis accompanying the submission of
the ESL for approval into the SIP showed a reduction of over 5 tons per
day (tpd) of NOX and 0.5 tpd of VOC. The ESL and associated
emission reductions were approved into the DFW SIP as specific,
permanent, enforceable and quantifiable on October 11, 2005 (70 FR
58978). To date, TCEQ has not removed nor changed speed limits within
the SIP-approved ESL measure.
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\2\ The nine counties are Collin, Dallas, Denton, Ellis,
Johnson, Kaufman, Parker, Rockwall and Tarrant.
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The DFW SIP also includes TCMs, which were incorporated into the
DFW SIP on September 27, 2005 as control strategies that are specific,
permanent, enforceable, and quantifiable (70 FR 56374). EPA's
regulations define a TCM as any measure that is specifically identified
and committed to in the applicable implementation plan, including any
substitute or additional TCMs that are incorporated into the applicable
SIP through the process established in section 176(c)(8) of the CAA,
that is either one of the types listed in section 108 of the CAA, or
any other measure for the purpose of reducing emissions or
concentrations of air pollutants from transportation sources by
reducing vehicle use or changing traffic flow or congestion conditions.
See 40 CFR 93.101.
b. What did the State submit?
On September 16, 2010, the TCEQ submitted to EPA a revision to the
DFW SIP narrative \3\ to recategorize the ESL measure from an
individual control strategy to a TCM. Chapter 1 of the revised SIP
narrative contains a background section detailing the process of
collaboration between the NCTCOG, North Texas Tollway Authority, Texas
Department of Transportation, EPA Region 6, and TCEQ to recategorize
the ESL to a TCM in the SIP. Furthermore, on June 1, 2010, the EPA sent
the TCEQ a letter supporting the recategorization of the ESL to a TCM
in the DFW ozone nonattainment SIP.\4\ Finally, TCEQ provided notice of
a public hearing on the SIP revision, giving the public reasonable
opportunity to provide oral or written comment on the proposed
recategorization during the public hearing.
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\3\ The narrative provides an accounting and description of the
TCM program components; the submittal did not include rule
revisions.
\4\ The June 1, 2010 letter from Guy Donaldson of the EPA to Ms.
Kathy Singleton of the TCEQ is part of the TCEQ's submittal package
and is included in the docket for this rulemaking.
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The September 16, 2010 submittal addresses Chapter 4 of the DFW SIP
narrative, which is titled, ``Required Control Strategy Elements'' and
pertains to three specific areas within the chapter: TCMs, the motor
vehicle emissions budget (MVEB), and the ESL control measure. The
September 16, 2010 submittal specifically makes the following
revisions:
Chapter 4, section 4.2 addresses NOX and VOC
control measures and subsection 4.2.3 is titled, ``Transportation
Control Measures.'' Within subsection 4.2.3, a new paragraph is added
titled, ``Transportation Control Measures Project.'' This new section
adds the ESL control measure to the TCM ledger and contains narrative
that describes the role of the North Central Texas Council of
Governments (NCTCOG).
Chapter 4, section 4.5 of the DFW SIP is titled, ``Motor
Vehicle Emissions Budget'' and is clarified to reflect the
recategorization of the ESL within the approved SIP.\5\
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\5\ The MVEB is used to determine conformity of transportation
plans and programs to the SIP, and is derived from the on-road
emissions inventory. Emissions reductions associated with the ESLs
to date have been accounted for in the SIP as part of on-road
emissions inventories used to develop the MVEB. This
recategorization from a local measure to a TCM does not increase or
modify the MVEB because there is no net change in emissions
reductions from this measure in the on-road emissions inventory the
MVEBs are derived from, and TCEQ has thus clarified in Chapter 4,
section 4.5 that the MVEB is consistent with the recategorization of
the ESL to a TCM. See the DFW 1997 8-hour ozone attainment
demonstration SIP (74 FR 1903, January 14, 2009).
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Chapter 4, section 4.7 of the DFW SIP is titled,
``Environmental Speed Limit (ESL) Control Measure Conversion to a
Transportation Control Measure (TCM)'' and is revised to transfer the
responsibility of maintaining emissions reductions associated with the
ESL control measure from the TCEQ to the NCTCOG. Emissions reductions
currently associated with the ESL would be maintained as TCMs
implemented by the NCTCOG and therefore the associated reductions will
remain accounted for within the DFW SIP. While the TCEQ has the
ultimate responsibility for ensuring adequate implementation of the
SIP, the NCTCOG will be the entity responsible at the local level for
implementing all TCMs, including the ESL TCM and ensuring alternative
equivalent emission reduction measures are in place should changes to
the ESL or other TCM be necessary.
