83 FR 54691 - Indian Country: Air Quality Planning and Management; Federal Implementation Plan for the Kalispel Indian Community of the Kalispel Reservation, Washington; Redesignation to a PSD Class I Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 211 (October 31, 2018)
Federal Register Volume 83, Issue 211 (October 31, 2018)
| Page Range | 54691-54696 | |
| FR Document | 2018-23474 |
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)] [Proposed Rules] [Pages 54691-54696] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23474] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 49 and 52 [EPA-R10-OAR-2017-0347; FRL-9985-78-Region 10] Indian Country: Air Quality Planning and Management; Federal Implementation Plan for the Kalispel Indian Community of the Kalispel Reservation, Washington; Redesignation to a PSD Class I Area AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve and seek public comment on the May 11, 2017, proposal by the Kalispel Indian Community of the Kalispel Reservation (herein referred to as the Kalispel Tribe of Indians or Kalispel Tribe) to redesignate lands within the exterior boundaries of the Kalispel Indian Reservation located in the State of Washington to Class I under the [[Page 54692]] Clean Air Act (Act or CAA) program for the prevention of significant deterioration (PSD) of air quality. Redesignation to Class I will result in lowering the allowable increases in ambient concentrations of particulate matter (PM), sulfur dioxide (SO2 ), and nitrogen oxides (NOX ) on the Kalispel Indian Reservation. The EPA is proposing to codify the redesignation through a revision to the Federal Implementation Plan (FIP) currently in place for the Kalispel Indian Reservation. This FIP will be implemented by the EPA unless or until it is replaced by a Tribal Implementation Plan (TIP). DATES: Comments: Written comments must be received on or before December 14, 2018. Public hearing: A public hearing is offered to provide interested parties the opportunity to present information and opinions to the EPA concerning our proposal. Interested parties may also submit written comments, as discussed below. A public hearing on this matter will be held on December 6, 2018, between 6:00 p.m. and 9:00 p.m. Pacific Standard Time in the Newport Conference Room located in the Pend Oreille Public Utility District Building, 130 North Washington Street, Newport, Washington 83822. At the hearing, the hearing officer may limit oral testimony to 5 minutes per person. The hearing will be limited to the subject matter of this proposal, the scope of which is discussed below. Written comments may also be submitted at the hearing or by following the process described below. The EPA will not respond to comments during the public hearing. When we publish our final action, we will provide a written response to all relevant written or oral comments received on the proposal. The EPA will not be providing equipment for commenters to show overhead slides or make computerized slide presentations. A transcript of the hearing and written comments will be made available for copying during normal working hours at the address listed for inspection of documents, and also included in the docket for this proposed action. Any member of the public may provide written or oral comments and data pertaining to our proposal at the hearing. Note that any written comments and supporting information submitted during the comment period will be considered with the same weight as any oral comments presented at the public hearing. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10- OAR-2017-0347 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information, the disclosure of which is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Sandra Brozusky at (206) 553-5317, or [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to the EPA. Table of Contents I. Background II. Proposed Action III. Statutory and Executive Order Reviews IV. Statutory Authority I. Background Part C of the CAA contains the PSD program. The intent of this part is to prevent deterioration of existing air quality in areas having relatively clean air, i.e. areas meeting the National Ambient Air Quality Standards (NAAQS). The Act provides for three basic classifications applicable to all lands of the United States. Associated with each classification are increments which represent the increase in air pollutant concentrations that would be considered significant. PSD Class I allows the least amount of deterioration of existing air quality. PSD Class II allows a moderate amount of deterioration, while PSD Class III allows the greatest amount of deterioration. Under the 1977 Amendments to the Clean Air Act, all areas of the country that met the NAAQS were initially designated as Class II, except for certain international parks, wilderness areas, national memorial parks and national parks, and any other areas previously designated Class I. The Act allows states and Indian governing bodies to redesignate areas under their jurisdiction to PSD Class I or PSD Class III to accommodate the social, economic, and environmental needs and desires of the local population. On May 11, 2017, the Kalispel Tribe submitted to the EPA an official proposal to redesignate the original Kalispel Reservation from Class II to Class I. The original Kalispel Reservation was established by Executive Order No. 1904, signed by President Woodrow Wilson on March 23, 1914. A copy of this Executive Order is included in the docket for this proposed action. The Kalispel Tribe submitted a supplement to the official proposal on July 13, 2017. The Kalispel Reservation is located in the State of Washington. With their proposal and supplement, the Kalispel Tribe submitted an analysis of the impacts of the