[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Proposed Rules]
[Pages 16217-16220]
[FR Doc No: 2019-07597]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0248; Airspace Docket No. 18-AEA-8]
RIN 2120-AA66

Proposed Amendment of Area Navigation (RNAV) Routes T-287, T-291,
and T-295; Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify low altitude RNAV routes T-287,
T-291, and T-295 in the eastern United States. The proposal would
expand the availability of RNAV routing in support of transitioning the
National

Airspace System (NAS) from ground-based to satellite-based navigation.

DATES: Comments must be received on or before June 3, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-
2019-0248; Airspace Docket No. 18-AEA-8 at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would expand the availability of RNAV in the eastern
United States and improve the efficiency of the NAS by lessening the
dependency on ground-based navigation.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2019-0248; Airspace Docket No. 18-AEA-8 and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2019-0248; Airspace Docket No. 18-AEA-8''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA
30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018 and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.11C
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to amend RNAV routes T-287, T-291, and T-
295. The proposed route changes are described below.
    T-287: T-287 currently extends between the DENNN, VA, waypoint
(WP), (located northwest of the Gordonsville, (GVE) VA, VORTAC), and
the TOMYD, MD, WP (located northwest of the Westminster, MD, VORTAC).
The proposed change would extend the route eastward from the TOMYD, MD,
WP to the WNSTN, NJ, WP (near the Sea Isle, NJ, VORTAC). The following
points would be added between the TOMYD, MD, WP and the WNSTN, NJ, WP:
MOYRR, MD, WP; DANII, MD, WP; OBWON, MD, WP; VYSOR, MD, WP; AGARD, MD,
Fix; SPEAK, MD, Fix; CANNY, DE, Fix; and the DONIL, DE, Fix.
    T-291: T-291 currently extends between the LOUIE, MD, Fix and the
Albany, NY (ALB), VORTAC. The proposed change would shift the southern
end of the route approximately 75 NM south of the LOUIE, MD, Fix to
begin at the Harcum, VA (HCM), VORTAC. Additional points would be added
along the routes as follows. The following points would be inserted
between the Harcum, VA, VORTAC and the LOUIE, MD, Fix: MODEL, VA, Fix;
FAGED, VA, Fix; COLIN, VA, Fix; and SHLBK, MD, WP. The GRACO, MD, Fix
and the VYSOR, MD, WP would be inserted between the LOUIE, MD, Fix and
the BAABS, MD, WP. The MORTO, PA, Fix would be inserted between the
Harrisburg, PA (HAR), VORTAC, and the Selinsgrove, PA (SEG), VOR/DME.
The OAKIL, NY, Fix would be inserted between the Delancey, NY (DNY),
VOR/DME and the Albany, NY (ALB), VORTAC.
    T-295: T-295 currently extends between the LOUIE, MD, Fix and the
Bangor, ME (BGR), VORTAC. The southern end of the route would be

extended further south to begin at the POORK, VA, WP (southeast of the
Lawrenceville, VA (LVL), VORTAC). The following points would be
inserted between the POORK, VA, WP, and the LOUIE, MD, Fix: KREGG, VA,
WP; HOUKY, VA, WP; TAPPA, VA, Fix; COLIN, VA, Fix; and SHLBK, MD, WP.
The GRACO, MD, Fix and the VYSOR, MD, WP would be inserted between the
LOUIE, MD, Fix and the BAABS, MD, WP. The following points would be
inserted between the Lancaster, PA (LRP), VOR/DME, and the Wilkes-
Barre, PA (LVZ), VORTAC: DUMMR, PA, Fix; HAILS, PA, Fix; SNOWY, PA,
Fix; KRAZE, PA, Fix; and the LYTEL, PA, Fix. The KERRI, NY, fix, and
the PRNCE, NY, Fix would be inserted between the LAAYK, PA, Fix and the
SAGES, NY, Fix. The following points would be inserted between the
SAGES, NY, Fix and the SASHA, MA, Fix: TALCO, NY, Fix; WIGAN, NY Fix;
BOWAN, NY, Fix; and the MOBBS, MA, Fix. The following points would be
inserted between the SASHA, MA, Fix and the Keene, NH (EEN), VORTAC:
MOLDs, MA, Fix; WHATE, MA, Fix; and the WARIC, MA, Fix. The TAPSE, NH,
Fix would be inserted between the Keene, NH (EEN), VORTAC and the
Concord, NH (CON), VOR/DME. The SATAN, ME, Fix would be inserted
between the Concord, NH, VOR/DME and the Kennebunk, ME (ENE), VOR/DME.
The RAZZR, ME, Fix would be inserted between the BRNNS, ME Fix, and the
Bangor, ME (BGR), VORTAC.
    The existing latitude/longitude coordinates in the descriptions of
T-287, T-291, and T-295 would be adjusted to the hundredths of a second
place to provide greater accuracy for RNAV navigation.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order 7400.11C, dated August 13, 2018, and effective
September 15, 2018, which is incorporated by reference in 14 CFR 71.1.
The RNAV routes listed in this document would be subsequently published
in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6011 United States Area Navigation Routes