II. EPA's Evaluation
As discussed previously in this rulemaking, a TCM is defined at 40
CFR 93.101, in part, as any measure specifically identified and
committed to in the applicable implementation plan and that is a
measure for the purpose of reducing emissions or concentrations of air
pollutants from transportation sources by reducing vehicle use or
changing traffic flow or congestion conditions. The ESL measure was
adopted into the SIP as a control measure in the DFW SIP on October 11,
2005 (70 FR 58978) and remains in the SIP through the time of this
rulemaking, and therefore is specifically identified and committed to
in the DFW SIP. Furthermore, as previously discussed, the ESL measure
was approved into the DFW SIP with associated projected reductions of
over 5 tpd of NOX and 0.5 tpd of VOC. Therefore, the ESL is
a measure for the purpose of reducing emissions of air pollutants from
transportation sources by changing traffic flow or congestion
conditions. The EPA thus finds the ESL meets the definition of a TCM as
prescribed by 40 CFR 93.101.
Additionally, TCMs used as a control strategy in a SIP must be
specific, permanent, enforceable and quantifiable. As previously
discussed, EPA approved the ESL measure and associated emissions
reductions into the SIP as meeting these requirements (70 FR 58978).
Therefore, because the ESL was previously approved into the SIP as
meeting these requirements, we expect that upon the effective date of
this rulemaking the recategorized ESLs will continue to meet these same
requirements regardless of their new formal categorization.
Furthermore, as previously discussed, while the TCEQ has the ultimate
responsibility for ensuring adequate implementation of the SIP, the
NCTCOG will be the entity responsible at the local level for
implementing all TCMs, including the
[[Page 1598]]
newly recategorized ESL. Therefore, we expect that upon the effective
date of this rulemaking, the recategorized ESL will be implemented by
the NCTCOG as the TCEQ had been implementing the measure.
Section 110(l) of the CAA prohibits EPA from approving any SIP
revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress or any other
applicable requirement of the CAA. The EPA finds the recategorization
of the existing SIP-approved ESL within the approved SIP does not
interfere with any applicable requirement of the CAA because the
control strategy itself, including associated emission reductions,
remain within the SIP and is only being moved from the category of
local initiative measures to the category of TCMs. Therefore, because
the State is not removing this control strategy from the SIP, nor
substantively revising the strategy, we find that EPA's approval of the
recategorization of the ESL to a TCM does not violate section 110(l) of
the CAA.
Based on these analyses, the EPA finds the ESL recategorization is
approvable as a revision to the DFW SIP.
III. Final Action
The EPA is taking direct final action to approve a revision to the
DFW SIP that recategorizes the ESL control measure by moving it from
its current location in the SIP to Chapter 4 subsection 4.2.3, which is
a new paragraph titled, ``Transportation Control Measures Project.''
This recategorization adds the ESL to the SIP's ledger of TCMs. The EPA
is approving these SIP revisions because they are consistent with the
requirements of sections 110 and part D of the CAA and EPA's policy and
guidance.
The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on March 10, 2014
without further notice unless we receive adverse comment by February
10, 2014. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 10, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 20, 2013.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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Subpart SS--Texas
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2. In Sec. 52.2270, the second table in paragraph (e) entitled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Texas SIP'' is amended by revising the entry for ``Approval of the
Speed Limits Local Initiative Measure in the DFW nine county area.''
The revision reads as follows:
Sec. 52.2270 Identification of plan.
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(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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Applicable geographic State
Name of SIP provision or nonattainment submittal/ EPA approval date Comments
area effective date
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* * * * * * *
Approval of the Speed Limits Local Dallas-Fort Worth.... 9/16/2010 1/9/2014 [Insert FR page number where Recategorized as a Transportation
Initiative Measure in the DFW document begins]. Control Measure.
nine county area. Affected
counties are Dallas, Tarrant,
Collin, Denton, Parker, Johnson,
Ellis, Kaufman, Rockwall.
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[FR Doc. 2014-00047 Filed 1-8-14; 8:45 am]
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