Federal Register / Vol. 64, No. 122 / Friday, June 25, 1999 / Proposed Rules 34173 effect of the modification, alteration, or repair 51–040, Revision 1, dated October 1, 1997; in DEPARTMENT OF THE INTERIOR on the unsafe condition addressed by this accordance with the applicable service AD; and, if the unsafe condition has not been bulletin listed under ‘‘Service Bulletin Bureau of Indian Affairs eliminated, the request should include Number, Revision, and Date’’ in Table II of specific proposed actions to address it. Lockheed Service Bulletin 093–51–040, 25 CFR Part 20 Compliance: Required as indicated, unless Revision 1. Except as provided by paragraph accomplished previously. (e) of this AD, install each modification at the RIN 1076±AD95 To prevent corrosion or fatigue cracking of later of the times specified in paragraphs certain structural elements, which could (d)(1) and (d)(2) of this AD. Such installation Financial Assistance and Social result in reduced structural integrity of the constitutes terminating action for the Services Programs airplane, accomplish the following: applicable structural inspection required by AGENCY: Bureau of Indian Affairs, paragraph (a) of this AD. Inspections Interior. Note 2: Installation of the terminating (a) Except as provided by paragraph (b) of modifications specified in Lockheed Service ACTION: Proposed rule; extension of this AD, perform structural inspections to Bulletin 093–53–268, Revision 1, dated July comment period. detect corrosion or fatigue cracking of certain 2, 1996, and Lockheed Service Bulletin 093– structural elements of the airplane, in SUMMARY: The comment period on the 53–272, dated November 12, 1996, does not accordance with the applicable service Bureau of Indian Affairs’ proposed rule bulletins listed under ‘‘Service Bulletin constitute terminating action for the repetitive inspection requirements of AD 99– to govern the Financial Assistance and Number, Revision, and Date’’ in Tables I and Social Services Program is hereby II of Lockheed Service Bulletin 093–51–040, 08–20, amendment 39–11128. Revision 1, dated October 1, 1997. Perform (1) Prior to the threshold specified in the extended to provide additional the initial inspections at the later of the times applicable service bulletin listed in Table II opportunity for public comment. In specified in paragraphs (a)(1) and (a)(2) of of Lockheed Service Bulletin 093–51–040, response to tribal requests for additional this AD. Thereafter, repeat each inspection at Revision 1. time, the comment period is extended an interval not to exceed that specified in the (2) Within 5 years or 5,000 flight cycles for 60 days. The proposed rule was applicable service bulletin. after the effective date of this AD, whichever published in the Federal Register on (1) Prior to the threshold specified in the occurs first. May 6, 1999 (64 FR 24296). individual service bulletin listed in Table I (e) At the later of the times specified in DATES: The comment period is extended or II of Lockheed Service Bulletin 093–51– paragraphs (e)(1) and (e)(2) of this AD: Install from July 6, 1999 to September 7, 1999. 040, Revision 1, as applicable. the terminating modification listed in (2) Within one repetitive interval after the Lockheed Service Bulletin 093–57–215, as ADDRESSES: Send comments to Bureau effective date of this AD, as specified in the referenced in Table II of Lockheed Service of Indian Affairs, Division of Social individual service bulletin listed in Table I Bulletin 093–51–040, Revision 1, dated Services, 1849 C Street, NW, MS–4660– or II of Lockheed Service Bulletin 093–51– October 1, 1997. Such installation constitutes MIB, Washington, DC 20240, or 040, Revision 1, as applicable. terminating action for the inspections telephone number (202) 208–2479. (b) The structural inspections specified in required by AD 98–10–14, amendment 39– FOR FURTHER INFORMATION CONTACT: Lockheed Service Bulletins 093–53–268, 10526. Larry Blair, Chief, Division of Social Revision 1, dated July 2, 1996, and 093–53– (1) Prior to the threshold specified in 272, Revision 1, dated March 17, 1997; as Lockheed Service Bulletin 093–57–203, Services, Bureau of Indian Affairs, 202– listed in Table II of Lockheed Service Revision 5, dated April 22, 1996. 208–2479. Bulletin 093–51–040, Revision 1, dated (2) Within 2 years or 2,000 flight cycles Dated: June 19, 1999. October 1, 1997; are not required by this AD. after the effective date of this AD, whichever Kevin Gover, The inspections specified in these service occurs first. bulletins are required by AD 99–08–20, Assistant Secretary—Indian Affairs. amendment 39–11128. Alternative Methods of Compliance [FR Doc. 99–16251 Filed 6–24–99; 8:45 am] Corrective Action (f) An alternative method of compliance or BILLING CODE 4310±02±M adjustment of the compliance time that (c) If any cracking is detected during any provides an acceptable level of safety may be inspection required by paragraph (a) of this used if approved by the Manager, Atlanta AD, prior to further flight, accomplish the ENVIRONMENTAL PROTECTION ACO. Operators shall submit their requests actions specified in paragraph (c)(1), (c)(2), AGENCY through an appropriate FAA Principal (c)(3), or (c)(4) of this AD. Maintenance Inspector, who may add (1) Repair in accordance with the 40 CFR Part 52 comments and then send it to the Manager, applicable service bulletin referenced in Atlanta ACO. [CA±221±158; FRL±6366±6] Table I or II of Lockheed Service Bulletin 093–51–040, Revision 1, dated October 1, Note 3: Information concerning the 1997. existence of approved alternative methods of Approval and Promulgation of (2) Repair in accordance with the compliance with this AD, if any, may be Implementation Plans; CaliforniaÐ applicable section of the Lockheed L–1011 obtained from the Atlanta ACO. Owens Valley Nonattainment Area; Structural Repair Manual. Special Flight Permits PM±10 (3) Accomplish the terminating modification in accordance with the (g) Special flight permits may be issued in AGENCY: Environmental Protection applicable service bulletin referenced in accordance with sections 21.197 and 21.199 Agency (EPA). Table I or II of Lockheed Service Bulletin of the Federal Aviation Regulations (14 CFR ACTION: Proposed rule. 093–51–040, Revision 1, dated October 1, 21.197 and 21.199) to operate the airplane to 1997. a location where the requirements of this AD SUMMARY: EPA is proposing to approve (4) Repair in accordance with a method can be accomplished. the State Implementation Plan (SIP) approved by the Manager, Atlanta Aircraft Issued in Renton, Washington, on June 18, submitted by the State of California for Certification Office (ACO), FAA, Small 1999. attaining the particulate matter (PM–10) Airplane Directorate. Kalene C. Yanamura, national ambient air quality standards Terminating Action Acting Manager, Transport Airplane (NAAQS) in the Owens Valley Planning Directorate, Aircraft Certification Service. (d) Install the terminating modification Area, along with the State’s request for referenced in each service bulletin listed in [FR Doc. 99–16157 Filed 6–24–99; 8:45 am] an extension to December 31, 2006 to Table II of Lockheed Service Bulletin 093– BILLING CODE 4910±13±U attain the PM–10 NAAQS in the area.

