Bryan W. Shaw, Ph.D., Chainnan c: ' 1: ', ,. , . .. ... ··. •. /0f~ \ / f\L'L.•L~ ''- 1

'' . ·~ ~~ )t' 1 / 

Buddy Garcia, Commissioner i\ I R p L /-\H.~! I:~; :_: [·:: r =·';-~~E.:.·.'./ ... : ----~fr',~-

Carlos Rubinstein, Commissioner - f~~. '-_.!{1 :;~ 

MarkR.Vickery,P.G,Execuliv~.();rS!ifr20 Pl·l 2: st ~ ·~.:::' 2Dioc;r.P20 P''.., 10 .... ~-~ . r/ c.: 

TEXAS COMMISSION ON ENVIRONMENtiiiQ'tfJtdf{'\lf:s DIVISI8N 

Protecting Texas by Reducing and Preventing Pollution 

September 16, 20 I 0 

AI Armendariz, Ph.D., Regional Administrator 

U.S. Environmental Protection Agency- Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Dr. Armendariz: 

Docket No. 2010-0076-SIP 

Project No. 2009-026-SIP-NR 

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On August 25, 2010, the Texas Commission on Environmental Quality (Commission) adopted revisions to the 

State Implementation Plan (SlP) to convert an environmental speed limit (ESL) control measure, incorporated 

into the Dallas-Fort Worth (DFW) one-hour ozone .attainment demonstration, into .a transportation control 

measure (TCM). 

The Commission adopted this revision to the DFW SlP to increase flexibility by allowing local air quality 

planners to change ESLs in the area without the TCEQ having to revise the DFW state implementation plan 

(SlP). Instead, future changes to the ESLs will be accomplished through the TCM substitution process, which 

involves the North Central Texas Council of Governments, TCEQ, the United States Environmental Protection 

Agency (EPA), and other transportation planning partners. 

Enclosed are the proposed revisions to the SlP, a public hearing certification, a complete record of the public 

hearing, and the accompanying order. I look forward to your expeditious approval of these SlP revisions. 

incerely~,J_j ~~ 

B~. Shaw, Ph.D. 

Chairman 

BWS/js 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Toby Baker, Office of Budget, Planning and Policy, Office of the Governor 

Mr. Mark R Vickery, P.G., Executive Director, Texas Commission on Environmental Quality 

P.O. Box 13087 Austin, Texas 78711-3087 Internet address: www.tceq.state.tx.us 
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

THE STATE OF TEXAS 

COUNTY OF TRAVIS 

Docket No. 2010-0076-SIP 

This is to certifY that the attached are true and correct copies of documents for a revision to the Texas 

State Implementation Plan, adopted on August 25, 2010, pursuant to 40 Code of Federal Regulations§ 51.104. 

I am the records administrator for the Air Quality Division of the Texas Commission on Environmental Quality 

(Commission). 

._k__D~ D"fecto 

\)- -Air Quality Division 

Texas Commission on Environmental Quality 
Texas Commission on Environmental Quality 

Public Hearing 

May24, 2010 

Concerning the Dallas-Fort Worth 

Transportation Control Measure 

State Implementation Plan Revision 

Project No. 2009-026-SIP-NR 
INTRODUCTION 

The Texas Commission on Environmental Quality (commission) held a public hearing in Fort 

Worth on May 24, 2010, to receive testimony regarding revisions to the state implementation 

plan (SIP) to convert an environmental speed limit (ESL) control strategy to a transportation 

control measure (TCM) for the 1997 eight-hour ozone standard in the Dallas-Fort Worth (DFW) 

nonattainment area. This SIP revision allows increased flexibility for local air quality planners to 

change ESLs in the area without having to revise the DFW SIP each time. 

The comment period closed on June 1, 2010. All testimony and comments have been reviewed 

and seriously considered. This hearing record contains a complete record of the public hearing 

and is divided into the following four sections: 

o Public Notification and Proposal 

o Written and Oral Testimony 

o Evaluation of Testimony 

o Staff Recommendations/Order 

Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park 

35 Circle, Austin, Texas 78753. For further information, please contact Kathy Singleton at (817) 

588-5914. 
PUBLIC 

NOTIFICATION AND 

PROPOSAL 
PUBUC NOTIFICATION 

Notification to the public of the proposed revisions was conducted by the following procedures: 

1. Publication of notice of public hearing in the following newspapers on the date listed: 

Fort Worth Star-Telegram, April16, 2010 

2. Publication of the public hearing notice in the January 21, 2010, issue of the Texas Register (35 

TexReg 3539). 

3. Correspondence forwarding the notice of public hearings to the following officials and agencies: 

Speaker of the House 

Lieutenant Governor 

Alamo Area Council of Governments 

Capital Area Planning Council 

City of Dallas, Department of Environmental and Health Services 

City of Dallas, Department of Aviation 

City of El Paso, Environmental Services 

City of Fort Worth, Environmental Management Department 

City of Fort Worth, Mayor's Office 

City of Houston, Department of Health and Human Services 

East Texas Council of Governments 

El Paso Metropolitan Planning Organization 

Federal Highway Administration 

Galveston County Health District 

Harris County Public Health and Environmental Services 
North Central Texas Council of Governments 

Houston-Galveston Area Council 

South East Texas Regional Planning Commission 

Texas Department of Transportation 

Tarrant County Judge 

Victoria Metropolitan Planning Organization 

Arkansas Department of Pollution Control and Ecology 

Louisiana Department of Environmental Quality 

New Mexico Environmental Department 

Oklahoma Department of Environmental Quality 

United States Environmental Protection Agency 
Example of Newspaper Classified Ad 

Fort Worth Star-Telegram, April16, 2010 
Bryan W. Shaw, Ph.D., Chainnan 

Buddy Garcia, Commissioner 

Carlos Rubinstein, Commissioner 

Mark R. Vickery, P.G., Executive Director 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Reducing and Preventing Pollu.tion 

NOTICE OF PUBLIC HEARING BY THE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

ON PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN 

The Texas Commission on Environmental Quality (TCEQ) will conduct a public hearing to receive comments 

concerning revisions to the state implementation plan (SIP), under the requirements of Texas Health and Safety 

Code, §382,012 and §382.013; and 40 Code of Federal Regulations §51.102 of the United States Environmental 

Protection Agency regulations concerning SIPs. 

This SIP revision would convert environmental speed limit requirements currently incorporated into the SIP for 

the DFW nonattainment area as an ozone control measure to a transportation control measure (TCM). This 

conversion would allow increased flexibility for local air quality planners to change environmental speed limits 

in the area without the TCEQ having to revise the SIP. If this SIP revision is approved by the United States 

Environmental Protection Agency, future changes to the speed limits could be accomplished through the TCM 

substitution process, 

A public hearing on this proposal will be held in Fort Worth on May 24, 2010, at 10:00 a.m., at the TCEQ 

Region 4 Offices, 2309 Gnlvel Drive. The hearing will be structured for the receipt of oral or written comments 

by interested persons. Individuals may present oral statements when called upon in order of registration. There 

will be no open discussion during the hearing; however, TCEQ staff will be available to discuss the proposal 3 0 

minutes prior to the hearing. 

Persons who have special communication or other accommodation needs who are planning to attend the hearing 

should contact Kathy Singleton with the Air Quality Division at (817) 588-5914. Requests should be made as 

far in advance as possible. 

Comments may be submitted to Kathy Singleton, TCEQ, Region 4, 2309 Gnlvel Drive, Fort Worth, Texas, 

76118-6951, or faxed to (817) 588-5700. Electronic comments may be submitted at 

www5.tceq.staJe.tx.us/rules/ecommentsl. File size restrictions may apply to comments being submitted via the 

eComments system. All comments pertaining to the Dallas-Fort Worth Environmental Speed Limit 

Control Strategy Conversion to a Transportation Control Measure, proposed for the DFW area 

should reference Project Number 2009-026-SIP-NR .. The comment period closes on June I, 2010. 

Copies of the proposed SIP revision can be obtained from the TCEQ's Web site at 

http://www.tceq.staJe.b:. uslimplementaJionlair/stp/4fw.html. For further information, please contact Kathy 

Singleton, Air Quality Planning Section, (8 17) 588-5914. 

Issued in Austin, Texas, onAprill4, 2010. 

P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us 
♦ ♦ ♦

♦ ♦ ♦

ately using a standard permit or permit by rule (PBR) to avoid public

notice requirements. Furthermore, this rulemaking would prevent the

use of a standard permit or PBR as an immediate precursor to the construction of a facility requiring a permit under THSC, §382.0518. This

rulemaking would also clarify rule language to ensure that projects at a

site where a PBR was used as an authorization comply with the 25/250

tons per year emission limit unless at least one facility at the site has

undergone public notice.

A public hearing for this proposed rulemaking and corresponding SIP

revision is scheduled in Austin on May 18, 2010, 10:00 a.m. in Building E, Room 201S, at the Commission’s central office located at 12100

Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when

called upon in order of registration. There will be no open discussion

during the hearing. However, commission staff members will be available to discuss the proposals 30 minutes before the hearing and will

answer questions before and after the hearing.

Persons planning to attend the hearing, who have special communication or other accommodation needs, should contact Charlotte Horn,

Texas Register Team (512) 239-0779. Requests should be made as far

in advance as possible.

Comments may be submitted to Patricia Duron, MC 205, Office of Legal Services, Texas Commission on Environmental

Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed

to (512) 239-4808. Electronic comments may be submitted at

http://www5.tceq.state.tx.us/rules/ecomments. File size restrictions

may apply to comments submitted through the eComments system. All

comments should reference Rule Project Number 2009-016-116-PR.

The comment period closes June 1, 2010. Copies of the proposed rules can be obtained from the commission’s Web site at

http://www.tceq.state.tx.us/nav/rules/propose_adopt.html. For further

information regarding the proposed rules and SIP revisions, please

contact Blake Stewart, Air Permits Division, at (512) 239-6931.

