Designation of Areas for Air Quality Planning Purposes; California; Coachella Valley 8-Hour Ozone Nonattainment Area; Reclassification to Extreme, 32841-32845 [2019-14612]
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Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Rules and Regulations
effective or least burdensome alternative
that achieves the objectives of the rule.
This rule contains no Federal
mandates, as defined in Title II of
UMRA, for State, local, and Tribal
governments or the private sector.
Therefore, this rule is not subject to the
requirements of sections 202 and 205 of
UMRA.
Federal Assistance Programs
The title and number of the Federal
Domestic Assistance Program in the
Catalog of Federal Domestic Assistance,
to which this rule applies is 10.054—
Emergency Conservation Program.
Paperwork Reduction Act
In the accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520), this rule does not change the
information collection approved by
OMB under OMB control number 0560–
0082.
E-Government Act Compliance
FSA are committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
List of Subjects in 7 CFR Part 701
Disaster assistance, Environmental
protection, Forests and forest products,
Grant programs—agriculture, Grant
programs—natural resources, Reporting
and recordkeeping requirements, Rural
areas, Soil conservation, Water
resources, Wildlife.
For the reasons discussed above, FSA
amends 7 CFR part 701 as follows:
PART 701—EMERGENCY
CONSERVATION PROGRAM,
EMERGENCY FOREST RESTORATION
PROGRAM, AND CERTAIN RELATED
PROGRAMS PREVIOUSLY
ADMINISTERED UNDER THIS PART
■
§ 701.103 Eligible losses, objective, and
payments.
■
■
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*
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4. Amend § 701.126 as follows:
a. In paragraph (a), remove ‘‘lesser of
the participant’s total actual cost or of
the’’;
■ b. Revise paragraph (b); and
■ c. In paragraph (c), remove ‘‘shall’’
and adding ‘‘will’’ in its place.
The revision reads as follow.
■
■
■
1. The authority citation for part 701
continues to read as follows:
§ 701.126 Maximum cost-share
percentage.
Authority: 16 U.S.C. 2201–2206; Sec. 101,
Pub. L. 109–148, 119 Stat. 2747; and Pub.
L.111–212, 124 Stat. 2302.
*
Subpart B—Emergency Conservation
Program
2. In § 701.2, add definitions for
‘‘Commercial forest land’’,
‘‘Nonindustrial private forest land’’, and
‘‘Owners of nonindustrial private forest
land’’ in alphabetical order.
The additions read as follows:
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(b) * * *
Commercial forest land means forest
land with trees intended to be harvested
for commercial purposes that has a
productivity potential greater than or
equal to 20 cubic feet per year of
merchantable timber.
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*
*
*
Nonindustrial private forest land
means rural commercial forest lands
with existing tree cover, or which are
suitable for growing trees, that are
owned by a private non-industrial forest
landowner as defined in this section.
Owners of nonindustrial private forest
means, for purposes of the EFRP, an
individual, group, association,
corporation, Indian Tribe, or other legal
private entity owning nonindustrial
private forest land or who receives
concurrence from the landowner for
making the claim in lieu of the owner;
and, for practice implementation, the
one who holds a lease on the land for
a minimum of 10 years. Owners or
lessees principally engaged in the
primary processing of raw wood
products are excluded from this
definition. Owners of land leased to
lessees who would be excluded under
the previous sentence are also excluded.
■ 3. Amend § 701.103 as follows:
■ a. Revise section heading;
■ b. In paragraph (a), remove ‘‘or other’’
and add ‘‘wildfire, or other’’ in its place;
and
■ c. In paragraph (b), remove ‘‘wind’’
and add ‘‘wildfire, wind’’ in its place.
The revision reads as follows:
§ 701.2
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Definitions.
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[Amended]
5. Amend § 701.127 by removing
‘‘$200,000’’ and adding ‘‘$500,000’’ in
its place.
■
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6. Add § 701.128 to read as follows:
§ 718.128
fencing.
Repair or replacement of
(a) With respect to a payment to an
agricultural producer for the repair or
replacement of fencing, the agricultural
producer has the option of receiving up
to 25 percent of the projected payment,
determined based on the applicable
percentage of the fair market value of
the cost of the repair or replacement, as
determined by FSA before the
agricultural producer carries out the
repair or replacement.
(b) If the funds provided under
paragraph (a) of this section are not
spent by the agricultural producer
within 60 calendar days of the date on
which the agricultural producer receives
those funds, the funds must be returned
to FSA by a date determined by FSA.
(c) Payments made under this section
are subject to the availability of funds.
■ 7. Amend § 701.203 as follows:
■ a. Revise the section heading; and
■ b. In paragraph (a), remove ‘‘on or
after January 1, 2010,’’.
The revision reads as follow.
§ 701.203 Eligible measures, objectives,
and assistance.
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§ 701.205
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[Amended]
8. Amend § 701.205 paragraph (a)(2)
by removing ‘‘, which occurred on or
after January 01, 2010,’’.