redesignation within and outside of the proposed Class I area, documentation of the delivery and publication of appropriate notices, a record of the public hearing held on April 10, 2017, and comments received by the Kalispel Tribe on the proposed redesignation. The following discusses the requirements for a redesignation and how the Kalispel Tribe complied with those requirements. A. Statutory and Regulatory Requirements for Redesignation Section 164 of the CAA and 40 CFR 52.21(g) outline the requirements for redesignation of areas under the PSD program. Section 164(c) of the CAA provides that the lands within the exterior boundaries of the reservations of Federally-recognized Indian tribes may be redesignated only by the appropriate Indian governing body. Under section 164(b)(2) of the CAA, Congress generally established a narrow role for the EPA in reviewing state and tribal PSD redesignations. Congress explained that the EPA may disapprove a redesignation only if it finds, after notice and opportunity for hearing, that the redesignation does not meet the procedural requirements of section 164 of the Act or it is inconsistent with section 162(a) or 164(a) of the CAA. See 42 U.S.C. 7474(b)(2). Section 162(a) of the Act establishes mandatory Class I areas and section 164(a) of the CAA identifies areas that may not be redesignated to Class III. See 42 U.S.C. 7472(a) & 7474(a). Because of the nature of the area proposed for redesignation to Class I, neither of these sections prohibit the proposed redesignation. The EPA is proposing this action in accordance with the requirements of section 164 of the CAA. In section 164 [[Page 54693]] of the Act, Congress provides states and tribes the ultimate authority to reclassify any lands within their borders as Class I based on the following statutory and regulatory requirements: (1) At least one public hearing must be held in accordance with procedures established in 40 CFR 51.102. See 40 CFR 52.21(g)(2)(i). (2) Other States, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation must be notified at least 30 days prior to the public hearing. See 40 CFR 52.21(g)(2)(ii). (3) At least 30 days prior to the Tribe's public hearing, a discussion of the reasons for the proposed redesignation including a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation must be prepared and made available for public inspection. See 40 CFR 52.21(g)(2)(iii). (4) Prior to the issuance of the public notice for a proposed redesignation of an area that includes Federal lands, the Tribe must provide written notice to the appropriate Federal Land Manager and afford an adequate opportunity for the Federal Land Manager to confer with the Tribe and submit written comments and recommendations. See 40 CFR 52.21(g)(2)(iv). (5) The proposal to redesignate has been made after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation. See 40 CFR 52.21(g)(2)(v). (6) Prior to proposing the redesignation, the Indian Governing Body must consult with the State(s) in which the Indian Reservation is located and that border the Indian Reservation. See 40 CFR 52.21(g)(4)(ii). (7) Following completion of the procedural steps and consultation, the Tribe must submit to the Administrator a proposal to redesignate the area. See 40 CFR 52.21(g)(4). B. Kalispel Tribe of Indians' Submittal The May 11, 2017, proposal for redesignation and the July 13, 2017, supplement, submitted by Mr. Glen Nenema, Chairman of the Kalispel Business Council, include evidence that all statutory and regulatory requirements for redesignation of an Indian Reservation from Class II to Class I have been met by the Kalispel Tribe of Indians. The Kalispel Tribe of Indians is a Federally-recognized Indian Tribe.\1\ The Kalispel Business Council is the Indian governing body for the Kalispel Indian Reservation and only lands within the exterior boundaries of the Reservation are proposed for redesignation. The EPA proposes to find that the Tribe's submittal demonstrates that the Tribe met the requirements for redesignation discussed above, as follows: --------------------------------------------------------------------------- \1\ 82 FR 4915, 4917 (Jan. 17, 2017). --------------------------------------------------------------------------- (1) At least one public hearing must be held in accordance with procedures established in 40 CFR 51.102. See 40 CFR 52.21(g)(2)(i). The Kalispel Tribe conducted a public hearing on April 10, 2017, at the Kalispel Tribe's Camas Center for Community Wellness in Cusik, Washington. Notice of the hearing appeared in the area newspaper on March 8, 2017, at least 30 days prior to the hearing. The notice appeared again in the same area newspaper on March 15, 2017. The newspaper notices contained the date, time, and place of the hearing. The notices also included instructions for submitting comments on the proposal. In addition, the newspaper notices informed the public of the availability of a report entitled ``Kalispel Indian Reservation Prevention of Significant Deterioration Program Class I Redesignation Technical Report, Usk, Washington'' (Technical Report). The contents of the Technical Report are discussed further in section I.B(3). The Kalispel Tribe provided notice of the hearing to the State of Washington Department of Ecology on March 6, 2017, and EPA Region 10 on March 8, 2017. The Kalispel Tribe's submittal includes a certification that the hearing was held in compliance with 40 CFR 51.102, as well as a transcript of the hearing, notices, invitations to consult, and copies of comments received. These documents are included in the docket for this proposed action. Accordingly, the EPA proposes to determine that the hearing held by the Kalispel Tribe satisfied the public hearing requirement in 40 CFR 