TRD-201001844

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 16, 2010

Notice of Public Hearing on Proposed Revisions to the State

Implementation Plan

The Texas Commission on Environmental Quality (TCEQ) will conduct a public hearing to receive comments concerning revisions to

the state implementation plan (SIP), under the requirements of Texas

Health and Safety Code, §382.012 and §382.013; and 40 Code of Federal Regulations §51.102 of the United States Environmental Protection Agency regulations concerning SIPs.

This SIP revision would convert environmental speed limit requirements currently incorporated into the SIP for the DFW nonattainment

area as an ozone control measure to a transportation control measure

(TCM). This conversion would allow increased flexibility for local air

quality planners to change environmental speed limits in the area without the TCEQ having to revise the SIP. If this SIP revision is approved

by the United States Environmental Protection Agency, future changes

to the speed limits could be accomplished through the TCM substitution process.

A public hearing on this proposal will be held in Fort Worth on May

24, 2010, at 10:00 a.m., at the TCEQ Region 4 Offices, 2309 Gravel

Drive. The hearing will be structured for the receipt of oral or written

comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open

discussion during the hearing; however, TCEQ staff will be available

to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation

needs who are planning to attend the hearing should contact Kathy

Singleton with the Air Quality Division at (817) 588-5914. Requests

should be made as far in advance as possible.

Comments may be submitted to Kathy Singleton, TCEQ, Region

4, 2309 Gravel Drive, Fort Worth, Texas, 76118-6951, or faxed

to (817) 588-5700. Electronic comments may be submitted at

www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may

apply to comments being submitted via the eComments system.

All comments pertaining to the Dallas-Fort Worth Environmental

Speed Limit Control Strategy Conversion to a Transportation Control Measure, proposed for the DFW area should reference Project

Number 2009-026-SIP-NR.. The comment period closes on June

1, 2010. Copies of the proposed SIP revision can be obtained from

the TCEQ’s Web site at http://www.tceq.state.tx.us/implementation/air/sip/dfw.html. For further information, please contact Kathy

Singleton, Air Quality Planning Section, (817) 588-5914.

TRD-201001839

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 16, 2010

Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC)

will conduct a public hearing on May 12, 2010, at 1:30 p.m., to receive

comment on proposed Medicaid payment rates for Cervarix. The public hearing will be held in the Lone Star Conference Room of HHSC,

Braker Center, Building H, located at 11209 Metric Boulevard, Austin,

Texas. Entry is through Security at the main entrance of the building,

which faces Metric Boulevard. The hearing will be held in compliance

with Human Resources Code §32.0282 and the Texas Administrative

Code, Title 1 (1 TAC), §355.201(e)-(f), which require public notice of

and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rates for Cervarix are proposed to be

effective July 1, 2010.

Methodology and Justification. The proposed payment rates were

calculated in accordance with 1 TAC §355.8085, which addresses the

reimbursement methodology for physicians and certain other practitioners.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after April 27, 2010. Interested parties may obtain a copy of the briefing package prior to the hearing by

contacting Rate Analysis by telephone at (512) 491-1445; by fax at

(512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us. The

briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed

payment rates may be submitted in lieu of, or in addition to, oral

testimony until 5 p.m. the day of the hearing. Written comments

may be sent by U.S. mail to the attention of Rate Analysis, HHSC,

Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas

78708-5200; by fax to Rate Analysis at (512) 491-1998; or by e-mail to

IN ADDITION April 30, 2010 35 TexReg 3539
REVISION TO THE STATE IMPLEMENTATION PLAN 

FOR THE CONTROL OF OZONE AIR POLLUTION 

DALLAS-FORT WORTH 1997 EIGHT-HOUR OZONE STANDARD 

NONATTAINMENT AREA 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

P.O. BOX 13087 

AUSTIN, TEXAS 78711-3087 

Dallas-Fort Worth Envirorunental Speed Limit 

Control Strategy Conversion to a 

Transportation Control Measure 

PROJECT NO. 2009-026-SIP-NR 

Proposed 

Aprill4, 2010 
Dallas-Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

EXECUTIVE SUMMARY 

The North Texas Tollway Authority (NTTA), through the North Central Texas Council of 

Governments (NCTCOG), requested that the Texas Commission on Environmental Quality 

(TCEQ) convert an environmental speed limit (ESL) control measure currently incorporated into 

the Dallas-Fort Worth (DFW) one-hour ozone attainment demonstration into a transportation 

control measure (TCM). The NCTCOG is required to implement TCMs as part of a strategy to 

aid the area in attaining the ozone National Ambient Air Quality Standard (NAAQS). This 

conversion would increase flexibility by allowing local air quality planners to change ESLs in the 

area without the TCEQ having to revise the DFW state implementation plan (SIP). United States 

Environmental Protection Agency (EPA) approval of this SIP revision would allow future 

changes to the ESLs to be accomplished through the TCM substitution process. This conversion 

from a control measure to a TCM would be consistent with the motor vehicle emissions budget 

(MVEB) submitted in the DFW 1997 Eight-Hour Ozone Standard Attainment Demonstration SIP 

Revision (Project No. 2006-013-SIP-NR). If conversion of the ESL to a TCM is approved by the 

EPA, the NCTCOG would be responsible for subsequently substituting another reduction 

measure in place of the ESL TCM. 

The ESL control measure was enacted in the April 2000 DFW One-Hour Ozone Attainment 

Demonstration SIP Revision (Project No. 1999-055-SIP-AD as a state control measure, which 

was approved by the EPA in October 2005 (70 FR 58978). The measure included adopting speed 

limit reductions of 5 miles per hour (mph) on all roads in the DFW nine-county area (Dallas, 

Tarrant, Collin, Denton, Parker, Johnson, Ellis, Kaufman, and Rockwall Counties) with posted 

speeds of either 70 mph or 65 mph. 

As published in the June 9, 2000, issue of the Texas Register (25 TexReg 5686), the Texas 

Department of Transportation (TxDOT) revised speed limit regulations to allow speed limit 

changes for justified environmental reasons as requested by the TCEQ. Effective September I, 

2001, TxDOT lowered all 70 mph and 65 mph speed limits by 5 mph in the DFW nine-county 

area. Texas Transportation Code, §545.353 gives the Texas Transportation Commission 

authorization to alter speed limits on the highway system in accordance with TxDOT's 

Procedures for Establishing Speed Zones, and Texas Transportation Code, §545.354 gives 

regional tollway authorities that same authorization for tollways maintained by regional tollway 

authorities. 

In 2003, the Texas Legislature, 78th Session, enacted House Bill (HB) 1365, amending 

Transportation Code, §545.3530), to prohibit TxDOT from implementing speed limits for 

environmental purposes, effective June 22, 2003. The legislation did not remove or change any 

ESL already in force at the time. 

In 2008, the TCEQ began discussions with the NTTA and the NCTCOG to transfer the ESL 

control measure to a TCM. In addition, TCEQ staff also consulted with staff at TxDOT and EPA 

Region 6, who were generally supportive of the flexibility the action would provide the local 

transportation planners. TxDOT indicated that existing ESLs may be retained on the state 

highway system until such time as the TCEQ advises TxDOT in writing that the speed limit is 

unnecessary and a speed study performed for the area finds that the existing environmental speed 

zone is not reflective of the 85th percentile speed. 

ES-1 
Dallas-Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

SECTION V: LEGAL AUTHORITY 

A. General 

The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, 

maintain, and enforce the National Ambient Air Quality Standards (NAAQS) and to control the 

quality of the state's air, including maintaining adequate visibility. 

The first air pollution control act, known as the Clean Air Act of Texas, was passed by the Texas 

Legislature in 1965. In 1967, the Clean Air Act of Texas was superseded by a more 

comprehensive statute, the Texas Clean Air Act (TCAA), found in Article 4477-5, Vernon's 

Texas Civil Statutes. The legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985, 1987, 

1989, 1991, 1993, 1995, 1997, 1999,2001,2003,2005,2007, and 2009. In 1989, the TCAA was 

codified as Chapter 382 of the Texas Health & Safety Code. 

Originally, the TCAA stated that the Texas Air Control Board (TACB) is the state air pollution 

control agency and is principal authority in the state on matters relating to the quality of air 

resources. In 1991, the legislature abolished the TACB effective September I, 1993, and its 

powers, duties, responsibilities," and functions were transferred to the Texas Natural Resource 

Conservation Commission (TNRCC). With the creation of the TNRCC, the authority over air 

quality is found in both the Texas Water Code and the TCAA. Specifically, the authority of the 

TNRCC is found in Chapters 5 and 7. Chapter 5, Subchapters A- F, H- J, and L, include the 

general provisions, organization, and general powers and duties of the TNRCC, and the 

responsibilities and authority of the executive director. This chapter also authorizes the TNRCC 

to implement action when emergency conditions arise, and to conduct hearings. Chapter 7 gives 

the TNRCC enforcement authority. In 2001, the 77th Texas Legislature continued the existence 

of the TNRCC until September I, 2013, and changed the name of the TNRCC to the Texas 

Commission on EnvironmentaJ Quality (TCEQ). In 2009, the 81" Texas Legislature, during a 

special session, amended section 5.014 of the Texas Water Code, changing the expiration date of 

the TCEQ to September I, 2011, unless continued in existence by the Texas Sunset Act. 

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in 

the state's air and to control the quality of the state's air by preparing and developing a general, 

comprehensive plan. The TCAA, Subchapters A - D, also authorize the TCEQ to collect 

information to enable the commission to develop an inventory of emissions; to conduct research 

and investigations; to enter property and examine records; to prescribe monitoring requirements; 

to institute enforcement proceedings; to enter into contracts and execute instruments; to formulate 

rules; to issue orders taking into consideration factors bearing upon health, welfare, social and 

economic factors, and practicability and reasonableness; to conduct hearings; to establish air 

quality control regions; to encourage cooperation with citizens' groups and other agencies and 

political subdivisions of the state as well as with industries and the federal government; and to 

establish and operate a system of permits for construction or modification of facilities. 

