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20816 Federal Register / Vol. 70, No.

77 / Friday, April 22, 2005 / Rules and Regulations

Mobile Ship Channel or in the Port of emissions offsets in the amount of 0.18 FOR FURTHER INFORMATION CONTACT:
Mobile must contact the on-scene Coast tons per day (tpd) of nitrogen oxides Peggy Wade, Air Planning Section
Guard representative, request (NOX) and 0.04 tpd of volatile organic (6PD–L), Environmental Protection
permission to conduct such action, and compounds (VOCs) in 2007, and to Agency, Region 6, 1445 Ross Avenue,
receive authorization from the on-scene adjust the modeled 2015 on-road Suite 700, Dallas, Texas 75202–2733,
Coast Guard representative prior to emission estimates to reflect an increase telephone (214) 665–7247; fax number
initiating such action. The on-scene of 1.17 tpd of NOX and 0.26 tpd of 214–665–7263; e-mail address
Coast Guard representative may be VOCs, which must be accommodated in wade.peggy@epa.gov.
contacted on VHF–FM channel 16. future transportation conformity SUPPLEMENTARY INFORMATION:
(5) All persons and vessels authorized determinations. This action is necessary Throughout this document wherever
to enter into this security zone shall in order for the Federal Aviation ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
obey any direction or order of the Administration (FAA) to address the EPA.
Captain of the Port or designated requirements under the general
representative. The Captain of the Port conformity regulations for the proposed Outline
Mobile may be contacted by telephone DFWIA project. The rationale for the I. What Action Is EPA Taking?
at (251) 441–5976. The on-scene Coast final approval action and other II. What Is the Background for This Action?
III. What Did the State Submit and How Did
Guard representative may be contacted information are provided in this We Evaluate It?
on VHF–FM channel 16. document. IV. Responses to Comments on the Direct
(6) All persons and vessels shall Final Action
comply with the instructions of the DATES: This rule is effective on May 23,
V. Final Action
Captain of the Port Mobile and 2005. VI. Statutory and Executive Order Reviews
designated on-scene U.S. Coast Guard ADDRESSES: EPA has established a
I. What Action Is EPA Taking?
patrol personnel. On-scene U.S. Coast docket for this action under Regional
Guard patrol personnel include Materials in EDocket (RME) Docket ID On January 14, 2004, TCEQ adopted
commissioned, warrant, and petty No. R06–OAR–2004–TX–0002. All a Memorandum of Agreement (MOA)
officers of the U.S. Coast Guard. documents in the docket are listed in between TCEQ and NCTCOG’s Regional
the Regional Materials in EDocket Transportation Council (RTC). At the
Dated: April 12, 2005.
(RME) index at http://docket.epa.gov/ same time, TCEQ adopted a revision to
J.D. Bjostad, the Texas SIP to incorporate this MOA
rmepub/; once in the system, select
Captain, U.S. Coast Guard, Captain of the into it, and has since submitted this SIP
‘‘quick search,’’ then key in the
Port Mobile. revision to EPA for approval. This MOA
appropriate RME Docket identification
[FR Doc. 05–8073 Filed 4–21–05; 8:45 am] commits the RTC to provide the DWFIA
number. Although listed in the index,
BILLING CODE 4910–15–P
some information is not publicly with emissions offsets in the amount of
available, i.e., CBI or other information 0.18 tpd of NOX and 0.04 tpd of VOCs