■
§ 701.226
[Amended]
9. Amend § 701.226 as follows:
a. In paragraph (b), remove ‘‘A
person,’’ and add ‘‘A person, or legal
entity,’’ in its place and remove
‘‘disaster’’ and add ‘‘natural disaster’’ in
its place; and
■ b. Remove paragraph (c).
Steven Peterson,
Acting Administrator, Farm Service Agency.
[FR Doc. 2019–14346 Filed 7–9–19; 8:45 am]
BILLING CODE 3410–05–P
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(b) However, notwithstanding
paragraph (a) of this section, a producer
who is a limited resource, socially
disadvantaged, or beginning farmer or
rancher that participates in ECP may
receive up to 90 percent of the total
allowable costs expended to perform the
practice as determined under this part.
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§ 701.127
32841
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R09–OAR–2019–0840; FRL–9996–12–
Region 9]
Designation of Areas for Air Quality
Planning Purposes; California;
Coachella Valley 8-Hour Ozone
Nonattainment Area; Reclassification
to Extreme
Environmental Protection
Agency (EPA).
AGENCY:
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32842
ACTION:
Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Rules and Regulations
Final rule.
Under the Clean Air Act
(CAA or the ‘‘Act’’), the Environmental
Protection Agency (EPA) is granting a
request from the State of California to
reclassify the Coachella Valley ozone
nonattainment area from ‘‘Severe-15’’ to
‘‘Extreme’’ for the 1997 8-hour ozone
national ambient air quality standards
(NAAQS). This action does not
reclassify any areas of Indian country
within the boundaries of the Coachella
Valley 1997 ozone nonattainment area.
DATES: This rule is effective on July 10,
2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0840. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
For 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-epadockets.
SUMMARY:
Tom
Kelly, EPA Region IX, 75 Hawthorne St.,
San Francisco, CA 94105. By phone:
(415) 972–3856 or by email at
kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
FOR FURTHER INFORMATION CONTACT:
Table of Contents
I. Reclassification of Coachella Valley to
Extreme Ozone Nonattainment
II. Statutory and Executive Order Reviews
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I. Reclassification of Coachella Valley
to Extreme Ozone Nonattainment
Effective June 15, 2004, we classified
a portion of Riverside County (Coachella
Valley) under the CAA as ‘‘Serious’’ for
the 1997 8-hour ozone NAAQS.1 Our
classification of Coachella Valley as a
Serious ozone nonattainment area
established a requirement that the area
1 See
69 FR 23858 (April 30, 2004).
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attain the 1997 ozone NAAQS as
expeditiously as practicable, but no later
than eight years from designation, i.e.,
June 15, 2012. On November 28, 2007,
the California Air Resources Board
(CARB) requested that the EPA
reclassify the Coachella Valley
nonattainment area from Serious to
Severe-15. The EPA granted the
reclassification, effective June 4, 2010,
with an attainment date of not later than
June 15, 2019.2 On June 11, 2019, CARB
submitted a request that the EPA
reclassify the Coachella Valley area from
Severe-15 to Extreme for the 1997 ozone
NAAQS.
We are approving CARB’s
reclassification request under section
181(b)(3) of the Act, which provides for
‘‘voluntary reclassification.’’ 3 The
provision for voluntary reclassification
has been brought forward as part of the
transition from the 1-hour ozone
standard to the 1997 8-hour ozone
standard.4 Because the plain language of
section 181(b)(3) mandates that we
approve such a request, the EPA is
granting CARB’s request for voluntary
reclassification under section 181(b)(3)
for the Coachella Valley nonattainment
area for the 1997 ozone NAAQS, and the
EPA is reclassifying the area from
Severe-15 to Extreme. Because of this
action, the Coachella Valley must now
attain the 1997 ozone NAAQS as
expeditiously as practicable, but no later
than twenty years from the date of
designation as nonattainment, i.e., June
15, 2024. We will propose a schedule
for required plan submittals for
Coachella Valley under the new
classification in a separate action.
The EPA revoked the 1997 ozone
NAAQS with the promulgation of the
2008 ozone NAAQS,5 and certain
requirements of the 1997 ozone NAAQS
continue to apply as anti-backsliding
measures under CAA section 172(e).
The United States Court of Appeals for
the District of Columbia Circuit’s
decision in South Coast Air Quality
Management District v. EPA, 882 F.3d
1138 (D.C. Cir. 2018) (‘‘South Coast II’’)
recently addressed the EPA’s obligation
to reclassify areas for the revoked 1997
ozone NAAQS where those areas failed
to attain by their attainment date.6 The
75 FR 24409 (May 5, 2010).
U.S.C. 7511(b)(3).
4 See 40 CFR 51.903(b) (‘‘A State may request a
higher classification for any reason in accordance
with section 181(b)(3) of the CAA’’) and 40 CFR
51.903(a), Table 1.