Local government authority is found in Subchapter E of the TCAA. Local governments have the 

same power as the TCEQ to enter property and make inspections. They also may make 

recommendations to the commission concerning any action of the TCEQ that affects their 

territorial jurisdiction, may bring enforcement actions, and may execute cooperative agreements 

with the TCEQ or other local governments. In addition, a city or town may enact and enforce 

ordinances for the control and abatement of air pollution not inconsistent with the provisions of 

the TCAA and the rules or orders of the commission. 

DFW SIP Revision- Aprill4, 2010 
Dallas-Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and 

maintenance programs in certain areas of the state, consistent with the requirements of the 

Federal Clean Air Act; coordinate with federal, state, and local transportation planning agencies 

to develop and implement transportation programs and measures necessary to attain and maintain 

the NAAQS; establish gasoline volatility and low emission diesel standards; and fund and 

authorize participating counties to implement vehicle repair assistance, retrofit, and accelerated 

vehicle retirement programs. 

B. Applicable Law 

The following statutes and rules provide necessary authority to adopt and implement the state 

implementation plan (SIP). The rules listed below have previously been submitted as part of the 

SIP. 

Statutes 

All sections of each subchapter are included, unless otherwise noted. 

TEXAS HEALTH & SAFETY CODE, Chapter 382 

TEXAS WATER CODE 

Chapter 5: Texas Natural Resource Conservation Commission 

Subchapter A: General Provisions 

Subchapter B: Organization of the Texas Natural Resource 

Conservation Commission 

Subchapter C: Texas Natural Resource Conservation Commission 

Subchapter D: General Powers and Duties of the Commission 

Subchapter E: Administrative Provisions for Commission 

Subchapter F: Executive Director (except§§ 5.225, 5.226, 5.227, 

5.2275, 5.231, 5.232, and 5.236) 

Subchapter H: Delegation of Hearings 

Subchapter I: Judicial Review 

Subchapter J: Consolidated Permit Processing 

SubchapterL: Emergency and Temporary Orders(§§ 5.514, 5.5145, 

and 5.515 only) 

Subchapter M: Environmental Permitting Procedures(§ 5.558 only) 

Chapter 7: Enforcement 

Subchapter A: General Provisions(§§ 7.001, 7.002, 7.0025, 7.004, 

and 7.005 only) 

Subchapter B: Corrective Action and Injunctive Relief(§ 7.032 only) 

Subchapter C: Administrative Penalties 

Subchapter D: Civil Penalties (except § 7 .I 09) 

Subchapter E: Criminal Offenses and Penalties: §§ 7.177, 7.179-7.183 

Rules 

All of the following rules are found in 30, Texas Administrative Code, 

as of the following effective dates: 

Chapter 7: Memoranda of Understanding,§§ 7.110 and 7.119 

Chapter 19: Electronic Reporting 

DFW SIP Revision -April 14, 2010 

ii 

September I, 2009 

September I, 2009 

May2, 2002 

March I, 2007 
J 

Dallas·Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

Chapter 35: Subchapters A-C, K: Emergency and Temporary Orders and 

Permits; Temporary Suspension or Amendment of Permit Conditions July 20, 2006 

Chapter 39: Public Notice,§§ 39.201; 39.401; 39.403(a) and (b)(8)-(10); 

39.405(f)(l) and (g); 39.409; 39.411 (a), (b)(l)-(6), and (8)-(10) and 

(c)(l)-(6) and (d); 39.413(9), (II), (12), and (14); 39.418(a) and (b)(3) 

and (4); 39.419(a), (b), (d), and (e); 39.420(a), (b) and (c)(3) and (4); 

39.423 (a) and (b); 39.601-39.605 March 29, 2006 

Chapter 55: Requests for Reconsideration and Contested Case Hearings; 

Public Comment,§§ 55.1; 55.21(a)- (d), (e)(2), (3), and (12), (f) and 

(g); 55.IOI(a), (b), and (c)(6)- (8); 55.103; 55.150; 55.152(a)(l), (2), 

and (6) and (b); 55.154; 55.156; 55.200; 55.201(a)- (h); 55.203; 

55.205; 55.209, and 55.211 March 29, 2006 

Chapter 101: Geneml Air Quality Rules January I, 2009 

Chapter 106: Permits by Rule, Subchapter A June 30, 2004 

Chapter Ill: Control of Air Pollution from Visible Emissions and 

Particulate Matter July 19, 2006 

Chapter 112: Control of Air Pollution from Sulfur Compounds July 16, 1997 

Chapter I 13: Standards of Performance for Hazardous Air Pollutants 

and for Designated Facilities and Pollutants May 14, 2009 

Chapter 114: Control of Air Pollution from Motor Vehicles June 26, 2008 

Chapter 115: Control of Air Pollution from Volatile Organic Compounds July 19, 2007 

Chapter 116: Permits for New Construction or Modification May 29, 2008 

Chapter 117: Control of Air Pollution by Control of Air Pollution from 

Nitrogen Compounds March 4, 2009 

Chapter 118: Control of Air Pollution Episodes March 5, 2000 

Chapter 122: § 122.122: Potential to Emit December II, 2002 

Chapter 122: § 122.215: Minor Permit Revisions June 3, 2001 

Chapter 122: § 122.216: Applications for Minor Permit Revisions June 3, 2001 

Chapter 122: § 122.217: Procedures for Minor Permit Revisions 

Chapter 122: § 122.218 Minor Permit Revision Procedures for Permit 

Revisions Involving the Use of Economic Incentives, Marketable 

Permits, and Emissions Trading 

DFW SIP Revision- April 14, 2010 

iii 

December 11, 2002 

June 3, 2001 
Dallas-Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

SECTION VI. CONTROL STRATEGY 

A. Introduction (No revision) 

B. Ozone (Revised) 

I. Dallas-Fort Worth (Revised) 

Chapter I: Background and Introduction (Revised) 

Chapter 2: Photochemical Modeling (No revision) 

Chapter 3: Corroborative Analysis (No revision) 

Chapter 4: Required Control Strategy Elements (Revised) 

2. Houston-Galveston-Brazoria (No revision) 

3. Beaumont-Port Arthur (No revision) 

4. El Paso (No revision) 

5. Regional Strategies (No revision) 

6. Northeast Texas (No revision) 

7. Austin Area (No revision) 

8. San Antonio Area (No revision) 

9. Victoria Area (No revision) 

C. Particulate Matter (No revision) 

D. Carbon Monoxide (No revision) 

E. Lead (No revision) 

F. Oxides ofNitrogen (No revision) 

G. Sulfur Dioxide (No revision) 

H. Conformity with the National Ambient Air Quality Standards (No revision) 

I. Site Specific (No revision) 

J. Mobile Sources Strategies (No revision) 

K. Clean Air Interstate Rule (No revision) 

L. Transport (No revision) 

M. Regional Haze (No revision) 

DFW S!PRevision-Aprill4, 2010 

iv 
Dallas-Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

LIST OF ACRONYMS 

DFW --Dallas-Fort Worth 

EPA -- United States Environmental Protection Agency 

ESL -- Environmental Speed Limit 

HB -- House Bill 

mph -- miles per hour 

MVEB -- Motor Vehicle Emissions Budget 

NCTCOG --North Central Texas Council of Governments 

NOx -- Nitrogen Oxides 

NTTA --North Texas Tollway Authority 

RACT --Reasonably Available Control Technology 

RACM -- Reasonably Available Control Measure 

SIP -- State Implementation Plan 

TAC --Texas Administrative Code 

TACB --Texas Air Control Board 

TCAA --Texas Clean Air Act 

TCEQ --Texas Commission on Environmental Quality (commission) 

TCM -- Transportation Control Measure 

TNRCC -- Texas Natural Resource Conservation Commission 

TxDOT --Texas Department of Transportation 

USC -- United States Code 

VOC- Volatile Organic Compounds 

DFW SIP Revision -Aprill4, 2010 

v 
Dallas-Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

TABLE OF CONTENTS 

Executive Summary 

List of Acronyms 

Table of Contents 

Chapter I: Background and Introduction (Revised) 

1.1 General 

1.1.1 Background (Revised) 

1.1.2 Current SIP Revision (Revised) 

1.2 Health Effects (Revised) 

1.3 Public Comment (Revised) 

1.4 Social and Economic Considerations (Revised) 

1.5 Fiscal and Manpower Resources (No revision) 

Chapter 2: Photochemical Modeling (No revision) 

Chapter 3: Corroborative Analysis (No revision) 

Chapter 4: Required Control Strategy Elements 

4.1 Overview of Existing Control Strategies (No revision) 

4.2 NOx and VOC Control Measures (Revised) 

4.2.3.2 Transportation Control Measures Project (Addition) 

4.3 Reasonably Available Control Technology (RACT) Analysis (No revision) 

4.4 Reasonably Available Control Measures (RACM) Analysis (No revision) 

4.5 Motor Vehicle Emissions Budget (MVEB) (Revised) 

4.6 Contingency Measure (No revision) 

4. 7 Environmental Speed Limit (ESL) Control Measure Conversion to a Transportation 

Control Measure (TCM) (Addition) 

DFW SIP Revision- Aprill4, 2010 

vi 
Dallas~ Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

CHAPTER 1 BACKGROUND AND INTRODUCTION 

1.1 GENERAL 

"The Histocy of the Texas State Implementation Plan (SIP)," a comprehensive overview of the 

SIP revisions submitted to the United States Environmental Protection Agency (EPA) by the 

State of Texas may be viewed on the Texas Commission on Environmental Quality's (TCEQ) 

Web site, at: http:!lwww.tceq.state,tx.us/implementationlair!sip/sipintro.html#History. 

1.1.1 Background 

As part of the development of the April 2000 Dallas-Fort Worth (DFW) One-Hour Ozone 

Standard Attainment Demonstration SIP Revision (Project No. 1999-055-SIP-AD, the TCEQ 

consulted with the Texas Department of Transportation (TxDOT) in developing an environmental 

speed limit (ESL) control strategy for the DFW area. The one-hour attainment demonstration SIP 

revision included a control measure to reduce some roadway speed limits in the area. 