* * * * *

T-287 DENNN, VA to WNSTN, NJ [Amended]

DENNN, VA                                    WP                          (Lat. 38[deg]05'05.90'' N, long. 078[deg]12'27.54'' W)
CAARY, VA                                    WP                          (Lat. 38[deg]19'39.69'' N, long. 078[deg]23'37.11'' W)
WILMY, VA                                    WP                          (Lat. 38[deg]32'29.59'' N, long. 078[deg]33'32.00'' W)
KAIJE, VA                                    WP                          (Lat. 38[deg]44'34.79'' N, long. 078[deg]42'48.47'' W)
BAMMY, WV                                    WP                          (Lat. 39[deg]24'33.13'' N, long. 078[deg]25'45.64'' W)
REEES, PA                                    WP                          (Lat. 39[deg]47'51.75'' N, long. 077[deg]45'56.31'' W)
TOMYD, MD                                    WP                          (Lat. 39[deg]40'52.20'' N, long. 077[deg]08'26.42'' W)
MOYRR, MD                                    WP                          (Lat. 39[deg]30'03.42'' N, long. 076[deg]56'10.84'' W)
DANII, MD                                    WP                          (Lat. 39[deg]17.46.42'' N, long. 076[deg]42'19.36'' W)
OBWON, MD                                    WP                          (Lat. 39[deg]11'54.69'' N, long. 076[deg]32'04.84'' W)
VYSOR, MD                                    WP                          (Lat. 39[deg]02'03.86'' N long. 076[deg]14'59.88'' W)
AGARD, MD                                    Fix                         (Lat. 39[deg]02'36.89'' N, long. 076[deg]04'11.14'' W)
SPEAK, MD                                    Fix                         (Lat. 39[deg]03'29.31'' N, long. 075[deg]44'45.94'' W)
CANNY, DE                                    Fix                         (Lat. 39[deg]03'39.92'' N long. 075[deg]40'40.65'' W)
DONIL, DE                                    Fix                         (Lat. 39[deg]04'35.44'' N long. 075[deg]18'18.92'' W)
WNSTN, NJ                                    WP                          (Lat. 39[deg]05'43.81'' N long. 074[deg]48'01.20'' W)

T-291 Harcum, VA (HCM) to Albany, NY (ALB) [Amended]

Harcum, VA (HCM)                             VORTAC                      (Lat. 37[deg]26'55.18'' N, long. 076[deg]42'40.87'' W)
MODEL, VA                                    Fix                         (Lat. 37[deg]44'01.71'' N, long. 076[deg]41'26.85'' W)
FAGED, VA                                    Fix                         (Lat. 37[deg]51'07.69'' N, long. 076[deg]40'55.91'' W)
COLIN, VA                                    Fix                         (Lat. 38[deg]05'59.23'' N, long. 076[deg]39'50.85'' W)
SHLBK, MD                                    WP                          (Lat. 38[deg]20'16.21'' N, long. 076[deg]26'10.51'' W)
LOUIE, MD                                    Fix                         (Lat. 38[deg]36'44.33'' N, long. 076[deg]18'04.37'' W)
GRACO, MD                                    Fix                         (Lat. 38[deg]56'29.81'' N, long. 076[deg]11'59.22'' W)
VYSOR, MD                                    WP                          (Lat. 39[deg]02'03.86'' N, long. 076[deg]14'59.88'' W)
BAABS, MD                                    WP                          (Lat. 39[deg]19'51.39'' N, long. 076[deg]24'40.87'' W)
Harrisburg, PA (HAR)                         VORTAC                      (Lat. 40[deg]18'08.06'' N, long. 077[deg]04'10.41'' W)
MORTO, PA                                    Fix                         (Lat. 40[deg]35'48.70'' N, long. 076[deg]57'28.92'' W)
Selinsgrove, PA (SEG)                        VORTAC                      (Lat. 40[deg]47'27.09'' N, long. 076[deg]53'02.55'' W)
Milton, PA (MIP)                             VORTAC                      (Lat. 41[deg]01'24.21'' N, long. 076[deg]39'55.04'' W)
MEGSS, PA                                    Fix                         (Lat. 41[deg]11'13.28'' N, long. 076[deg]12'41.02'' W)
LAAYK, PA                                    Fix                         (Lat. 41[deg]28'32.64'' N, long. 075[deg]28'57.31'' W)

