[Federal Register Volume 66, Number 136 (Monday, July 16, 2001)]
[Rules and Regulations]
[Pages 36921-36924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17555]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-57-1-7183a; FRL-7010-9]


Approval and Promulgation of Implementation Plan for Texas: 
Transportation Control Measures Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves a revision to the Texas State 
Implementation Plan (SIP) that contains the transportation control 
measures (TCM) rule. The requirements in the State TCM rule address the 
roles and responsibilities of the Metropolitan Planning Organizations 
(MPO), implementing transportation agencies, and provide a method for 
substitution of the TCMs without a SIP revision in the nonattainment 
and maintenance areas. The TCM rule is intended to promote effective 
implementation of the TCMs, streamline TCM substitution process and 
approval, and increase interaction between the Texas Natural Resource 
Conservation Commission (TNRCC) and the MPOs in the air quality-
transportation planning process at the local levels.
    The EPA is approving this SIP revision under section 110(k) and 182 
of the Clean Air Act (the Act). The rationale for the final approval 
action and other information are provided in this document.

DATES: This rule is effective on September 14, 2001 without further 
notice, unless EPA receives adverse comment by August 15, 2001. 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: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region 
6 Office listed below. Copies of documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations. Anyone wanting to examine these documents should 
make an appointment with the appropriate office at least two working 
days in advance.

Air Planning Section (6PDL), Multimedia Planning and Permitting 
Division, Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202, Telephone: (214) 665-7214

Texas Natural Resource Conservation Commission, Mobile Source Division, 
12124 Park 35 Circle, Austin, Texas 78753, Telephone: (512) 239-1000.

FOR FURTHER INFORMATION CONTACT: Mr. J. Behnam, P. E.; Air Planning 
Section (6PDL), Multimedia Planning and Permitting Division, 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202, Telephone (214) 665-7247.

SUPPLEMENTARY INFORMATION: The information contained under this title 
includes the following sections:

I. What is the Background for this Action?

[[Page 36922]]

II. What did the State submit and how did we evaluate the State's 
SIP submission?
III. What is our final action?
IV. Administrative Requirements

I. What Is the Background for This Action?

    Section 182(d)(1)(A) of the Act requires States containing ozone 
nonattainment areas which are classified as ``severe'' pursuant to 
section 181(a) of the Act to adopt TCM and transportation control 
strategies to offset any growth in emissions from growth in Vehicle 
Miles Traveled (VMT) or number of vehicle trips and to attain 
reductions in motor vehicle emissions (in combination with other 
emission reduction requirements) as necessary to comply with the Act's 
reasonable-further-progress (RFP) milestones and attainment 
requirements. The requirements for establishing a VMT Offset program 
are discussed in the General Preamble to Title I of the Act (57 FR 
13498), April 16, 1992, in addition to section 182(d)(1)(A).
    In addition, the states may adopt TCMs as control strategies in 
order to meet the requirements of sections 182(b) and 182(c) of the Act 
for RFP and attainment SIPs in the ozone nonattainment areas. The EPA 
can only accept the emission credits resulting from such TCMs if the 
State can provide adequate evidence that the State will have authority 
to enforce the TCMs which are identified as a part of control strategy 
in the RFP and attainment demonstration SIPs for meeting the ozone 
standard. See section 110(a)(2)(A) of the Act. The State of Texas has 
adopted certain TCMs for meeting the RFP requirements under sections 
182(b) and (c) of the Act for the 15 percent RFP and attainment 
demonstration SIPs.
    Our action today is only addressing the State's authority, 
processes, procedures, and responsibilities of each agency regarding 
implementation and substitution of the TCMs in any SIP in the 
designated nonattainment or maintenance areas.

II. What Did the State Submit and How Did We Evaluate the State's 
SIP Submission?

    The Governor of Texas submitted the TCM SIP revision on May 17, 
2000. The TNRCC adopted the Texas TCM rule on May 9, 2000, after 
appropriate public notice and hearing. The TCM rule consists of two 
parts. 30 Texas Administrative Code (TAC) Chapter 14 Section 114.5 
includes ``Transportation Planning Definitions'' and 30 TAC Chapter 14 
Section 114.270 contains ``Transportation Control Measures'' which sets 
forth the processes and procedures. The TNRCC developed the TCM rule in 
cooperation with the MPOs, Texas Department of Transportation, and in 
consultation with the Federal Highway Administration, Federal Transit 
Administration, and EPA. The State TCM rule identifies responsibility 
of each agency and sets forth the procedures and processes for 
selection of the TCMs, inclusion in the SIP, periodic reporting and 
record-keeping, corrective measures, emissions reductions and TCM 
effectiveness, and consequences of non-implementation. In addition, the 
rule specifically establishes processes and procedures for substitution 
of any TCM in the SIP that can not be implemented for any reason by the 
implementation date in the SIP. The procedures for substitution of the 
TCMs require public notice and comment period and consultation, but 
they do not require a formal SIP revision and approval by the EPA.
    We have reviewed the State TCM processes and procedures, and we 
have evaluated the provisions of the rule based on the criteria 
provided in the Act for development of SIPs in the nonattainment and 
maintenance areas. We note that neither the Act nor the EPA rules 
require the State to develop a TCM rule and submit a SIP revision for 
the TCM purposes. Our evaluation is specifically based on Sections 110, 
176, 182, and consistency of this rule with the Act. Based on this 
review, we have determined that the TNRCC's TCM rule provides adequate 
authority and procedures for implementation and substitution of TCMs in 
the designated nonattainment and maintenance areas including how 
equivalency is determined, public participation and EPA concurrence. 
Therefore, we are approving this SIP revision.