52.21(g)(2)(i). (2) Other States, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation must be notified at least 30 days prior to the public hearing. See 40 CFR 52.21(g)(2)(ii). The Kalispel Tribe's submittal includes copies of letters sent to several entities potentially affected by the proposed redesignation. Specifically, on March 4, 2017, the Tribe sent letters to Jay Inslee, the Governor of Washington, Clement ``Butch'' Otter, the Governor of Idaho, Mike Marchand, Chair of the Confederated Tribes of the Colville Reservation Tribal Government, and Carol Evans, Chair of the Spokane Tribe of Indians Tribal Government. These letters invited the entities to consult with the Kalispel Tribe on the proposed redesignation. In addition, on March 6, 2017, the Kalispel Tribe sent similar letters to the Federal Land Managers for the Little Pend Oreille National Forest, Idaho Panhandle National Forest, Colville National Forest, as well as the Spokane Office of the Bureau of Land Management. None of the letter recipients requested consultation with the Kalispel Tribe regarding the proposal. As discussed in section I.B(1), the Kalispel Tribe also ran public service notices in the area newspaper on March 8, 2017 and March 15, 2017, announcing the public hearing. Based on the outreach to states, Indian governing bodies, and the Federal Land Managers whose lands may be affected by the proposed redesignation, the EPA proposes to determine that the Kalispel Tribe complied with the notice requirements of 40 CFR 52.21(g)(2)(ii). (3) At least 30 days prior to the Tribe's public hearing, a discussion of the reasons for the proposed redesignation including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation must be prepared and made available for public inspection. See 40 CFR 52.21(g)(2)(iii). In accordance with the requirement above, the Kalispel Tribe completed the Technical Report in February 2017. The Technical Report includes a description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation. At least 30 days prior to the public hearing, the Kalispel Tribe made the Technical Report available on its website, as well as in hard copy form at the Kalispel Tribal Headquarters in Cusick, Washington.\2\ In addition, the Kalispel Tribe's May 11, 2017, proposal included documentation that availability of the Technical Report was sent to appropriate state, local, and Federal officials at least 30 days prior to the hearing. --------------------------------------------------------------------------- \2\ https://www.kalispeltribe.com/kalispel-natural-resources-department/air-quality/airshed-redesignation. The Tribe's website also contains an Airshed FAQ and Class I Fact Sheet, which explain the basics of the PSD program, the reasons for the Tribe's proposal, as well as the potential effects if the Reservation is redesignated to Class I. --------------------------------------------------------------------------- The Technical Report includes analyses of the health, environmental, economic, social, and energy effects of the proposed redesignation. The Technical Report contains a detailed comparison of baseline conditions, including climate, air quality, fish and wildlife, human health, and socioeconomics, to anticipated conditions following the redesignation. Information sources used to derive baseline conditions in the Technical [[Page 54694]] Report include ambient air quality monitoring data, potential emissions from sources located in or near the Reservation, wildlife surveys, census data, and commuting patterns. The Technical Report analyzes how the proposed redesignation will impact the baseline conditions by addressing the anticipated health, environmental, economic, social, and energy effects. Specifically, the Technical Report discusses the health and environmental benefits of preserving the existing air quality in and around the Kalispel Reservation by assessing the adverse health effects of increased concentrations of criteria pollutants such as oxides of nitrogen and oxides of sulfur. The Technical Report also includes a discussion of the impact of redesignation on the current and anticipated future economic trends in the area. The Technical Report additionally describes the importance of maintaining good air quality to the social and cultural values and health of the Kalispel people. The Kalispel Tribe also commissioned two supplemental analyses to address the energy and socioeconomic impacts of reclassification. The supplemental energy impact analysis employed air dispersion modeling to simulate the impacts of redesignating the area to Class I on two hypothetical energy projects. According to the supplemental analysis, the expected emissions from either project would not interfere with maintaining the Class I PSD increments. Our analysis found that the air dispersion modeling was performed in compliance with the EPA Guideline on Air Quality Modeling codified at 40 CFR part 51, Appendix W. The EPA's analysis of the modeling conducted for the Technical Report is included the docket for this proposed action. These supplemental analyses were included as appendices to the Technical Report. The Technical Report and supplemental analyses are included in the docket for this proposed action. Based on the analyses discussed above, the Technical Report concludes that the redesignation will result in a reduction in future health problems for those residing in and around the Kalispel Reservation, enhanced protection for the health and cultural use of natural resources, and overall improved economic well-being with minimal damage to local economic vitality. Accordingly, we propose to determine that the Kalispel Tribe satisfied the requirement to make publicly available 30 days in advance of the public hearing