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, 54691-54696 [2018-23474]
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[FR Doc. 2018–23606 Filed 10–30–18; 8:45 am]
BILLING CODE 3270–F9–P
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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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
SUMMARY:
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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://
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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
brozusky.sandra@epa.gov.
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
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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
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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
1 82
FR 4915, 4917 (Jan. 17, 2017).
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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) 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
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54693
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.
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
2 https://www.kalispeltribe.com/kalispel-naturalresources-department/air-quality/airshedredesignation. 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.
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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
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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
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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.
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
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.
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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.
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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
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17:15 Oct 30, 2018
Jkt 247001
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-forprofit 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
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Sfmt 4702
54695
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
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Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Proposed Rules
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.
amozie on DSK3GDR082PROD with PROPOSALS1
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
18:01 Oct 30, 2018
Jkt 247001
Subpart WW—Washington
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.
4. In § 52.2497, add paragraph (d) to
read as follows:
■
§ 52.2497
quality.
Significant deterioration of air
*
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.
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.
VerDate Sep<11>2014
IV. Statutory Authority
For the reasons stated in the
preamble, 40 CFR parts 49 and 52 are
proposed to be amended as follows:
*
*
*
*
(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
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 206, 211, and 213
[Docket DARS–2018–0052]
RIN 0750–AJ50
PART 49—INDIAN COUNTRY: AIR
QUALITY PLANNING AND
MANAGEMENT
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
2. Revise § 49.10198 to read as
follows:
■
§ 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
3. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Defense Federal Acquisition
Regulation Supplement: Brand Name
or Equal (DFARS Case 2017–D040)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a section of the National
Defense Authorization Act for Fiscal
Year 2017 that requires the use of brand
name or equivalent descriptions or
proprietary specifications or standards
in solicitations to be justified and
approved.
SUMMARY:
Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
December 31, 2018, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2017–D040,
using any of the following methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Search for
‘‘DFARS Case 2017–D040.’’ Select
‘‘Comment Now’’ and follow the
instructions provided to submit a
comment. Please include ‘‘DFARS Case
2017–D040’’ on any attached
documents.
DATES:
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]]>Agencies
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Proposed Rules]
[Pages 54691-54696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
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\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.
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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