the disclosure of which is restricted by in 2007 and to adjust the modeled 2015
ENVIRONMENTAL PROTECTION statute. Certain other material, such as on-road mobile source emissions
AGENCY copyrighted material, is not placed on estimates by an increase of 1.17 tpd and
the Internet and will be publicly 0.26 tpd of NOX and VOCs, respectively,
40 CFR Part 52 available only in hard copy form. in future transportation conformity
[R06–OAR–2004–TX–0002; FRL–7902–8] Publicly available docket materials are demonstrations by the FAA.
available either electronically in RME or EPA is approving the incorporation of
Approval and Promulgation of in hard copy at the Air Planning Section this MOA into the DFW SIP. This action
Implementation Plans; Texas; (6PD–L), Environmental Protection by EPA will ensure that the MOA, and
Memorandum of Agreement Between Agency, 1445 Ross Avenue, Suite 700, the resulting emission offsets, are
Texas Council on Environmental Dallas, Texas 75202–2733. The file will enforceable at both the federal and state
Quality and the North Central Texas be made available by appointment for levels.
Council of Governments Providing public inspection in the Region 6 FOIA II. What Is the Background for This
Emissions Offsets to Dallas-Fort Worth Review Room between the hours of 8:30 Action?
International Airport a.m. and 4:30 p.m. weekdays except for The DFW area is a nonattainment area
AGENCY: Environmental Protection legal holidays. Contact the person listed for the air pollutant ozone, and is
Agency (EPA). in the FOR FURTHER INFORMATION operating under a SIP to control the
CONTACT paragraph below or Mr. Bill emissions of NOX and VOCs, which are
ACTION: Final rule.
Deese at (214) 665–7253 to make an ozone precursor pollutants. Under the
SUMMARY: EPA is approving a State appointment. If possible, please make Texas general conformity rules (30 TAC
Implementation Plan (SIP) revision the appointment at least two working 101.30), which implement the general
submitted by the State of Texas on days in advance of your visit. There will conformity requirements of section
February 23, 2004. This revision be a 15 cent per page fee for making 176(c) of the Clean Air Act, certain
concerns the Dallas-Fort Worth ozone photocopies of documents. On the day types of Federal actions, such as FAA
nonattainment area. Specifically, EPA is of the visit, please check in at the EPA approval of environmental documents
approving incorporation of a Region 6 reception area at 1445 Ross developed in accordance with the
Memorandum of Agreement (MOA) Avenue, Suite 700, Dallas, Texas. National Environmental Policy Act
between the Texas Commission on The State submittal is also available (NEPA), require a determination as to
Environmental Quality (TCEQ) and the for public inspection at the State Air whether the total emissions from the
North Central Texas Council of Agency listed below during official action conform with the applicable SIP,
Governments (NCTCOG) into the SIP. business hours by appointment: unless the resultant emissions are
This MOA commits the NCTCOG to Texas Commission on Environmental expected to be below the de minimis
provide the Dallas-Fort Worth Quality, Office of Air Quality, 12124 levels identified in these regulations (30
International Airport (DFWIA) with Park 35 Circle, Austin, Texas 78753. TAC 101.30(c)(2); see 40 CFR

