43 TAC §§25.20, 25.23, 25.24
The Texas Department of Transportation proposes amendments
to §25.20, concerning definitions, §25.23, concerning speed zone
studies, and §25.24, concerning speed zone approval.
EXPLANATION OF PROPOSED AMENDMENTS
Transportation Code, §203.002, authorizes the Texas Transportation
Commission to lay out, maintain, construct, and operate a modern state highway
system.
Transportation Code, §545.353, authorizes the Texas Transportation
Commission to determine a reasonable and safe prima facie speed limit for
portions of the designated state highway system. Section 545.353 also requires
the Texas Transportation Commission to adopt procedures that will be used
to determine speed limits on the state highway system.
Pursuant to these statutory powers, the commission determines that a prima
facie speed limit may be determined to be unreasonable if lowering that limit
will contribute to the protection of the public health or help prevent the
imposition of sanctions or restrictions on the use of federal transportation
funds. The department, therefore, is modifying the existing rules for establishing
speed zones. The amendments will allow speed reductions on the state highway
system in order to assist areas in achieving and maintaining federal air quality
standards. These speed restrictions are referred to as environmental speed
limits (ESL) in the proposed revision.
The federal Clean Air Act and subsequent amendments require areas to meet
federal National Ambient Air Quality Standards (NAAQS) determined to provide
an adequate margin of safety to protect the public health. These standards
limit the amount of certain pollutants that cause or contribute to air pollution
that an area may have present in the atmosphere in that region (such as sulfur
oxides, particulate matter, particulate matter
10
, carbon monoxide, nitrogen oxides, and lead). Failure to meet these specified
air quality standards may result in an area being designated as "nonattainment."
Texas currently has four areas in nonattainment for air quality: Houston-Galveston,
Dallas-Fort Worth, Beaumont-Port Arthur, and El Paso. Federal regulations
require each nonattainment area to have an approved air quality plan (referred
to as the State Implementation Plan) for attaining and maintaining the NAAQS.
Nonattainment areas are also required to meet transportation conformity requirements,
which ensure that on-road vehicular emissions do not exceed levels that will
allow areas to attain and maintain the NAAQS. Failure of a nonattainment area
to have an approved SIP or demonstrate transportation conformity can result
in the imposition of federal sanctions or restrictions for the area in regards
to the design, construction, maintenance, and operation of transportation
facilities.
The department is amending the existing rules regarding the establishment
of speed zones on portions of the state highway system. These revisions will
allow reductions in the existing regulatory speed limit on portions of the
state highway system for previously mentioned environmental considerations.
A reduction in vehicle speeds can help reduce the production and presence
of ground level ozone. Currently, the Dallas-Fort Worth and Houston areas
have proposed future reductions in speed limits as part of their State Implementation
Plans (SIP) for air quality.
The rules also allow the Texas Natural Resource Conservation Commission
(TNRCC) to request such speed reductions for areas as necessary to attain
or maintain the NAAQS or meet transportation conformity requirements. Transportation
conformity refers to the demonstration that a nonattainment area must make
under federal regulation that emissions from on-road mobile sources (such
as motor vehicles) and transportation projects conform to the area's air quality
plan.
Under these amendments, the department will accept and evaluate requests
from the TNRCC for reductions in existing speed limits on the state highway
system. Reductions of up to 15 miles per hour of existing regulatory speeds
will be considered for controlled access and non-controlled access roadways
for environmental considerations. The minimum speed limit possible under this
amendment for a controlled access roadway will be 55 miles per hour and 45
miles per hour for a non-controlled access roadway.
Such a speed reduction will be part of the TNRCC's SIP for air quality
or an area's transportation conformity demonstration. The TNRCC will make
such a request to the Texas Transportation Commission through the department's
Traffic Operations Division. The commission will then make the final determination
for approval or denial of the request. Upon approval of an ESL, the department
will be responsible for all costs associated with the removal of all existing
signs and installation and maintenance of the new speed limit signs on the
state highway system.
The amendments to §25.20 add new terms used in the amended sections
such as "TNRCC," "NAAQS," "nonattainment area counties or area," "State Implementation
Plan," "control measure," "transportation conformity," and "emissions reduction
measure."
Section 25.23 is amended by adding new subsection (f) to allow the creation
of environmental speed limits (ESL). This section also describes the process
by which the TNRCC may request an ESL from the department for a portion of
the designated state highway system.
Under new subsection (f), TNRCC will be responsible for all studies necessary
for the creation of an ESL. Any proposed ESL will have to be part of the TNRCC's
environmental/air quality study and modeling considerations. A proposed ESL
must be either contained in the area's SIP as a control measure, or requested
as an emissions reduction measure used to attain or maintain the NAAQS or
fulfill transportation conformity requirements. The TNRCC is further responsible
for including a description of all locations for proposed ESL on the state
highway system. Since the TNRCC is the state agency responsible for developing
a State Implementation Plan for air quality, the department believes it is
appropriate for the TNRCC to develop all supporting documentation related
to a proposed ESL. This subsection also requires the TNRCC to notify the commission,
through the Traffic Operations Division, when an ESL is no longer necessary
to attain or maintain the NAAQS or fulfill transportation conformity requirements.