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EPA is proposing to approve the SIP data and PM–10 samples in the Owens Canyon, and Sequoia), 4 wilderness revision and extension request under Valley Planning Area during days when areas (Domeland, Golden Trout, John provisions of the Clean Air Act (CAA) violations are recorded shows that 94 Muir, and South Sierra), 1 national regarding EPA action on SIP submittals, percent of PM–10 concentrations come historic site (Manzanar), and 2 national SIPs for national primary and secondary from the Owens Lake bed and another forests (Inyo and Sequoia). Finally, standards, and plan requirements for 5 percent come from reentrained Owens Owens Lake dust events adversely affect nonattainment areas. Lake dust already deposited in the area. operations at China Lake Naval Air DATES: Written comments on this Annual PM–10 emissions from Owens Weapons Station, since many of the proposal must be received by July 9, Lake may exceed 400,000 tons, and dust Navy’s operations require good 1999. transport from the Lake can result in visibility. 4 violations of the 24–hour PM–10 ADDRESSES: Comments should be 2. The Owens Valley PM–10 Plan NAAQS more than 40 miles to the addressed to the EPA contact below. South. 2 On November 16, 1998, after over a Copies of the State’s submittal and other Approximately 40,000 permanent decade of planning, research, analysis, information are contained in the docket residents live in the area affected by and negotiation, the Governing Board of for this rulemaking. The docket is Owens Lake particulate emissions. the Great Basin Unified Air Pollution available for inspection during normal Included in this number are members of Control District (‘‘the District’’) business hours at the following location: 4 tribes: the Lone Pine Paiute/Shoshone unanimously adopted the 1998 Revision U. S. Environmental Protection Tribe, the Fort Independence Tribe, the to the Owens Valley PM–10 Planning Agency, Region 9, Air Division, 75 Big Pine Tribe, and the Bishop Tribe. Area Demonstration of Attainment State Hawthorne Street, San Francisco, CA Residents and visitors to the area suffer Implementation Plan (‘‘the 1998 SIP’’ or 94105–3901. the health effects from high PM–10 ‘‘the plan’’). While the District was Copies of the SIP materials are also concentrations, including lung damage, principally responsible for the plan, available for inspection at the addresses increased respiratory disease, and there were many participants in the listed below: premature death. Children, the elderly, planning process, including the California Air Resources Board, 2020 and people suffering from heart and California Air Resources Board (CARB), L Street, P.O. Box 2815, Sacramento, CA lung disease, such as asthma, are LADWP, the City of Los Angeles, the 95814. especially at risk. Moreover, the dust tribal governments, Federal land Great Basin Unified Air Pollution from the lake bed contains carcinogenic managers, the Navy, the State Lands Control District, 157 Short Street, Suite compounds, including arsenic, nickel, Commission, and members of the 6, Bishop, CA 93514. and cadmium. 3 public. FOR FURTHER INFORMATION CONTACT: Elevated levels of Owens Valley In preparing the 1998 SIP, the District Larry Biland, U. S. Environmental particulate matter harm visibility and and the other plan participants Protection Agency, Region 9, Air vegetation as far as 150 miles away. confronted one of the most challenging Division (AIR–2), 75 Hawthorne Street, Included in the impact area are 3 air quality problems: how to reduce San Francisco, CA 94105–3901, (415) national parks (Death Valley, Kings peak PM–10 concentrations from almost 744–1227. 4000 micrograms per cubic meter (ug/ SUPPLEMENTARY INFORMATION: over a 3-year period does not exceed 50 micrograms m3) to the 24-hour NAAQS of 150 ug/ per cubic meter (ug/m3). The 24–hour PM–10 m3. 5 While the origin of the PM–10 I. Background standard of 150 ug/m3 is attained if samples taken problem was well understood—the for 24–hour periods have no more than one A. Executive Summary expected exceedance per year, averaged over 3 draining of Owens Lake by the City of years. See 40 CFR 50.6 and 40 CFR part 50, Los Angeles in the early part of this 1. The Particulate Matter Problem in appendix K. century, and continued LADWP Owens Valley On July 18, 1997, EPA reaffirmed the annual PM– withdrawals from Owens River—the 10 standard, and slightly revised the 24–hour PM– Owens Lake is located in Inyo County 10 standard (62 FR 38651). In the same action, EPA solution to the problem, particularly in eastern-central California. The lake is also established two new standards for PM, both over the relatively short time allowed part of a chain of lakes formed during applying only to particulate matter up to 2.5 under the CAA, proved controversial. microns in diameter (PM–2.5). Among the unique complexities of the the late Pleistocene Epoch. In 