As part of the SIP development process, TxDOT revised regulations relating to speed limits to 

allow the TCEQ to submit a request to change speed limits for environmental reasons when 

justified. As published in a June 9, 2000, issue of the Texas Register (25 TexReg 5686), TxDOT 

revised speed limit regulations to allow speed limit changes for justified environmental reasons as 

requested by the TCEQ. 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). The slower speed 

limits were implemented on September I, 200 I. 

In 2003, the Texas Legislature, 78th Session, enacted House Bill (HB) 1365, amending 

Transportation Code, §545.353(j), and prohibiting TxDOT from implementing speed limits for 

environmental purposes, effective June 22, 2003. The legislation did not remove or change any 

ESL already in force at the time. 

Discussions began in 2008 with the North Central Texas Council of Governments (NCTCOG) 

and the North Texas Tollway Authority (NTTA) to transfer the ESL control strategy to a 

transportation control measure (TCM). In addition, TCEQ staff also discussed the issue with staff 

at TxDOT and EPA Region 6, who were generally supportive of the flexibility the action would 

provide the local transportation planners. TxDOT indicated that existing ESLs may be retained 

on the state highway system until such time as the TCEQ advises TxDOT in writing that the 

speed limit is unnecessacy and a speed study performed for the area finds that the existing 

environmental speed zone is not reflective of the 85th percentile speed. 

1.1.2 Current SIP Revision 

The NTTA, through the NCTCOG, requests that the TCEQ convert an ESL control measure 

currently incorporated into the DFW one-hour ozone attainment demonstration SIP revision into a 

TCM. The NCTCOG is required to implement TCMs as part of a strategy to aid the area in 

·attaining the ozone National Ambient Air Quality Standard (NAAQS). This conversion would 

allow increased flexibility for local air quality planners to change ESLs in the area without the 

TCEQ having to revise the DFW SIP. This SIP revision would allow future changes to ESLs to 

be accomplished through a less burdensome TCM substitution process. This conversion of ESLs 

to a TCM would be consistent with the motor vehicle emissions budget (MVEB) submitted in the 

DFW 1997 Eight-Hour Ozone Standard Attainment Demonstration SIP Revision (Project No. 

DFW SIP Revision- April14, 2010 

1-1 
Dallas~ Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

2006-0 13-SIP-NR). If conversion of the ESL to a TCM is accomplished, the NCTCOG would be 

responsible for subsequently substituting another reduction measure in place of the ESL TCM. 

1.2 HEALTH EFFECTS 

In 1997, the EPA revised the NAAQS for ozone from a one-hour to an eight-hour standard. To 

support the 1997 eight-hour ozone standard, the EPA provided information indicating that health 

effects can occur at levels lower than the previous standard and at exposure times longer than one 

hour. High concentrations of one-hour ozone were not shown to correlate well with mortality. 

Exposure to ambient ozone can aggravate asthma in some people. Repeated exposures to ozone 

can make people more susceptible to respiratory infection and lung inflammation and can 

aggravate preexisting respiratory diseases, such as bronchitis and emphysema. 

Children are at a relatively higher risk from exposure to ozone when compared to adults, since 

they breathe more air per pound of body weight than adults and because children's respiratory 

systems are still developing. Children also spend a considerable amount of time outdoors during 

summer and during the start of the school year (August - October) when high ozone levels are 

typically recorded. Adults most at risk to ozone exposure are people working or exercising 

outdoors and individuals with preexisting respiratory diseases. 

1.3 PUBLIC COMMENT 

The commission will hold a public hearing on this proposed SIP revision for the DFW ESL 

conversion to a TCM at the following time and location: 

City_ ,, Date ' Time ·· Location .. ·. ·', .·'· 

TCEQ Region 4 Offices 

Fort Worth May 24,2010 !O:OOA.M. 2309 Gravel Drive 

Fort Worth, TX 

76118-6951 

The public hearing will be structured for receipt of oral and written comments by interested 

persons. Individuals may present oral statements when called upon, which will be in order of 

their registration. Open discussion will not be permitted during the public hearing itself; 

however, commission staff members will be available to discuss the proposal for 30 minutes prior 

to the hearing. Persons with special communication or accommodation needs should contact 

Tiffany Smith, Air Quality Planning Section, at (512) 239-4669. 

Comments may be submitted to Kathy Singleton, TCEQ, DFW Region 4, 2309 Gravel Drive, 

Fort Worth, Texas, 76118-6951, or faxed to (817) 588-5700. Electronic comments are preferable, 

and may be submitted via the TCEQ "eComments system," accessible from the TCEQ Web site 

at http:/!www5.tceq.state.tx.uslruleslecommentsl. File size restrictions may apply to comments 

being submitted. All comments pertaining to this Dallas-Fort Worth Environmental Speed 

Limit Control Strategy Conversion to a Transportation Control Measure, proposed for the 

DFW area should reference Project Number 2009-026-SlP-NR. The period for TCEQ to take 

comments on this SIP revision will open on April 30, 2010, and will close on June I, 2010. 

Copies of this proposed revision may be obtained from the commission's Web site, at 

http://www.tceq.state.tx. us!implementation!air/sip/4fw.html. For further information, please 

contact Kathy Singleton at (817) 588-5914. 

DFW SIP Revision-Aprill4, 2010 

1-2 
Dallas-Fort Worth Environmental Speed Limit Conversion to a TllliiSportation Control Measure SIP Revision 

1.4 SOCIAL AND ECONOMIC CONSIDERATIONS 

There are no social or economic issues of concern attributable to this Dallas-Fort Worth 

Environmental Speed Limit Control Strategy Conversion to a Transportation Control Measure 

SlP Revision. 

1.5 FISCAL AND MANPOWER RESOURCES 

The state has determined that its fiscal and manpower resources are adequate and will not be 

adversely affected through the implementation of this plan. 

DFW SIP Revision- Aprill4, 2010 

1-3 
Dallas~ Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

CHAPTER 2 PHOTOCHEMICAL MODELING 

(No revision) 

DFW SIP Revision- Aprill4, 2010 

2-1 
Dallas-Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

CHAPTER 3 CORROBORATIVE ANALYSIS 

(No revision) 

DFWSIPRevision-Aprill4,2010 

3-1 
Dallas-Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

CHAPTER 4 REQUIRED CONTROL STRATEGY ELEMENTS 

4.1 OVERVIEW OF EXISTING CONTROL STRATEGIES (No revision) 

4.2 NOx AND VOC CONTROL MEASURES (No revision) 

4.2.1 - 4.2.2 (No revision) 

4.2.3 Transportation Control Measures 

4.2.3.1 Transportation Control Measures Project Descriptions 

4.2.3.2 Transportation Control Measures Project (Addition) 

The North Texas Tollway Authority (NTT A), through the North Central Texas Council of 

Governments (NCTCOG), requests that the Texas Commission on Environmental Quality 

(TCEQ) convert an environmental speed limit (ESL) control measure currently incorporated into 

the Dallas-Fort Worth (DFW) one-hour ozone attainment demonstration state implementation 

plan (SIP) revision to a transportation control measure (TCM). The NCTCOG is required to 

implement TCMs as part of a strategy to aid the area in attaining the ozone National Ambient Air 

Quality Standard (NAAQS). This SIP revision would be limited to converting the environmental 

speed limit (ESL) control strategy to a TCM in the DFW SIP. Conversion of the ESL control 

measure to a TCM would not interfere with any TCM included in the DFW 1997 Eight-Hour 

Ozone Standard Attainment Demonstration SIP Revision (Project No. 2006-013-SIP-NR) but 

would add the measure as a TCM under the responsibility and maintenance of the NCTCOG. 

4.2.4 - 4.4 (No revision) 

4.5 MOTOR VEIDCLE EMISSIONS BUDGET {MVEB) (Revised) 

The MVEB refers to the maximum allowable emissions from on-road mobile sources for each 

applicable criteria pollutant or precursor as defined in the SIP. The budget must be used in 

transportation conformity analyses. Areas must demonstrate that the estimated emissions from 

transportation plans, programs, and projects do not exceed the MVEB. The attainment budget 

represents the on-road mobile source emissions that have been modeled for the attainment 

demonstration. The budget reflects all of the on-road control measures reflected in that 

demonstration. This conversion from a local measure to a TCM would be consistent with the 

MVEB submitted for the DFW 1997 Eight-Hour Ozone Standard Attainment Demonstration SIP 

Revision (Project No. 2006-013-SIP-NR). 

4.6 (No revision) 

4.7 ENVIRONMENTAL SPEED LlMlT (ESL) CONTROL MEASURE CONVERSION 

TO A TRANSPORTATION CONTROL MEASURE (TCM) 

Conversion of the ESL control measure to a TCM would transfer the responsibility of 

maintaining emissions reductions currently associated with the DFW area ESL control measure to 

the NCTCOG. This SIP revision would make no change to the ESL control measure in the DFW 

SIP. This SIP revision, if approved by the EPA, would only convert the ESL control measure to a 

DFW SIP Revision- Aprill4, 2010 

4-1 
Dallas-Fort Wonh Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision 

TCM, thereby transferring responsibility to the NCTCOG. Emissions reductions currently 

associated with the ESL control measure for the DFW area would be maintained as a TCM 

enacted by the NCTCOG. In the future, the NCTCOG is responsible for ensuring alternative 

emission reduction measures are in place should changes to an ESL TCM be necessary. 

Conversion of the DFW area ESL control measure to a TCM would allow increased flexibility for 

local air quality planners to change individual ESLs in the area without the TCEQ having to 

revise the DFW SIP. This SIP revision would allow future changes to individual ESLs to be 

accomplished through a less burdensome TCM substitution process. 