The amendments to §25.23 also provide the maximum allowable speed
reductions that will be considered for the state highway system as part of
a proposed ESL. The minimum allowable speed limit under this amendment as
part of an ESL is 45 miles per hour on a non-controlled access highway and
55 miles per hour on a controlled access highway. These restrictions will
ensure that any ESL enacted on the state highway system falls within a reasonable
minimum speed limit.
Section 25.24 (b) is amended by adding new paragraph (8)(A) describing
the process the department will use to evaluate an ESL. The amendment requires
that an ESL may only be submitted by the TNRCC to the Texas Transportation
Commission through the department's Traffic Operations Division. This amended
section further states that if such a proposal is not in accordance with the
criteria outlined in §25.23(f), the department will reject the request.
The Traffic Operations Division will evaluate the proposal for initial compliance
with the criteria described in §25.23(f). The Texas Transportation Commission
will make the final decision on approval or rejection of the proposed ESL.
These provisions are included to ensure that any proposed ESL is developed
by the authorized state agency responsible for air quality and that such a
speed reduction is designed to improve regional air quality. New paragraph
(8)(B) states that upon approval of an ESL, the department will install all
signs related to the new speed limit. This paragraph also specifies that cities
will not be required to establish ESL by city ordinance or resolution. ESL
will be established solely by commission minute order under the commission's
existing statutory authority to establish and alter speed limits on any portion
of the designated state highway system.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for the first
five-year period the amendments are in effect, there will be fiscal implications
for state and local governments as a result of enforcing or administering
the proposed amendments. There may be economic costs for persons required
to comply with the amendments as proposed.
The department will be required to remove existing speed limit signs and
erect new speed limit signs on the state highway system for areas in which
environmental speed limits are enacted. The total cost for these new signs
cannot be determined until proposed speed limit reductions are placed into
effect.
TNRCC will incur additional costs in developing the requests for speed
limit reductions for environmental considerations that will be submitted to
the department as called for in the proposed amendment. The department believes
it will be possible for TNRCC to develop these requests with existing personnel
and that these costs will not be significant.
The revisions may result in large-scale reductions in speed limits on all
highways of the state highway system in areas where an environmental speed
limit is requested. This may result in increased travel times in the affected
areas for members of the traveling public.
Dianna F. Noble, P.E., Director, Environmental Affairs Division, has certified
that there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the amendment.
PUBLIC BENEFIT
Ms. Noble has also determined that for each year of the first five years
the amended sections are in effect, the public benefit anticipated as a result
of enforcing or administering the amendments may be a reduction in the level
of air pollution, thereby improving public health. There is also an anticipated
benefit resulting from assistance provided to areas in Texas that are in nonattainment
for federal air quality standards in producing an acceptable State Implementation
Plan, thereby preventing the imposition of sanctions or restrictions on the
use of federal transportation funds, and allowing areas in nonattainment for
federal air quality standards to continue developing approved transportation
projects. There will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Carlos
A. Lopez, P.E., Director, Traffic Operations Division, 125 East 11th Street,
Austin, Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m.
on April 10, 2000.
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation;
Transportation Code, §203.002, which authorizes the Texas Transportation
Commission to lay out, maintain, construct, and operate a modern state highway
system; and more specifically, Transportation Code §545.353, which authorizes
the Texas Transportation Commission to adopt procedures that will be used
to determine speed limits on the state highway system.
No other statutes, articles, or codes are affected by the proposed amendments.
§25.20.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Commission - The Texas Transportation Commission.
(2)
Control measure - Any measure that
is specifically identified and committed to in the applicable state implementation
plan.
(3)
[
(2)
] District - One of the
25 geographical areas managed by a district engineer, in which the department
conducts its primary work activities.
(4)
Emissions reduction measure - A measure
designed to reduce emissions from on-road vehicles.
(5)
[
(3)
] Farm-to-Market (FM) or
Ranch-to-Market (RM) road - A road shown in the records of the commission
to be a farm-to-market or ranch-to-market road.
(6)
[
(4)
] May - A permissive condition.
(7)
National Ambient Air Quality Standards
(NAAQS) - Federal air quality standards established by the Environmental Protection
Agency (EPA) to protect public health and welfare. NAAQS have been established
for ozone, carbon monoxide, sulfur dioxide, nitrogen dioxide, particulate
matter, and lead.
(8)
Nonattainment counties or area -
A county or counties in an air quality control region (area) for which any
pollutant exceeds the National Ambient Air Quality Standards (NAAQS) for the
pollutant as designated pursuant to 42 USC §7407.
(9)
[
(5)
] Shall - A mandatory condition.
(10)
[
(6)
] Should - Advisable but
not mandatory; however, any reason for not following the instruction shall
be supported by sound engineering judgment.
(11)
State Implementation Plan (SIP)
- The plan prepared by the Texas Natural Resources Conservation Commission
as required by 42 USC §7410 to attain and maintain air quality standards.
An approved SIP is the implementation plan, or most recent revision of this
plan, which has been approved or promulgated by the Environmental Protection
Agency.