Delancey, NY (DNY)                           VOR/DME                     (Lat. 42[deg]10'41.81'' N, long. 074[deg]57'24.99'' W)
OAKIL, NY                                    Fix                         (Lat. 42[deg]26'26.98'' N, long. 074[deg]25'48.33'' W)
Albany, NY (ALB)                             VORTAC                      (Lat. 42[deg]44'50.21'' N, long. 073[deg]48'11.47'' W)

T-295 POORK, VA to Bangor, ME (BGR) [Amended]

POORK, VA                                    ..........................  (Lat. 36[deg]34'11.34'' N, long. 077[deg]35'21.39'' W)
KREGG, VA                                    WP                          (Lat. 36[deg]51'07.95'' N, long. 077[deg]25'17.57'' W)
HOUKY, VA                                    WP                          (Lat. 37[deg]19'55.98'' N, long. 077[deg]07'57.63'' W)
TAPPA, VA                                    Fix                         (Lat. 37[deg]58'12.66'' N, long. 076[deg]50'40.62'' W)
COLIN, VA                                    Fix                         (Lat. 38[deg]05'59.23'' N, long. 076[deg]39'50.85'' W)
SHLBK, MD                                    WP                          (Lat. 38[deg]20'16.21'' N, long. 076[deg]26'10.51'' W)
LOUIE, MD                                    Fix                         (Lat. 38[deg]36'44.33'' N, long. 076[deg]18'04.37'' W)
GRACO, MD                                    Fix                         (Lat. 38[deg]56'29.81'' N, long. 076[deg]11'59.22'' W)
VYSOR, MD                                    WP                          (Lat. 39[deg]02'03.86'' N, long. 076[deg]14'59.88'' W)
BAABS, MD                                    WP                          (Lat. 39[deg]19'51.39'' N, long. 076[deg]24'40.87'' W)
Lancaster, PA (LRP)                          VORTAC                      (Lat. 40[deg]07'11.91'' N, long. 076[deg]17'28.66'' W)
DUMMER, PA                                   Fix                         (Lat. 40[deg]28'10.68'' N, long. 076[deg]06'40.18'' W)
HAILS, PA                                    Fix                         (Lat. 40[deg]34'13.43'' N, long. 076[deg]03'31.77'' W)
SNOWY, PA                                    Fix                         (Lat. 40[deg]45'05.77'' N, long. 075[deg]57'51.63'' W)
KRAZE, PA                                    Fix                         (Lat. 40[deg]50'13.14'' N, long. 075[deg]55'10.83'' W)
LYTEL, PA                                    Fix                         (Lat. 40[deg]55'48.79'' N, long. 075[deg]52'14.42'' W)
Wilkes-Barre, PA (LVZ)                       VORTAC                      (Lat. 41[deg]16'22.10'' N, long. 075[deg]41'22.07'' W)
LAAYK, PA                                    Fix                         (Lat. 41[deg]28'32.64'' N, long. 075[deg]28'57.31'' W)
KERRI, NY                                    Fix                         (Lat. 41[deg]50'37.49'' N, long. 074[deg]44'14.93'' W)
PRNCE, NY                                    Fix                         (Lat. 41[deg]58'24.75'' N, long. 074[deg]28'12.25'' W)
SAGES, NY                                    Fix                         (Lat. 42[deg]02'46.33'' N, long. 074[deg]19'10.33'' W)
TALCO, NY                                    Fix                         (Lat. 42[deg]03'45.97'' N, long. 074[deg]06'27.85'' W)
WIGAN, NY                                    Fix                         (Lat. 42[deg]05'06.33'' N, long. 073[deg]48'53.89'' W)
BOWAN, NY                                    Fix                         (Lat. 42[deg]06'23.14'' N, long. 073[deg]31'28.95'' W)
MOBBS, MA                                    Fix                         (Lat. 42[deg]07'30.84'' N, long. 073[deg]15'36.59'' W)
SASHA, MA                                    Fix                         (Lat. 42[deg]07'58.70'' N, long. 073[deg]08'55.39'' W)
MOLDS, MA                                    Fix                         (Lat. 42[deg]12'30.91'' N, long. 073[deg]03'13.39'' W)
WHATE, MA                                    Fix                         (Lat. 42[deg]26'10.03'' N, long. 072[deg]45'41.96'' W)
WARIC, MA                                    Fix                         (Lat. 42[deg]37'42.00'' N, long. 072[deg]30'37.72'' W)
Keene, NH (EEN)                              VORTAC                      (Lat. 42[deg]47'39.40'' N, long. 072[deg]17'30.40'' W)
TAPSE, NH                                    Fix                         (Lat. 43[deg]04'16.55'' N, long. 071[deg]49'38.92'' W)
Concord, NH (CON)                            VOR/DME                     (Lat. 43[deg]13'11.23'' N, long. 071[deg]34'31.63'' W)
SATAN, ME                                    Fix                         (Lat. 43[deg]23'09.13'' N, long. 070[deg]48'11.07'' W)
Kennebunk, ME (ENE)                          VOR/DME                     (Lat. 43[deg]25'32.42'' N, long. 070[deg]36'48.69'' W)
BRNNS, ME                                    Fix                         (Lat. 43[deg]54'08.64'' N, long. 069[deg]56'42.81'' W)
RAZZR, ME                                    Fix                         (Lat. 44[deg]13'16.51'' N, long. 069[deg]35'12.25'' W)
Bangor, ME (BGR)                             VORTAC                      (Lat. 44[deg]50'30.46'' N, long. 068[deg]52'26.27'' W)