5 80 FR 12263 (March 6, 2015).
6 South Coast Air Quality Management Dist. v.
EPA, 882 F.3d 1138, 1147–48 (D.C. Cir. 2018). The
term ‘‘South Coast II’’ is used in reference to the
2018 court decision to distinguish it from a decision
published in 2006 also referred to as ‘‘South Coast.’’
The earlier decision involved a challenge to the
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Court held that the EPA is required to
continue to reclassify areas that fail to
attain by the relevant attainment
deadlines because mandatory
reclassification under CAA section
181(b)(2) must be retained as an antibacksliding control after revocation.7
The Court did not address voluntary
reclassifications requested by states, but
such reclassifications are consistent
with the general scheme for
implementing CAA emissions controls
to achieve attainment and taking this
action will serve to clarify the area’s
anti-backsliding obligations with respect
to the revoked 1997 standards.
Within the geographic boundaries of
Coachella Valley is Indian country
under the jurisdiction of the Agua
Caliente Band of Cahuilla Indians, the
Augustine Band of Cahuilla Mission
Indians, the Cabazon Band of Mission
Indians, the Santa Rosa Band of
Cahuilla Indians, the Torres Martinez
Desert Cahuilla Indians, and the
Twenty-Nine Palms Band of Mission
Indians. Because the State of California
does not have jurisdiction over Indian
country located within its borders,
CARB’s request to reclassify the
Coachella Valley does not apply to these
areas of Indian country. The EPA
implements federal CAA programs,
including reclassifications, in Indian
country consistent with our
discretionary authority under sections
301(a) and 301(d)(4) of the CAA. The
EPA has not received a reclassification
request from any tribe with jurisdiction
within the Coachella Valley, and this
action does not reclassify any areas of
Indian country within the Coachella
Valley.8 In this action, we are adding
regulatory text to 40 CFR part 81 to
distinguish the areas of Indian country
that will retain the Severe-15
classification from the state areas that
are included in the reclassification to
Extreme.
The EPA has determined that this
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
EPA’s Phase 1 implementation rule for the 1997
ozone standard. South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006).
7 South Coast II, 882 F.3d at 1147–48.
8 The EPA has notified the Agua Caliente Band of
Cahuilla Indians, the Augustine Band of Cahuilla
Mission Indians, the Cabazon Band of Mission
Indians, the Santa Rosa Band of Cahuilla Indians,
the Torres Martinez Desert Cahuilla Indians, and
the Twenty-Nine Palms Band of Mission Indians of
CARB’s intention to seek a voluntary
reclassification, and we clarified that CARB’s
reclassification request includes only state lands
and that the EPA’s approval of the request will not
apply to Indian country.
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public participation where public notice
and comment procedures are
‘‘impracticable, unnecessary or contrary
to the public interest.’’ The EPA has
determined that public notice and
comment for this action is unnecessary
because our action to approve voluntary
reclassification requests under CAA
section 181(b)(3) is nondiscretionary
both in its issuance and in its content.
As such, notice and comment
rulemaking procedures would serve no
useful purpose.
The EPA also finds that there is good
cause under APA section 553(d)(3) for
this reclassification to become effective
on the date of publication. Section
553(d)(3) of the APA allows an effective
date of less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. This rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. The schedule for
required plan submittals for Coachella
Valley under the new classification will
be proposed in a separate action. For
this reason, the EPA finds good cause
under APA section 553(d)(3) for this
reclassification to become effective on
the date of publication.
II. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this final action
is not a ‘‘significant regulatory action’’
and therefore is not subject to Executive
Order 12866. This action is not an
Executive Order 13771 (82 FR 9339,
February 2, 2017) regulatory action
because it is not significant under
Executive Order 12866. With respect to
lands under state jurisdiction, voluntary
reclassifications under CAA section
181(b)(3) of the CAA are based solely
upon requests by the state, and the EPA
is required under the CAA to grant
them. These actions do not, in and of
themselves, impose any new
requirements on any sectors of the
economy. In addition, because the
statutory requirements are clearly
defined with respect to the differently
classified areas, and because those
requirements are automatically triggered
by reclassification, reclassification does
not impose a materially adverse impact
under Executive Order 12866. For these
reasons, this final action is also not
subject to Executive Order 13211,
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‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
In addition, I certify that this final
rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), and that this final rule does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4), because the EPA is
required to grant requests by states for
voluntary reclassifications and such
reclassifications in and of themselves do
not impose any federal
intergovernmental mandate, and
because tribes are not subject to
implementation plan submittal
deadlines that apply to states as a result
of reclassifications.
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
federal government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. This
reclassification action relates to ozone, a
pollutant that is regional in nature, and
is not the type of action that could result
in the types of local impacts addressed
in Executive Order 12898.
This final action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, nor
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This final action does
not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This rule also is not subject to
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
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32843
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because EPA interprets
Executive Order 13045 as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the Executive Order has the potential to
influence the regulation.
