Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47835 

International Business Reply Mail Service 

Money Orders 

Post Office Box Service 

Negotiated Service Agreements 

HSBC North America Holdings Inc. 

Negotiated Service Agreement 

Bookspan Negotiated Service Agreement 

Bank of America Corporation Negotiated 

Service Agreement 

The Bradford Group Negotiated Service 

Agreement 

1001 Market Dominant Product 

Descriptions 

Part B—Competitive Products—2000 

Competitive Product List 

Express Mail 

Express Mail 

Outbound International Expedited Services 

Inbound International Expedited Services 

Inbound International Expedited Services 1 

(CP2008–7) 

Priority Mail 

Priority Mail 

Outbound Priority Mail International 

Inbound Air Parcel Post 

Parcel Select 

Parcel Return Service 

International 

International Priority Airlift (IPA) 

International Surface Airlift (ISAL) 

International Direct Sacks—M-Bags 

Global Customized Shipping Services 

Inbound Surface Parcel Post (at non-UPU 

rates) 

International Money Transfer Service 

International Ancillary Services 

Special Services 

Premium Forwarding Service 

Negotiated Service Agreements 

Domestic 

Express Mail Contract 1 (MC2008–5) 

Outbound International 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5) 

Global Plus Contracts 

Global Plus 1 (CP2008–9 and CP2008–10) 

* * * * * 

[FR Doc. E8–18872 Filed 8–14–08; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–TX–0027; FRL–8704–

8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to Chapter 117 and 

Emission Inventories for the Dallas/ 

Fort Worth 8-Hour Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving 

portions of revisions to the State 

Implementation Plan (SIP) submitted by 

the State of Texas on May 13, 2005, to 

meet the 5% Increment of Progress (IOP) 

requirement for the Dallas/Fort Worth 

(DFW) nonattainment area. EPA is not 

taking action on the 5% IOP plan in this 

rulemaking. EPA is approving the 2002 

base year inventory for the DFW 8-hour 

ozone nonattainment area. EPA is also 

approving emissions reductions from 

energy efficiency measures 

implemented within the DFW 8-hour 

ozone nonattainment area, and revisions 

to 30 TAC, Chapter 117, Control of Air 

Pollution From Nitrogen Compounds, 

concerning stationary reciprocating 

internal combustion (IC) engines 

operating within the DFW 8-hour ozone 

nonattainment area. EPA is also 

approving into the SIP a federal consent 

decree and subsequent amendments 

thereto concerning the Alcoa Rockdale 

plant in Milam County. These actions 

result in emissions reductions in the 

DFW 8-hour ozone nonattainment area 

and are taken in accordance with 

section 110 and part D of the Clean Air 

Act (the Act) and EPA’s regulations. 

DATE: This final rule is effective on 

September 15, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket No. 

EPA–R06–OAR–2005–TX–0027. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal, which is part of 

the EPA record, is also available for 

public inspection at the State Air 

Agency listed below during official 

business hours by appointment: Texas 

Commission on Environmental Quality, 

Office of Air Quality, 12124 Park 35 

Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Paige, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–6521; fax number 

214–665–7263; e-mail address 

paige.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ means EPA. 

Outline 

I. Background 

II. What Action Is EPA Taking? 

III. What Comments Did EPA Receive on the 

August 22, 2006 Proposed Rulemaking 

for DFW? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

On August 22, 2006, EPA proposed 

approval of the 5% Increment of 

Progress (IOP) plan for the nine counties 

that comprise the DFW 8-hour ozone 

nonattainment area; the 2002 base year 

emissions inventory (EI); the 2007 motor 

vehicle emissions budget (MVEB); and 

related control measures, including a 

federal consent decree concerning an 

Alcoa plant in Rockdale, Milam County, 

dated April 9, 2003; energy efficiency 

measures implemented within the DFW 

8-hour ozone nonattainment area; and 

revisions to 30 TAC, Chapter 117, 

Control of Air Pollution From Nitrogen 

Compounds, concerning stationary 

reciprocating IC engines operating 

within the DFW 8-hour ozone 

nonattainment area. 