* * * * *

    Issued in Washington, DC, on April 10, 2019.
M. Colby Abbott,
Acting Manager, Airspace Policy Group.
[FR Doc. 2019-07597 Filed 4-17-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Notices]
[Page 34124]
[FR Doc No: C1-2011-12742]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Civil Supersonic Aircraft Panel Discussion

Correction

    In notice document 2011-12742 appearing on page 30231 in the issue
of Tuesday, May 24, 2011, make the following correction:
    Beginning in the second line from the bottom of the first column
and continuing to the second line in the second column, the Web site
address should read as follows: https://spreadsheets.google.com/
spreadsheet/viewform?formkey=dEFEdlRnYzBiaHZtTUozTHVtbkF4d0E6MQ.

[FR Doc. C1-2011-12742 Filed 6-9-11; 8:45 am]
BILLING CODE 1505-01-D


                         Clodinafop-propargyl (125203)
                     Screening Level Usage Analysis (SLUA)
                            Date: January 18, 2012

What is a Screening Level Usage Analysis (SLUA)?
      * Available estimates of pesticide usage data for a particular active ingredient that is used on agricultural crops in the United States.
      * Pesticide usage data obtained from various sources.  The data are then merged, averaged, and rounded so that the presented information is not proprietary, business confidential, or trade secret.
What does it contain?
      * Pesticide usage data for a single active ingredient only.
      * Agricultural use sites (crops) that the pesticide is reported to be used on.
      * Available pesticide usage information from U.S. states that produce 80% or more of a crop, in most cases, or less than 80%, in rare cases, depending on the scope of the survey and available resources.
      * Annual percent of crop treated (average & maximum) for each agricultural crop.
      * Average annual pounds of the pesticide applied for each agricultural crop (i.e., for the states surveyed, not for the entire United States).
What assumptions can I make about the reported data?
      * Average pounds of active ingredient applied - Values are calculated by merging pesticide usage data sources together; averaging across all observations, then rounding.  Note:  If the estimated value is less than 500, then that value is labeled <500.  Estimated values between 500 & <1,000,000 are rounded to 1 significant digit.  Estimated values of 1,000,000 or greater are rounded to 2 significant digits.)
      * Average percent of crop treated - Values are calculated by merging data sources together; averaging by year, averaging across all years, & rounding to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.  If the estimated value is less than 1, then the value is labeled <1.
      * Maximum percent of crop treated - Value is the single maximum value reported across all data sources, across all years, & rounded up to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.
What are the data sources used?
      * USDA-NASS (United States Department of Agriculture's National Agricultural Statistics Service)  -  pesticide usage data from 2003 to 2010.
      * Private pesticide market research  -  pesticide usage data from 2003 to 2010.
      * California Department of Pesticide Regulation (DPR) Pesticide Use Reporting (PUR) data for 2003 to 2009.
What are the limitations to the data?
      * Additional registered uses may exist but are not included because the available surveys do not report usage (e.g., small acreage crops).
      * Lack of reported usage data for the pesticide on a crop does not imply zero usage.
      * Usage data on a particular site may be noted in data sources, but not quantified.  In these instances, the site would not be reported in the SLUA.
      * Non-agricultural use sites (e.g., turf, post-harvest, mosquito control, etc.) are not reported in the SLUA.  A separate request must be made to receive these estimates.
      * Some sites show some use, even though they are not on the label.  This usage could be due to various factors, including, but not limited to Section 18 requests, existing stocks of the chemical, data collection errors, and experimental use permits (EUPs).

                               January 18, 2012

Screening Level Estimates of Agricultural Uses of Clodinafop-propargyl (125203)
                             Sorted Alphabetically

                                                              Percent Crop Ttd.

			Crop
                                                                      Lbs. A.I.
                                                                           Avg.
                                                                           Max.
                                                                              1
Barley +
                                                                          1,000
                                                                          <1
                                                                        <2.5
                                                                              2
Wheat
                                                                         90,000
                                                                              5
                                                                             10

All numbers rounded.
                                                                        <500
Less than 500 pounds of active ingredient
                                                                        <2.5
Less than 2.5 percent of crop treated
                                                                          <1
Less than 1 percent of crop treated

                                                                              +
Crops not known to be listed on active end use product registrations or as Section 18 emergency
exemptions for the period reported in this SLUA.

SLUA data sources include:
  USDA-NASS (United States Department of Agriculture's National Agricultural Statistics Service)
Private Pesticide Market Research

These results reflect amalgamated data developed by the Agency and are releasable to the public.


[Federal Register: August 15, 2008 (Volume 73, Number 159)]
[Rules and Regulations]
[Page 47835-47840]
[DOCID:fr15au08-10]

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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.

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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<PHONE_NUMBER> 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<PHONE_NUMBER>; fax
number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
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

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

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 EPA-approved 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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).

    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

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.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. Section 52.2270 is amended as follows:
0
a. The table in paragraph (c) entitled, ``EPA Approved Regulations in
the Texas SIP'' is amended under Chapter 117 (Reg 7) as follows:
0
1. Under Subchapter B, by revising the entries for Sections 117.114,
117.201, 117.203, 117.206, 117.213, and 117.214;
0
2. Under Subchapter D, by revising the entry for Section 117.479.
0
3. Under Subchapter E, by revising the entry for Section 117.520.
0
b. The table in paragraph (d) entitled ``EPA-Approved Texas Source-
Specific Requirements'' is amended by adding one new entry at the end.
0
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:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA-Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 State approval/
            State citation                   Title/subject           submittal            EPA approval date                       Explanation
                                                                      date
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
                                          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            04/27/05  08/15/2008 [Insert FR page number
                                        Monitoring for the                        where document begins].
                                        Houston-Galveston
                                        Attainment
                                        Demonstration.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    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         04/27/05  08/15/2008 [Insert FR page number
                                        for Attainment                            where document begins].
                                        Demonstrations.

                                                                      * * * * * * *
Section 117.213......................  Continuous Demonstration        04/27/05  08/15/2008 [Insert FR page number
                                        of Compliance.                            where document begins].
Section 117.214......................  Emission Testing and            04/27/05  08/15/2008 [Insert FR page number
                                        Monitoring for the                        where document begins].
                                        Houston-Galveston
                                        Attainment
                                        Demonstration.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Subchapter D--Small Combustion Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Division 2--Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.479......................  Monitoring,                     04/27/05  08/15/2008 [Insert FR page number
                                        Recordkeeping and                         where document begins].
                                        Reporting Requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Subchapter E--Administrative Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 117.520......................  Compliance Schedule for         04/27/05  08/15/2008 [Insert FR page number
                                        Industrial, Commercial                    where document begins].
                                        and Institutional
                                        Combustion Sources in
                                        Ozone Nonattainment
                                        Areas.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (d) * * *
* * * * *

                                                     EPA-Approved State Source-Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      State
            Name of source                Permit or Order No.    effective date           EPA approval date                        Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Alcoa Inc, Rockdale, Milam County,     Permit Number 48437.....        04/27/05  08/15/2008 [Insert FR page number
 Texas.                                                                           where document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (e) * * *
* * * * *

                                  EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      State
        Name of SIP provision          Applicable geographic or    submittal/             EPA approval date                        Comments
                                          nonattainment area     effective date
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                                                                      * * * * * * *
2002 Emissions Inventory.............  Collin, Dallas, Denton,         04/27/05  08/15/2008 [Insert FR page number
                                        Ellis, Johnson,                           where document begins].
                                        Kaufman, Parker,
                                        Rockwall and Tarrant
                                        Counties, TX.
Energy Efficiency Measures...........  Collin, Dallas, Denton,         04/27/05  08/15/2008 [Insert FR page number
                                        Ellis, Johnson,                           where document begins].
                                        Kaufman, Parker,
                                        Rockwall and Tarrant
                                        Counties, TX.
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[FR Doc. E8-18835 Filed 8-14-08; 8:45 am]

BILLING CODE 6560-50-P