Reclassification actions do not
involve technical standards and thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act (CRA),
5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. This action is
subject to the CRA, and the EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. The CRA
allows the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and comment rulemaking procedures
are impracticable, unnecessary or
contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause
finding for this rule as discussed in
section I of this preamble, including the
basis for that finding. This action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 9,
2019. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone.
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Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Rules and Regulations
Dated: June 12, 2019.
Michael Stoker,
Regional Administrator, Region IX.
PART 81—DESIGNATION FOR AREAS
FOR AIR QUALITY PLANNING
PURPOSES
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart C—[Amended]
2. In § 81.305 the table entitled
‘‘California—1997 8-Hour Ozone
NAAQS (Primary and Secondary)’’ is
amended by revising the entry for
‘‘Riverside Co. (Coachella Valley), CA’’
and adding footnote g to read as follows:
■
§ 81.305
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California.
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CALIFORNIA—1997 8-HOUR OZONE NAAQS (PRIMARY AND SECONDARY)
Designation a
Category/classification
Designated area
Date 1
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Riverside Co. (Coachella Valley), CA:
Riverside County (part) g ................................................................................................
That portion of Riverside County which lies to the east of a line described as follows: Beginning at the Riverside-San Diego County boundary and running
north along the range line common to Range 4 East and Range 3 East, San
Bernardino Base and Meridian; then east along the Township line common to
Township 8 South and Township 7 South; then north along the range line
common to Range 5 East and Range 4 East; then west along the Township
line common to Township 6 South and Township 7 South to the southwest
corner of Section 34, Township 6 South, Range 4 East; then north along the
west boundaries of Sections 34, 27, 22, 15, 10, and 3, Township 6 South,
Range 4 East; then west along the Township line common to Township 5
South and Township 6 South; then north along the range line common to
Range 4 East and Range 3 East; then west along the south boundaries of
Sections 13, 14, 15, 16, 17, and 18, Township 5 South, Range 3 East; then
north along the range line common to Range 2 East and Range 3 East; to the
Riverside-San Bernardino County line.
And that portion of Riverside County which lies to the west of a line described
as follows: That segment of the southwestern boundary line of Hydrologic Unit
Number 18100100 within Riverside County, further described as follows: Beginning at the Riverside-Imperial County boundary and running north along the
range line common to Range 17 East and Range 16 East, San Bernardino
Base and Meridian; then northwest along the ridge line of the Chuckwalla
Mountains, through Township 8 South, Range 16 East and Township 7 South,
Range 16 East, until the Black Butte Mountain, elevation 4504′; then west and
northwest along the ridge line to the southwest corner of Township 5 South,
Range 14 East; then north along the range line common to Range 14 East
and Range 13 East; then west and northwest along the ridge line to Monument Mountain, elevation 4834′; then southwest and then northwest along the
ridge line of the Little San Bernardino Mountains to Quail Mountain, elev.
5814′; then northwest along the ridge line to the Riverside-San Bernardino
County line.
Agua Caliente Band of Cahuilla Indians of the Agua Caliente Indian Reservation e ....
Augustine Band of Cahuilla Indians e .............................................................................
Cabazon Band of Mission Indians e ...............................................................................
Santa Rosa Band of Cahuilla Indians e ..........................................................................
Torres Martinez Desert Cahuilla Indians e ......................................................................
Twenty-Nine Palms Band of Mission Indians of California e ..........................................
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Date 1
Type
*
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....................
Nonattainment ......
....................
....................
....................
....................
....................
....................
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
*
Type
*
......
......
......
......
......
......
*
a Includes
*
6/12/19
( 2)
( 2)
( 2)
( 2)
(2)
( 2)
Subpart 2/Extreme.
Subpart
Subpart
Subpart
Subpart
Subpart
Subpart
2/Severe-15.
2/Severe-15.
2/Severe-15.
2/Severe-15.
2/Severe-15.
2/Severe-15.
*
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Indian Country located in each county or area, except as otherwise specified.
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e Includes Indian country of the tribe listed in this table. Information pertaining to areas of Indian country in this table is intended for CAA planning purposes only
and is not an EPA determination of Indian country status or any Indian country boundary. The EPA lacks the authority to establish Indian country land status, and is
making no determination of Indian country boundaries, in this table.
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g Excludes Indian country of the Agua Caliente Band of Cahuilla Indians, the Augustine Band of Cahuilla Mission Indians, the Cabazon Band of Mission Indians, the
Santa Rosa Band of Cahuilla Indians, the Torres Martinez Desert Cahuilla Indians, and the Twenty-Nine Palms Band of Mission Indians in Riverside County.
1 This date is 30 days after November 13, 2009, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
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[FR Doc. 2019–14612 Filed 7–9–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8365
[LLCAC09400 L19200000.NU0000
XXXL1109RM LRORBX619900
(MO4500135321)]
Notice of Final Supplementary Rules
for Fort Ord National Monument,
California
Bureau of Land Management,
Interior.