1913, the This SIP submittal addresses the 24–hour and Owens Valley PM–10 planning process Los Angeles Department of Water and annual PM–10 standards as originally promulgated. are the competing authorities and Power (LADWP) completed an aqueduct A recent opinion issued by the U.S. Court of responsibilities of the District to protect system and began diverting the waters Appeals for the D.C. Circuit in American Trucking Assoc., Inc., et al. v. USEPA, No. 97–1440 (May 14, Owens Valley residents from the of the Owens River to the City of Los 1999), among other things, vacated the new harmful effects of air pollution and the Angeles. By 1930, these diversions had standards for PM–10 that were published on July City of Los Angeles to provide its 18, 1997 and became effective September 16, 1997. drained Owens Lake almost completely residents with an adequate water dry. However, the PM–10 standards promulgated on July 1, 1987 were not an issue in this litigation, and the supply. Strong winds over the dry, alkaline Court’s decision does not affect the applicability of In 1983, the California Legislature bed of Owens Lake have produced those standards in this area. Codification of those attempted to resolve these contentious among the highest measured standards continues to be recorded at 40 CFR 50.6. issues by enacting Senate Bill 270 concentrations of PM–10 ever recorded, In the notice promulgating the new PM–10 standards, the EPA Administrator decided that the (California Health and Safety Code more than 25 times the federal 24–hour previous PM–10 standards that were promulgated section 42316). This law has the 1 standard. Analysis of meteorological on July 1, 1987, and provisions associated with following provisions: them, would continue to apply in areas subject to (a) it exempts water-gathering 1 the 1987 PM–10 standards until certain conditions EPA revised the NAAQS for particulate matter operations from State air quality permit on July 1, 1987 (52 FR 24672), replacing standards specified in 40 CFR 50.6(d) are met. See 62 FR for total suspended particulates with new standards 38701. EPA has not taken any action under 40 CFR regulations; applying only to particulate matter up to 10 50.6(d) for the Owens Valley Planning Area. microns in diameter (PM–10). At that time, EPA 2 Owens Valley PM–10 Planning Area 4 1998 SIP, pp. 3–13 through 3–15. established two PM–10 standards. The annual PM– Demonstration of Attainment State Implementation 5 A 24-hour PM–10 concentration of 3,929 ug/m3 10 standard is attained when the expected annual Plan (‘‘1998 SIP’’), pp. S–5 and S–3. was recorded at Keeler on April 13, 1995 (1998 SIP, arithmetic mean of the 24–hour samples averaged 3 1998 SIP, pp. S–3 and 3–12. p. A1–27).

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(b) it provides that the City of Los As discussed below, EPA proposes to (March 15, 1991). The boundaries of the Angeles must fund control measure approve this SIP as a critically Owens Valley nonattainment area development and must implement important blueprint for clean air in one (Hydrologic Unit #18090103) are reasonable measures ordered by the of the country’s most difficult PM–10 codified at 40 CFR 81.305. District to mitigate the impacts of its nonattainment areas. Primary credit for Once an area is designated water diversion activities at Owens this remarkable achievement is shared nonattainment, section 188 of the CAA Lake, on the basis of substantial by the District and LADWP, and outlines the process for classification of evidence establishing that the City’s successful plan implementation will the area and establishes the area’s activities cause or contribute to require that both agencies continue to attainment date. In accordance with violations of federal or State air quality work effectively together. However, the section 188(a), at the time of standards; other participating members of the designation, all PM–10 nonattainment (c) it prevents the District from public and the State’s air pollution areas, including Owens Valley, were mandating measures that affect the professionals should also be initially classified as moderate by City’s right to produce, divert, store, or commended for assisting in the operation of law. Section 188(b)(1) of convey water; and identification and refinement of the the Act further provides that moderate (d) it provides opportunities for the control approaches included in the areas can subsequently be reclassified as City to appeal to CARB any measures or plan, and their continued involvement serious before the applicable moderate fees imposed by the District. will be vital as the plan is carried area attainment date if at any time EPA determines that the area cannot Before settling on the 3 primary forward and evolves in the future. ‘‘practicably’’ attain the PM–10 NAAQS control measures in the plan, the B. CAA Requirements by this attainment date. District examined many strategies but The