The August 22, 2006, proposal 

provides a detailed description of the 

revisions and the rationale for EPA’s 

proposed actions, together with a 

discussion of the opportunity to 

comment. The public comment period 

for these actions closed on September 

21, 2006. See the Technical Support 

Documents (TSDs) or our proposed 

rulemaking at 71 FR 48870 for more 

information. 

On December 22, 2006, the U.S. Court 

of Appeals for the District of Columbia 

Circuit issued a decision in response to 

challenges to EPA’s Phase 1 

Implementation Rule for the 8-hour 

Ozone Standard (Phase 1 Rule), granting 

challenges to certain provisions of the 

rule and denying other challenges (69 

FR 23951, April 30, 2004). South Coast 

Air Quality Mgmt. Dist. v. EPA, 472 F.3d 

882 (DC Cir. 2006). Because of this 

ruling, EPA decided to delay taking 


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47836 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 

action on the proposal. On June 8, 2007, 

in response to several petitions for 

rehearing, the DC Circuit clarified that 

the Phase 1 Rule was vacated only with 

regard to those parts of the rule that had 

been successfully challenged. Therefore, 

the Phase 1 Rule provisions placing 

certain areas solely under the planning 

requirements of subpart 1 of the Act and 

provisions waiving three 1-hour 

requirements from the anti-backsliding 

provisions of the Phase 1 Rule (69 FR 

23951) were vacated. Other provisions, 

which were not challenged or on which 

the Agency was upheld, remain in 

effect. These include the classification 

provisions for 8-hour nonattainment 

areas under subpart 2 of Title I; part D 

of the Act; the 8-hour attainment dates; 

the timing for emissions reductions 

needed for attainment of the 1997 8- 

hour ozone National Ambient Air 

Quality Standard (NAAQS or standard); 

and the provisions retaining certain 1- 

hour requirements as anti-backsliding 

measures. 

As a result of this ruling, all relevant 

requirements of the 5% IOP plan remain 

in effect and EPA anticipated finally 

taking action on its proposal. The June 

8, 2007, opinion clarifies that the Court 

did not vacate the Phase 1 Rule’s 

provisions specifying how areas with an 

outstanding 1-hour attainment 

demonstration obligation may meet that 

obligation. Just as EPA was preparing a 

final action, the DC Circuit issued an 

order in a second case, which impacted 

this proposal. 

On November 2, 2007, United States 

Court of Appeals for the District of 

Columbia entered an Order in the case 

of NRDC v. EPA, Nos. 06–1045, 06–1046 

and 06–1047 consolidated, which 

vacated and remanded to EPA a portion 

of the preamble to the Final Rule to 

Implement the 8-hour Ozone NAAQS—

Phase 2, 70 FR 71612, November 29, 

2005 (Phase 2 Rule). That portion of the 

Preamble set forth EPA’s longstanding 

policy that allowed Reasonable Further 

Progress (RFP) plans and attainment 

demonstrations credit for reductions in 

nitrogen oxides (NOX) and volatile 

organic compounds (VOCs) occurring 

outside the nonattainment areas. This 

ruling impacted EPA’s ability to take 

action on this proposal because, in 

reliance of this policy, Texas included 

in its DFW 5% IOP plan reductions 

from sources outside the nonattainment 

area. 

II. What Action Is EPA Taking? 

EPA is approving only portions of the 

August 22, 2006, proposal. We are 

approving the 2002 base year VOC and 

NOX emissions inventories. We find that 

the 2002 base year VOC and NOX EIs 

were developed in accordance with the 

Act and EPA’s regulations, and are 

consistent with EPA’s guidance. 

We are approving revisions to 30 

TAC, Chapter 117, Control of Air 

Pollution From Nitrogen Compounds, 

concerning stationary reciprocating IC 

engines operating within the DFW 8- 

hour ozone nonattainment area. We are 

also approving NOX emissions 

reductions of 0.72 tpd achieved by 

energy efficiency (EE) measures that 

occurred in the DFW nonattainment 

area in 2003. These reductions were 

achieved by power plants, as a result of 

EE measures implemented in new 

construction for single and multi-family 

residences. Therefore, we are approving 

these two measures into the Texas SIP 

because they will contribute to 

attainment of the 8-hour ozone NAAQS, 

and they meet EPA rules and are 

consistent with EPA guidance. 