ACTION: Final supplementary rules.
AGENCY:
The California State Director
of the Bureau of Land Management
(BLM) is issuing final supplementary
rules related to dog management and
other public safety issues on public
lands at Fort Ord National Monument
(FONM), California.
DATES: These rules are effective August
9, 2019.
ADDRESSES: You may submit inquiries
by mail, hand-delivery, or electronic
mail. Mail: FONM Manager, BLM,
Central Coast Field Office, 940 2nd
Avenue, Marina, CA 93933. Electronic
mail: blm_ca_fonm_dog_mgt_plan@
blm.gov.
SUMMARY:
Eric
Morgan, FONM Manager, Bureau of
Land Management, Central Coast Field
Office, 940 2nd Avenue, Marina, CA
93933, at telephone: 831–582–2200, or
email: emorgan@blm.gov. Persons who
use a telecommunications device for the
deaf may call the Federal Relay Service
at 800–877–8339 to contact Mr. Morgan
during normal business hours. The
Service is available 24 hours a day, 7
days a week, to leave a message or
question. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
jspears on DSK30JT082PROD with RULES
I. Background
The former Fort Ord military
installation closed in 1994. The
Secretary of the Army transferred
administration of part of the installation
to the Department of the Interior. In
2012, the lands became part of the
14,651 acre FONM pursuant to
Presidential Proclamation No. 8803. The
Army continues to manage
approximately 7,446 acres of the FONM
and will transfer those lands to the BLM
for administration following a
munitions cleanup being performed in
VerDate Sep<11>2014
15:49 Jul 09, 2019
Jkt 247001
accordance with the Comprehensive
Environmental Response,
Compensation, and Liability Act.
On December 5, 1996, the BLM issued
an emergency closure notice (61 FR
64530) that applied to former Fort Ord
lands that had been transferred to the
Department of the Interior.
On September 7, 2007, the BLM State
Director approved a Record of Decision
for the Southern Diablo Mountain Range
and Central Coast of California Resource
Management Plan (RMP). To protect
health and public safety from exposure
to munitions and to promote
coordination with local law
enforcement, that RMP directed the
BLM’s Central Coast Field Office to
develop a dog-management plan for the
FONM, which was completed in July
2016. As set forth later, these final rules
are consistent with both the 2016 dogmanagement plan and the 2007 RMP.
In addition to dog-management
provisions, these final supplementary
rules include revised versions of the
restrictions in the 1996 emergency
closure order. In these final
supplementary rules, the BLM is also
adopting some Monterey County
ordinances, in order to facilitate
cooperation between BLM rangers and
local law enforcement officials.
The BLM California State Director
proposed these supplementary rules in
the Federal Register on November 4,
2016 (81 FR 76905). The BLM received
no public comments in response.
II. Discussion
These supplementary rules are
necessary to support the mission of the
BLM to protect the natural resources of
the FONM, and to protect the health and
safety of those using the public lands.
The supplementary rules (see Section
IV) are broken into three categories.
Supplementary rules numbered 1
through 9 are new, and implement new
direction from the approved dogmanagement plan. Supplementary rules
10 through 15 are not completely new,
since they are revisions of previous
restrictions that were established in
1996 (see 61 FR 64530), and are
consistent with the national monument
proclamation of 2012 (i.e., Proclamation
8803), and the BLM 2007 RMP. Finally,
supplementary rules 16 and 17 are
existing Monterey County ordinances
that the BLM has adopted as
supplementary rules in order to
facilitate cooperation between BLM
rangers and local law enforcement
officials.
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Frm 00007
Fmt 4700
Sfmt 4700
32845
III. Procedural Matters
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
These final supplementary rules are
not a significant regulatory action and
are not subject to review by the Office
of Management and Budget under
Executive Orders 12866 and 13563.
They do not have an effect of $100
million or more on the economy. The
final supplementary rules do not
adversely affect in a material way the
economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities. The final
supplementary rules do not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency. The final
supplementary rules do not alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
or obligations of their recipients nor do
they raise novel legal or policy issues.
They merely impose rules of conduct
and impose other limitations on certain
recreational and commercial activities
on certain public lands to protect
natural resources and human health and
safety.
National Environmental Policy Act
The BLM prepared an environmental
assessment (EA) that analyzed different
dog-management alternatives on FONM
under Section 102(2)(C) of the National
Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4332(2)(C), pursuant
to 43 CFR 46.205(b) and 46.210(i). On
July 5, 2016, the BLM approved the
Final FONM Dog Management Plan and
associated EA (DOI–BLM–CA–C090–
2016–0021–EA) and Finding of No
Significant Impact (FONSI). All of the
final supplementary rules were
analyzed in the Dog Plan EA and
FONSI. The final supplementary rules
are also consistent with the Record of
Decision for the Southern Diablo
Mountain Range and Central Coast of
California RMP approved in 2007.