a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation. (4) Prior to the issuance of the public notice for a proposed redesignation of an area that includes Federal lands, the Tribe must provide written notice to the appropriate Federal Land Manager (FLM) and afford an adequate opportunity for the FLM to confer with the Tribe and submit written comments and recommendations. See 40 CFR 52.21(g)(2)(iv). The Kalispel Tribe proposed to redesignate from Class II to Class I only those lands within the exterior boundaries of the Kalispel Indian Reservation. Therefore, the Kalispel Tribe is the Federal Land Manager for the lands subject to redesignation. Even so, as discussed in section I.B(2), the Kalispel Tribe offered several Forest Supervisors for neighboring National Forests the opportunity to confer prior to issuing the public notice. Therefore, we propose to determine that the Tribe has satisfied this requirement. (5) The proposal to redesignate has been made after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation. See 40 CFR 52.21(g)(2)(v). The regulation at 40 CFR 52.21(g)(2)(v) requires consultation with the elected leadership of the local and other substate general purpose government ``in the area covered by the proposed redesignation.'' The lands covered by the proposed redesignation lie wholly within the exterior boundaries of the Kalispel Indian Reservation. The Kalispel Business Council is the exclusive governing authority in the Kalispel Indian Reservation. There is no requirement for a finding on what areas may be affected by a proposed redesignation or notice to such government in such areas. Nevertheless, on March 6, 2017, the Kalispel Tribe sent a courtesy notice of the Tribe's intent to propose redesignation, as well as the date, time, and location for the public hearing and the availability of the Technical Report to several Pend Oreille County officials. The notice solicited the County's input on the proposed redesignation. The EPA is proposing to determine that the Kalispel Tribe satisfied the requirement to consult with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation prior to submitting the proposal. (6) Prior to proposing the redesignation, the Indian Governing Body must consult with the State(s) in which the Reservation is located and that border the Reservation. See 40 CFR 52.21(g)(4)(ii). The Kalispel Indian Reservation is located in the State of Washington. On March 4, 2017, the Kalispel Tribe sent a letter to the Governor of Washington inviting the State to consult with the Tribe on the proposal to redesignate the Kalispel Reservation to a Class I area. On the same date, the Tribe sent a similar letter to the Governor of Idaho, despite the fact that the Reservation does not border the State of Idaho. Neither the State of Washington, nor the State of Idaho requested consultation. Therefore, we are proposing to determine that the Kalispel Tribe satisfied this requirement. (7) Following completion of the procedural requirements, the Tribe must submit to the Administrator a proposal to redesignate the area. See 40 CFR 52.21(g)(4). On May 11, 2017, Glen Nenema, Chairman of the Kalispel Business Council, submitted to the EPA Region 10 Regional Administrator the Kalispel Tribe's proposal to redesignate the lands within the exterior boundaries of the Kalispel Indian Reservation to a Class I area under the CAA PSD program.\3\ Chairman Nenema supplemented the initial proposal on July 13, 2017. The Kalispel Business Council is the official governing body of the Kalispel Tribe. Therefore, the EPA proposes to determine that the Kalispel Tribe complied with the requirement that the Tribe submit to the Administrator a proposal to redesignate the area. --------------------------------------------------------------------------- \3\ EPA Delegation of Authority 7-164 authorizes the Regional Administrator of EPA Region 10 to propose or take final action on a FIP under Section 301(d) of the Clean Air Act that applies only in Indian Country in Region 10. --------------------------------------------------------------------------- II. Proposed Action The EPA's review has not found any procedural deficiencies associated with the Kalispel Tribe's proposal. Accordingly, pursuant to section 164 of the CAA and 40 CFR 52.21(g), the redesignation is hereby proposed for approval. The EPA is proposing to codify the redesignation through a revision to the FIP currently in place for the Kalispel Indian Reservation. See 40 CFR 49.10191-49.10220. This FIP will be implemented by the EPA unless or until it is replaced by a TIP. To ensure transparency, the EPA is also proposing a clarifying revision to the Washington State Implementation Plan at 40 CFR part 52 subpart WW, which would inform any party interested in Washington's significant deterioration of air quality provisions that the Kalispel Reservation is a Class I area for purposes of prevention of significant [[Page 54695]] deterioration of air quality. The public is invited to comment on whether the Kalispel Tribe has met all procedural requirements of section 164 of the CAA and 40 CFR 52.21(g), as well as the EPA's proposal to codify the redesignation through a revision to the FIP currently in place for the Kalispel Indian Reservation and proposed revision to the Washington State Implementation Plan. III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a ``significant regulatory action'' under the terms of the Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the E.O., and was not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. We are not proposing to promulgate any new paperwork requirements (e.g., monitoring, reporting, record keeping) as part of this proposed action. The regulation at 40 CFR 49.10198 incorporates by reference the Federal PSD program