[Federal Register Volume 70, Number 195 (Tuesday, October 11, 2005)]
[Rules and Regulations]
[Pages 58978-58980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20337]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-126-1-7685; FRL-7982-1]


Approval and Promulgation of Implementation Plans; Texas; Speed 
Limits Local Measure for the Dallas/Fort Worth Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
revision for the State of Texas to reduce some speed limits in the 
Dallas/Fort Worth (DFW) ozone nonattainment area. This measure reduces 
speed limits in a nine county area from 70 miles per hour to 65 miles 
per hour and from 65 miles per hour to 60 miles per hour. This measure 
was submitted on April 25, 2000, and EPA proposed approval on January 
28, 2001. These speed limit reductions are designed to reduce nitrogen 
oxides in the DFW area as part of a strategy to aid the area in 
attaining of the National Ambient Air Quality Standards.
    The EPA is also making a technical correction to ensure that it is 
clear that the measure applies to a nine county area.

DATES: This rule is effective on November 10, 2005.

ADDRESSES: Copies of the documents relevant to this action are in the 
official file which is available at the Air Planning Section (6PD-L), 
Environmental Protection Agency, 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 FOR FURTHER INFORMATION CONTACT 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.
    Copies of any State submittals and EPA's technical support document 
are also available for public inspection at the State Air Agency listed 
below during official business hours by appointment:
    Texas Commission on Environmental Quality, Office of Air Quality, 
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Herbert R. Sherrow, Jr., Air Planning 
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7237; 
fax number 214-665-7263; e-mail address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Outline

I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. What Technical Correction Are We Making?
IV. What Comments Were Received During the Public Comment Period, 
January 18, 2001, to March 19, 2001?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving the speed limit local measure for the DFW ozone 
nonattainment area submitted on April 25, 2000.

II. What Is the Background for This Action?

    We proposed approval of this SIP element on January 28, 2001.
    The Texas Department of Transportation (TxDOT) revised regulations 
relating to speed limits to allow the Texas Commission on Environmental 
Quality (TCEQ) to submit a request to change speed limits for 
environmental reasons when justified. (Please see adopted rules, 25 
TexReg 5686, June 9, 2000; and proposed rules, 25 TexReg 2018, March 
10, 2000). Consequently, TxDOT lowered all 70 mile per hour (mph) speed 
limits to 65 mph, and all 65 mph speed limits to 60 mph in the DFW nine 
county area (Dallas, Tarrant, Collin, Denton, Parker, Johnson, Ellis, 
Kaufman, and Rockwall Counties). These slower speeds are anticipated to 
reduce the emissions of NOX and improve air quality. The 
slower speed limits were implemented September 1, 2001. This approval 
will add a new local measure to the SIP for the DFW ozone nonattainment 
area. Since the slower speeds are anticipated to reduce NOX 
emissions, this local measure will not cause an increase in the 
criteria pollutants or their precursors. As such, the State's revision 
meets and complies with the requirements of section 110(l) of the Clean 
Air Act.
    Please refer to 66 FR 4756, January 18, 2001, and its Technical 
Support Document for details on the speed limit measure.

III. What Technical Correction Are We Making?

    We incorrectly stated that the speed limits would apply to the four 
county DFW area instead of the nine county area in the Speed Limits 
Reduction section of our proposed rule (see 66 FR 4756, page 4760) and 
in the Technical Support Document (TSD) page 35. In other references in 
the Emissions Control Strategy, Local Measures section (66 FR 4756, 
page 4760; TSD page 32) and the What are the Local Initiatives and are 
They Approvable? section (66 FR 4756, page 4760; TSD, page 35) we 
correctly stated that the measure applies to the nine county area. The 
purpose of this technical correction is to ensure that it is clear that 
the measure applies to the nine county area.

IV. What Comments Were Received During the Public Comment Period, 
January 18, 2001, to March 19, 2001?

    Three commentors stated that speed limit reductions was not a 
measure which was effective or a reasonable approach to clean air.
    Response: We disagree with the comment. Computer modeling used by 
the TCEQ to assess the effectiveness of control strategies to improve 
air quality in the DFW area showed that speed limit reductions would 
result in substantial emissions reductions in the DFW area. The 
technical analysis submitted showed a reduction of over 5 tons per day 
of Nitrogen Oxides and \1/2\ ton per day of volatile organic compounds. 
In addition, the measure would result in reducing the severity of 
traffic accidents and in fuel savings.
    Two commentors stated that the speed limits would not be effective 
without additional enforcement. One commentor asked if there was 
funding available for additional police officers to enforce the new 
speed limits.

[[Page 58979]]

    Response: We agree that the reduced speed limits should be 
adequately enforced. The speed limit reduction measure will be enforced 
through State and Local speed limit enforcement regulations and 
practices. The TCEQ has committed to working with other State and Local 
agencies to ensure adequate enforcement and funding for enforcement of 
this measure. We realize that not all drivers comply with speed limits 
and the emissions reductions associated with the measure have been 
developed accordingly.

V. Final Action

    EPA is approving the speed limit local measure for the DFW nine 
county area (Dallas, Tarrant, Collin, Denton, Parker, Johnson, Ellis, 
Kaufman, and Rockwall Counties) submitted on April 25, 2000.

VI. Statutory and Executive Order Reviews

    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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This action also does not have Federalism 
implications because it does not 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 Executive Order 13132 (64 
FR 43255, August 10, 1999). This action 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 Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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 Clean Air 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 Clean Air 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. 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. 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 12, 2005. 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, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 21, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

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40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

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2. In Sec.  52.2270, the table in paragraph (e) entitled ``EPA approved 
nonregulatory provisions and quasi-regulatory measures'' is amended by 
adding one new entry to the end of the table to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

[[Page 58980]]



              EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                        Applicable
      Name of SIP provision           geographic or     State approval/  EPA approval date         Comments
                                    nonattainment area  submittal date
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                                                  * * * * * * *
Approval of the Speed Limits       Dallas-Fort Worth..       4/25/2000  10/11/2005.........  ...................
 Local Initiative Measure in the                                        [Insert FR page
 DFW nine county area. Affected                                          number where
 counties are Dallas, Tarrant,                                           document begins].
 Collin, Denton, Parker, Johnson,
 Ellis, Kaufman, Rockwall.
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[FR Doc. 05-20337 Filed 10-7-05; 8:45 am]
BILLING CODE 6560-50-P