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act (RFA) of 1980, as
amended 5 U.S.C. 601–612, to ensure
that government regulations do not
unnecessarily or disproportionately
burden small entities. The RFA requires
a regulatory flexibility analysis if a rule
would have a significant economic
impact, either detrimental or beneficial,
on a substantial number of small
entities. The final supplementary rules
merely impose reasonable restrictions
on certain recreational activities on
public lands in order to protect natural
E:\FR\FM\10JYR1.SGM
10JYR1
Agencies
[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Rules and Regulations]
[Pages 32841-32845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14612]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2019-0840; FRL-9996-12-Region 9]
Designation of Areas for Air Quality Planning Purposes;
California; Coachella Valley 8-Hour Ozone Nonattainment Area;
Reclassification to Extreme
AGENCY: Environmental Protection Agency (EPA).
[[Page 32842]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Clean Air Act (CAA or the ``Act''), the
Environmental Protection Agency (EPA) is granting a request from the
State of California to reclassify the Coachella Valley ozone
nonattainment area from ``Severe-15'' to ``Extreme'' for the 1997 8-
hour ozone national ambient air quality standards (NAAQS). This action
does not reclassify any areas of Indian country within the boundaries
of the Coachella Valley 1997 ozone nonattainment area.
DATES: This rule is effective on July 10, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0840. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.
For 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: Tom Kelly, EPA Region IX, 75 Hawthorne
St., San Francisco, CA 94105. By phone: (415) 972-3856 or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Reclassification of Coachella Valley to Extreme Ozone
Nonattainment
II. Statutory and Executive Order Reviews
I. Reclassification of Coachella Valley to Extreme Ozone Nonattainment
Effective June 15, 2004, we classified a portion of Riverside
County (Coachella Valley) under the CAA as ``Serious'' for the 1997 8-
hour ozone NAAQS.\1\ Our classification of Coachella Valley as a
Serious ozone nonattainment area established a requirement that the
area attain the 1997 ozone NAAQS as expeditiously as practicable, but
no later than eight years from designation, i.e., June 15, 2012. On
November 28, 2007, the California Air Resources Board (CARB) requested
that the EPA reclassify the Coachella Valley nonattainment area from
Serious to Severe-15. The EPA granted the reclassification, effective
June 4, 2010, with an attainment date of not later than June 15,
2019.\2\ On June 11, 2019, CARB submitted a request that the EPA
reclassify the Coachella Valley area from Severe-15 to Extreme for the
1997 ozone NAAQS.
---------------------------------------------------------------------------
\1\ See 69 FR 23858 (April 30, 2004).
\2\ See 75 FR 24409 (May 5, 2010).
---------------------------------------------------------------------------
We are approving CARB's reclassification request under section
181(b)(3) of the Act, which provides for ``voluntary
reclassification.'' \3\ The provision for voluntary reclassification
has been brought forward as part of the transition from the 1-hour
ozone standard to the 1997 8-hour ozone standard.\4\ Because the plain
language of section 181(b)(3) mandates that we approve such a request,
the EPA is granting CARB's request for voluntary reclassification under
section 181(b)(3) for the Coachella Valley nonattainment area for the
1997 ozone NAAQS, and the EPA is reclassifying the area from Severe-15
to Extreme. Because of this action, the Coachella Valley must now
attain the 1997 ozone NAAQS as expeditiously as practicable, but no
later than twenty years from the date of designation as nonattainment,
i.e., June 15, 2024. We will propose a schedule for required plan
submittals for Coachella Valley under the new classification in a
separate action.
---------------------------------------------------------------------------
\3\ 42 U.S.C. 7511(b)(3).
\4\ See 40 CFR 51.903(b) (``A State may request a higher
classification for any reason in accordance with section 181(b)(3)
of the CAA'') and 40 CFR 51.903(a), Table 1.
---------------------------------------------------------------------------
The EPA revoked the 1997 ozone NAAQS with the promulgation of the
2008 ozone NAAQS,\5\ and certain requirements of the 1997 ozone NAAQS
continue to apply as anti-backsliding measures under CAA section
172(e). The United States Court of Appeals for the District of Columbia
Circuit's decision in South Coast Air Quality Management District v.
EPA, 882 F.3d 1138 (D.C. Cir. 2018) (``South Coast II'') recently
addressed the EPA's obligation to reclassify areas for the revoked 1997
ozone NAAQS where those areas failed to attain by their attainment
date.\6\ The Court held that the EPA is required to continue to
reclassify areas that fail to attain by the relevant attainment
deadlines because mandatory reclassification under CAA section
181(b)(2) must be retained as an anti-backsliding control after
revocation.\7\ The Court did not address voluntary reclassifications
requested by states, but such reclassifications are consistent with the
general scheme for implementing CAA emissions controls to achieve
attainment and taking this action will serve to clarify the area's
anti-backsliding obligations with respect to the revoked 1997
standards.