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Federal Register / Vol. 70, No. 77 / Friday, April 22, 2005 / Rules and Regulations 20817

51.853(b)(1)). The de minimis level for regulations allow for such an interaction the comments in a subsequent final
the DFW one-hour nonattainment area between the general conformity and action. One consolidated set of
is 50 tons per year. The applicable SIP, transportation conformity processes. comments was received from a
in this case, is the Post 1996 Rate of The general conformity regulations representative of Blue Skies Alliance,
Progress (ROP) SIP approved by EPA on specifically state that a federal agency Downwinders at Risk, Public Citizen
March 28, 2005 (70 FR 15592, effective can demonstrate general conformity, in and Sierra Club. The following
April 27, 2005). part, by showing that ‘‘the action or summarizes the comments and EPA’s
The DFWIA notified TCEQ and EPA portion thereof, as determined by the response to these comments.
of upcoming aviation projects that MPO, is specifically included in a Comment 1: The action allows Texas
would trigger the need for a general current transportation plan and to avoid Clean Air Act obligations under
conformity determination by the FAA. transportation improvement program the 1-hour ozone standard by allowing
These projects include construction of a which have been found to conform to emission reduction measures to offset
new terminal (Terminal F), addition of the applicable SIP [under the airport emissions. Any reductions from
a new cargo complex, improvement of transportation conformity regulations].’’ these measures should be included in
airport parking, changes to current 30 TAC 101.30(h)(1)(E)(ii); 40 CFR the area’s SIP to meet its outstanding 1-
operating restrictions of existing 51.858(a)(v)(ii). See also Question 1 on hour obligation.
terminal facilities, and other related p. 30 of the General Conformity Response: EPA action on the 1-hour
projects included in the DFW Airport Guidance Questions and Answers, ozone attainment demonstration SIP
Master Plan. issued by EPA on July 13, 1994. Details submitted by TCEQ to EPA on April 25,
Based on submitted estimates of on the emission reduction measures are 2000, is outside the scope of this
direct and indirect NOX and VOC available in the Technical Support Federal Register action. The general
emissions resulting from these projects, Document associated with this action. conformity regulations authorize the use
emissions are expected to exceed the de These emission reduction commitments of emission offsets in conformity
minimis level of 50 tons per year during are intended to assist the FAA in determinations (30 TAC 101.30(h)(1)(B);
some of the project years. As evaluated making a general conformity see 40 CFR 51.858(a)(2)). This provision
in 2007, only NOX estimates exceed this determination for the planned airport states that emission offsets may be
level (0.18 NOX tpd or 65.7 NOX tpy), expansion projects associated with implemented through a revision to the
but in the peak operation year of 2015 construction of Terminal F. SIP or a similarly enforceable measure
both precursor pollutants are expected The general conformity rules require so that sufficient emission reductions
to exceed the de minimis level (1.16 these measures to be enforceable under are achieved that there is no net
NOX tpd and 0.26 tpd VOC). As a result both state and Federal law (30 TAC increase in emissions of the criteria
a general conformity determination by 101.30(h)(1)(B); see 40 CFR pollutant. The incorporation of this
the FAA is required. 51.858(a)(2)). Upon the effective date of MOA into the Texas SIP is not
our action, these measures will be specifically related to the attainment
III. What Did the State Submit and How
federally enforceable. The MOA demonstration SIP. EPA action to
Did We Evaluate It?
between TCEQ and the RTC was incorporate this MOA into the general
The conformity regulations provide adopted by the state on January 14, Texas SIP will render the provisions of
several options to show that an action 2004, and was incorporated into the the MOA federally enforceable as
conforms to an applicable State Implementation Plan for the DFW required by the general conformity
implementation plan. One option is to ozone nonattainment area on that same regulations discussed above. Although
establish enforceable measures that day. Thus, these measures are already there is currently not an approved 1-
offset the expected emissions from the enforceable by state law. hour ozone attainment demonstration
project. 30 TAC 101.30(h)(1)(B); see 40 It is important to note that EPA is not SIP for the DFW area, EPA has outlined
CFR 51.858(a)(2). The DFWIA worked making a general conformity several options that will allow States to
with the Regional Transportation determination itself nor are we fulfill unmet 1-hour obligations in the
Council in 2002 to identify emission approving a general conformity recent rulemaking related to
reduction measures to be used to offset determination for this FAA action. promulgation of the 8-hour ozone
the emissions associated with these Under the conformity regulations, each NAAQS (69 FR 23951).
airport expansion projects. On Federal agency must make its own Comment 2: Comment questions the
December 12, 2002, the RTC resolved to conformity determination (30 TAC ability of 2015 MVEBs to accommodate
implement emission reduction measures 101.30(d); see 40 CFR 51.854). With this emissions from the airport project and
to provide offsets for use by the DFWIA approval action, EPA is simply states that the proposed action blurs the
to meet general conformity requirements approving into the SIP an MOU that will distinction between the conformity
for the year 2007. At a minimum, these provide a means for the FAA to make rules that allow conformity to be
measures will offset the 0.18 tpd of NOX future general conformity determined by either inclusion of the
and 0.04 tpd of VOCs that are expected determinations for the DFWIA. emissions in the SIP or by providing
to be generated in 2007 by the Terminal separate offsets.
F projects. In addition, the RTC resolved IV. Responses to Comments on the Response: EPA disagrees with this
to provide emission reductions in the Direct Final Action comment. The MOA commits the North
amount of 1.17 tpd of NOX and 0.26 tpd On October 29, 2004, EPA published Central Texas Council of Governments
of VOCs for the year 2015. This will be a direct final rule approving a revision to accommodate expected emissions
accomplished by incorporating these to incorporate the MOA into the Texas from the airport project by adjusting
expected emissions into the SIP for the DFW ozone nonattainment (i.e., increasing) the modeled regional
Metropolitan Transportation Plan for area. This rule contained the condition mobile emissions estimates for 2015.
the year 2015, for which the total that if any adverse comments were EPA action to incorporate this MOA
estimated emissions cannot exceed the received by the end of the public into the general Texas SIP will render
emissions cap set by the motor vehicle comment period on November 29, 2004, the provisions of the MOA federally
emissions budget for that year. the direct final rule would be enforceable as required by the general
Provisions in the general conformity withdrawn and we would respond to conformity regulations. Therefore, any

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20818 Federal Register / Vol. 70, No. 77 / Friday, April 22, 2005 / Rules and Regulations