Federal CAA was substantially CARB submitted a moderate area PM– found them not to be feasible or amended in 1990 to establish new 10 SIP for Owens Valley on January 9, effective in significantly reducing dust planning requirements and attainment 1992. Based on this submittal, EPA emissions from the lake bed. Rejected deadlines for the NAAQS. The most determined on January 8, 1993, that measures include use of sprinklers, fundamental of these nonattainment Owens Valley could not practicably chemical dust suppressants, surface area provisions applicable to Owens attain by the applicable attainment compaction, sand fences, and brush Valley is the requirement that the State deadline for moderate areas (December fences. submit a SIP demonstrating attainment 31, 1994, per section 188(c)(1) of the In cooperation with LADWP, the of the PM–10 NAAQS. This Act), and reclassified Owens Valley as District designed and issued a unique demonstration must be based upon serious (58 FR 3334). In accordance order to the City. 6 The order requires enforceable measures to achieve with section 189(b)(2) of the Act, the the City to implement 3 measures: emission reductions leading to applicable deadline for submittal of a shallow flooding, managed vegetation, emissions at or below the level SIP for Owens Valley addressing the and application of gravel cover. The predicted to result in attainment of the requirements for serious PM–10 order further provides that NAAQS throughout the nonattainment nonattainment areas in section 189(b) implementation will proceed in 2 area. The measures must meet the and (c) of the Act is February 8, 1997— increments, each divided into 3 phases, standard for Best Available Control 4 years after the effective date of the and covering the period 1999 through Measures (BACM), and the measures reclassification (58 FR 3340–1). 2006. must be implemented expeditiously and D. Adoption and Submittal of the 1998 Although small scale tests have been ensure attainment no later than the SIP performed, the plan’s technically applicable CAA deadline. difficult dust controls have never been EPA has issued a ‘‘General Preamble’’ Because of controversy regarding applied over an area the size of the describing the Agency’s preliminary appropriate control requirements, the Owens Lake project—a 35-square mile views on how EPA intends to act on plan was not adopted until November control area within the 110-square mile SIPs submitted under Title I of the Act. 16, 1998. Following adoption by the lake bed. 7 For this reason, the order See 57 FR 13498 (April 16, 1992), 57 FR District, CARB also adopted the 1998 provides that the District will 18070 (April 28, 1992). EPA later issued SIP and submitted it to EPA on periodically assess the actual an Addendum to the General Preamble December 10, 1998. On February 2, effectiveness of the controls, and will providing guidance on SIP requirements 1999, EPA deemed the submittal revise the SIP by December 31, 2003, to for serious PM–10 areas. 59 FR 41998 complete.8 incorporate the knowledge gained by (August 16, 1994). The reader should Both the District and CARB satisfied previous implementation of control refer to these documents for a more applicable statutory and regulatory measures, in order to ensure sufficient detailed discussion of EPA’s requirements for reasonable public reductions to attain the NAAQS by preliminary interpretations of Title I notice and hearing prior to adoption of 2006. EPA agrees with the District and requirements. In this proposed the plan. The District conducted the City that this empirical approach is rulemaking action, EPA applies these numerous public workshops and appropriate in view of the area’s policies to the Owens Valley PM–10 SIP properly noticed the public hearing at challenging control strategies and submittal, taking into consideration the which the plan was adopted. The SIP unique emission reduction specific factual issues presented. submittal includes proof of publication requirements. for notices of the public hearing. C. Designation and Classification Therefore, EPA proposes to approve the 1998 SIP as meeting the public notice 6 Great Basin Unified Air Pollution Control On the date of enactment of the 1990 District Board Order #981116–01, November 16, CAA Amendments, PM–10 areas, and involvement requirements of 1998, adopted as part of Governing Board including the Owens Valley Planning section 110(a)(1) of the CAA. Resolution No. 98–05. The order and control Area, meeting the qualifications of measures are discussed in more detail below, in 8 section 107(d)(4)(B) of the amended Act, EPA adopted the completeness criteria on section I.F. February 16, 1990 (55 FR 5830) and, pursuant to 7 The SIP control measures are discussed in detail were designated nonattainment by section 110(k)(1)(A) of the CAA, revised the criteria in section I.F., below. operation of law. See 56 FR 11101 on August 26, 1991 (56 FR 42216).

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E. Emissions Inventories a. Shallow Flooding Saltgrass stands can subsist with The plan includes 1995 baseline This control measure consists of minimal amounts of applied water emissions inventories for peak 24-hour releasing water along the upper edge of during the summer. Dust control and annual emissions in tons per day. the Owens Lake bed and allowing it to effectiveness should remain The inventory covers the expected spread and flow down-gradient toward undiminished, provided that adequate control area for the plan, the southern the center of the lake. To attain the irrigation has stimulated plant growth half of the nonattainment area, which required PM–10 control efficiency, the and has delivered stored water in the includes all sources that have been District concludes that at least 75 rooting zone during the spring months. Biological, mechanical, and chemical found to contribute to PM–10 violations. percent of each square mile of the control methods will be used to remove Because future emissions are not control area must be wetted to produce expected to change significantly in this pest plants and noxious grasses. standing water or surface saturated soil, Program implementation will require rural and relatively undeveloped area, between September 15 and June 15 of construction of earthen infrastructure the attainment year inventories are each year. The District estimates that a for water distribution, including assumed to be identical to the 1995 maximum of 4 acre-feet of water is ditches, berms, channels, and reservoirs inventories. required annually to control PM–10 that allow for level border irrigation The peak 24-hour PM–10 inventory emissions from an acre of lake bed. strategies that leach and drain readily includes 8,346 tons per day (tpd) from To maximize project water use through the fractured structure of the wind erosion on the exposed Owens dry efficiency, flows to the control area will soil. The drainage system will be lake bed; 516 tpd from off-lake sources be precisely regulated so that only the designed and constructed to allow for of lake bed dust; and 42 tpd from exact amount of water is released to mixing of fresh water and saline drain prescribed burning. The Owens Valley keep the soil wet. Although the quantity water to achieve an ideal irrigation inventory has insignificant emissions of excess water will be minimized salinity. This will serve to maintain a from major source categories in typical through system operation, any water downward gradient of salts in the PM–10 nonattainment areas, including that does reach the lower end of the rooting column of the soil in order to reentrained dust from motor vehicles control area will be collected in berms prevent salt from the shallow water (0.15 tpd unpaved roads, 0.19 paved keyed into lake bed sediments and table from rising into the rooting zone roads), residential wood burning (0.24 pumped back to the outlets to be reused. by capillary action. The drainage system tpd), and industrial facilities (0.23 tpd, Shallow flooding will require the City must also be managed to prevent the plus a proposed soda ash project to construct a large-scale water rise of the water table into the rooting projected to emit 0.51 tpd). Secondary transmission, distribution, and outlet zone. Finally, the project will involve aerosols are also insignificant PM–10 infrastructure; electrical power lines; construction of special areas for sources in Owens Valley, and so the access roads; and water control berms. saturated evaporite deposits. inventories are for primary particulate The City will take appropriate steps to only. minimize adverse environmental c. Gravel Cover Where appropriate, the District used impacts during this construction and A 4-inch layer of coarse gravel laid on EPA emission factors (Compilation of after flooding. The project will include the surface of the Owens Lake playa will Air Pollution Emissions Factors, AP–42, a program to remove any salt cedar prevent PM–10 emissions by: (1) USEPA, 1985). The District relied on (Tamarix ramosissima) and other preventing the formation of efflorescent permitted emissions for the area’s 4 undesirable non-native plant and grass evaporite salt crusts, because the large industrial facilities. Finally, the District species that invade wet playa areas. The spaces between the gravel particles developed specific emission algorithms City must also prevent disruption of interfere with the capillary forces that for wind erosion based on wind tunnel shorebird breeding activities when transport the saline water to the surface studies (1998 SIP, section 4–3). The water delivery is reduced on June 15 of where it evaporates and deposits salts; plan provides adequate documentation each year. Finally, the City will design and (2) raising the threshold wind of the wind erosion emission factor and implement mosquito abatement velocity required to lift the large gravel development and validation. programs, including the erection of bat particles so that transport of the EPA concludes that the emissions roosting structures, and will monitor the particles is not possible by wind speeds inventories are comprehensive, impact of any pesticide usage to ensure typical of the Owens Lake area. accurate, and current, and that they are that mosquito control activities do not Gravel blankets can work effectively consistent with EPA’s guidance.9 EPA result in unacceptable rates of egg on essentially any type of soil surface. proposes to approve the emissions thinning and failure. Under certain limited conditions of inventories as meeting the requirements sandy soils combined with high b. Managed Vegetation of section 172(c)(3) of the CAA. groundwater levels, it may be possible F. Control Measures This control measure consists of for some of the gravel blanket to settle creating a farm-like environment into lake bed soils and thereby lose 1. Description of Control Measures containing a mosaic of small effectiveness in controlling PM–10 The plan includes 3 control measures, (approximately 4 to 20 acre) confined emissions. To prevent the loss of any each of which is designed to reduce fields constructed of saltgrass (Distichlis protective gravel material into lake bed emissions from the Owens Lake bed. spicata) that are irrigated with shallow soils, a permeable geotextile fabric may They are shallow flooding, managed pulses of water. The City will need to be placed between the soil and the vegetation, and gravel cover. The carefully monitor release of water to gravel where necessary. This will following is a brief summary of each of leach soils to within a level suitable for prevent the loss of any gravel. the measures, which are described at saltgrass. Saltgrass will be the only plant Gravel areas must be protected from more length in Chapter 5 of the 1998 species to be introduced to the fields. It water- and wind-borne soil and dust. SIP. is tolerant of relatively high soil salinity, The gravel blanket will be the last spreads rapidly via rhizomes, and control measure to be implemented in 9 PM–10 Emission Inventory Requirements (EPA– provides good protective cover year- order to eliminate wind-borne 450/2–93), USEPA 1993. round even when dead or dormant. depositions. Gravel areas will be

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The Owens Valley serious area SIP To attain the required PM–10 control must include control measures Measures efficiency, 100 percent of all areas consistent with the requirements for EPA concludes that the plan designated for gravel must be covered Reasonably Available Control Measures demonstrates that: with a layer of gravel 4 inches thick. All (RACM), Reasonably Available Control (a) Only wind erosion emissions from gravel material shall be screened to a Technology (RACT), BACM, and Best the lake bed cause or contribute to PM– size greater than 3⁄8-inch in diameter. Available Control Technology (BACT). 10 violations in the area and, hence, RACM and RACT are control technology applying BACM to other source d. Additional Measures requirements applicable to moderate categories would not contribute In addition to these three control areas. The requirements for RACT and significantly to achieving the NAAQS as measures, the City is authorized to BACT, which apply to stationary and expeditiously as practicable; implement one or more control area sources, are generally not (b) The plan’s 3 control measures for measures of its choosing on 3.5 square applicable within the Owens Valley wind erosion are consistent with the miles of the lake bed in the ‘‘Dirty area, in which all PM–10 sources except BACM requirement in terms of the Socks’’ area, at the southern boundary of for wind erosion are de minimis. The timing, degree, and extent of the control the lake and near State Highway 190. 1998 SIP’s BACM provision for wind program; and The controls placed in this area may be erosion sources is more stringent than (c) There is insufficient evidence, at one of the 3 identified measures, the RACM mandate. this time, to support the economic and modified versions of these measures, or EPA defines BACM as ‘‘the maximum technological feasibility of any other unidentified measures. The degree of emissions reduction of PM–10 alternative or additional measures for control measures placed in this area do and PM–10 precursors from a source the control of wind erosion emissions in not need to be approved by the District. ** * which is determined on a case- Owens Valley, even assuming the high However, if the City elects to apply by-case basis, taking into account degree of control stringency associated controls in the Dirty Socks area, the City energy, environmental, and economic with the BACM requirement. is responsible for assuring that the Dirty impacts and other costs, to be EPA therefore proposes to approve the Socks control measures are integrated achievable for such source through control measures contained in the SIP into an entire control strategy that meets application of production processes and under CAA section 110(k)(3), as meeting the PM–10 NAAQS by December 31, available methods, systems, and the requirements of CAA sections 110(a) 2006. techniques for control of each such and 189(b)(1)(B). pollutant.’’ General Preamble 2. Implementation Schedule Addendum, 59 FR 42010 (August 16, G. Reasonable Further Progress (RFP) The proposed control strategy will be 1994). EPA exempts from the BACM The plan must also include implemented in 2 increments. The first requirement de minimis source measurable milestones which are to be increment will take place between categories, which do not contribute achieved every 3 years and show RFP November 16, 1998, and December 31, significantly to nonattainment. 59 FR toward attainment by the applicable 2003. This requires the implementation 42011. CAA section 189(b)(1)(B) attainment deadline. The District order of control measures on 16.5 square requires that the plan contain provisions to the City includes enforceable miles of the Owens Lake bed, unless the to assure that BACM for the control of schedules for annual implementation of District finds that attainment is PM–10 shall be implemented 4 years the specified control measures, achieved by placing controls on a after the effective date of the beginning with the completion, by smaller area. During this time the reclassification, or by February 8, December 31, 2001, of the phase 1 emphasis will be on controlling those 1997.10 control of 10 square miles. The order portions of the lake bed that are most In the plan and in the appendices to requires control of an additional 3.5 emissive in terms of the frequency and the plan, the District has provided square miles by 2002; 3 square miles by severity of emissions. The focus will be extensive documentation on both the 2003; and 2 square miles in each of the on improving control measure control measures included in the plan remaining 3 years through 2006. efficiencies and on identifying those and those rejected. The documentation EPA proposes to approve this remaining areas of the lake bed that will quantifies the costs of construction, aggressive and enforceable annual continue to contribute to PM–10 materials, operation, and maintenance, schedule as meeting the RFP NAAQS violations, if any. and examines other factors, including requirements of CAA section 189(c). The second increment will take place energy and environmental impacts. EPA H. Contingency Measures between January 1, 2004 and December agrees that adequate time must be 31, 2006. This will require allowed to carry out the control The CAA requires that the SIP include implementation of any additional measures successfully, since the contingency measures to be control measures necessary to provide measures are uniquely vast in scale, implemented if the area fails to meet for attainment of the PM–10 NAAQS by materiel, and required construction progress requirements or to attain the December 31, 2006. activity. The District’s order to the City NAAQS by the applicable deadline. As The District commits to revise the SIP discussed above, the District commits to in 2003 to incorporate new knowledge 10 Because the statutory BACM implementation revise the SIP in 2003 to implement and provide for attainment of the PM– deadline has passed, the plan must assure that additional controls if necessary to attain 10 NAAQS by December 31, 2006. If the BACM will be implemented ‘‘as soon as possible.’’ the NAAQS by 2006. If in 2006 the Delaney v. EPA, 898 F.2d 687, 691 (9th Cir. 1990). District determines that additional or EPA has interpreted this requirement to be ‘‘as soon District determines that the area will not fewer controls are required to meet the as practicable.’’ 55 FR 36458, 36505 (September 9, attain by the end of that year, the NAAQS by December 31, 2006, the 2003 1990). District order requires the City to

VerDate 18-JUN-99 15:00 Jun 24, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\25JNP1.XXX pfrm01 PsN: 25JNP1 34178 Federal Register / Vol. 64, No. 122 / Friday, June 25, 1999 / Proposed Rules implement controls on an additional 2 arithmetic mean for the most recent the controlled emission rate must be square miles of the Owens Lake bed period (1996–1998) is 37.0 ug/m3.11 1.25 metric tons of PM–10 per square each year. Implementation of this Air quality modeling techniques were kilometer per day (approximately 1.4 contingency measure is automatic, and applied to assess control scenarios tons per 250 acres per day). This is requires no further action by the District developed by the District to reduce PM– based on the emissions for the design or any other agency. 10 concentrations and bring the airshed day meteorology on March 12, 1994. EPA concludes that the plan satisfies into attainment. The specific computer The 3 control measures (shallow the contingency requirements, and model used by the District is called the flooding, managed vegetation and proposes to approve the SIP’s Industrial Source Complex Short-Term gravel) each would result in emissions contingency provisions under section Version 3 model or ISCST3. ISCST3 is below this controlled emission rate. 172(c)(9). the EPA recommended dispersion EPA concludes that the air quality model for regulatory assessment of modeling and attainment demonstration I. Extension of the Attainment Deadline fugitive dust sources (40 CFR part 51, contained in the 1998 SIP are consistent appendix W). The modeling analysis with existing EPA guidelines. EPA CAA section 188(e) allows states to itself comports with existing modeling proposes to approve the attainment apply for up to a 5-year extension of the guidelines.12 demonstration under CAA section serious area attainment deadline of A performance evaluation was also 189(b)(1)(A). December 31, 2001. In order to obtain conducted to determine the uncertainty the extension, there must be a showing and reliability of these modeling II. Summary of EPA’s Proposed Action that: (1) Attainment by 2001 would be methods based on a comparison of EPA is proposing to approve the impracticable, (2) the state complied model predictions with ambient PM–10 serious area PM–10 SIP submitted by with all requirements and commitments measurements. Chapter 6 of the 1998 the State of California for the Owens pertaining to the area in the SIP contains a detailed description of Valley PM–10 nonattainment area. implementation plan for the area, and the air quality modeling used for the Specifically, EPA is proposing to (3) the state demonstrates that the plan Owens Valley. approve the 1998 SIP with respect to the for the area includes the most stringent The objectives of the air quality CAA requirements for public notice and measures that are included in the SIP of modeling are: involvement under section 110(a)(1); any state or are achieved in practice in (1) To conduct the dispersion emissions inventories under section any state, and can feasibly be modeling in accordance with the 172(c)(3); control measures under implemented in the area. regulatory guidance for PM–10 SIPs section 110(k)(3), as meeting the The 1998 SIP has demonstrated that using EPA recommended modeling requirements of sections 110(a) and the plan includes all feasible and tools and procedures. 189(b)(1)(B); RFP and rate-of-progress effective control measures for wind (2) To perform an evaluation of the milestones under section 189(c); erosion, and that the implementation proposed dispersion modeling contingency measure(s) under section schedule for the control measures is as techniques using 2 years of ambient data 172(c)(9); and demonstration of expeditious as practicable, considering and focus the evaluation on the higher attainment under section 189(b)(1)(A). the massive projects that must be observed 24-hour PM–10 EPA is also proposing to approve the undertaken. EPA agrees that no other concentrations. The performance State’s request for an extension of the SIP contains measures and no other area evaluation was used to assess model attainment date from December 31, 2001 implements measures for control of uncertainty and aid in the selection of to December 31, 2006, under CAA wind erosion that would be feasible and several aspects of the modeling section 188(e). effective in the Owens Valley area. procedures. Finally, EPA believes that attainment (3) To assess and refine control III. Administrative Requirements could not feasibly be achieved before strategies until the modeling approach A. Executive Order 12866 2006. Therefore, EPA proposes to grant, demonstrates attainment of the PM–10 The Office of Management and Budget under CAA section 188(e), a 5-year NAAQS. (OMB) has exempted this regulatory attainment date extension to December The air quality model shows that the action from Executive Order (E.O.) 31, 2006. proposed set of control strategies would reduce ambient PM–10 impacts at 12866, Regulatory Planning and Review. J. Attainment Demonstration shoreline almost 97 percent. After B. Executive Order 12875 implementation of the control strategies, The SIP must provide a detailed Under Executive Order 12875, demonstration (including air quality the number of PM–10 exceedances at the shoreline will be less than one per Enhancing the Intergovernmental modeling) that the specified control Partnership, EPA may not issue a strategy will reduce PM–10 emissions so year, which complies with the PM–10 standard. regulation that is not required by statute that the standards will be attained as and that creates a mandate upon a State, soon as practicable but no later than To achieve the emission reductions necessary to meet the PM–10 standard, local or tribal government, unless the December 31, 2006, assuming final EPA Federal government provides the funds approval of the attainment deadline 11 Preliminary information from EPA’s Aerometric necessary to pay the direct compliance extension. CAA section 189(b)(1)(A). Information Retrieval System (AIRS). The 1998 costs incurred by those governments, or EPA considers the area to be in SIP’s wind erosion control measures should be EPA consults with those governments. If attainment of the NAAQS if 24-hour effective in reducing not only 24-hour PM–10 EPA complies by consulting, Executive concentrations are 150 ug/m3 or less concentrations but also annual concentrations, since primary and secondary wind erosion is 99 Order 12875 requires EPA to provide to and the annual arithmetic mean is 50 percent of the anthropogenic PM–10 emissions on the Office of Management and Budget a ug/m3 or less. See footnote 1. The an annual basis, and 99.5 percent on a 24-hour description of the extent of EPA’s prior attainment demonstration in the Owens basis. consultation with representatives of Valley area focuses on the 24-hour 12 PM–10 SIP Development Guideline (USEPA 450/2–86–001, 6/87); Guideline on Air Quality affected State, local and tribal NAAQS, since the area does not violate Models (Revised); Memorandum from Joseph governments, the nature of their the annual NAAQS. The 3-year annual Tikvart and Robert Bauman dated July 5, 1990. concerns, copies of any written

VerDate 18-JUN-99 11:58 Jun 24, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\A25JN2.157 pfrm04 PsN: 25JNP1 Federal Register / Vol. 64, No. 122 / Friday, June 25, 1999 / Proposed Rules 34179 communications from the governments, develop an effective process permitting may be significantly or uniquely and a statement supporting the need to elected officials and other impacted by the rule. issue the regulation. In addition, representatives of Indian tribal EPA has determined that the approval Executive Order 12875 requires EPA to governments ‘‘to provide meaningful action promulgated does not include a develop an effective process permitting and timely input in the development of Federal mandate that may result in elected officials and other regulatory policies on matters that estimated annual costs of $100 million representatives of State, local and tribal significantly or uniquely affect their or more to either State, local, or tribal governments ‘‘to provide meaningful communities.’’ Today’s rule does not governments in the aggregate, or to the and timely input in the development of significantly or uniquely affect the private sector. This Federal action regulatory proposals containing communities of Indian tribal approves pre-existing requirements significant unfunded mandates.’’ governments. Accordingly, the under State or local law, and imposes Today’s rule does not create a mandate requirements of section 3(b) of E.O. no new requirements. Accordingly, no on State, local or tribal governments. 13084 do not apply to this rule. additional costs to State, local, or tribal The rule does not impose any governments, or to the private sector, E. Regulatory Flexibility Act enforceable duties on these entities. result from this action. The Regulatory Flexibility Act (RFA) Accordingly, the requirements of List of Subjects in 40 CFR Part 52 section 1(a) of E.O. 12875 do not apply generally requires an agency to conduct to this rule. a regulatory flexibility analysis of any Environmental protection, Air rule subject to notice and comment pollution control, Intergovernmental C. Executive Order 13045 rulemaking requirements unless the relations, Oxides of nitrogen, Ozone, Protection of Children from agency certifies that the rule will not Particulate matter, Reporting and Environmental Health Risks and Safety have a significant economic impact on recordkeeping requirements, Volatile Risks (62 FR 19885, April 23, 1997), a substantial number of small entities. organic compounds. applies to any rule that: (1) Is Small entities include small businesses, Dated: June 18, 1999. determined to be ‘‘economically small not-for-profit enterprises, and Felicia Marcus, significant’’ as defined under E.O. small governmental jurisdictions. This Regional Administrator, Region IX. 12866, and (2) concerns an final rule will not have a significant [FR Doc. 99–16227 Filed 6–24–99; 8:45 am] environmental health or safety risk that impact on a substantial number of small EPA has reason to believe may have a entities because SIP approvals under BILLING CODE 6560±50±P disproportionate effect on children. If section 110 and subchapter I, part D of the regulatory action meets both criteria, the Clean Air Act do not create any new ENVIRONMENTAL PROTECTION the Agency must evaluate the requirements but simply approve AGENCY environmental health or safety effects of requirements that the State is already the planned rule on children, and imposing. Therefore, because the 40 CFR Part 68 explain why the planned regulation is Federal SIP approval does not create preferable to other potentially effective any new requirements, I certify that this [FRL±6367±2] and reasonably feasible alternatives action will not have a significant List of Regulated Substances and considered by the Agency. This rule is economic impact on a substantial Thresholds for Accidental Release not subject to E.O. 13045 because it does number of small entities. Moreover, due Prevention; Flammable Hydrocarbon not involve decisions intended to to the nature of the Federal-State Fuel Exemption mitigate environmental health or safety relationship under the Clean Air Act, risks. preparation of flexibility analysis would AGENCY: Environmental Protection constitute Federal inquiry into the Agency (EPA). D. Executive Order 13084 economic reasonableness of state action. ACTION: Proposed rule; extension of Under Executive Order 13084, The Clean Air Act forbids EPA to base comment period. Consultation and Coordination with its actions concerning SIPs on such Indian Tribal Governments, EPA may grounds. Union Electric Co., v. U.S. SUMMARY: On May 28, 1999, the not issue a regulation that is not EPA, 427 U.S. 246, 255–66 (1976); 42 Environmental Protection Agency required by statute, that significantly or U.S.C. 7410(a)(2). proposed to modify the rule listing uniquely affects the communities of regulated substances and threshold Indian tribal governments, and that F. Unfunded Mandates quantities for the Risk Management imposes substantial direct compliance Under section 202 of the Unfunded Program (RMP) issued under section costs on those communities, unless the Mandates Reform Act of 1995 112(r) of the Clean Air Act as amended. Federal government provides the funds (‘‘Unfunded Mandates Act’’), signed EPA proposed that regulated flammable necessary to pay the direct compliance into law on March 22, 1995, EPA must hydrocarbon substances need not be costs incurred by the tribal prepare a budgetary impact statement to considered in determining whether governments, or EPA consults with accompany any proposed or final rule more than a threshold quantity is those governments. If EPA complies by that includes a Federal mandate that present when the substance is intended consulting, Executive Order 13084 may result in estimated annual costs to for use as a fuel and does not exceed requires EPA to provide to the Office of State, local, or tribal governments in the 67,000 pounds in a process that is not Management and Budget, in a separately aggregate; or to private sector, of $100 manufacturing the fuel, does not contain identified section of the preamble to the million or more. Under section 205, greater than a threshold quantity of rule, a description of the extent of EPA’s EPA must select the most cost-effective another regulated substance, and is not prior consultation with representatives and least burdensome alternative that collocated or interconnected to another of affected tribal governments, a achieves the objectives of the rule and covered process. This notice extends the summary of the nature of their concerns, is consistent with statutory public comment period for the proposed and a statement supporting the need to requirements. Section 203 requires EPA rule. issue the regulation. In addition, to establish a plan for informing and DATES: The comment period for the Executive Order 13084 requires EPA to advising any small governments that proposed rule is extended from the

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