---------------------------------------------------------------------------
\5\ 80 FR 12263 (March 6, 2015).
\6\ South Coast Air Quality Management Dist. v. EPA, 882 F.3d
1138, 1147-48 (D.C. Cir. 2018). The term ``South Coast II'' is used
in reference to the 2018 court decision to distinguish it from a
decision published in 2006 also referred to as ``South Coast.'' The
earlier decision involved a challenge to the EPA's Phase 1
implementation rule for the 1997 ozone standard. South Coast Air
Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006).
\7\ South Coast II, 882 F.3d at 1147-48.
---------------------------------------------------------------------------
Within the geographic boundaries of Coachella Valley is Indian
country under the jurisdiction of the Agua Caliente Band of Cahuilla
Indians, the Augustine Band of Cahuilla Mission Indians, the Cabazon
Band of Mission Indians, the Santa Rosa Band of Cahuilla Indians, the
Torres Martinez Desert Cahuilla Indians, and the Twenty-Nine Palms Band
of Mission Indians. Because the State of California does not have
jurisdiction over Indian country located within its borders, CARB's
request to reclassify the Coachella Valley does not apply to these
areas of Indian country. The EPA implements federal CAA programs,
including reclassifications, in Indian country consistent with our
discretionary authority under sections 301(a) and 301(d)(4) of the CAA.
The EPA has not received a reclassification request from any tribe with
jurisdiction within the Coachella Valley, and this action does not
reclassify any areas of Indian country within the Coachella Valley.\8\
In this action, we are adding regulatory text to 40 CFR part 81 to
distinguish the areas of Indian country that will retain the Severe-15
classification from the state areas that are included in the
reclassification to Extreme.
---------------------------------------------------------------------------
\8\ The EPA has notified the Agua Caliente Band of Cahuilla
Indians, the Augustine Band of Cahuilla Mission Indians, the Cabazon
Band of Mission Indians, the Santa Rosa Band of Cahuilla Indians,
the Torres Martinez Desert Cahuilla Indians, and the Twenty-Nine
Palms Band of Mission Indians of CARB's intention to seek a
voluntary reclassification, and we clarified that CARB's
reclassification request includes only state lands and that the
EPA's approval of the request will not apply to Indian country.
---------------------------------------------------------------------------
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with
[[Page 32843]]
public participation where public notice and comment procedures are
``impracticable, unnecessary or contrary to the public interest.'' The
EPA has determined that public notice and comment for this action is
unnecessary because our action to approve voluntary reclassification
requests under CAA section 181(b)(3) is nondiscretionary both in its
issuance and in its content. As such, notice and comment rulemaking
procedures would serve no useful purpose.
The EPA also finds that there is good cause under APA section
553(d)(3) for this reclassification to become effective on the date of
publication. Section 553(d)(3) of the APA allows an effective date of
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' 5 U.S.C.
553(d)(3). The purpose of the 30-day waiting period prescribed in APA
section 553(d)(3) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
This rule, however, does not create any new regulatory requirements
such that affected parties would need time to prepare before the rule
takes effect. The schedule for required plan submittals for Coachella
Valley under the new classification will be proposed in a separate
action. For this reason, the EPA finds good cause under APA section
553(d)(3) for this reclassification to become effective on the date of
publication.
II. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final action is not a ``significant regulatory action'' and therefore
is not subject to Executive Order 12866. This action is not an
Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action
because it is not significant under Executive Order 12866. With respect
to lands under state jurisdiction, voluntary reclassifications under
CAA section 181(b)(3) of the CAA are based solely upon requests by the
state, and the EPA is required under the CAA to grant them. These
actions do not, in and of themselves, impose any new requirements on
any sectors of the economy. In addition, because the statutory
requirements are clearly defined with respect to the differently
classified areas, and because those requirements are automatically
triggered by reclassification, reclassification does not impose a
materially adverse impact under Executive Order 12866. For these
reasons, this final action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
In addition, I certify that this final rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and that
this final rule does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4), because the EPA is
required to grant requests by states for voluntary reclassifications
and such reclassifications in and of themselves do not impose any
federal intergovernmental mandate, and because tribes are not subject
to implementation plan submittal deadlines that apply to states as a
result of reclassifications.
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the federal government and Indian tribes, or
on the distribution of power and responsibilities between the federal
government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. This reclassification action relates
to ozone, a pollutant that is regional in nature, and is not the type
of action that could result in the types of local impacts addressed in
Executive Order 12898.
This final action also does not have Federalism implications
because it does not have substantial direct effects on the states, on
the relationship between the national government and the states, nor on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999). This final action does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because EPA interprets Executive
Order 13045 as applying only to those regulatory actions that concern
health or safety risks, such that the analysis required under section
5-501 of the Executive Order has the potential to influence the
regulation.
Reclassification actions do not involve technical standards and
thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. This action is subject to the CRA, and
the EPA will submit a rule report to each House of the Congress and to
the Comptroller General of the United States. The CRA allows the
issuing agency to make a rule effective sooner than otherwise provided
by the CRA if the agency makes a good cause finding that notice and
comment rulemaking procedures are impracticable, unnecessary or
contrary to the public interest (5 U.S.C. 808(2)). The EPA has made a
good cause finding for this rule as discussed in section I of this
preamble, including the basis for that finding. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 9, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone.
[[Page 32844]]
Dated: June 12, 2019.
Michael Stoker,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 81--DESIGNATION FOR AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--[Amended]
0
2. In Sec. 81.305 the table entitled ``California--1997 8-Hour Ozone
NAAQS (Primary and Secondary)'' is amended by revising the entry for
``Riverside Co. (Coachella Valley), CA'' and adding footnote g to read
as follows:
Sec. 81.305 California.
* * * * *
California--1997 8-Hour Ozone NAAQS (Primary and Secondary)
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Riverside Co. (Coachella
Valley), CA:
Riverside County (part) \g\. ........... Nonattainment.......... 6/12/19 Subpart 2/Extreme.
That portion of
Riverside County which
lies to the east of a
line described as
follows: Beginning at
the Riverside-San Diego
County boundary and
running north along the
range line common to
Range 4 East and Range
3 East, San Bernardino
Base and Meridian; then
east along the Township
line common to Township
8 South and Township 7
South; then north along
the range line common
to Range 5 East and
Range 4 East; then west
along the Township line
common to Township 6
South and Township 7
South to the southwest
corner of Section 34,
Township 6 South, Range
4 East; then north
along the west
boundaries of Sections
34, 27, 22, 15, 10, and
3, Township 6 South,
Range 4 East; then west
along the Township line
common to Township 5
South and Township 6
South; then north along
the range line common
to Range 4 East and
Range 3 East; then west
along the south
boundaries of Sections
13, 14, 15, 16, 17, and
18, Township 5 South,
Range 3 East; then
north along the range
line common to Range 2
East and Range 3 East;
to the Riverside-San
Bernardino County line.
And that portion of
Riverside County which
lies to the west of a
line described as
follows: That segment
of the southwestern
boundary line of
Hydrologic Unit Number
18100100 within
Riverside County,
further described as
follows: Beginning at
the Riverside-Imperial
County boundary and
running north along the
range line common to
Range 17 East and Range
16 East, San Bernardino
Base and Meridian; then
northwest along the
ridge line of the
Chuckwalla Mountains,
through Township 8
South, Range 16 East
and Township 7 South,
Range 16 East, until
the Black Butte
Mountain, elevation
4504'; then west and
northwest along the
ridge line to the
southwest corner of
Township 5 South, Range
14 East; then north
along the range line
common to Range 14 East
and Range 13 East; then
west and northwest
along the ridge line to
Monument Mountain,
elevation 4834'; then
southwest and then
northwest along the
ridge line of the
Little San Bernardino
Mountains to Quail
Mountain, elev. 5814';
then northwest along
the ridge line to the
Riverside-San
Bernardino County line.
Agua Caliente Band of ........... Nonattainment.......... (\2\) Subpart 2/Severe-15.
Cahuilla Indians of the
Agua Caliente Indian
Reservation \e\.
Augustine Band of Cahuilla ........... Nonattainment.......... (\2\) Subpart 2/Severe-15.
Indians \e\.
Cabazon Band of Mission ........... Nonattainment.......... (\2\) Subpart 2/Severe-15.
Indians \e\.
Santa Rosa Band of Cahuilla ........... Nonattainment.......... (\2\) Subpart 2/Severe-15.
Indians \e\.
Torres Martinez Desert ........... Nonattainment.......... (\2\) Subpart 2/Severe-15.
Cahuilla Indians \e\.
Twenty-Nine Palms Band of ........... Nonattainment.......... (\2\) Subpart 2/Severe-15.
Mission Indians of
California \e\.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
* * * * * * *
\e\ Includes Indian country of the tribe listed in this table. Information pertaining to areas of Indian country
in this table is intended for CAA planning purposes only and is not an EPA determination of Indian country
status or any Indian country boundary. The EPA lacks the authority to establish Indian country land status,
and is making no determination of Indian country boundaries, in this table.
* * * * * * *
\g\ Excludes Indian country of the Agua Caliente Band of Cahuilla Indians, the Augustine Band of Cahuilla
Mission Indians, the Cabazon Band of Mission Indians, the Santa Rosa Band of Cahuilla Indians, the Torres
Martinez Desert Cahuilla Indians, and the Twenty-Nine Palms Band of Mission Indians in Riverside County.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
[[Page 32845]]
* * * * *
[FR Doc. 2019-14612 Filed 7-9-19; 8:45 am]
BILLING CODE 6560-50-P