failure by the NCTCOG to adjust the in place, including the provision related general conformity determination for
regional emissions estimates in 2015 to emissions offsets (30 TAC the DFWIA. Each Federal agency must
could result in a finding by EPA of a 101.30(h)(1)(B); 40 CFR 51.858(a)(2)). make an independent conformity
failure to implement the SIP and could Comment 5: Construction emissions determination for its action. Prior to
jeopardize future transportation in the SIP should first be mitigated to as making conformity determination the
conformity determinations required for low a level as possible, and then offset FAA must evaluate the emission
the area’s Metropolitan Transportation with emission reduction measures. estimate methodology and inventory.
Plan and Transportation Improvement Response: Although EPA supports Any conformity determination made by
Program. Further, the conformity rule and encourages air quality mitigation the FAA is subject to the public notice
provisions for demonstrating conformity measures and use of Best Management and involvement provisions of the
allow a combination of approaches to be Practices in construction operations, general conformity regulations.
used. 30 TAC 101.30(h); see 40 CFR mitigation is not required prior to Comment 8: Current controls on
51.858(a). The FAA has decided to determination of emission offsets. existing sources expire and are not
demonstrate conformity by Comment 6: Offset requirements are enforceable because the MOU
implementing emissions offsets and by underestimated because the 90% NOX containing the DFWIA emission
ensuring that the 2015 emissions emission reduction controls on airport reduction commitments expires in 2007.
estimates will be included in a Ground Support Equipment (GSE) are Response: The GSE Agreed Orders
conforming Transportation not part of an approved SIP. Agreed
and MOAs (among which is presumably
Improvement Program as authorized by Orders do not assure that all future
the MOU referenced in the comment)
30 TAC 101.30(h)(1)(E)(ii). See 40 CFR airport activity will be controlled to the
have been signed and incorporated into
51. 858(a)(5)(ii); Question 39 of General assumed level.
Response: Agreed Orders and the Texas SIP. Therefore, because EPA
Conformity Guidance for Airports has already approved the orders and
Questions and Answers (published Memoranda of Agreement (MOAs)
concerning emission reductions in MOAs into the SIP in a separate final
jointly by EPA and FAA on September action (see 67 FR 19515), this comment
25, 2002). The NCTCOG must continue Ground Support Equipment at DFW
area airports were signed by the parties is outside the scope of this action.
to adjust the regional emissions analysis Nonetheless, airport operators and
to accommodate this airport project in involved in 2001 and approved into the
SIP by EPA on April 22, 2002 (67 FR major carriers in the affected areas have
any transportation conformity already made the required conversions
determination undertaken prior to the 19515). Therefore, as measures
approved into the Texas SIP, the Agreed of GSE to electric. Although the GSE
MOA expiration date of December 31, MOA expires in 2007, it is unreasonable
2015. Orders and MOAs are federally
enforceable and subject to the to expect that airport operators and
Comment 3: The general conformity
enforcement provisions generally carriers would then convert this
determination would rely on inclusion
applicable to SIPs, including potential equipment back to diesel.
of 2015 emissions in a future 1-hour
sanctions that could be triggered if EPA Comment 9: The Technical Support
SIP.
Response: EPA disagrees. Any finds that TCEQ has failed to implement Document must address the
conformity determination made by the the SIP. effectiveness of various elements of the
FAA or other Federal agency is not Comment 7: Emission estimates are SIP that generate the basis of the GSE
dependent upon submission or approval likely erroneous. The commenters emission factors.
of a 1-hour ozone attainment reference a Texas Transportation Response: This request is beyond the
demonstration SIP. The conformity Institute (TTI) Airport Emissions scope of this action. EPA is not acting
regulations provide several mechanisms Inventory study. on the 2000 attainment demonstration
to demonstrate conformity that are Response: The emissions estimates SIP with this notice. The GSE emission
unrelated to whether an approved SIP is were based on inventories, emission factors used mirror those used to
in place, including the provision related factors and emission models that were develop the Agreed Orders with
to emissions offsets (30 TAC available at the time the analysis was DFWIA, the Cities of Dallas and Fort
101.30(h)(1)(B); 40 CFR 51.858(a)(2)). started. While emission inventories and Worth and the GSE owners/operators at
Comment 4: EPA should treat the models are updated periodically, EPA DFWIA. These Agreed Orders were
1999 [sic] attainment demonstration SIP believes that the initial estimates approved by EPA and incorporated into
as disapproved and find that no projects provided by the DFWIA are reasonable the general Texas SIP on April 22, 2002
may proceed until current inventories and appropriate. The revised 2007 NOX (67 FR 19515).
are developed and an attainment inventory, upon which the Agreed Comment 10: General conformity
demonstration is made. Orders and MOAs are based, is the regulations require the use of the latest
Response: EPA believes the result of a more refined survey of the and most accurate emission estimation
commenters are referring to the GSE population in actual use at the techniques available per 40 CFR
attainment demonstration SIP submitted affected airports. This inventory 93.160(b), but MOA activity is based on
in 2000, because EPA has taken final revision went through the State’s 1996 data.
action on the 1999 attainment administrative process for adoption and Response: The emissions inventory
demonstration SIP. On June 2, 1999, was subsequently accepted by EPA. The was prepared in accordance with
EPA published a final rule finding that TTI study referenced by the commenters methods and models approved by EPA
the 1999 SIP submitted by TCEQ was was cited in the DFW 5% Increment-of- and FAA, and used the latest available
incomplete (64 FR 29570). To date, EPA Progress SIP, which is still under inventory at the time the analysis was
has taken no action on the 2000 consideration by TCEQ. This study was begun. Please note that this Federal
attainment demonstration SIP. Action not available at the time the GSE Agreed Register action is not a conformity
on this SIP is outside the scope of this Orders were developed. determination and the FAA may require
notice. The conformity regulations Please note that EPA is not making a additional analyses with updated
provide several mechanisms to general conformity determination itself; inventories and currently available
demonstrate conformity that are we are solely approving a mechanism models prior to any future conformity
unrelated to whether an approved SIP is that the FAA may use for a future determination it may undertake.