promulgated at 40 CFR 52.21. The Office of Management and Budget (OMB) has previously approved the information collection requirements contained in the existing regulations (40 CFR 52.21) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060-0003, EPA ICR number 1230.32. D. Regulatory Flexibility Act (RFA), as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq. The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedures Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For the purposes of assessing the impacts of this final action on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; or (3) a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field. I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This proposed action will not impose any new requirements on small entities. If finalized, this proposed action would redesignate to Class I only those lands within the exterior boundaries of the Kalispel Indian Reservation under the CAA's PSD program. The PSD permitting requirements already apply on the Reservation as well as the surrounding area. In addition, the PSD permitting requirements only apply to the construction of new major stationary sources or major modifications to existing major stationary sources. Therefore, the EPA does not anticipate this proposed action having a significant economic impact on a substantial number of small entities. E. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. This proposed action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The proposed action imposes no enforceable duty on any state, local, or tribal governments or the private sector. Nor does this action create additional requirements beyond those already applicable under the existing PSD permitting requirements. F. Executive Order 13132: Federalism This proposed action does not have Federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. This proposed action does not change the relationship between the states and the EPA regarding implementation of the PSD permitting requirements in the area. The EPA administers the PSD permitting requirements within the Kalispel Reservation. The States of Washington and Idaho administer the permitting requirements in the nearby areas. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This proposed action has tribal implications. However, it will neither impose substantial direct compliance cost on Federally- recognized tribal governments, nor preempt tribal law. The EPA is proposing this action in response to the Kalispel Tribe's proposal to redesignate the Kalispel Reservation from a Class II to a Class I area. If this proposed action is finalized, then major stationary sources proposed to be constructed within the boundaries of the Kalispel Reservation will be required to demonstrate that the source does not contribute to an exceedance of the lower PSD increments for Class I areas. Nonetheless, pursuant to the EPA Policy on Consultation and Coordination with Indian Tribes, the EPA consulted with tribal officials early in the process of developing this proposed action so that they could have meaningful and timely input into its development. The Kalispel Tribe submitted its proposal on May 11, 2017. Subsequent to receiving the submission, the EPA communicated and corresponded with the Tribe numerous times throughout the review process. H. Executive Order 13045: Protection of Children From Environmental Health & Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. Redesignation of the Kalispel Indian Reservation to Class I from Class II will reduce the allowable increase in ambient concentrations of various types of pollutants. The reduction of allowable increases in these pollutants can only be expected to better protect the health of tribal members, members of the surrounding communities, and especially children and asthmatics. See 78 FR 3086 (regarding the specific human health consequences of exposure to elevated levels of coarse and fine particles); 82 FR 34,792 (regarding the specific human [[Page 54696]] health consequences of exposure to elevated levels of nitrogen dioxide); 75 FR 35,520 (regarding the specific human health consequences of exposure to elevated levels of sulfur dioxide). I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer and Advancement Act This proposed action does not involve technical standards. This action merely proposes to redesignate the Kalispel Reservation as a Class I area for the purposes of the PSD permitting requirements. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this proposed action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). Prior to this proposal, the EPA reviewed population centers within and around the Kalispel Indian Reservation to identify areas with environmental justice concerns. The results of this review are included in the docket for this proposed action. Redesignating the Kalispel Indian Reservation will not have an adverse human health or environmental effect on residents within the Reservation or in the surrounding community. On the contrary, by lowering the applicable PSD increments, the redesignation will be more protective of air quality. The following pollutants are subject to the increment requirement: Fine Particulate Matter (PM2.5 ), Coarse Particulate Matter (PM10 ), Sulfur Dioxide (SO2 ), and Nitrogen Dioxide (NO2 ). Exposure to these pollutants is known to have a causal relationship with adverse health effects, such as premature mortality (PM2.5 , PM10 , SO2 ), exacerbation of asthma (NO2 and SO2 ), and other respiratory effects (NO2 and SO2 ). See 78 FR 3086, 82 FR 34,792, and 75 FR 35,520. Therefore, a reduction of the allowable emissions of these pollutants in this area lowers the risk to the surrounding communities of adverse health effects. IV. Statutory Authority