We are also approving the April 9, 

2003, Alcoa federal consent decree and 

subsequent amendments thereto into the 

DFW SIP for establishing and making 

enforceable a 2.8 tpd reduction in NOX

emissions by shutting down one of the 

three boilers and replacing one of the 

two remaining boilers with a circulating 

fluidized bed (CFB) boiler before June 

15, 2007. These emissions reductions 

are outside of the DFW nonattainment 

area, and, as such, current EPA policy 

does not allow them to be included in 

the 5% IOP determination, but it does 

allow such emissions reductions to be 

used in an overall attainment plan. 

Because of changing circumstances 

since the proposal, EPA cannot finalize 

its approval of that portion of the 

proposal that demonstrates DFW has 

met its 5% IOP obligation. As a result, 

EPA is also not finalizing action on the 

VOC and NOX MVEBs portion of the 

proposal. It should be noted that we 

found the VOC and NOX MVEBs 

adequate on June 1, 2005 (70 FR 31441). 

In this final action, EPA is only 

approving those portions of the proposal 

described below. EPA has determined 

that it is important to approve the 

remaining portions of the proposal so 

that they become a federally enforceable 

part of the DFW SIP. 

We are taking action on the 

Reasonably Available Control 

Technology (RACT) for all major 

sources of VOCs in the DFW 1-hour 

ozone nonattainment area and 

emissions reductions projected for the 

Texas Emissions Reduction Plan (TERP) 

in a separate rulemaking. 

III. What Comments Did EPA Receive 

on the August 22, 2006 Proposed 

Rulemaking for DFW? 

We received one comment letter dated 

September 21, 2006, from Marc Chytilo 

on behalf of Blue Skies Alliance, 

Downwinders At Risk, Public Citizen/ 

Texas, and the Lone Star Chapter of the 

Sierra Club on the August 22, 2006, 

proposed rulemaking. This comment 

letter attached comments submitted to 

the State of Texas during the State’s 

comment period as additional 

comments to our proposed rulemaking. 

The letter expressed general 

disappointment in the efforts put forth 

by the Texas Commission on 

Environmental Quality (TCEQ) to 

improve air quality in the DFW area. In 

addition, the letter included adverse 

comments on numerous issues relevant 

to the proposed rulemaking, including 

certain control measures that Texas 

submitted for approval to assist in 

meeting the 5% IOP. 

Comment: The commenter states that 

the work done by Texas to achieve the 

1-hour ozone standard in the DFW area 

was inadequate and that the area 

remains years away from attaining 

either the 1-hour or 8-hour ozone 

standards. The DFW area should now be 

subject to a Federal Implementation 

Plan (FIP), outstanding Rate of Progress 

(ROP) requirements and a mid course 

review requirement. 

Response: As a result of numerous 

control measures implemented under 

the 1-hour ozone standard, the area’s 

1-hour ozone values have declined 

significantly in the past several years. 

The 2004–2006 1-hour design value for 

the DFW area is 124 parts per billion 

(ppb) and the preliminary 1-hour design 

value for 2005–2007 is also 124 ppb, 

which meets the 1-hour standard, 

although this standard was revoked in 

2005. As discussed above, EPA is not at 

this time making a finding with regard 

to the DFW 5% IOP obligation. Texas 

has submitted and EPA has approved 

the 1-hour ROP requirements for the 

DFW area under the 1-hour ozone 

standard (see the August 22, 2006 

rulemaking at 71 FR 48870). The area is 

subject to RFP requirements for the 8- 

hour ozone standard, which was 

submitted with the State’s 8-hour ozone 

attainment demonstration SIP, by June 

15, 2007. There is no mid-course review 

requirement at this time for either the 

1-hour or 8-hour ozone SIP. 

We agree that exposure to ozone 

pollution can affect public health. Even 

at very low levels, ground-level ozone 

triggers a variety of health problems 

including aggravated asthma, reduced 

lung capacity, and increased 


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Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47837 

1 ‘‘Guidance on 5% Increment of Progress’’ (40 

CFR 51.905(a)(1)(ii)), August 18, 2004; from Lydia 

Wegman, Director, OAQPS, to EPA Regional Air 

Directors. 

susceptibility to respiratory illnesses 

like pneumonia and bronchitis. It can 

also have detrimental effects on plants 

and ecosystems. Continued 

implementation of requirements under 

the Act should improve air quality and 

allow nonattainment areas, such as 

DFW, to attain the ozone standard and 

thereby reduce negative health effects. 