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Comment 11: The general conformity projects to be used as offsets have not ozone standards. These offsets are not
determination does not reference FAA’s been identified. We agree with the surplus reductions.
Emissions and Dispersion Modeling commenters that these measures must Response: As a result of recent
system (EDMS). be specifically identified, along with a promulgation of a new ozone standard,
Response: This is not a general timeline for implementation, and the 8-hour ozone standard, TCEQ must
conformity determination but simply a included in a conformity determination submit a SIP demonstrating that this
mechanism by which to make available if the FAA intends to use such measures standard can be attained in the DFW 8-
emission reduction credits or offsets for as offsets. This action supports the hour nonattainment area no later than
possible use by a Federal agency in requirements of 30 TAC 101.30(h)(1)(B) the statutory attainment date (69 FR
making a conformity determination. and 40 CFR 51.858(a)(2) by making use 23951). As a result of the MOA signed
Emission estimates for the Terminal F of any such measures federally between TCEQ and NCTCOG, the
projects provided by DFWIA included enforceable. For further discussion of emission reductions identified to offset
use of the FAA’s EDMS model, among mitigation and offsets, please see the expected increase in emissions due
others (see the Technical Support Question 38 in the General Conformity to construction and operation of
Document associated with the proposal Guidance for Airports: Questions and Terminal F at DFWIA would not be
for this action.) Answers jointly issued by EPA and FAA available for use in demonstrating
Comment 12: The analysis is on September 25, 2002. attainment of the 8-hour standard.
proposed using MOBILE5 and should be Comment 15: ‘‘Signal improvement’’ TCEQ may include an airport emissions
reevaluated using MOBILE6. is not a sufficient description of the budget in the 8-hour attainment
Response: At the time the analysis emission reduction measures. demonstration SIP for the DFW area. If
was developed, MOBILE5 was the latest Response: The list of emission so and if approved by EPA, this would
EPA-approved model for estimating on- reduction measures proposed by the offer the FAA another means to
road mobile source emissions. EPA NCTCOG and provided in the Technical demonstrate conformity of airport
released a later version of the MOBILE Support Document of EPA’s proposed projects to the SIP.
model, MOBILE6, on January 29, 2002 approval of the MOA is draft and Comment 18: Deferring analysis of a
(67 FR 4254). EPA regulations allow a therefore subject to change. With this project’s conformity by assigning project
grace period for emission analysis begun action, EPA is merely approving the emissions to a future MVEB is improper.
prior to the issuance of a new emissions mechanism to commit to use such Response: The conformity regulations
model. In accordance with 30 TAC measures in general conformity intend for federal agencies to be
101.30(i)(2)(A)(ii) and 40 CFR determinations. The appropriateness of accountable for emissions resultant from
58.859(b)(1)(ii), general conformity individual measures is outside the their actions. In fact, the general
analyses for which the analysis was scope of this action and will be conformity regulations specifically state
begun during the grace period or no addressed by the FAA if a conformity that a federal agency can demonstrate
more than three years before the Federal determination is conducted for the general conformity, in part, by showing
Register notice of availability of the Terminal F project. The term ‘‘signal that ‘‘the action or portion thereof, as
latest emissions model may continue to improvement’’ is a recognized term used determined by the MPO, is specifically
use the previous version of the model in professional practice and with included in a current transportation
specified by EPA. The initial emissions generally agreed upon methodologies to plan and transportation improvement
estimate prepared by DFWIA was calculate emission reduction benefits program which have been found to
submitted in January 2003, well within from such measures. conform to the applicable SIP [under the
the three-year window of model Comment 16: Emission offsets are transportation conformity regulations].’’
acceptability. Depending on the timing Reasonably Available Control Measures 30 TAC 101.30(h)(1)(E)(ii); 40 CFR
of any conformity determination by and should not be used to permit 51.858(a)(v)(ii). See also, Question 1 on
FAA based on the submitted emissions emissions growth. p. 30 of the General Conformity
estimates, that agency may choose to Response: Under 30 TAC 101.30(b)(1) Guidance Questions and Answers,
require an updated emissions analysis and 40 CFR 58.852, emissions issued by EPA on July 13, 1994.
using MOBILE6. However, that decision reductions can be considered surplus Comment 19: A finding of conformity
is outside the scope of this action. when they are not required for use by does not meet § 93.160 mitigation
Comment 13: The FAA/EPA general or credited to other applicable SIP requirements and does not constitute a
conformity guidance for airports provisions. The applicable SIP (i.e., the finding that emissions in interim years
requires incorporation of mitigation most recently approved SIP) is the Post will actually be achieved.
measures into the project. 1996 ROP SIP, approved by EPA on Response: Mitigation measures were
Response: The FAA is not making a March 28, 2005 (70 FR 15592, effective not specifically included in the
general conformity determination at this April 27, 2005). The emission offsets emission estimates for Terminal F
time, and this comment is outside the memorialized by this MOA are not part provided by DWIA, but may be required
scope of this action. Any conformity of the 15% ROP SIP, nor are they by FAA prior to any conformity
determination made by FAA will be reserved for use elsewhere. The 15% determination on this project. Any such
subject to the mitigation and public ROP SIP does not contain an airport requirement is outside the scope of this
notice and involvement provisions of emission budget, so conformity may be Federal Register action. The general
the general conformity regulation. demonstrated by one of the other means conformity regulations do not require
Comment 14: The mitigation available under 30 TAC 101.30(h) and emissions offsets and/or mitigation for
measures are ill-defined per 40 CFR 40 CFR 51.858, including offsetting the every year of a project. Specific analysis
93.160 requirements. expected emissions from the project so years are defined at 30 TAC 101.30(i)(4)
Response: DFWIA is proposing to use that no net increase in emissions occurs. and 40 CFR 51.859(d) and include the
offsets rather than mitigation to Comment 17: Minutes from TCEQ’s area’s attainment year (currently 2007
demonstrate conformity in this case. modeling meetings disclose projections for the DFW area under the 1-hour
Although a draft list of candidate that enormous additional emission standard) and the year emissions from
projects that could be used as offsets reduction measures will be needed for the action are expected to be at their
was provided by the NCTCOG, specific DFW to attain the 1-hour or 8-hour greatest, and any year in which the