The statutory authority for this proposed action is provided by sections 110, 301 and 164 of the CAA as amended (42 U.S.C. 7410, 7601, and 7474) and 40 CFR part 52. List of Subjects 40 CFR Part 49 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Indians, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 17, 2018. Chris Hladick, Regional Administrator, Region 10. For the reasons stated in the preamble, 40 CFR parts 49 and 52 are proposed to be amended as follows: PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT 0 1. The authority citation for part 49 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. Subpart M--Implementation Plans for Tribes--Region X 0 2. Revise Sec. 49.10198 to read as follows: Sec. 49.10198 Permits to construct. (a) Permits to construct are required for new major stationary sources and major modifications to existing stationary sources pursuant to 40 CFR 52.21. (b) In accordance with section 164 of the Clean Air Act and the provisions of 40 CFR 52.21(g), the original Kalispel Reservation, as established by Executive Order No. 1904, signed by President Woodrow Wilson on March 23, 1914, is designated as a Class I area for the purposes of prevention of significant deterioration of air quality. PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 3. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart WW--Washington 0 4. In Sec. 52.2497, add paragraph (d) to read as follows: Sec. 52.2497 Significant deterioration of air quality. * * * * * (d) The regulations at 40 CFR 49.10191 through 49.10220 contain the Federal Implementation Plan for the Kalispel Indian Community of the Kalispel Reservation, Washington. The regulation at 40 CFR 49.10198(b) designates the original Kalispel Reservation, as established by Executive Order No. 1904, signed by President Woodrow Wilson on March 23, 1914, as a Class I area for purposes of prevention of significant deterioration of air quality. [FR Doc. 2018-23474 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Proposed Rules 54691
OSTP, the disclosure of the requested factors in paragraphs (a)(1) and (2) of could effectively limit the scope of the
information is in the public interest. this section, the request is not primarily request in accordance with 5 U.S.C.
Disclosure is in the public interest if it in the commercial interest of the 552(a)(6)(B)(ii).
is likely to contribute significantly to requester. Data brokers or others who (3) If a court determines that
public understanding of government merely compile and market government exceptional circumstances exist, as
operations and is not primarily for information for direct economic return defined by the FOIA, then a failure to
commercial purposes. Requests for a will not be presumed to primarily serve comply with the time limits shall be
waiver or reduction of fees shall be the public interest. excused for the length of time provided
considered on a case by case basis. To (b) Timing of fee waivers. Requests for by the court order.
determine whether a fee waiver a waiver or reduction of fees should be
made when the request is first § 2402.11 Maintenance of statistics.
requirement is met, OSTP shall consider
the following factors: submitted to the agency and should (a) OSTP shall maintain records that
(1) Disclosure of the requested address the criteria referenced in are sufficient to allow accurate reporting
information would shed light on the paragraph (a) of this section. A requester of FOIA processing statistics, as
operations or activities of the may submit a fee waiver request at a required under 5 U.S.C. 552(e) and all
government. The subject of the request later time so long as the underlying guidelines for the preparation of annual
must concern identifiable operations or record request is pending or on FOIA reports issued by the Department
activities of the Federal Government administrative appeal. When a requester of Justice.
with a connection that is direct and who has committed to pay fees (b) OSTP shall annually, on or before
clear, not remote or attenuated. subsequently asks for a waiver of those February 1 of each year, prepare and
(2) Disclosure of the requested fees and that waiver is denied, the submit to the Attorney General an
information is likely to contribute requester must pay any costs incurred annual report compiling the statistics
significantly to public understanding of up to the date of the fee waiver request maintained in accordance with
those operations or activities. This was received. paragraph (a) of this section for the
factor is satisfied when the following (b) Clarification. Where OSTP has previous fiscal year. A copy of the
criteria are met: reasonable cause to doubt the use to report will be available for public
(i) Disclosure of the requested records which a requester will put the records inspection at the OSTP website.
must be meaningfully informative about sought, or where that use is not clear
government operations or activities. The § 2402.12 Disclaimer.
from the request itself, OSTP may seek
disclosure of information that already is clarification from the requester before Nothing in this part shall be
in the public domain, in either the same assigning the request to a specific construed to entitle any person, as a
or a substantially identical form, would category for fee assessment purposes. right, to any service or to the disclosure
not be meaningfully informative if (c) Restrictions on charging fees. of any record to which such person is
nothing new would be added to the Except as described in paragraphs (c)(1) not entitled under FOIA.
public’s understanding. through (3) of this section, if OSTP fails Ted Wackler,
(ii) The disclosure must contribute to to comply with the FOIA’s time limits Deputy Chief of Staff and Assistant Director.