Comment: The commenter opposes 

use of the TERP within the 5% IOP, 

indicating that the TERP was approved 

into the SIP on November 14, 2001 (66 

FR 57160). 

Response: The concept of TERP as an 

economic incentive program was 

approved in the 2001 rulemaking, but 

we did not in that action approve a SIP 

credit methodology and therefore we 

did not approve any TERP emissions 

reductions as SIP credits. The emissions 

reduction credits requested by the State 

for today’s rulemaking were neither 

requested nor approved in the 2001 

rulemaking. As discussed above, EPA is 

not taking action on emissions 

reductions from the TERP in today’s 

action. 

Comment: The commenter opposes 

the inclusion of emissions reductions 

from Federal measures in the 2007 

emissions inventory. 

Response: Federal measures, which 

include growth, fleet turnover, and 

certain measures already in the EPAapproved SIP, along with the 

calculations, are used to establish a 

representative emissions inventory for 

2007. Because including these factors 

aids the formation of a representative 

inventory, EPA’s guidance on the 

development of emissions inventories 

encourages their inclusion. EPA issued 

a guidance memorandum on August 18, 

2004,1 that outlines the criteria for 5% 

IOP plans. This guidance instructs the 

State to develop a 2007 inventory, 

including growth, fleet turnover, and 

measures already in the EPA-approved 

SIP. The commenter incorrectly 

assumes that these factors help the State 

achieve the 5% IOP; in fact, they 

increase the difficulty. The factors 

included in developing the 2007 

inventory were not used toward the 5% 

increment of emissions reduction. In 

fact, the 2002 inventory provides the 

baseline emissions level for calculating 

reduction targets and the control 

strategies for achieving the required 

emissions reductions. The measures that 

assist the area in reaching the 5% 

reduction are new to the SIP, reduce 

emissions from area and mobile sources, 

and are clearly listed in the proposed 

rulemaking and the TSDs. This 

methodology is consistent with EPA’s 

past practices for 1-hour ozone SIPs, per 

sections 110(a)(2) and 172(c) of the Act. 

To repeat, we are not taking action on 

the overall 5% IOP in this rulemaking. 

Comment: The commenter mentioned 

a number of concerns regarding the 

creation of the 5% IOP and other 

concerns related to the 8-Hour Ozone 

Implementation Rule, such as: (1) The 

commenter believes that the fees as 

described in section 185 of the Act and 

other severe area requirements should 

apply to DFW; (2) the commenter states 

that EPA does not have the authority to 

revoke the 1-hour standard; and (3) the 

commenter believes that the 5% IOP 

allows areas to ‘‘backslide’’ by not 

requiring areas with outstanding 1-hour 

attainment demonstration obligations to 

submit either a 1-hour or 8-hour 

attainment demonstration SIP. 

Response: All of the concerns 

outlined above by the commenter were 

addressed in a separate final rule. For a 

detailed discussion on EPA’s rationale 

on the revocation of the 1-hour ozone 

standard and the transition from the 1- 

hour to the 8-hour standard as a way to 

ensure continued momentum in States’

efforts toward cleaner air, see our Phase 

1 Implementation Rule (69 FR 23951) 

and Final Rule regarding 

Implementation of the 8-Hour Ozone 

NAAQS—Phase 1: Reconsideration (70 

FR 30592). See also the discussion in 

Section I above. 

The concerns raised regarding the fees 

as described in section 185 of the Act do 

not apply to the DFW 1-hour 

nonattainment area since the area was 

classified as serious at the time of 

designation under the 8-hour standard. 

We also note that as a result of 

numerous control measures 

implemented under the 1-hour ozone 

standard, the area’s 1-hour ozone values 

have declined significantly in the past 

several years and currently meet the 

1-hour standard, although this standard 

was revoked in 2005. 