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20820 Federal Register / Vol. 70, No. 77 / Friday, April 22, 2005 / Rules and Regulations

applicable SIP includes an emission Response: Incorporation of the MOA Federal Government and Indian tribes,
budget. into the general Texas SIP by this as specified by Executive Order 13175
Comment 20: The 2015 MVEBs have Federal Register action will enable the (65 FR 67249, November 9, 2000). This
little relevance to future SIP goals, as FAA to demonstrate conformity by a action also does not have Federalism
future conformity determinations will means other than reliance on the ROP implications because it does not have
be based on the DFW 5% Increment-of- SIP and still meet the general substantial direct effects on the States,
Progress SIP. conformity requirements of section 176 on the relationship between the national
Response: TCEQ has proposed a 5% (c) of the Clean Air Act. government and the States, or on the
Increment-of-Progress (IOP) SIP as a Comment 24: The risk from toxic distribution of power and
transition SIP between the 1-hour and 8- emissions upon downwind responsibilities among the various
hour ozone standards in accordance communities must be identified. levels of government, as specified in
with the 8-hour ozone rules Response: General conformity Executive Order 13132 (64 FR 43255,
promulgated at 69 FR 23951. However, regulations apply only to the criteria August 10, 1999). This action merely
this SIP has not yet been adopted nor pollutants defined at 40 CFR 51,853(b). approves a state rule implementing a
submitted to EPA for approval. Until For further information on mobile Federal standard, and does not alter the
EPA approves of the proposed 5% IOP source air toxics, please see 66 FR relationship or the distribution of power
SIP, it is not considered the applicable 17229. and responsibilities established in the
SIP for general conformity Clean Air Act. This rule also is not
V. Final Action
demonstrations. As a result of the subject to Executive Order 13045
incorporation of the MOA into the EPA is approving the revision to the
‘‘Protection of Children from
general Texas SIP, the amount of DFW ozone SIP providing emission
Environmental Health Risks and Safety
emission reductions necessary to satisfy reduction offsets to DFW International
Risks’’ (62 FR 19885, April 23, 1997),
the terms of the MOA will need to be Airport for the year 2007 and a
because it is not economically
subtracted from any 2015 MVEB in commitment that the NCTCOG will
significant.
effect at the time, regardless of which account for expected emissions from
certain improvement projects planned In reviewing SIP submissions under
SIP they come from.
Comment 21: The general conformity for DFWIA in 2015 as part of its the National Technology Transfer and
determination calculates project transportation conformity determination Advancement Act of 1995 (15 U.S.C 272
emissions with MOBILE5. for the Metropolitan Transportation note), EPA’s role is to approve state
Response: Please see response to Plan. choices, provided that they meet the
Comment 12 above. criteria of the Clean Air Act. In this
Comment 22: The project will cause VI. Statutory and Executive Order context, in the absence of a prior
or contribute to future ozone violations. Reviews existing requirement for the State to use
Response: The purpose of the criteria Under Executive Order 12866 (58 FR voluntary consensus standards (VCS),
to demonstrate conformity found at 30 51735, October 4, 1993), this action is EPA has no authority to disapprove a
TAC 101.30(h) and 40 CFR 51.858 is to not a ‘‘significant regulatory action’’ and SIP submission for failure to use VCS.
ensure that the actions of Federal therefore is not subject to review by the It would thus be inconsistent with
agencies conform to the State’s air Office of Management and Budget. For applicable law for EPA, when it reviews
quality plan. One way to demonstrate this reason, this action is also not a SIP submission, to use VCS in place
conformity is by committing to offset or subject to Executive Order 13211, of a SIP submission that otherwise
mitigate any expected emissions ‘‘Actions Concerning Regulations That satisfies the provisions of the Clean Air
increases that are not otherwise Significantly Affect Energy Supply, Act. Thus, the requirements of section