III. What Is Our Final Action?

    We are approving the Texas TCM rule which addresses the roles and 
responsibilities of the MPOs, implementing transportation agencies, and 
provides a method for substitution of the TCMs without a SIP revision 
in the nonattainment and maintenance areas. We have evaluated this SIP 
revision and have determined that the State's rules in TAC 30 Chapter 
114 sections 114.5 and 114.270 provide adequate processes and 
procedures consistent with the Act for implementing, tracking, and 
substitution of the TCMs which are used as a control strategy in the 
SIPs for attainment and maintenance of the NAAQS. The TNRCC conducted 
appropriate public participation during development and adoption of 
this rule at the local level.
    The EPA is publishing this action without prior proposal because 
the EPA views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse comments be filed. This action will be effective on 
September 14, 2001, unless adverse comments are received by August 15, 
2001. If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received on this action, 
the public is advised that this action will be effective September 14, 
2001.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves State law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by State law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under State law and does 
not impose any additional enforceable duty beyond that required by 
State law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in

[[Page 36923]]

Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely 
approves a State rule implementing a Federal standard, and does not 
alter the relationship or the distribution of power and 
responsibilities established in the Act. This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Act. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Act. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
rule, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. The EPA has complied with Executive 
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 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. The 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. 
804(2). This rule will be effective September 14, 2001 unless EPA 
receives adverse written comments by August 15, 2001.
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 14, 2001. 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) of the Act.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Air Quality-
Transportation Planning, Carbon Monoxide, Hydrocarbons, Incorporation 
by reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Particulate matter, Reporting and record-keeping requirements, 
Transportation Control Measures, Volatile organic compounds.

    Dated: June 13, 2001.
Jerry Clifford,
Acting Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

    2. Section 52.2270 is amended:
    a. In the table in paragraph (c) under Chapter 114 by adding new 
Section 114.5, Transportation Planning Definition, under Subchapter A;
    b. In the table in paragraph (c) by adding new Section 114.270, 
Transportation Control Measures, under Subchapter G.
    c. In the table entitled ``EPA Approved Nonregulatory Provisions 
and Quasi-Regulatory Measures in the Texas SIP'' in paragraph (e) by 
adding to the end of the table an entry for ``Transportation Control 
Measures SIP Revision''.
    The additions read as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
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                                                       State approval/
         State citation              Title/subject     submittal date   EPA approval date        Explanation
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*                  *                  *                  *                  *                  *
                                                        *
                        Chapter 114 (Reg 4)--Control of Air Pollution From Motor Vehicles
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                                            Subchapter A--Definitions
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*                  *                  *                  *                  *                  *
                                                        *
Section 114.5...................  Transportation           05/09/2000  July 16, 2001 66 FR
                                   Planning                             36923.
                                   Definition.
 
*                  *                  *                  *                  *                  *
                                                        *
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                                      Subchapter G--Transportation Planning
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*                  *                  *                  *                  *                  *
                                                        *
Section 114.270.................  Transportation           05/09/2000  July 16, 2001 66 FR
                                   Control Measures.                    36923.
 

[[Page 36924]]

 
*                  *                  *                  *                  *                  *
                                                        *
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* * * * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                        Applicable           State
      Name of SIP provision           geographic or       submittal/     EPA approval date         Comments
                                    nonattainment area  effective date
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*                  *                  *                  *                  *                  *
                                                        *
Transportation Control Measures    All Nonattainment        05/09/2000  July 16, 2001 66FR   Chapter 1.
 SIP Revision.                      and Maintenance                      32924.               Introduction,
                                    Areas.                                                    chapter 2.
                                                                                              General, and
                                                                                              chapter 3.
                                                                                              Criteria and
                                                                                              procedures.
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[FR Doc. 01-17555 Filed 7-13-01; 8:45 am]
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