DFW SIP Revision- April 14, 2010 

4-2 
WRITTEN AND 

ORAL TESTIMONY 
Reference Number 

W-1 

INDEX OF WRTITEN TESTIMONY 

Submitted by 

Guy Donaldson, United States Environmental Protection 

Agency 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGIONS 

Ms. Kathy Singleton 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202·2733 

JUN - 1 ZDI6 

Texas Commission on Envirorunental Quality 

DFW Region4 

2309 Gravel Drive 

Fort Worth, Texas 76118-6951 

Re: Project Number 2009-026-SlP-NR 

Dear Ms. Singleton: 

W-1 

1bank you for the opportunity to review the proposed revision to the Dallas-Fort 

Worth (DFW) State Implementation Plan (SIP) for the control of ozone air pollution. 

The U.S. Envirorunental Protection Agency (EPA) Region 6 office supports the 

proposed conversion of the envirorunental speed limit (ESL) control measure contained 

in the DFW one-hour ozone attairunent demonstration SIP revision to a transportation 

control measure (TCM). 

We understand that emissions reductions currently associated with the ESL 

control measure for the DFW area would be maintained as a TCM implemented by the 

North Central Texas Council ofGoverrunents (NCTCOG), and therelore the associated 

reductions will remain accounted for-within the DFW SIP. 

While the Texas Commission on Envirorunental Quality (TCEQ) has 

responsibility for ensuring adequate implementation of the SIP, we understand that the 

NCTCOG will be the entity responsible for implementing the measure, and ensuring 

alternative emission reduction measures are in place should changes to an ESL TCM be 

necessary. These changes would be accomplished through the TCM substitution 

process outlined in Section 176(c)(8) of the Clean Air Act, and EPA's associated 

Guidance for implementing the Clean Air Act Section 176(c)(8) Transportation Control 

Measure Substitution and Addition Provision (EPA-420-B-09-002, January 2009). 

Reqcled/Recyclable • Prided with Vegetable 00 Based I nics on 100% Aecyded Paper (40% Postconsumer) 
We appreciate the collaboration that occurred between the TCEQ, the 

NCTCOG, and the Texas Department of Transportation to discuss and resolve issues 

concerning the ESL control measure. Please contact me or Jeffrey Riley of my staff at 

214-665-8542 if you have questions on this matter. 

2 

Sincerely Yours, 

Guy Donaldson 

Chief 

Air Planning Section 
INDEX OF ORAL TESTIMONY 

NO ORAL TESTIMONY WAS RECEIVED PERTAINING TO THIS SIP REVISION. 
- -·o- -

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

PUBLIC HEARING REGISTRATION 

May 24, 2010, 10:00 a.m. 

Location: TCEQ Regional Office, 2309 Gravel Drive, Fort Worth 

Project No.: 2009-026-SIP-NR, DFW Environmental Speed Limit Control 

Strategy Conversion to a Transportation Control Measure 

NAME Presenting Oral 

(Please Print) REPRESENTING Testimony? 

(Circle One) 

f\ J Jtill '/e._~y;) ,.--

Nc..' co~ Yes No 

\ 

u~ ~'n -T~~ 'Orf.F<J? 

Yes ··~ 

~~ 

Yea No 

Yes No 

Yea No 

Yes No 

Yea No 

Yes No 
HEARING OFFICER REPORT 

I am the hearing officer assig11ed to conduct the public hearing regarding a proposed revision to 

the Dallas-Fort Worth (DFW) 1997 Eight-HoW' Ozone Standard Nonatlainment Area State 

!Jnplementation Plan (SIP) to convert a DFW Environmental Speed LiJDii (ESL) Control Strategy 

to a Transportation Control Measure (TCM} (Project No.2009-026-SIP-NR). 

A public hearing was scheduled in Fort Worth on May 24, 2010, at 10:00 a.m. at the Texas 

Commission on Environmental Quality Regiona.l Office, located at 2309 Gravel Drive. 

At I 0:00 a.m., the room was open. TCEQ f;taif and a court reporter were present and ready to 

open the hearing for public comment. After waiting for 20 minutes, no one had arrived to make 

comments on the record. Therefore, the public hearing was not forma.lly opened for comment 

and no transcript was prepared. 

Date signed ' 

Z00/l00d wegt:ll 010z tz ~~ 
EVALUATION OF 

TESTIMONY 
Texas Commission on Environmental Quality INTEROFFICE MEMORANDUM 

To: Commissioners Date: August 6, 2010 

Thru: LaDonna Castailuela, Chief Clerk 

Mark R. Vickery, P.G., Executive Director 

From: ~usanaM. Hildebrand, P.E., ChiefEngineer 

Docket No.: 2010-0076-SIP 

Subject: Commission Approval for Adoption 

Dallas-Fort Worth (DFW) Environmental Speed Limit (ESL) Control Strategy Conversion 

to a Transportation Control Measure (fCM) State Implementation Plan (SIP) Revision 

Project No. 2009-026-SIP-NR . 

Background and reason(s) for the Sll' revision: 

The North Central Texas Council of Governments (NCTCOG) along with the North Texas Tollway 

Authority (NTTA) requested that the Texas Commission on Environmental Quality (fCEQ) revise the DFW 

SIP revision to convert an ESL control measure currently incorpomted into the SIP into a TCM. 

Scope of the SIP revision: 

A) Summary of what the SIP revision will do: 

This SIP revision will convert ESL requirements currently incorporated into the SIP for the DFW 

nonattainment area as an ozone control measure to a TCM. This conversion will allow increased flexibility 

for local air quality planners to change environmental speed limits in the area without the TCEQ having to 

revise the SIP. If tbis SIP revision is approved by the United States Environmental Protection Agency 

(EPA), future changes to the speed limits could be accomplished through the TCM substitution process. This 

conversion from a control measure to a TCM is consistent with the motor vehicle emissions budget (MVEB) 

submitted for the DFW 1997 eight-hour ozone standard nonattainment area. If conversion of the ESL to a 

TCM is accomplished, substitution of another reduction measure in place of the ESL TCM could 

subsequently occur. 

B) Scope required by federal regulations or state statutes: 

None 

C) Additional staff recommendations that are not required by federal rnle or state statute: 

None 

Statutory authority: 

The authority to propose and adopt this SIP revision is derived from Texas Health and Safety Code, Texas 

Clean Air Act (fCAA), §382.002, which provides tbat the policy and purpose of the TCAA is to safeguard. 

the state's air resources from pollution; TCAA, §382.011, which authorizes the commission to control the 

quality of the state's air; and §382.012, which authorizes the commission to prepare and develop a general, 

comprehensive plan for the control of the state's air; and Texas Water Code, §5.102, General Powers, and 

§5.013, General Jurisdiction of Commission. 

The Federal Clean Air Act (FCAA), 42 United States Code (USC), §§7401, et seq., requires states to submit 

SIP revisions that specify the manner in which the National Ambient Air Quality Standards (NAAQS) will 

be achieved and maintained within each air quality control region of the state. Phase 1 of the EPA's 

implementation rule for the 1997 eight-hour ozone standard, published in the April 30, 2004, issue of the 

Federal Register (69 FR 23951), outlines classifications, attainment dates, and anti-backsliding principles. 
Commissioners 

Page 2 

August 6, 201 0 

Re: Docket No. 2010-0076-SIP 

Phase 2 of the EPA's implementation rule for the 1997 eight-hour standard, published in the November 29, 

2005, issue of the Federal Register (70 FR 71612), outlines the requirements for state plans. 

Effect on the: 

A) Regulated community: 

The NCfCOG will be required to demonstrate timely implementation of the ESL TCM in its transportation 

conformity demonstration. Furthermore, for any future TCM substitution, the NCTCOG will be responsible 

for identifying control measures to achieve at least equivalent emission reductions. 

B) Public: 

Speed limits may increase on certain DFW area roads. 

C) Agency programs: 

None 

Stakeholder meetings: 

Stakeholder meetings were not necessary to support this SIP revision; however, TCEQ staff has been in 

contact with local planning organizations concerning this revision. 

Public comment: 

A public hearing was held on May 24,2010, at 10:00 a.m. at the Fort Worth TCEQ regional office. A 

question and answer session was held 30 minutes prior to 1be hearing. The hearing was not officially opened 

~ecause no party indicated a desire to give comment 

The public comment period opened April30, 2010, and closed on June 1, 2010. One comment was received 

from 1be EPA in support of 1be revision. 

Significant changes from proposal: 

None 

Potential controversial concerns and legislative interest: 

None at this time 

Will this SIP revision affect any current policies or require development of new policies? 

None at this time 

What are the consequences if this SIP revision does not go forward? 

If 1be TCEQ does not convert 1be speed limit control strategy to a TCM at this time, 1be NTT A may 

comment that 1be agency is not cooperating since 1be NTT A has requested that this be completed to provide 

flexibility in 1be NCfCOG's transportation planning process. 

Are there alternatives to this s~ revision? 

1) The TCEQ could decline to convert this measure to a TCM and leave 1be SIP commitment unchanged. 

However, if the NTTA subsequently changed an affected roadway's speed limit for non-environmental 

reasons, a separate SIP revision for each roadway change would be required and equivalent emission 

reductions for any lost wouid need to be identified. 
Commissioners 

Page3 

August 6, 2010 

Re: Docket No. 2010-0076-SIP 

2) The TCEQ could submit a SIP revision to remove the ESL strategy from the SIP altogether. However, 

this would require an anti-backsliding demonstration as well as identification of alternative control measures 

to provide equivalent emission reductions. 

Agency contacts: 

Kathy Singleton, SIP Project Manager, 817-588-5914, Air Quality Division 

Teny Salem, Staff Attorney, 239-0469 

Attachments 

cc: · Chief Clerk, 7 copies 

Executive Director's Office 

Susana M. Hildebrand, P.E. 

Kevin Patteson 

Curtis Seaton 

Daniel Womack 

Office of General Counsel 

Kathy Singleton 
RESPONSE TO COMMENTS RECEIVED REGARDING 

THE DALLAS-FORT WORTH (DFW) 1997 EIGHT-HOUR 

OZONE ENVIRONMENTAL SPEED LIMIT (ESL) 

CONTROL STRATEGY CONVERSION TO A 

TRANSPORTATION CONTROL MEASURE (TCM) STATE 

IMPLEMENTATION PLAN (SIP) REVISION 

A public hearing for this proposed ESL to TCM SIP revision was held on May 24, 20 I 0, at I 0:00 

a.m., at the Texas Commission on Environmental Quality (TCEQ) Region 4 Offices in Fort 

Worth. A question and answer session was held 30 minutes prior to the hearing. The hearing 

was not officially opened because no party indicated a desire to provide comment. 