the understanding of a reasonably broad for responding to a request, it may not
[FR Doc. 2018–23606 Filed 10–30–18; 8:45 am]
audience of persons interested in the charge search fees. In addition, subject
BILLING CODE 3270–F9–P
subject, as opposed to the individual to the exceptions set forth in (c)(1)
understanding of the requester. A through (3) of this section, if OSTP does
requester’s expertise in the subject area not comply with the FOIA’s time limits
as well as the requester’s ability and for responding to a request, it may not ENVIRONMENTAL PROTECTION
intention to effectively convey charge duplication fees when records AGENCY
information to the public must be are not sought for a commercial use and
40 CFR Parts 49 and 52
considered. OSTP will presume that a the request is made by an educational
representative of the news media will institution, non-commercial scientific [EPA–R10–OAR–2017–0347; FRL–9985–78–
satisfy this consideration. institution, or representative of the news Region 10]
(3) The disclosure must not be media.
primarily in the commercial interest of (1) If OSTP determines that unusual Indian Country: Air Quality Planning
the requester. To determine whether circumstances, as defined by the FOIA, and Management; Federal
disclosure of the requested information apply and provides timely written Implementation Plan for the Kalispel
is primarily in the commercial interest notice to the requester in accordance Indian Community of the Kalispel
of the requester, OSTP will consider the with the FOIA, then a failure to comply Reservation, Washington;
following criteria: with the statutory time limit shall be Redesignation to a PSD Class I Area
(i) OSTP will identify whether the excused for an additional 10 days. AGENCY: Environmental Protection
requester has any commercial interest (2) If OSTP determines that unusual Agency (EPA).
that would be furthered by the circumstances, as defined by the FOIA, ACTION: Proposed rule.
requested disclosure. A commercial apply and more than 5,000 pages are
interest includes any commercial, trade, necessary to respond to the request, SUMMARY: The Environmental Protection
or profit interest. Requesters are then OSTP may charge search fees and Agency (EPA) is proposing to approve
encouraged to provide explanatory duplication fees, where applicable, if and seek public comment on the May
amozie on DSK3GDR082PROD with PROPOSALS1
information regarding this the following steps are taken. OSTP 11, 2017, proposal by the Kalispel
consideration. must (1) provide timely written notice Indian Community of the Kalispel
(ii) If there is an identified of unusual circumstances to the Reservation (herein referred to as the
commercial interest, OSTP will requester in accordance with the FOIA; Kalispel Tribe of Indians or Kalispel
determine whether that is the primary and (2) discuss with the requester via Tribe) to redesignate lands within the
interest furthered by the request. OSTP written mail, email, or telephone (or exterior boundaries of the Kalispel
will ordinarily presume that when a made not less than three good-faith Indian Reservation located in the State
news media requester has satisfied attempts to do so) how the requester of Washington to Class I under the
VerDate Sep<11>2014 18:01 Oct 30, 2018 Jkt 247001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\31OCP1.SGM 31OCP1](https://thefederalregister.org/doc/83_FR_54902/page/1.svg)
![54696 Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Proposed Rules
health consequences of exposure to IV. Statutory Authority Subpart WW—Washington
elevated levels of nitrogen dioxide); 75 The statutory authority for this
FR 35,520 (regarding the specific human ■ 4. In § 52.2497, add paragraph (d) to
proposed action is provided by sections read as follows:
health consequences of exposure to 110, 301 and 164 of the CAA as
elevated levels of sulfur dioxide). amended (42 U.S.C. 7410, 7601, and § 52.2497 Significant deterioration of air
7474) and 40 CFR part 52. quality.
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply, * * * * *
List of Subjects
Distribution, or Use (d) The regulations at 40 CFR
40 CFR Part 49 49.10191 through 49.10220 contain the
This proposed action is not subject to Environmental protection, Federal Implementation Plan for the
Executive Order 13211, because it is not Administrative practice and procedure, Kalispel Indian Community of the
a significant regulatory action under Air pollution control, Incorporation by Kalispel Reservation, Washington. The
Executive Order 12866. reference, Indians, Intergovernmental regulation at 40 CFR 49.10198(b)
relations, Particulate matter, Reporting designates the original Kalispel
J. National Technology Transfer and Reservation, as established by Executive
Advancement Act and recordkeeping requirements.
Order No. 1904, signed by President
40 CFR Part 52 Woodrow Wilson on March 23, 1914, as
This proposed action does not involve
Environmental protection, Air a Class I area for purposes of prevention
technical standards. This action merely
pollution control, Incorporation by of significant deterioration of air quality.
proposes to redesignate the Kalispel
Reservation as a Class I area for the reference, Intergovernmental relations, [FR Doc. 2018–23474 Filed 10–30–18; 8:45 am]
purposes of the PSD permitting Lead, Nitrogen dioxide, Ozone, BILLING CODE 6560–50–P
requirements. Particulate matter, Reporting and
recordkeeping requirements, Sulfur
K. Executive Order 12898: Federal oxides, Volatile organic compounds. DEPARTMENT OF DEFENSE
Actions To Address Environmental Dated: October 17, 2018.