(12)
[
(7)
] Texas Manual on Uniform
Traffic Control Devices (TMUTCD) - The manual, and any revisions, adopted
by the commission as required under Transportation Code, §544.001.
(13)
[
(8)
] Texas Turnpike Authority
(TTA) - The Texas Turnpike Authority Division of the Texas Department of Transportation.
(14)
TNRCC - The Texas Natural Resource
Conservation Commission is the state air pollution control agency and is the
principal authority in the state of Texas on matters relating to the quality
of the state's air resources.
(15)
[
(9)
] Traffic Engineering
Section (TE) - A section in the Traffic Operations Division whose primary
responsibility relates to traffic engineering.
(16)
[
(10)
] Traffic Operations
Division (TRF) - The division within the Texas Department of Transportation,
headquartered in Austin, whose primary responsibility relates to traffic operations.
(17)
Transportation conformity - A requirement
for §176(c) of the Federal Clean Air Act. EPA's transportation conformity
rule (40 CFR Parts 51 and 93) and the Texas transportation conformity rule
(30 TAC §114.260) contain the detailed requirements. Transportation conformity
requires nonattainment and maintenance areas to demonstrate that estimated
on-road mobile source emissions from metropolitan transportation plans (MTPs),
transportation improvement programs (TIPs) and transportation projects conform
to the purpose of the SIP, meaning that they will not cause or contribute
to violations of air quality standards or delay timely attainment.
§25.23.Speed Zone Studies.
(a)
Overview.
(1)
Engineering and traffic investigation.
(A)
This section
includes a description of
[
describes
] how to conduct an engineering and traffic investigation as
the basis for establishing a regulatory speed zone along a roadway. This investigation
is commonly called a speed zone study.
(B)
Sound and generally accepted engineering practices are
an integral part of speed zone studies and are discussed in subsection (d)
of this section.
(2)
(No change.)
(b)-(e)
(No change.)
(f)
Environmental speed limits.
(1)
Environmental speed zone study. TNRCC
is responsible for making the study of proposed environmental speed limits
and their locations based on TNRCC environmental/air quality studies and modeling
considerations. Since reduced speeds can have a positive effect on air quality,
environmental speed limits (ESLs) may be implemented on roadways for which
an environmental/air quality study demonstrates that the ESL will measurably
contribute to attaining or maintaining the National Ambient Air Quality Standards
(NAAQS), meeting SIP requirements, or fulfilling transportation conformity
requirements.
(2)
Scope and details of an environmental
speed zone study. The environmental speed zone study shall describe all the
proposed highways and the proposed locations of each environmental speed limit
(ESL). A written description shall define where each different ESL begins
and ends as well as the individual proposed speed. An ESL is a reduced regulatory
speed limit identified as a control measure in a SIP or as an emission reduction
measure designed to attain and maintain the NAAQS or fulfill transportation
conformity requirements. An ESL may be implemented on roadways if an environmental/air
quality study indicates that reduced speed limits can measurably contribute
to attaining or maintaining the NAAQS or to fulfilling transportation conformity
requirements. On controlled access roadways, an ESL may be set 5, 10, or 15
m.p.h. below existing regulatory speeds, except that no ESL may be less than
55 m.p.h. On non-controlled access roadways, an ESL may be set at 5, 10, or
15 m.p.h. below existing regulatory speeds, except that no ESL may be less
than 45 m.p.h. In the event that the TNRCC determines that an ESL is no longer
necessary to attain or maintain the NAAQS or fulfill transportation conformity
requirements, the TNRCC will notify the commission, through the Traffic Operations
Division, that the ESL is no longer necessary. The term "existing regulatory
speeds" as mentioned in this paragraph only applies to speed limits established
under a speed zone study that used the 85th percentile speeds to establish
the speed zone.
§25.24.Speed Zone Approval.
(a)
(No change.)
(b)
Approval process.
(1)-(7)
(No change.)
(8)
Environmental speed limits (ESL).
(A)
All requests for an ESL must come from
TNRCC. TNRCC shall submit all such requests for an ESL on the state highway
system to the commission through the Traffic Operations Division. If the requested
ESL is not found to be in accordance with §25.23(f) of this title (relating
to Speed Zone Studies), the Traffic Operations Division will reject the request.
If the ESL is found to be in accordance with §25.23(f) of this title,
the commission will evaluate the requested ESL, giving due consideration to
the request and the circumstances, and will approve or reject the request.
The Traffic Operations Division will notify TNRCC of the approval or rejection.
(B)
Upon approval by the commission, the department
will begin installing the necessary speed limit signs as soon as practical.
Cities will not be required to establish ESL by city ordinance or resolution.
The ESL will be established by commission minute order. The commission's authority
to alter speed limits, within the limits of §25.23(f) of this title,
applies to any ESL and to any part of a highway officially designated or marked
by the commission as part of the state highway system. This applies both inside
and outside the limits of a municipality, including a home-rule municipality,
for all highways on the state highway system.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on February 28, 2000.
TRD-200001477
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: April 9, 2000
For further information, please call: (512) 463-8630