Comment: The commenter opposes 

the use of Alcoa emissions reductions, 

citing emissions reductions that were 

adopted into the SIP by direct final rule 

on October 26, 2000, and suggesting that 

the emissions reductions were counted 

twice. 

Response: The October 26, 2000 

rulemaking is found at 65 FR 64148. 

This rulemaking discusses the 2000 

Texas agreed order and the resulting 

30% emissions reductions that were 

required to be in place by December 31, 

2002. The maximum allowable NOX

emissions from Alcoa under this 2000 

Texas agreed order is 13,622.4 tons per 

year (tpy). Furthermore, no later than by 

December 31, 2002, each boiler must 

meet a NOX emissions limit of 1168.0 

pounds per hour and 5115.8 tpy. Those 

emissions reductions were relied on in 

the DFW 1-hour ozone nonattainment 

area attainment demonstration SIP 

because they were shown to contribute 

to attainment of that standard in DFW. 

The August 22, 2006, proposed 

rulemaking distinguishes the October 

26, 2000, rulemaking requirements from 

those in the 2003 Alcoa United States 

consent decree. The required emissions 

reductions and limits from the 2000 

Texas-agreed order were included in the 

2002 emissions inventory baseline. The 

proposed rulemaking and TSDs describe 

the additional reductions required by 

the 2003 United States consent decree. 

These emissions reductions are surplus 

to those approved in the October 26, 

2000, SIP. 

In response to this comment, we also 

refer back to Section I above, which 

discusses that EPA’s policy allowing 

credit in a RFP plan for reductions 

outside a nonattainment area has been 

remanded to EPA. We are approving the 

emissions reductions credit from the 

2003 Alcoa consent decree in the DFW 

area toward attainment. We are not 

using these reductions to achieve the 

5% IOP as a result of the remand 

discussed in Section I above. 

Comment: The commenter contends 

that RACT must be re-proposed and 

suggests the Reasonably Available 

Control Measures (RACM) analysis is 

deficient. 

Response: We agree with the 

comment concerning RACT, and EPA 

will take action on the RACT in a 

separate rulemaking (see 73 FR 40203, 

July 14, 2008). Additionally, the 5% IOP 

does not include a RACT requirement 

(40 CFR 51.905(a)(1)(ii)(B)). However, 

the SIP implementing the 8-hour 

standard for the DFW nonattainment 

area is required to assure that RACT is 

met (40 CFR 51.912(a)). For more 

information on the RACT requirement 

for the 8-hour standard, please see our 

Phase 2 Rule (70 FR 71612). 

A RACM analysis is not required 

under the 5% IOP SIP (40 CFR 

51.905(a)(1)(ii)(B)). Per 40 CFR 

51.905(a)(i), the area remains subject to 

the obligation to adopt and implement 

the applicable requirements as defined 

in 40 CFR 51.900(f), which do not 

include RACM; therefore, a RACM 

analysis was not submitted. A RACM 

analysis is required under the 8-hour 

ozone standard; for more information on 

the RACM requirement for the 8-hour 

standard, please see our Phase 2 Rule 

(70 FR 71612). 


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47838 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 

Comment: The commenter contends 

that the MVEBs are neither approvable 

nor adequate and that we cannot make 

a finding that the resulting emissions 

will not cause or contribute to 

exceedances and violations of the ozone 

standards. 

Response: Note that, per 40 CFR 

93.118, budgets cannot be used for 

conformity until EPA has either found 

the budgets ‘‘adequate’’ or approved the 

SIP in which they are contained (see the 

transportation conformity rule at 69 FR 

40003). The notice of adequacy 

determination for the MVEBs used in 

the DFW 5% IOP was published June 1, 

2005 at 70 FR 31441; no comments were 

received during the comment period for 

this announcement. As explained in 

Section II above, EPA will take no 

action on the VOC and NOX MVEBs in 

this rulemaking. 

It should be noted that the conformity 

regulations at 40 CFR 93.101 (see 

definitions of motor vehicle emissions 

budget and control strategy 

implementation plan) indicate that 

MVEBs are established by any SIP that 

provides for reasonable further progress 

milestones. The 5% IOP plan would 

establish an 8-hour MVEB because the 

goal of the IOP is to provide reasonable 

further progress toward attainment of 

the 8-hour ozone standard. States 

should establish the target level of VOC 

and NOX emissions that can occur in the 

area without affecting the area’s ability 

to meet the 5% IOP requirement. For 

more information on the establishment 

of the 5% IOP, please see our Phase 1 

Rule (69 FR 23951). 

Comment: The commenter contends 

that the SIP documents are overly 

complicated, and all elements of the SIP 

should be located in one place on the 

State Web site. 

Response: The State is required to 

make the submittal publicly accessible, 

and all information, per the TCEQ, is 

available at http://www.tnrcc.state.tx.us/ 

oprd/sips. The TCEQ acknowledged the 

complexity of Web sites and indicated 

they would, in the future, add the SIP 

proposal and related rules to the DFW 

SIP page or provide links to other pages. 

Comment: The commenter states that 

the timing and location of the public 

hearings undermined meaningful public 

participation and that doors were locked 

and people barred from the State’s 

public hearing on the draft 5% IOP. 

The commenter further asserts that 

these acts did not provide an adequate 

opportunity to review and comment on 

the emissions inventory. 

Response: We understand that the 

State was unaware that the doors were 

locked at the particular meeting in 

Arlington because there were at least 28 

people present at the hearing. The State 

has updated its policy regarding public 

meetings to ensure that doors will 

remain unlocked during public 

meetings. Although the doors were 

locked for a portion of this particular 

meeting, opportunities for the public to 

participate in the process remained. 

This public meeting was held on 

Monday, January 3, 2005, and written 

public comment was accepted until 5 

p.m. on January 6, 2005. In addition, 

two other public hearings were held—

in Austin on January 4, 2005 and 

Houston on January 5, 2005. Notices of 

the public meetings for the 5% IOP SIP 

revision were published in the Austin, 

Fort Worth, and Houston newspapers in 

late November, more than a month prior 

to the meetings. Notice was also 

published in the Texas Register on 

December 3, 2004, one month prior to 

the hearings. Finally, Texas accepted 

public comments at meetings in 

September and November 2004, and 

accepted written comments through 

January 6, 2005. The timing suggests 

there was ample opportunity to review 

and provide comments on the State 

submittal. 

IV. Final Action 

EPA is approving portions of 

revisions to the SIP submitted on May 

13, 2005, by the State of Texas for the 

DFW nonattainment area. We are 

approving the 2002 base year EI; 

emissions reductions from energy 

efficiency measures; an April 9, 2003, 

federal consent decree and subsequent 

amendments thereto concerning the 

Alcoa Rockdale plant in Milam County; 

and revisions to 30 TAC, Chapter 117, 

Control of Air Pollution From Nitrogen 

Compounds, concerning stationary 

reciprocating IC engines operating 

within the DFW 8-hour ozone 

nonattainment area and incorporating 

these revisions into the Texas SIP. 

These revisions are consistent with the 

requirements of the Act and EPA’s 

regulations, guidance and policy. We 

are approving these rules under section 

110 and part D of the Act and EPA’s 

regulations. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47839 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 14, 2008. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxides, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: August 7, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. Section 52.2270 is amended as 

follows: 

■ a. The table in paragraph (c) entitled, 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended under Chapter 

117 (Reg 7) as follows: 

■ 1. Under Subchapter B, by revising 

the entries for Sections 117.114, 

117.201, 117.203, 117.206, 117.213, and 

117.214; 

■ 2. Under Subchapter D, by revising 

the entry for Section 117.479. 

■ 3. Under Subchapter E, by revising the 

entry for Section 117.520. 

■ b. The table in paragraph (d) entitled 

‘‘EPA-Approved Texas Source-Specific 

Requirements’’ is amended by adding 

one new entry at the end. 

■ c. The second table in paragraph (e) 

entitled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding two new entries at the end. 

The revisions and additions read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

* * * * * * * 

Chapter 117 (Reg 7)—Control of Air Pollution from Nitrogen Compounds 

* * * * * * * 

Subchapter B—Combustion at Major Sources 

Division 1—Utility Electric Generation in Ozone Nonattainment Areas 

* * * * * * * 

Section 117.114 .................................. Emission Testing and Monitoring for 

the Houston-Galveston Attainment 

Demonstration.

04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].

* * * * * * * 

Division 3—Industrial, Commercial, and Institutional Combustion Sources in Ozone 

Section 117.201 .................................. Applicability ......................................... 04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].

Section 117.203 .................................. Exemptions ......................................... 04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].

* * * * * * * 

Section 117.206 .................................. Emission Specifications for Attainment Demonstrations.04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].

* * * * * * * 

Section 117.213 .................................. Continuous Demonstration of Compliance.04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].

Section 117.214 .................................. Emission Testing and Monitoring for 

the Houston-Galveston Attainment 

Demonstration.

04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].


sroberts on PROD1PC70 with PROPOSALS
47840 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

* * * * * * * 

Subchapter D—Small Combustion Sources 

* * * * * * * 

Division 2—Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources 

Section 117.479 .................................. Monitoring, Recordkeeping and Reporting Requirements.04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].

Subchapter E—Administrative Provisions 

* * * * * * * 

Section 117.520 .................................. Compliance Schedule for Industrial, 

Commercial and Institutional Combustion Sources in Ozone Nonattainment Areas.

04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].

* * * * * * * 

(d) * * * 

* * * * * 

EPA-APPROVED STATE SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit or Order No. State effective 

date EPA approval date Comments 

* * * * * * * 

Alcoa Inc, Rockdale, Milam County, 

Texas.

Permit Number 48437 ........................ 04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].

(e) * * * 

* * * * * 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or nonattainment area 

State 

submittal/ 

effective date 

EPA approval date Comments 

* * * * * * * 

2002 Emissions Inventory .................. Collin, Dallas, Denton, Ellis, Johnson, 

Kaufman, Parker, Rockwall and 

Tarrant Counties, TX.

04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].

Energy Efficiency Measures ............... Collin, Dallas, Denton, Ellis, Johnson, 

Kaufman, Parker, Rockwall and 

Tarrant Counties, TX.

04/27/05 08/15/2008 [Insert FR 

page number where 

document begins].

[FR Doc. E8–18835 Filed 8–14–08; 8:45 am] 

BILLING CODE 6560–50–P 


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Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47841 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–1065; FRL–8375–4] 

Forchlorfenuron; Permanent and TimeLimited Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

permanent tolerance for residues of 

forchlorfenuron in or on bushberry 

subgroup 13–07B requested by the IR-4 

Project Headquarters, 500 College Road 

East, Suite 201 W, Princeton, NJ 08540. 

Time-limited tolerances are also being 

established under this regulation in 

support of experimental use permit 

71049-EUP-4 for residues of 

forchlorfenuron in or on almond, 

cherry, fig, pear, pistachio, plum/prune 

requested by KIM-C1, LLC c/o Siemer 

and Associates, Inc. 135 W. Shaw, Suite 

102, Fresno, CA 93704. The timelimited tolerances expire on December 

31, 2011. IR-4 and KIM-C1, LLC 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

August 15, 2008. Objections and 

requests for hearings must be received 

on or before October 14, 2008, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established dockets 

for this action under docket 

identification (ID) numbers EPA–HQ–

OPP–2007–0627 and EPA–HQ–OPP–

2007–1065. To access the electronic 

docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305–

5805. 

FOR FURTHER INFORMATION CONTACT: 

Tawanda Maignan, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8050; e-mail address: 

maignan.tawanda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s pilot 

e-CFR site at http://www.gpoaccess.gov/ 

ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, any 

person may file an objection to any 

aspect of this regulation and may also 

request a hearing on those objections. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ–

OPP–2007–1065 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before October 14, 2008. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA–

HQ–OPP–2007–1065, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Petition for Tolerance 

In the Federal Register of October 24, 

2007 (72 FR 205) (FRL–8150–8) and of 

February 13, 2008 (73 FR 30) (FRL–

8351–5), EPA issued notices pursuant to 

section 408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 7E7228) by the IR4 Project Headquarters, 500 College 

Road East, Suite 201 W, Princeton, NJ 

08540 and pesticide petition (PP 

7F7246) by KIM-C1, LLC c/o Siemer and 


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