Justice in Minority Populations and Defense Acquisition Regulations
Chris Hladick,
Low-Income Populations System
Regional Administrator, Region 10.
The EPA believes that this proposed For the reasons stated in the 48 CFR Parts 206, 211, and 213
action does not have disproportionately preamble, 40 CFR parts 49 and 52 are
high and adverse human health or [Docket DARS–2018–0052]
proposed to be amended as follows:
environmental effects on minority RIN 0750–AJ50
populations, low-income populations PART 49—INDIAN COUNTRY: AIR
and/or indigenous peoples, as specified QUALITY PLANNING AND Defense Federal Acquisition
in Executive Order 12898 (59 FR 7629, MANAGEMENT Regulation Supplement: Brand Name
February 16, 1994). Prior to this or Equal (DFARS Case 2017–D040)
proposal, the EPA reviewed population ■ 1. The authority citation for part 49
continues to read as follows: AGENCY: Defense Acquisition
centers within and around the Kalispel Regulations System, Department of
Indian Reservation to identify areas Authority: 42 U.S.C. 7401, et seq. Defense (DoD).
with environmental justice concerns.
Subpart M—Implementation Plans for ACTION: Proposed rule.
The results of this review are included
in the docket for this proposed action. Tribes—Region X
SUMMARY: DoD is proposing to amend
Redesignating the Kalispel Indian ■ 2. Revise § 49.10198 to read as the Defense Federal Acquisition
Reservation will not have an adverse follows: Regulation Supplement (DFARS) to
human health or environmental effect implement a section of the National
§ 49.10198 Permits to construct. Defense Authorization Act for Fiscal
on residents within the Reservation or
in the surrounding community. On the (a) Permits to construct are required Year 2017 that requires the use of brand
contrary, by lowering the applicable for new major stationary sources and name or equivalent descriptions or
PSD increments, the redesignation will major modifications to existing proprietary specifications or standards
be more protective of air quality. The stationary sources pursuant to 40 CFR in solicitations to be justified and
following pollutants are subject to the 52.21. approved.
(b) In accordance with section 164 of
increment requirement: Fine Particulate DATES: Comments on the proposed rule
the Clean Air Act and the provisions of
Matter (PM2.5), Coarse Particulate Matter should be submitted in writing to the
40 CFR 52.21(g), the original Kalispel
(PM10), Sulfur Dioxide (SO2), and address shown below on or before
Reservation, as established by Executive
Nitrogen Dioxide (NO2). Exposure to December 31, 2018, to be considered in
Order No. 1904, signed by President
these pollutants is known to have a the formation of a final rule.
Woodrow Wilson on March 23, 1914, is
causal relationship with adverse health designated as a Class I area for the ADDRESSES: Submit comments
effects, such as premature mortality purposes of prevention of significant identified by DFARS Case 2017–D040,
(PM2.5, PM10, SO2), exacerbation of deterioration of air quality. using any of the following methods:
amozie on DSK3GDR082PROD with PROPOSALS1
asthma (NO2 and SO2), and other Æ Federal eRulemaking Portal: http://
respiratory effects (NO2 and SO2). See PART 52—APPROVAL AND www.regulations.gov. Search for
78 FR 3086, 82 FR 34,792, and 75 FR PROMULGATION OF ‘‘DFARS Case 2017–D040.’’ Select
35,520. Therefore, a reduction of the IMPLEMENTATION PLANS ‘‘Comment Now’’ and follow the
allowable emissions of these pollutants instructions provided to submit a
in this area lowers the risk to the ■ 3. The authority citation for part 52 comment. Please include ‘‘DFARS Case
surrounding communities of adverse continues to read as follows: 2017–D040’’ on any attached
health effects. Authority: 42 U.S.C. 7401 et seq. documents.
VerDate Sep<11>2014 18:01 Oct 30, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\31OCP1.SGM 31OCP1](https://thefederalregister.org/doc/83_FR_54902/page/6.svg)
Document Created: 2018-10-31 00:33:00
Document Modified: 2018-10-31 00:33:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments: Written comments must be received on or before December 14, 2018. | |
| Contact | Sandra Brozusky at (206) 553-5317, or [email protected] | |
| FR Citation | 83 FR 54691 | |
| CFR Citation | 40
CFR
49 40 CFR 52 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR