### .. ··.**/0f~** Bryan W. Shaw, Ph.D., Chainnan c: ' 1: ',
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.**·~ ~~**  )t' 1 / Buddy Garcia, Commissioner 

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### ----~fr',~- Carlos Rubinstein, Commissioner

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### 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**6RA.~·--:** 

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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 ofthese SlP revisions.

# incerely~,J_j**~~**

# B~. Shaw, Ph.D. Chairman
BWS/js

Enclosures

cc: The Honorable Rick Perry, Governor ofTexas Mr. Toby Baker, Office of Budget, Planning and Policy, Office ofthe 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 QualityTexas 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 ofTestimony

o Staff Recommendations/Order

Additional copies ofthis 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 AgencyExample of Newspaper Classified Ad

Fort Worth Star-Telegram, April16, 2010Bryan 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 ofTexas Health 

### and Safety Code, §382,012 and §382.013; and 40 Code of Federal Regulations §51.102 ofthe 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. 

### Ifthis 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 ofregistration. 

### 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 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 con

struction 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 Build

ing E, Room 201S, at the Commission’s central of fice located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or writ

ten comments by interested persons. Registration will begin 30 min

utes 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 avail

able 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 communi

cation 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, Of

fice 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 pro

posed 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 con

duct 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 Fed

eral Regulations §51.102 of the United States Environmental Protec

tion Agency regulations concerning SIPs.
This SIP revision would convert environmental speed limit require

ments 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 with

out 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 substitu

tion 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 Of fices, 2309 Gravel Drive. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral state

ments 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 Con

trol 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/implementa

tion/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 pub

lic 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), §3 55.201(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 practi

tioners.
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 3539REVISION 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, 2010Dallas-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 ofthe 85th percentile speed.

ES-1Dallas-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 ofthe 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 

### ofthe 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 ofpermits 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, 2010Dallas-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 ofthe 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 ofthe following rules are found in 30, Texas Administrative Code,

as ofthe 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, 2007J 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 ofAir 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 ofAir Pollution from Nitrogen Compounds March 4, 2009
Chapter 118: Control ofAir 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, 2001Dallas-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 ivDallas-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

vDallas-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 ofthe Texas State Implementation Plan (SIP)," a comprehensive overview ofthe 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 ofTransportation (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 ofthe ESL to a TCM is accomplished, the NCTCOG would be responsible for subsequently substituting another reduction measure in place ofthe 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 1-2Dallas-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 ofthis 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 2-1Dallas-Fort Worth Environmental Speed Limit Conversion to a Transportation Control Measure SIP Revision



### CHAPTER 3 CORROBORATIVE ANALYSIS

(No revision)

DFWSIPRevision-Aprill4,2010 3-1Dallas-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 (NTTA), 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 

### 4-1Dallas-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 ofthe 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 AgencyUNITED 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 

### Guidancefor implementing the Clean Air Act Section 176(c)(8) Transportation Control Measure Substitution andAddition Provision (EPA-420-B-09-002, January 2009).

Reqcled/Recyclable • Prided with Vegetable 00 Based Inics on 100% Aecyded Paper (40% Postconsumer)

### We appreciate the collaboration that occurred between the TCEQ, the NCTCOG, and the Texas Department ofTransportation 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;) ,.--

# co~ 

# Nc..' 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, ChiefClerk 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 ofwhat 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 ofthe 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 ofthe 

### 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 staffhas 

### 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 ifthis 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, StaffAttorney, 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 SingletonRESPONSE 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 I0, 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 andAddition 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 RECOMMENDATIONSREVISION 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 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-1SECTION 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 ofthe 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 ofthe 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 agenciesto 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 I0, 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 ofAir 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 ofAir Pollution from Volatile Organic Compounds June 24,2010
Chapter 116: Permits for New Construction or Modification June 24, 2010
Chapter 117: Control ofAir Pollution by Control ofAir Pollution from Nitrogen Compounds February 4, 2010
Chapter 118: Control ofAir 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

iiiSECTION 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

IVLIST 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 ofGovernments 

### 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

vTABLE 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)

viCHAPTER 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 ofTransportation (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 ofthe 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 ofa 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 ofthe ESL TCM on the NCTCOG.

1-11.2 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 ofthe 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 ofthis 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 ofthe 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.

4-1lHE STATE OF TEXAS COUNTY t)F TRAVIS 

### TEXAS COMMISSION ON

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### ;<.>;Rfk**Give!.u~my** 

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.. QidY Texas CommissiOn onl!'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 30 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 ofthe 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 ofthe remaining portions.

Date issued: 

# SEP 07 2010 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY