13390 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations

PART 73—SPECIAL USE AIRSPACE ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: AGENCY Ginger Vagenas, EPA Region IX, 415– ■ 1. The authority citation for part 73 972–3964, [email protected]. continues to read as follows: 40 CFR Part 52 SUPPLEMENTARY INFORMATION: Throughout this document, the terms Authority: 49 U.S.C. 106(f), 106(g), 40103, [EPA–R09–OAR–2016–0660; FRL–9958–80– ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean EPA. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Region 9] 1959–1963 Comp., p. 389. Approval of California Air Plan; Owens Table of Contents § 73.72 [Amended] Valley Serious Area Plan for the 1987 I. Summary of Proposed Action 24-Hour PM10 Standard II. Public Comments and the EPA’s Response ■ 2. § 73.72 is amended as follows: to Comments AGENCY: Environmental Protection III. EPA’s Final Action R–7201 Farallon De Medinilla Island, Agency (EPA). IV. Statutory and Executive Order Reviews Mariana Islands [Amended] ACTION: Final rule. I. Summary of Proposed Action By removing ‘‘Using agency. Commander, SUMMARY: The Environmental Protection On December 12, 2016, the EPA Naval Forces, Marianas,’’ and adding in its Agency (EPA) is taking final action to proposed to approve the Owens Valley place ‘‘Using agency. Commander, Joint approve a state implementation plan 2016 PM10 Plan, which the State of Region, Marianas.’’ (SIP) revision submitted by the State of California submitted on June 9, 2016, as R–7201A Farallon De Medinilla Island, California to meet Clean Air Act (CAA meeting all relevant statutory and Mariana Islands [New] or ‘‘Act’’) requirements applicable to the regulatory requirements under the CAA.1 As discussed in our proposed Boundaries. That airspace between a 3 NM Owens Valley PM10 nonattainment area radius and a 12 NM radius of lat. 16°01′04″ (NA). The Owens Valley PM10 NA is rule, the Owens Valley PM10 NA is a N., long. 146°03′31″ E. classified as a ‘‘Serious’’ nonattainment Serious PM10 nonattainment area that is Designated altitudes. Surface to FL 600. area for the national ambient air quality located in the southern portion of the Time of designation. By NOTAM 12 hours standards (NAAQS) for particulate Owens Valley in Inyo County, 2 in advance. matter of ten microns or less (PM10). The California. Controlling agency. FAA, Guam CERAP. submitted SIP revision is the ‘‘Great California’s obligation to submit the Using agency. Commander, Joint Region Basin Unified Air Pollution Control 2016 PM10 Plan was triggered by the Marianas. District 2016 Owens Valley Planning EPA’s June 6, 2007 finding that the Owens Valley PM10 NA had failed to Area PM10 State Implementation Plan’’ Issued in Washington, DC, on March 7, meet its December 31, 2006 deadline to (‘‘2016 PM10 Plan’’ or ‘‘Plan’’). The 2017. 3 State’s obligation to submit the 2016 attain the PM10 NAAQS. The CAA Gemechu Gelgelu, requires a Serious PM10 NA that fails to PM10 Plan was triggered by the EPA’s Acting Manager, Airspace Policy Group. 2007 finding that the Owens Valley meet its attainment deadline to submit a plan providing for attainment of the [FR Doc. 2017–04892 Filed 3–10–17; 8:45 am] PM10 NA had failed to meet its BILLING CODE 4910–13–P December 31, 2006, deadline to attain PM10 NAAQS and for an annual emission reduction in PM10 or PM10 the PM10 NAAQS. The CAA requires a precursors of not less than five percent Serious PM10 nonattainment area that fails to meet its attainment deadline to per year until attainment. Our December DEPARTMENT OF ENERGY submit a plan providing for attainment 12, 2016 proposed rule provides the background and rationale for this action. of the PM10 NAAQS and for an annual Federal Energy Regulatory reduction in PM10 emissions of not less II. Public Comments and the EPA’s Commission than five percent until attainment of the Response to Comments PM NAAQS. The EPA is approving the 10 The EPA provided a 30-day public 18 CFR Part 12 2016 PM Plan because it meets all 10 comment period on our proposed relevant statutory and regulatory action. The comment period ended on Safety of Water Power Projects and requirements. Project Works January 11, 2017. We received two DATES: This rule is effective on April 12, public comment letters: One from the CFR Correction 2017. Timbisha Shoshone Tribe and one from ADDRESSES: The EPA has established a the Big Pine Paiute Tribe of the Owens ■ In Title 18 of the Code of Federal docket for this action, identified by Valley. The submitted comment letters, Regulations, Parts 1 to 399, revised as of Docket ID Number EPA–R09–OAR– which we have summarized and April 1, 2016, the term ‘‘Energy Projects 2016–0660. The index to the docket is responded to below, are in our docket. Licensing’’ is replaced by the term available electronically at http:// Comment 1: The Timbisha Shoshone ‘‘Energy Projects’’ in the following www.regulations.gov or in hard copy at Tribe expressed its support for our locations: Page 214, § 12.2(a) and (b) and the EPA Region IX office, 75 Hawthorne approval of the 2016 PM10 Plan. § 12.3(b)(3); page 218, § 12.22(a)(1) Street, San Francisco, California. While Response 1: The EPA appreciates the introductory text and (a)(2) introductory all documents in the docket are listed in Timbisha Shoshone Tribe’s support of our approval. text; and page 221, § 12.31(e), § 12.33(a), the index, some information may be Comment 2: The Big Pine Paiute and § 12.34. publicly available only at the hard copy location (e.g., copyrighted material), and Tribe’s (‘‘Tribe’’) comment letter [FR Doc. 2017–04952 Filed 3–10–17; 8:45 am] some may not be publicly available in acknowledged the effectiveness of the BILLING CODE 1301–00–D either location (e.g., confidential 1 81 FR 89407. business information). To inspect the 2 The boundary of the Owens Valley PM10 hard copy materials, please schedule an nonattainment area is defined in 40 CFR 81.305 as appointment during normal business Hydrologic Unit #18090103. hours with the contact listed below. 3 72 FR 31183.

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dust control measures that have been Owens Lake Cultural Resources Task late.’’ As we expressed during our required under the 2016 PM10 Plan and Force (CRTF) was formed to address consultation teleconference, we the progress that has been made in cultural resources affected by the dust appreciate the concerns the Tribe improving air quality in the Owens control effort and make explained in consultation and in its Valley over the past 20 years. The recommendations on protection.’’ While comment letter. We also note that the Tribe’s comment letter did not raise any the Tribe views the formation of the Tribe generally supports our approval of objections to our determination that the CRTF as ‘‘too little too late,’’ it the 2016 PM10 Plan and its effect of Plan meets the CAA requirements or to acknowledges that ‘‘at least it is now an improved air quality and attainment of our approval of the 2016 PM10 Plan. The attempt to protect what remains and to the PM10 NAAQS. Tribe articulated a number of concerns pursue adequate compensatory regarding the broader context of the mitigation.’’ The Tribe recommends III. EPA’s Final Action historical events resulting in the continuation of the CRTF and expansion The EPA is approving the Serious area desiccation of the Owens Lake bed, of its scope beyond the Owens Lake bed. 2016 PM10 Plan submitted by the State which are discussed in our specific Finally, the Tribe requests the EPA’s of California for the Owens Valley PM10 responses below. participation on the CRTF. nonattainment area. Specifically, the Response 2: The EPA appreciates the Response 4: The EPA agrees that the EPA is approving the 2016 PM10 Plan Tribe’s acknowledgement of the CRTF has a significant role to play in with respect to the following CAA effectiveness of the dust control the preservation of cultural resources. requirements: Public notice and measures and agrees that the air quality We encourage all parties to continue involvement under section 110(a)(1); in the Owens Valley has improved these efforts. In consultation with the emissions inventories under section significantly over the past 20 years. CRTF, the EPA will consider the Tribe’s 172(c)(3); the control measures in Rule Comment 3: The Tribe considers the invitation to participate. 433 under section 110(k)(3) as meeting EPA’s action in this rulemaking to be Comment 5: The Tribe states that the the requirements of sections 110(a) and too narrow to address all of the laws that ‘‘are supposed to protect the 189(b)(1)(B); reasonable further progress environmental and cultural issues environment and allow for tribal and quantitative milestones under caused by Los Angeles Department of consultation are not always effective in section 189(c); the contingency measure Water and Power’s (LADWP) historic practice and thus often fail to truly in Rule 433 under section 172(c)(9); and and on-going diversion of water from protect the environment and foster the demonstration of attainment under the Owens Valley. The Tribe states that meaningful government to government section 189(b)(1)(A). The EPA is also the diversion of water from the Owens consultation.’’ The Tribe views the law approving the State’s request for an Lake bed should be defined as a protecting air quality as ‘‘strong’’ but extension of the attainment date to June ‘‘project’’ and therefore subject to the states that the law is ‘‘weaker when it 6, 2017, pursuant to CAA sections 188 California Environmental Quality Act comes to tribal consultation and and 179. (CEQA). protecting cultural resources.’’ The Response 3: The EPA understands the Tribe notes that it appreciated the EPA’s IV. Statutory and Executive Order Tribe’s concern with LADWP’s consultation teleconference on Reviews diversion of water from the Owens December 21, 2016, but that the Under the Clean Air Act, the Valley. The EPA’s role under the CAA, consultation was ‘‘too little too late.’’ Administrator is required to approve a however, is to review attainment plans Finally, the Tribe notes that ‘‘resources SIP submission that complies with the to determine their compliance with the important to tribes (and all people) provisions of the Act and applicable applicable provisions of the Act. If a should be protected under the public federal regulations. 42 U.S.C. 7410(k); plan meets those provisions, the CAA trust doctrine the same as air quality.’’ requires that we approve it so that it Response 5: The EPA acknowledges 40 CFR 52.02(a). Thus, in reviewing SIP becomes enforceable under the Act. the Tribe’s concerns and encourages all submissions, the EPA’s role is to Such approval ensures the control stakeholders to work together to address approve state choices, provided that measures adopted by a state will be the environmental and cultural issues they meet the criteria of the Clean Air implemented so that air quality will be highlighted by the Tribe. We take our Act. Accordingly, this final action improved and the NAAQS will be role in implementing the CAA and our merely approves State law as meeting attained. The EPA is finalizing our role in fostering timely and meaningful federal requirements and does not proposed approval of the 2016 PM consultation seriously. We consider our impose additional requirements beyond 10 those imposed by State law. For that Plan because it meets the requirements approval of the 2016 PM10 Plan as a critical step in protecting human health reason, this final action: of the CAA. • We also recognize the Tribe’s and the environment. We also believe Is not a ‘‘significant regulatory comment concerning the scope of the that, given the scope of this action, action’’ subject to review by the Office definition of a ‘‘project’’ under CEQA. consultation was timely and of Management and Budget under CEQA is a state law, and the EPA does appropriate. We invited the Tribe to Executive Order 12866 (58 FR 51735, not have a role in implementing it. consult with us on December 1, 2016, October 4, 1993); Comment 4: The Tribe commented and consultation was held on December • Does not impose an information that mitigation measures that have been 21, 2016. In this particular instance, we collection burden under the provisions implemented on the Owens Lake bed consulted with the Tribe regarding our of the Paperwork Reduction Act (44 may have resulted in the disruption or specific proposed action to approve the U.S.C. 3501 et seq.); • destruction of cultural sites and Owens Valley PM10 Plan as meeting all Is certified as not having a artifacts. The Tribe states that ‘‘sites requirements of the CAA. We significant economic impact on a previously regarded as not significant understand the Tribe’s view that substantial number of small entities (or ‘‘eligible’’ for the national or because the water diversions and under the Regulatory Flexibility Act (5 California register of historic resources) subsequent impacts began ‘‘decades U.S.C. 601 et seq.); were undoubtedly destroyed before they before the state or the nation had • Does not contain any unfunded were seen in their true context.’’ The environmentally protective laws’’ in mandate or significantly or uniquely Tribe notes that ‘‘relatively recently, the place, consultation is ‘‘too little, too affect small governments, as described

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in the Unfunded Mandates Reform Act the Administrator of this final rule does Report (May 2015)’’); and Appendix X– of 1995 (Pub. L. 104–4); not affect the finality of this action for 1 (‘‘Proposed Rule 433’’). • Does not have Federalism the purposes of judicial review nor does [FR Doc. 2017–04804 Filed 3–10–17; 8:45 am] implications as specified in Executive it extend the time within which a BILLING CODE 6560–50–P Order 13132 (64 FR 43255, August 10, petition for judicial review may be filed, 1999); and shall not postpone the effectiveness • Is not an economically significant of such rule or action. This action may ENVIRONMENTAL PROTECTION regulatory action based on health or not be challenged later in proceedings to AGENCY safety risks subject to Executive Order enforce its requirements (see section 13045 (62 FR 19885, April 23, 1997); 307(b)(2)). 40 CFR Part 52 • Is not a significant regulatory action List of Subjects in 40 CFR Part 52 subject to Executive Order 13211 (66 FR [EPA–R09–OAR–2016–0772; FRL–9958–21– 28355, May 22, 2001); Environmental protection, Air Region 9] • Is not subject to requirements of pollution control, Incorporation by section 12(d) of the National Determination of Attainment and reference, Intergovernmental relations, Technology Transfer and Advancement Approval of Base Year Emissions Particulate matter, Reporting and Act of 1995 (15 U.S.C. 272 note) because Inventories for the Imperial County, recordkeeping requirements. application of those requirements would California Fine Particulate Matter be inconsistent with the Clean Air Act; Authority: 42 U.S.C. 7401 et seq. Nonattainment Area and Dated: January 13, 2017. • AGENCY: Environmental Protection Does not provide the EPA with the Deborah Jordan, discretionary authority to address Agency (EPA). Acting Regional Administrator, Region IX. disproportionate human health or ACTION: Direct final rule. environmental effects with practical, Part 52, chapter I, title 40 of the Code appropriate, and legally permissible of Federal Regulations is amended as SUMMARY: The Environmental Protection methods under Executive Order 12898 follows: Agency (EPA) is determining that the (59 FR 7629, February 16, 1994). Imperial County, California Moderate In addition, the SIP is not approved PART 52—APPROVAL AND nonattainment area (‘‘the Imperial to apply on any Indian reservation land PROMULGATION OF County NA’’) has attained the 2006 24- or in any other area where the EPA or IMPLEMENTATION PLANS hour fine particulate matter (PM2.5) an Indian tribe has demonstrated that a national ambient air quality standard tribe has jurisdiction. In those areas of ■ 1. The authority citation for part 52 (NAAQS or ‘‘standard’’). This Indian country, the rule does not have continues to read as follows: determination, also known as a clean data determination (CDD), is based upon tribal implications and will not impose Authority: 42 U.S.C. 7401 et seq. substantial direct costs on tribal complete, quality-assured, and certified governments or preempt tribal law as Subpart F—California ambient air monitoring data showing specified by Executive Order 13175 (65 that the area has monitored attainment FR 67249, November 9, 2000). We ■ 2. Section 52.220 is amended by of the 2006 24-hour PM2.5 NAAQS based notified local tribes of our proposed revising paragraph (c)(483) introductory on the 2013–2015 data available in the approval and held two tribal text and by adding paragraph (c)(483)(ii) EPA’s Air Quality System database. As consultations during the comment to read as follows: a consequence of this determination of period. attainment, certain Clean Air Act (CAA) The Congressional Review Act, 5 § 52.220 Identification of plan—in part. requirements that apply to the Imperial U.S.C. 801 et seq., as added by the Small * * * * * County Air Pollution Control District Business Regulatory Enforcement (c) * * * (ICAPCD or ‘‘District’’) shall be Fairness Act of 1996, generally provides (483) The following plan was suspended for so long as the area that before a rule may take effect, the submitted on June 9, 2016, by the continues to meet the 2006 24-hour agency promulgating the rule must Governor’s designee. * * * PM2.5 NAAQS. The area remains submit a rule report, which includes a nonattainment for the 2012 annual (ii) Additional materials. copy of the rule, to each House of the PM2.5 NAAQS. The EPA is also Congress and to the Comptroller General (A) Great Basin Unified Air Pollution approving a revision to California’s state of the United States. The EPA will Control District (GBUAPCD). implementation plan (SIP) consisting of submit a report containing this action (1) ‘‘2016 Owens Valley Planning the 2008 emissions inventory for the and other required information to the Area PM10 State Implementation Plan,’’ Imperial County NA submitted by the U.S. Senate, the U.S. House of adopted April 13, 2016, excluding all of California Air Resources Board (CARB Representatives, and the Comptroller the following: Section 10.1 (‘‘Proposed or ‘‘State’’) on January 9, 2015. This General of the United States prior to Rule 433’’); Appendix I–1 (‘‘2006 action is being taken under the CAA. publication of the rule in the Federal Settlement Agreement’’); Appendix II–1 Elsewhere in this issue of the Federal Register. A major rule cannot take effect (‘‘2014 Stipulated Judgement’’); Register, we are proposing approval and until 60 days after it is published in the Appendices D (‘‘2008 GBUAPCD Board soliciting written comment on these Federal Register. This action is not a Order No. 080128–01’’), E (‘‘2013 actions. If we receive adverse comments ‘‘major rule’’ as defined by 5 U.S.C. GBUAPCD Board Order No. 130916– on this direct final rule that result in 804(2). 01’’), and F (‘‘GBUAPCD Fugitive Dust withdrawal of the entire rule or any Under section 307(b)(1) of the Clean Rules (400, 401, 402)’’) of Appendix V– part(s) of it, we will address those Air Act, petitions for judicial review of 1 (‘‘Owens Valley Planning Area 2016 comments when we finalize the this action must be filed in the United State Implementation Plan BACM proposal. The EPA does not plan to States Court of Appeals for the Assessment); Appendix VI–2 (‘‘Owens institute a second comment period on appropriate circuit by May 12, 2017. Lake Dust Mitigation Program Phase 9/ this action. Any parties interested in Filing a petition for reconsideration by 10 Project—Final Environmental Impact commenting must do so at this time.

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