Approval and Promulgation of Air Quality Implementation Plans; Texas; Environmental Speed Limit Revision for the Dallas/Fort Worth 8-Hour Ozone Nonattainment Area, 1596-1599 [2014-00047]
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Federal Register / Vol. 79, No. 6 / Thursday, January 9, 2014 / Rules and Regulations
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
State effective
date
*
*
*
Bristol, Tennessee Lead
Bristol ....................................
2010 Base Year Emissions
Inventory.
[FR Doc. 2014–00030 Filed 1–8–14; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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.
SUMMARY:
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–
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DATES:
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*
4/11/2013
EPA-approval date
*
1/9/2014 [Insert citation of
publication].
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
https://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 https://
www.regulations.gov or email, if you
believe that it is CBI or otherwise
protected from disclosure. The https://
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 https://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 https://
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
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Explanation
*
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the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253.
Ms.
Carrie Paige, Air Planning Section
(6PD–L); telephone (214) 665–6521;
email address paige.carrie@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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 federallyenforceable 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,
1 NO and VOC are known as ‘‘precursors’’ to
X
ozone formation.
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gasoline vapors, chemical solvents and
natural sources emit NOX and VOCs.
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.
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
2 The nine counties are Collin, Dallas, Denton,
Ellis, Johnson, Kaufman, Parker, Rockwall and
Tarrant.
3 The narrative provides an accounting and
description of the TCM program components; the
submittal did not include rule revisions.
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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.
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
• 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
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.
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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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
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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
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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
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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
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
2. In § 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:
§ 52.2270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic or
nonattainment area
*
*
Approval of the Speed Limits
Local Initiative Measure in the
DFW nine county area. Affected counties are Dallas,
Tarrant, Collin, Denton, Parker,
Johnson,
Ellis,
Kaufman,
Rockwall.
*
Dallas-Fort Worth ........................
*
*
*
[FR Doc. 2014–00047 Filed 1–8–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0909; FRL–9904–70]
Tolfenpyrad; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of tolfenpyrad in
or on multiple commodities which are
identified and discussed later in this
document. Nichino America, Inc.
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective
January 9, 2014. Objections and requests
for hearings must be received on or
before March 10, 2014, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0909, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
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SUMMARY:
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State
submittal/
effective date
*
9/16/2010
*
EPA approval date
Comments
*
*
1/9/2014 [Insert FR page
number where document begins].
*
Recategorized as a Transportation Control Measure.
*
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division, Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (703) 305–0001;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
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*
*
40tab_02.tpl. To access the OCSPP test
guidelines referenced in this document
electronically, please go to https://
www.epa.gov/ocspp and select ‘‘Test
Methods and Guidelines.’’
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2012–0909 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before March 10, 2014. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2012–0909, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
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Agencies
[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 https://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 https://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The https://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 https://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 https://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
0
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.
* * * * *
(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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