The public comment period opened April 30, 2010, and closed June I, 2010. The commission 

received one comment from the United States Environmental Protection Agency (EPA) in 

support of the revision. 

The EPA expressed support for the proposed SIP revision converting the ESL control strategy for 

the DFW 1997 eight-hour ozone standard nonattainment area to a TCM. The EPA acknowledged 

that approval of this SIP revision would result in the transfer of responsibility from the TCEQ to 

the North Central Texas Council of Governments (NCTCOG) for emission reductions currently 

associated with the ESL control measure which would be maintained as a TCM. Substitution for 

an alternative TCM would be accomplished through the TCM substitution process outlined in 

Section 176(cX8) of the Federal Clean Air Act, and the EPA's guidance document: Guidance for 

Implementing the Clean Air Act Section 176(c)(8) Transportation Control Measure Substitution 

and Addition Provision. 

The EPA acknowledged and supported the collaboration that occurred among the NCTCOG, the 

Texas Department of Transportation (TxDOT), and the TCEQ to successfully complete this SIP 

revision. 

Tbe TCEQ appreciates tbe EPA's support of this SIP revJSJon and tbe EPA's 

acknowledgement concerning bow tbe ESL to TCM conversion would be implemented by 

tbe NCTCOG. Tbe TCEQ also appreciates tbe EPA's support of tbe collaborative efforts 

involved in completing this SIP revision. 
STAFF 

RECOMMENDATIONS
REVISION TO THE STATE IMPLEMENTATION PLAN FOR 

THE CONTROL OF OZONE AIR POLLUTION 

DALLAS-FORT WORTH 1997 EIGHT-HOUR OZONE 

STANDARD NONATT AINMENT AREA 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

P.O. BOX 13087 

AUSTIN, TEXAS 78711-3087 

DALLAS-FORT WORTH ENVIRONMENTAL SPEED 

LIMIT CONTROL STRATEGY CONVERSION TO A 

TRANSPORTATION CONTROL MEASURE 

PROJECT NO. 2009-026-SIP-NR 

Adopted August 25, 2010 
EXECUTIVE SUMMARY 

The North Texas Tollway Authority (NTTA), along with the North Central Texas Council of 

Governments (NCTCOG), requested that the Texas Commission on Environmental Quality 

(TCEQ) convert an environmental speed limit (ESL) control measure, incorporated into the 

Dallas-Fort Worth (DFW) one-hour ozone attainment demonstration, into a transportation control 

measure (TCM). The NCTCOG is required to implement TCMs as part of a strategy to aid the 

area in attaining the ozone National Ambient Air Quality Standard (NAAQS). This conversion 

increases flexibility by allowing local air quality planners to change ESLs in the area without the 

TCEQ having to revise the DFW state implementation plan (SIP). United States Environmental 

Protection Agency (EPA) approval of this SIP revision will allow future changes to the ESLs to 

be accomplished through the TCM substitution process. This conversion from a control measure 

to a TCM is consistent with the motor vehicle emissions budget (MVEB) submitted in the DFW 

1997 Eight-Hour Ozone Standard Attainment Demonstration SIP Revision (Project No. 2006-

013-SIP-NR). If conversion ofthe ESL to a TCM is approved by the EPA, the NCTCOG will be 

responsible for subsequently substituting another TCM in place of the ESL TCM. 

The ESL control measure was enacted in the April 2000 DFW One-Hour Ozone Attainment 

Demonstration SIP Revision (Project No. 1999-055-SIP-AI) as a state control measure, which 

was approved by the EPA in October 2005 (70 FR 58978). The measure included adopting speed 

limit reductions of 5 miles per hour (mph) on all roads in the DFW nine-county area (Dallas, 

Tarrant, Collin, Denton, Parker, Johnson, Ellis, Kaufman, and Rockwall Counties) with posted 

speeds of either 70 mph or 65 mph. 

As published in the June 9, 2000, issue of the Texas Register (25 TexReg 5686), the Texas 

Department of Transportation (TxDOT) revised speed limit regulations to allow speed limit 

changes for justified environmental reasons as requested by the TCEQ. Effective September I, 

200 I, TxDOT lowered all 70 mph and 65 mph speed limits by 5 mph in the DFW nine-county 

area. Texas Transportation Code, §545.353 gives the Texas Transportation Commission 

authorization to alter speed limits on the highway system in accordance with TxDOT's 

Procedures for Establishing Speed Zones, and Texas Transportation Code, §545.354 gives 

regional tollway authorities that same authorization for tollways maintained by regional tollway 

authorities. 

In 2003, the Texas Legislature, 78th Session, enacted House Bill (HB) 1365, amending 

Transportation Code, §545.353(j), to prohibit TxDOT from implementing speed limits for 

environmental purposes, effective June 22, 2003. The legislation did not remove or change any 

ESL already in force at the time. 

In 2008, the TCEQ began discussions with the NTTA and the NCTCOG to transfer the ESL 

control measure to a TCM. In addition, TCEQ staff also consulted with staff at TxDOT and EPA 

Region 6, who were generally supportive of the flexibility the action would provide the local 

transportation planners. TxDOT indicated that existing ESLs may be retained on the state 

highway system until such time as the TCEQ advises TxDOT in writing that the speed limit is 

unnecessary and a speed study performed for the area finds that the existing environmental speed 

zone is not reflective ofthe 85th percentile speed. 

ES-1 
SECTION V: LEGAL AUTHORITY 

A. General 

The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, 

maintain, and enforce the National Ambient Air Quality Standards (NAAQS) and to control the 

quality of the state's air, including maintaining adequate visibility. 

The first air pollution control act, known as the Clean Air Act of Texas, was passed by the Texas 

Legislature in 1965. In 1967, the Clean Air Act of Texas was superseded by a more 

comprehensive statute, the Texas Clean Air Act (TCAA), found in Article 4477-5, Vernon's 

Texas Civil Statutes. The legislature amended the TCAA in 1969, 1971, 1973, 1979, 1985, 1987, 

1989, 1991, 1993, 1995, 1997, 1999,2001,2003,2005,2007, and 2009. In 1989, the TCAA was 

codified as Chapter 382 of the Texas Health and Safety Code. 

Originally, the TCAA stated that the Texas Air Control Board (TACB) is the state air pollution 

control agency and is the principal authority in the state on matters relating to the quality of air 

resources. In 1991, the legislature abolished the TACB effective September I, 1993, and its 

powers, duties, responsibilities, and functions were transferred to the Texas Natural Resource 

Conservation Commission (TNRCC). With the creation of the TNRCC, the authority over air 

quality is found in both the Texas Water Code and the TCAA. Specifically, the authority of the 

TNRCC is found in Chapters 5 and 7. Chapter 5, Subchapters A- F, H- J, and L, include the 

geneml provisions, organization, and general powers and duties of the TNRCC, and the 

responsibilities and authority of the executive director. This chapter also authorizes the TNRCC 

to implement action when emergency conditions arise and to conduct hearings. Chapter 7 gives 

the TNRCC enforcement authority. In 2001, the 77th Texas Legislature continued the existence 

of the TNRCC until September I, 2013, and changed the name of the TNRCC to the Texas 

Commission on Environmental Quality (TCEQ). In 2009, the 81 st Texas Legislature, during a 

special session, amended section 5.014 of the Texas Water Code, changing the expiration date of 

the TCEQ to September I, 20 ll, unless continued in existence by the Texas Sunset Act. 

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in 

the state's air and to control the quality of the state's air by preparing and developing a geneml, 

comprehensive plan. The TCAA, Subchapters A - D, also authorize the TCEQ to collect 

information to enable the commission to develop an inventory of emissions; to conduct research 

and investigations; to enter property and examine records; to prescribe monitoring requirements; 

to institute enforcement proceedings; to enter into contracts and execute instruments; to formulate 

rules; to issue orders taking into considemtion factors bearing upon health, welfare, social and 

economic factors, and practicability and reasonableness; to conduct hearings; to establish air 

quality control regions; to encourage cooperation with citizens' groups and other agencies and 

political subdivisions of the state as well as with industries and the federal government; and to 

establish and operate a system of permits for construction or modification of facilities. 

Local government authority is found in Subchapter E of the TCAA. Local governments have the 

same power as the TCEQ to enter property and make inspections. They also may make 

recommendations to the commission concerning any action of the TCEQ that affects their 

territorial jurisdiction, may bring enforcement actions, and may execute cooperative agreements 

with the TCEQ or other local governments. In addition, a city or town may enact and enforce 

ordinances for the control and abatement of air pollution not inconsistent with the provisions of 

the TCAA and the rules or orders of the commission. 

Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and 

maintenance programs in certain areas of the state, consistent with the requirements of the 

Fedeml Clean Air Act; coordinate with federal, state, and local transportation planning agencies 
to develop and implement transportation programs and measures necessary to attain and maintain 

the NAAQS; establish gasoline volatility and low emission diesel standards; and fund and 

authorize participating counties to implement vehicle repair assistance, retrofit, and accelerated 

vehicle retirement programs. 

B. Ap,plicable Law 

The following statutes and rules provide necessruy authority to adopt and implement the state 

implementation plan (SIP). The rules listed below have previously been submitted as part of the 

SIP. 

Statutes 

All sections of each subchapter are included, unless otherwise noted. 

