[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Rules and Regulations]
[Pages 11321-11323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04269]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2014-0871; FRL-9923-80-Region 6]
Approval and Promulgation of Implementation Plans: Texas;
Approval of Substitution for Transportation Control Measures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is making an
administrative change to update the Code of Federal Regulations (CFR)
to reflect a change made to the Texas State Implementation Plan (SIP)
on November 3, 2014, as a result of EPA's concurrence on a substitute
transportation control measure (TCM) for the Dallas/Ft. Worth (DFW)
portion of the Texas SIP. On November 24, 2014, the State of Texas,
through the Texas Commission on Environmental Quality (TCEQ), submitted
a revision to the Texas SIP
[[Page 11322]]
requesting that EPA update its SIP to reflect a substitution of a TCM.
The substitution was made pursuant to the TCM substitution provisions
contained in Clean Air Act (CAA). EPA concurred on this substitution on
November 3, 2014. In this administrative action, EPA is updating the
non-regulatory provisions of the Texas SIP to reflect the substitution.
In summary, the substitution was a replacement of environmental speed
limits (ESLs) within the DFW 8-hour ozone nonattainment area with
traffic signalization projects. EPA has determined that this action
falls under the ``good cause'' exemption in the Administrative
Procedures Act (APA) which, upon finding ``good cause,'' authorizes an
agency to make an action effective immediately, thereby avoiding the
30-day delayed effective date otherwise provided for in the APA.
DATES: This action is effective March 3, 2015.
ADDRESSES: SIP materials which are incorporated by reference into 40
Code of Federal Regulations (CFR) part 52 are available for inspection
at the following location: Environmental Protection Agency, Region 6,
1445 Ross Avenue, Suite 700, Dallas, TX 75202. Publicly available
materials are available either electronically in www.regulations.gov or
in hard copy at the Region 6 office. The Regional Office hours are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Riley at (214) 665-8542 or
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On November 3, 2014, EPA issued a
concurrence letter to TCEQ stating that the substitution of DFW area
ESL TCMs with traffic signalization project TCMs met the CAA section
176(c)(8) requirements for substituting TCMs in an area's approved SIP.
See also EPA's Guidance for Implementing the CAA section 176(c)(8)
Transportation Control Measure Substitution and Addition Provision
contained in the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users which was signed into law on August 10,
2005, dated January 2009. The DFW area ESLs were originally approved
into the SIP as control measures on October 11, 2005 (70 FR 58978). On
January 9, 2014, EPA approved re-categorization of the DFW area ESL
control measures to TCMs, making the measures eligible for substitution
under the provisions of CAA section 176(c)(8) (79 FR 1596).
As a part of the concurrence process, the public was provided an
opportunity to comment on the proposed TCM substitution. Public notice
and comment was provided by the DFW metropolitan planning organization,
the North Central Texas Council of Governments (NCTCOG), during
Regional Transportation Council meetings held on July 14, 2014 and July
17, 2014. Public notice for these meetings was published in 20 DFW area
newspapers and circulars.
Through this concurrence process, EPA determined that the
requirements of CAA section 176(c)(8) were met, including the
requirement that the substitute measures achieve equivalent or greater
emission reductions than the control measure to be replaced. Upon EPA's
concurrence, the ESL substitution took effect as a matter of federal
law. A copy of EPA's concurrence letter is included in the Docket for
this action. This letter can be accessed at www.regulations.gov using
Docket ID No. EPA-R06-OAR-2014-0871. In accordance with the
requirements for TCM substitution, on November 24, 2014, TCEQ submitted
a request for EPA to update the DFW portion of the Texas SIP to reflect
EPA's previous approval of the TCM substitution of the ESLs with the
traffic signalization project TCMs in its SIP (the subject of this
administrative change). Today, EPA is taking administrative action to
update the non-regulatory provisions of the Texas SIP in 40 CFR
52.2270(e) to reflect EPA's concurrence on the substitution of a TCM
for the conversion of ESLs to traffic signalization projects:
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Applicable
Name of nonregulatory SIP geographic or State submittal date/
provision nonattainment effective date
area
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DFW nine-county area ESL TCMs Dallas-Fort Worth 9/16/2010
to traffic signalization
TCMs. Affected counties are
Dallas, Tarrant, Collin,
Denton, Parker, Johnson,
Ellis, Kaufman, Rockwall.
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Under section 553 of the APA, an agency may find good cause where
procedures are ``impractical, unnecessary, or contrary to the public
interest.'' The substitution was made through the process included in
CAA section 176(c)(8). Effective immediately, today's action codifies
provisions which are already in effect. The public had an opportunity
to comment on this substitution during the public comment period prior
to approval of the substitution. Immediate notice of this action in the
Federal Register benefits the public by providing the updated Texas SIP
Compilation and ``Identification of Plan'' portion of the Federal
Register.
Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
administrative action is not a ``significant regulatory action'' and is
therefore not subject to review by the Office of Management and Budget.
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866. Because the
Agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the APA or any other
statute as indicated in the Supplementary Information section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA.
This administrative action 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 Executive Order 13132 (64 FR 43255, August
10, 1999).
[[Page 11323]]
This administrative action also is not subject to Executive Order
13045 (62 FR19885, April 23, 1997), because it is not economically
significant. This administrative action does not involve technical
standards; 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. The administrative action also does not involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). This
administrative action does not impose an information collection burden
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act (CRA) (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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. Today's
administrative action simply codifies a provision which is already in
effect as a matter of law in Federal and approved state programs. 5
U.S.C. 808(2). These announced actions were effective upon EPA's
concurrence. EPA will submit a report containing this action 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 this action in the Federal Register. This update to
Texas' SIP Compilation is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: February 19, 2015.
Ron Curry,
Regional Administrator, Region 6.
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
0
2. In Sec. 52.2270(e), the table titled ``EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended
by adding an entry at the end for ``DFW nine-county area ESL TCM to
traffic signalization TCMs''.
The addition 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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State
Name of SIP provision Applicable geographic or submittal/ EPA approval date Comments
nonattainment area effective date
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* * * * * * *
DFW nine-county area ESL TCM to Dallas-Fort Worth: 9/16/2010 1/9/2014, 79 FR 1596....................... DFW ESLs recategorized
traffic signalization TCMs. Dallas, Tarrant, Collin, as TCM 1/9/2014,
Denton, Parker, Johnson, substituted withtraffic
Ellis, Kaufman and signalization TCMs 11/3/
Rockwall Counties. 2014.
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[FR Doc. 2015-04269 Filed 3-2-15; 8:45 am]
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