exempted from conformity. This action Distribution, or Use’’ (66 FR 28355, May 12(d) of the National Technology
memorializes the commitment of the 22, 2001). This action merely approves Transfer and Advancement Act of 1995
NCTCOG to work with the FAA in state law as meeting Federal do not apply. This rule does not impose
determining appropriate emission requirements and imposes no additional an information collection burden under
reduction measures that may be used to requirements beyond those imposed by the provisions of the Paperwork
offset emission increases associated state law. Accordingly, the Reduction Act of 1995 (44 U.S.C. 3501
with specific projects at the DFWIA. Administrator certifies that this rule et seq.).
The FAA may require other mitigation will not have a significant economic The Congressional Review Act, 5
deemed necessary for a positive impact on a substantial number of small U.S.C. 801 et seq., as added by the Small
conformity determination. Offsetting the entities under the Regulatory Flexibility Business Regulatory Enforcement
expected emissions by implementation Act (5 U.S.C. 601 et seq.). Because this Fairness Act of 1996, generally provides
of emission reduction measures rule approves pre-existing requirements that before a rule may take effect, the
elsewhere in the DFW nonattainment under state law and does not impose agency promulgating the rule must
area and demonstrating conformity in any additional enforceable duty beyond submit a rule report, which includes a
this manner will, by law, result in a that required by state law, it does not copy of the rule, to each House of the
finding that any increases in emissions contain any unfunded mandate or Congress and to the Comptroller General
associated with the Terminal F suite of significantly or uniquely affect small of the United States. EPA will submit a
projects will not cause or contribute to governments, as described in the report containing this rule and other
future ozone violations. As noted Unfunded Mandates Reform Act of 1995 required information to the U.S. Senate,
previously, the FAA has the ultimate (Pub. L. 104–4). the U.S. House of Representatives, and
responsibility for making the general This rule also does not have tribal the Comptroller General of the United
conformity determination for the implications because it will not have a States prior to publication of the rule in
Terminal F projects. substantial direct effect on one or more the Federal Register. A major rule
Comment 23: The DFW Rate of Indian tribes, on the relationship cannot take effect until 60 days after it
Progress SIP is no longer accurate or between the Federal Government and is published in the Federal Register.
current enough to support a conformity Indian tribes, or on the distribution of This action is not a ‘‘major rule’’ as
finding. power and responsibilities between the defined by 5 U.S.C. 804(2).

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Federal Register / Vol. 70, No. 77 / Friday, April 22, 2005 / Rules and Regulations 20821

Under section 307(b)(1) of the Clean List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq.
Air Act, petitions for judicial review of Environmental protection, Air
this action must be filed in the United Subpart SS—Texas
pollution control, Intergovernmental
States Court of Appeals for the relations, Nitrogen dioxide, Ozone,
appropriate circuit by June 21, 2005. Reporting and recordkeeping ■ 2. In § 52.2270, the table in paragraph
Filing a petition for reconsideration by requirements, Volatile organic (e) entitled ‘‘EPA approved
the Administrator of this final rule does compounds. nonregulatory provisions and quasi-
not affect the finality of this rule for the regulatory measures’’ is amended by
Dated: April 14, 2005.
purposes of judicial review nor does it adding one new entry to the end of the
Richard E. Greene,
extend the time within which a petition table to read as follows:
Regional Administrator, Region 6.
for judicial review may be filed, and
■ 40 CFR part 52 is amended as follows: § 52.2270 Identification of plan.
shall not postpone the effectiveness of
such rule or action. This action may not * * * * *
PART 52—[AMENDED]
be challenged later in proceedings to (e)* * *
enforce its requirements. (See section ■ 1. The authority citation for part 52
307(b)(2).) continues to read as follows:

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State sub-
Applicable geographic
Name of SIP provision mittal/effective EPA approval date Comments
or nonattainment area date

* * * * * * *
Memorandum of Agreement between Texas Dallas-Fort Worth ........ 01/14/04 04/22/05 [Insert FR
Council on Environmental Quality and the page number where
North Central Texas Council of Governments document begins].
Providing Emissions Offsets to Dallas Fort
Worth International Airport.

[FR Doc. 05–8121 Filed 4–21–05; 8:45 am] Minnesota, Michigan, Montana, North FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P Dakota, Nebraska, and Wyoming where Mary Waller, Registration Division
use has previously occurred under (7505C), Office of Pesticide Programs,
section 18 of FIFRA. The tolerances will Environmental Protection Agency, 1200
ENVIRONMENTAL PROTECTION expire on November 30, 2012. Pennsylvania Ave., NW., Washington,
AGENCY DATES: This regulation is effective April DC 20460–0001; telephone number:
22, 2005. Objections and requests for (703) 308–9354; e-mail address:
40 CFR Part 180 hearings must be received on or before waller.mary@epa.gov.
[OPP–2004–0388; FRL–7702–4] June 21, 2005. SUPPLEMENTARY INFORMATION:
ADDRESSES: To submit a written
Tetraconazole; Time-Limited Pesticide objection or hearing request follow the I. General Information
Tolerance detailed instructions as provided in A. Does this Action Apply to Me?
AGENCY: Environmental Protection Unit VI. of the SUPPLEMENTARY You may be potentially affected by
Agency (EPA). INFORMATION. EPA has established a
this action if you are an agricultural
ACTION: Final rule. docket for this action under docket producer, food manufacturer, or
identification (ID) number OPP–2004– pesticide manufacturer. Potentially
SUMMARY: This regulation establishes 0388. All documents in the docket are affected entities may include, but are
time-limited tolerances for residues of listed in the EDOCKET index at not limited to:
tetraconazole, 1-[2-(2,4-dichlorophenyl)- http://www.epa.gov/edocket. Although • Crop production (NAICS code 111),
3-(1,1,2,2-tetrafluoroethoxy)propyl]-1H- listed in the index, some information is e.g., agricultural workers; greenhouse,
1,2,4-triazole in or on sugarbeet roots at not publicly available, i.e., CBI or other nursery, and floriculture workers;
0.05 parts per million (ppm), sugarbeet information whose disclosure is farmers.
top at 3.0 ppm, sugarbeet dried pulp at restricted by statute. Certain other • Animal production (NAICS code
0.15 ppm, sugarbeet molasses at 0.15 material, such as copyrighted material, 112), e.g., cattle ranchers and farmers,
ppm, meat of cattle, goat, horse, and is not placed on the Internet and will be dairy cattle farmers, livestock farmers.
sheep at 0.05 ppm, liver of cattle, goat, publicly available only in hard copy • Food manufacturing (NAICS code
horse, and sheep at 4.0 ppm, fat of form. Publicly available docket 311),, e.g., agricultural workers; farmers;
cattle, goat, horse, and sheep at 0.30 materials are available either greenhouse, nursery, and floriculture
ppm, meat byproducts except liver of electronically in EDOCKET or in hard workers; ranchers; pesticide applicators.
cattle, goat, horse and sheep at 0.10 ppm copy at the Public Information and • Pesticide manufacturing (NAICS
and milk at 0.05 ppm. Sipcam Agro Records Integrity Branch (PIRIB), Rm. code 32532), e.g., agricultural workers;
USA, Inc. requested these tolerances 119, Crystal Mall #2, 1801 S. Bell St., commercial applicators; farmers;
under the Federal Food, Drug, and Arlington, VA. This docket facility is greenhouse, nursery, and floriculture
Cosmetic Act (FFDCA), as amended by open from 8:30 a.m. to 4 p.m., Monday workers; residential users.
the Food Quality Protection Act of 1996 through Friday, excluding legal This listing is not intended to be
(FQPA). Registrations will be limited to holidays. The docket telephone number exhaustive, but rather provides a guide
the following States: Colorado, is (703) 305–5805. for readers regarding entities likely to be

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