TEXAS HEALTH & SAFETY CODE, Chapter 382 

TEXAS WATER CODE 

Chapter 5: Texas Natural Resource Conservation Commission 

Subchapter A: General Provisions 

September I, 2009 

September 1, 2009 

Subchapter B: Organization of the Texas Natural Resource Conservation Commission 

Subchapter C: Texas Natural Resource Conservation Commission 

Subchapter D: General Powers and Duties of the Commission 

Subchapter E: Administrative Provisions for Commission 

Subchapter F: Executive Director (except §§5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and 

5.236) 

Subchapter H: Delegation of Hearings 

Subchapter I: Judicial Review 

Subchapter J: Consolidated Permit Processing 

Subchapter L: Emergency and Temporary Orders (§§5.514, 5.5145, and 5.515 only) 

Subchapter M: Environmental Permitting Procedures (§5.558 only) 

Chapter 7: Enforcement 

Subchapter A: General Provisions (§§7.001, 7.002, 7.0025, 7.004, and 7.005 only) 

Subchapter B: Corrective Action and Injunctive Relief (§7.032 only) 

Subchapter C: Administrative Penalties 

Subchapter D: Civil Penalties (except §7.109) 

SubchapterE: Criminal Offenses and Penalties: §§7.177, 7.179-7.183 

Rules 

All of the following rules are found in 30, Texas Administrative Code, as of the following latest 

effective dates: 

Chapter 7: Memoranda ofUnderstanding, §§7.110 and 7.119 

December 13, 1996 and May 2, 2002 

Chapter 19: Electronic Reporting 

Chapter 35: Subchapters A-C, K: Emergency and Temporary Orders and 

Permits; Temporruy Suspension or Amendment of Permit Conditions 

Chapter 39: Public Notice, §§39.201; 39.401; 39.403(a) and (bX8)-(10); 

39.405(f)(l) and (g); 39.409; 39.411 (a), (b)(l)-(6), and (8)-(10) and (cXI)-

(6) and (d); 39.413(9), (II), (12), and (14); 39.418(a) and (b)(3) and (4); 

ii 

July I 0, 2008 

July 20, 2006 
39.419(a), (b), (d), and (e); 39.420(a), (b) and (c)(3) and (4); 39.423 (a) and 

(b); 39.601-39.605 September 23, 1999 and June 24,2010 

Chapter 55: Requests for Reconsideration and Contested Case Hearings; 

Public Comment, §§55.1; 55.2l(a)- (d), (e)(2), (3), and (12), (f) and (g); 

55.101(a), (b), and (c)(6)- (8); 55.103; 55.150; 55.152(a)(l), (2), and (6) and 

(b); 55.154; 55.156; 55.200; 55.20l(a)- (h); 55.203; 55.205; 55.209, and 

55.211 

October 20, 1999, December 27,2001, August29, 2002, July 5, 2006, 

July I 0, 2008, and March 12, 2009 

Chapter 101: General Air Quality Rules June 24,2010 

Chapter 106: Permits by Rule, Subchapter A September 3, 2009 

Chapter Ill: Control of Air Pollution from Visible Emissions and Particulate 

Matter July 19,2006 

Chapter 112: Control of Air Pollution from Sulfur Compounds July 12, 2001 

Chapter 113: Standards ofPerformance for Hazardous Air Pollutants and for 

Designated Facilities and Pollutants May 14, 2009 

Chapter 114: Control of Air Pollution from Motor Vehicles March 21, 2010 

Chapter 115: Control of Air Pollution from Volatile Organic Compounds June 24,2010 

Chapter 116: Permits for New Construction or Modification June 24, 2010 

Chapter 117: Control of Air Pollution by Control of Air Pollution from 

Nitrogen Compounds February 4, 2010 

Chapter 118: Control of Air Pollution Episodes May 14, 2004 

Chapter 122: §122.122: Potential to Emit December II, 2002 

Chapter 122: § 122.215: Minor Permit Revisions June 3, 2001 

Chapter 122: § 122.216: Applications for Minor Permit Revisions June 3, 2001 

Chapter 122: § 122.217: Procedures for Minor Permit Revisions December II, 2002 

Chapter 122: §122.218 Minor Permit Revision Procedures for Permit 

Revisions Involving the Use of Economic Incentives, Marketable Permits, 

and Emissions Trading June 3, 200 I 

iii 
SECTION VI: CONTROL STRATEGY 

A. Introduction (No revision) 

B. Ozone (Revised) 

I. Dallas-Fort Worth (Revised) 

Chapter I: Background and Introduction (Revised) 

Chapter 2: Photochemical Modeling (No revision) 

Chapter 3: Corroborative Analysis (No revision) 

Chapter 4: Required Control Strategy Elements (Revised) 

2. Houston-Galveston-Brazoria (No revision) 

3. Beaumont-Port Arthur (No revision) 

4. El Paso (No revision) 

5. Regional Strategies (No revision) 

6. Northeast Texas (No revision) 

7. Austin Area (No revision) 

8. San Antonio Area (No revision) 

9. Victoria Area (No revision) 

C. Particulate Matter (No revision) 

D. Carbon Monoxide (No revision) 

E. Lead (No revision) 

F. Oxides of Nitrogen (No revision) 

G. Sulfur Dioxide (No revision) 

H. Conformity with the National Ambient Air Quality Standards (No revision) 

I. Site Specific (No revision) 

J. Mobile Sources Strategies (No revision) 

K. Clean Air Interstate Rule (No revision) 

L. Transport (No revision) 

M. Regional Haze (No revision 

IV 
LIST OF ACRONYMS 

DFW Dallas-Fort Worth 

EPA United States Environmental Protection Agency 

ESL Environmental Speed Limit 

HB House Bill 

mph miles per hour 

MVEB Motor Vehicle Emissions Budget 

NCTCOG North Central Texas Council of Governments 

NOx 

NTTA 

RACT 

RACM 

SIP 

TAC 

TACB 

TCAA 

TCEQ 

TCM 

TNRCC 

TxDOT 

usc 

voc 

Nitrogen Oxides 

North Texas Tollway Authority 

Reasonably Available Control Technology 

Reasonably Available Control Measure 

State Implementation Plan 

Texas Administrative Code 

Texas Air Control Board 

Texas Clean Air Act 

Texas Commission on Environmental Quality (commission) 

Transportation Control Measure 

Texas Natuml Resource Conservation Commission 

Texas Department of Transportation 

United States Code 

Volatile Organic Compounds 

v 
TABLE OF CONTENTS 

Executive Summary 

List of Acronyms 

Table of Contents 

Chapter I: Background and Introduction (Revised) 

1.1 General 

1.1.1 Background (Revised) 

1.1.2 Current SIP Revision (Revised) 

1.2 Health Effects (Revised) 

1.3 Public Comment (Revised) 

1.4 Social and Economic Considerations (Revised) 

1.5 Fiscal and Manpower Resources (No revision) 

Chapter 2: Photochemical Modeling (No revision) 

Chapter 3: Corroborative Analysis (No revision) 

Chapter 4: Required Control Strategy Elements 

4.1 Overview of Existing Control Strategies (No revision) 

4.2 NOx and VOC Control Measures (Revised) 

4.2.3.2 Transportation Control Measures Project (Addition) 

4.3 Reasonably Available Control Technology (RACT) Analysis (No revision) 

4.4 Reasonably Available Control Measures (RACM) Analysis (No revision) 

4.5 Motor Vehicle Emissions Budget (MVEB) (Revised) 

4.6 Contingency Measure (No revision) 

4.7 Environmental Speed Limit (ESL) Control Measure Conversion to a Transportation Control 

Measure (TCM) (Addition) 

vi 
CHAPTER 1: BACKGROUND AND INTRODUCTION 

1.1 GENERAL 

"The History of the Texas State Implementation Plan (SIP)," a comprehensive overview of the 

SIP revisions submitted to the United States Environmental Protection Agency (EPA) by the 

State of Texas may be viewed on the Texas Commission on Environmental Quality's (TCEQ) 

Web site, at: http://www.tceq.state.tx.us/implementation/air/sip/sipintro.htmi#Historv. 

1.1.1 Background 

As part of the development of the April 2000 Dallas-Fort Worth (DFW) One-Hour Ozone 

Standard Attairunent Demonstration SIP Revision (Project No. 1999-055-SIP-AI), the TCEQ 

consulted with the Texas Department of Transportation (TxDOT) in developing an environmental 

speed limit (ESL) control strategy for the DFW area. The one-hour attainment demonstration SIP 

revision included a control measure to reduce some roadway speed limits in the area. 

As part of the SIP development process, TxDOT revised regulations relating to speed limits to 

allow the TCEQ to submit a request to change speed limits for environmental reasons when 

justified. As published in a June 9, 2000, issue of the Texas Register (25 TexReg 5686), TxDOT 

revised speed limit regulations to allow speed limit changes for justified environmental reasons as 

requested by the TCEQ. 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). The slower speed 

limits were implemented on September I, 2001. 

In 2003, the Texas Legislature, 78th Session, enacted House Bill (HB) 1365, amending 

Transportation Code, §545.353(j), and prohibiting TxDOT from implementing speed limits for 

environmental purposes, effective June 22, 2003. The legislation did not remove or change any 

ESL already in force at the time. 

Discussions began in 2008 with the North Central Texas Council of Governments (NCTCOG) 

and the North Texas Tollway Authority (NTTA) to transfer the ESL control strategy to a 

transportation control measure (TCM). In addition, TCEQ staff also discussed the issue with staff 

at TxDOT and EPA Region 6, who were generally supportive of the flexibility the action would 

provide the local transportation planners. TxDOT indicated that existing ESLs may be retained 

on the state highway system until such time as the TCEQ advises TxDOT in writing that the 

speed limit is unnecessary and a speed study performed for the area finds that the existing 

environmental speed zone is not reflective of the 85th percentile speed. 

1.1.2 Current SIP Revision 

The NTTA, along with the NCTCOG, requested that the TCEQ convert an ESL control measure 

incorporated into the DFW one-hour ozone attainment demonstration SIP revision into a TCM. 

The NCTCOG is required to implement TCMs as part of a strategy to aid the area in attaining the 

ozone National Ambient Air Quality Standard (NAAQS). This conversion allows increased 

flexibility for local air quality planners to change ESLs in the area without the TCEQ having to 

revise the DFW SIP. This SIP revision allows future changes to ESLs to be accomplished 

through a Jess burdensome TCM substitution process. This conversion of ESLs to a TCM is 

consistent with the motor vehicle emissions budget (MVEB) submitted in the DFW 1997 EightHour Ozone Standard Attairunent Demonstration SIP Revision (Project No. 2006-013-SIP-NR). 

Conversion of the ESL to a TCM places responsibility for subsequently substituting another 

reduction measure in place of the ESL TCM on the NCTCOG. 

1-1 
1.2 HEALTH EFFECTS 

In 1997, the EPA revised the NAAQS for ozone from a one-hour to an eight-hour standard. To 

support the 1997 eight-hour ozone standard, the EPA provided infonnation indicating that health 

effects can occur at levels lower than the previous standard and at exposure times longer than one 

hour. High concentrations of one-hour ozone were not shown to correlate well with mortality. 

Exposure to ambient ozone can aggravate asthma in some people. Repeated exposures to ozone 

can make people more susceptible to respiratmy infection and lung inflammation and can 

aggravate preexisting respiratmy diseases, such as bronchitis and emphysema. 

Children are at a relatively higher risk from exposure to ozone when compared to adults, since 

they breathe more air per pound of body weight than adults and because children's respiratory 

systems are still developing. Children also spend a considerable amount of time outdoors during 

summer and during the start of the school year (August - October) when high ozone levels are 

typically recorded. Adults most at risk to ozone exposure are people working or exercising 

outdoors and individuals with preexisting respiratory diseases. 

1.3 PUBLIC COMMENT 

The commission offered a public hearing for the proposed SIP revision on May 24, 2010, at 10:00 

a.m. at the TCEQ Region 4 Office, located at 2309 Gravel Dr., Fort Worth, Texas. A question 

and answer session was held 30 minutes prior to the hearing. The hearing was not officially 

opened because no party indicated a desire to give comment. 

The public comment period opened April 30, 2010, and closed on June I, 2010. Written 

comments were accepted via mail, fax, and through the eComments system. One comment was 

received from the EPA in support of the revision. 

An electronic version of this SIP revision can be found on the TCEQ Web site at http://www. 

tceq.state.tx.us/irnplementation/air/sip/vic.htrnl. 

1.4 SOCIAL AND ECONOMIC CONSIDERATIONS 

There were no social or economic issues of concern attributable to this Dallas-Fort Worth 

Environmental Speed Limit Control Strategy Conversion to a Transportation Control Measure 

SIP Revision. 

1.5 FISCAL AND MANPOWER RESOURCES 

The state determined that its fiscal and manpower resources were adequate and would not be 

adversely affected through the implementation of this plan. 

1-2 
CHAPTER 2: PHOTOCHEMICAL MODELING 

(No revision) 

2-1 
CHAPTER3: CORROBORATIVE ANALYSIS 

(No revision) 

3-1 
CHAPTER 4: REQUIRED CONTROL STRATEGY ELEMENTS 

4.1 OVERVIEW OF EXISTING CONTROL STRATEGIES (NO REVISION) 

4.2 NOx AND VOC CONTROL MEASURES 

4.2.1 - 4.2.2 (No revision) 

4.2.3 Transportation Control Measures 

4.2.3 I Transportation Control Measures Project Descrintions <No revision) 

4.2.3.2 Transportation Control Measures Project (Addition) 

The North Texas Tollway Authority (NTIA), along with the North Central Texas Council of 

Governments (NCTCOG), requested that the Texas Commission on Environmental Quality 

(TCEQ) convert an environmental speed limit (ESL) control measure currently incorporated into 

the Dallas-Fort Worth (DFW) one-hour ozone attainment demonstration state implementation 

plan (SIP) revision to a transportation control measure (TCM). The NCTCOG is required to 

implement TCMs as part of a strategy to aid the area in attaining the ozone National Ambient Air 

Quality Standard (NAAQS). This SIP revision is limited to converting the environmental speed 

limit (ESL) control strategy to a TCM in the DFW SIP. Conversion of the ESL control measure 

to a TCM will not interfere with any TCM included in the DFW 1997 Eight-Hour Ozone 

Standard Attainment Demonstration SIP Revision (Project No. 2006-013-SIP-NR) but adds the 

measure as a TCM under the responsibility and maintenance of the NCTCOG. 

4.2.4- 4.4 (No revision) 

4.5 MOTOR VEIDCLE EMISSIONS BUDGET (MVEB) (REVISED) 

The MVEB refers to the maximum allowable emissions from on-road mobile sources for each 

applicable criteria pollutant or precursor as defined in the SIP. The budget must be used in 

transportation conformity analyses. Areas must demonstrate that the estimated emissions from 

transportation plans, programs, and projects do not exceed the MVEB. The attainment budget 

represents the on-road mobile source emissions that have been modeled for the attainment 

demonstration. The budget reflects all of the on-road control measures reflected in that 

demonstration. This conversion from a local measure to a TCM is consistent with the MVEB 

submitted for the DFW 1997 Eight-Hour Ozone Standard Attainment Demonstration SIP 

Revision (Project No. 2006-013-SIP-NR). 

4.6 (NO REVISION) 

4.7 ENVIRONMENTAL SPEED LIMIT (ESL) CONTROL MEASURE CONVERSION 

TO A TRANSPORTATION CONTROL MEASURE (TCM) 

Conversion of the ESL control measure to a TCM transfers the responsibility of maintaining 

emissions reductions currently associated with the DFW area ESL control measure to the 

NCTCOG. This SIP revision makes no change to the ESL control measure in the DFW SIP. 

This SIP revision, if approved by the EPA, will only convert the ESL control measure to a TCM, 

thereby transferring responsibility to the NCTCOG. Emissions reductions currently associated 

with the ESL control measure for the DFW area will be maintained as TCMs enacted by the 

NCTCOG. The NCTCOG is responsible for ensuring that alternative emission reduction 

measures are in place should changes to an ESL TCM be necessary. 

Conversion of the DFW area ESL control measure to a TCM allows increased flexibility for local 

air quality planners to change individual ESLs in the area without the TCEQ having to revise the 

DFW SIP. This SIP revision allows future changes to individual ESLs to be accomplished 

through a less burdensome TCM substitution process. 

4-1 
lHE STATE OF TEXAS 

COUNTY t)F TRAVIS 

TEXAS COMMISSION ON ENVIRONMENTA~";:!,;==::.:.. which is filed in tho ;:.emmnont roartlscfthaCuilllillllraL 

;<.>;Rfk Give!.u~my ,.no the sealcfolban 

~-~ ~~1 fo'h;t l SEP 0 8 7010 

----j ~@.f<Ml!'l'!!'li!. PM\...... .. QidY 

Texas CommissiOn on l!'iM!fiiiin'iiilil auamy 

ORDER ADOPTING A 

REVISION TO THE STATE IMPLEMENTATION PLAN (SIP) 

Docket No .. 20 I 0-0076-SIP 

On August 25, 2010, the Texas Commission on Environmental Quality (Commission), during a public 

meeting, considered adoption of a revision to the State Implementation Plan (SIP). The Commission adopts this 

revision to the SIP to convert an environmental speed limit (ESL) control measure, incorporated into the DallasFort Worth (DFW) one-hour ozone attainment demonstration, into a transportation control measure (TCM). The 

Commission adopted this revision to the DFW SIP to increase flexibility by allowing local air quality planners 

to change ESLs in the area without the commission having to revise the DFW SIP. Instead, future changes to 

the ESLs will be accomplished through the TCM substitution process, which involves the North Central Texas 

Council of Governments, TCEQ, the United States Environmental Protection Agency (EPA), and other 

transportation planning partners. Under Tex. Health & Safety Code Ann. §§ 382.oJ I, 382.012, and 382.023 

(Vernon 2008), the Commission has the authority to control the quality of the state's air and to issue orders 

consistent with the policies and purposes of the Texas Clean Air Act, Chapter 382 of the Tex. Health & Safety 

Code. Notice of a public hearing regarding the proposed revision to the SIP was published in the April 30, 

2010, issue of the Texas Register (35 TexReg 3539). 

Pursuant to 40 Code of Federal Regulations § 51.1 02 and after proper notice, the Commission 

conducted a public hearing to consider the revision to the SIP. Proper notice included prominent advertisement 

in the areas affected at least 3 0 days prior to the date of the hearing. The commission offered a public hearing 

for the proposed SIP revision on May 24, 20 I 0, at I 0:00 a.m. at the TCEQ Region 4 Office located at 2309 

Gravel Dr., Fort Worth, Texas. A question and answer session was held 30 minutes prior to the hearing. The 

hearing was not officially opened because no party indicated a desire to give comment. 

The Commission circulated hearing notices of its intended action to the public, including interested 

persons, the Regional Administrator of the EPA, and all applicable local air pollution control agencies. The 

public was invited to submit data, views, and recommendations on the proposed SIP revision, either orally or in 

writing, at the hearing or during the comment period. Prior to the scheduled hearing, copies of the proposed SIP 

revision were available for public inspection at the Commission's central office and on the Commission's Web 

site. 

Data, views, and recommendations of interested persons 'regarding the proposed SIP revision were 

submitted to the Commission during the comment period, and were considered by the Commission as reflected 

in the analysis of testimony incorporated by reference to this Order. The Commission finds that the analysis of 

testimony includes the names of all interested groups or associations offering comment on the proposed SIP 

revision and their position concerning the same. · 

IT IS THEREFORE ORDERED BY THE COMMISSION that the revision to the SIP incorporated by 

reference to this Order is hereby adopted. The adopted revision to the SIP is incorporated by reference in this 

Order as if set forth at length verbatim in this Order. 
IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Commission, the Chainnan 

should transmit a copy of this Order, together with the adopted revision to the SIP, to the Regional 

Administrator of EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act, codified at 

42 U.S. Code Ann.§§ 7401- 767\q, as amended. 

If any portion of this Order is for any reason held to be invalid by a court of competent jurisdiction, the 

invalidity of any portion shall not affect the validity of the remaining portions. 

Date issued: SEP 0 7 2010 TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY