[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Rules and Regulations]
[Pages 69618-69621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23718]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[EPA-R02-OAR-2004-TR-0001; FRL-8488-9]
Approval and Promulgation of Saint Regis Mohawk's Tribal
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving the St. Regis Mohawk Tribe (SRMT) Tribal
Implementation Plan (TIP). The SRMT TIP contains programs to address
ambient air quality standards, emissions inventory, permitting,
synthetic minor facilities, source surveillance, open burning,
enforcement, review of state permits, and regional haze planning. EPA's
action makes the approvable portions of the SRMT TIP, as discussed in
this action, federally enforceable. The approvable portions of the TIP
are equivalent to current EPA regulations, procedures, or ambient air
quality standards. The intended effect of the approved TIP is to
protect air quality and population within the exterior boundaries of
the SRMT Reservation.
DATES: Effective Date: This rule is effective on January 9, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2004-TR-0001. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., 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 either electronically through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th
Floor, New York, New York 10007-1866. This Docket Facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is 212-637-4249.
FOR FURTHER INFORMATION CONTACT: Gavin Lau, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007, (212) 637-3708.
SUPPLEMENTARY INFORMATION: On August 14, 2007 (72 FR 45397), EPA
published a proposal for the approval of portions of the SRMT TIP. The
final action makes federally enforceable the portions of the SRMT TIP
that contain programs to address: Ambient air quality standards for
sulfur dioxide (SO2), particulate matter (PM10
and PM2.5), nitrogen dioxide (NO2), and ozone
(O3); emissions inventory; permitting; synthetic minor
facilities; source surveillance; open burning; enforcement; review of
state permits; and regional haze planning. EPA is not approving ambient
air quality standards in the SRMT TIP for fluoride and metals since
they are not equivalent to EPA ambient air quality standards.
The SRMT is a federally recognized Indian tribe recognized by the
U.S. Secretary of the Interior. Beginning in 2001, with assistance from
EPA, the Tribe began developing a TIP with the goal of protecting the
population within the Reservation from air pollution by controlling or
abating existing and new sources. Under the provisions of the Clean Air
Act (CAA or Act) and EPA's regulations, Indian tribes must meet
eligibility criteria spelled out in the Act and the Tribal Authority
Rule (TAR), in order to be treated in the same manner as a state for
the purpose of developing an implementation plan. These criteria are:
(1) The Tribe is federally recognized; (2) the Tribe has a governing
body that carries out substantial duties and powers; (3) the functions
the Tribe applied for carrying out pertain to the management and
protection of air
[[Page 69619]]
resources within the exterior boundaries of the reservation (or other
areas within the Tribe's jurisdiction); and, (4) the Tribe is
reasonably expected to be capable of performing the functions the Tribe
applied to carry out in a manner consistent with the terms and purposes
of the Act and all applicable regulations. On March 5, 2003, EPA
determined that the SRMT met the criteria in the Act and TAR, for
treatment in the same manner as a state for the purpose of developing
and implementing a TIP. The SRMT did not request an eligibility
determination for the area known as the Hogansburg Triangle and EPA
made no determination with respect to that area.
To support the approval of the TIP, in a Tribal Council Resolution
dated December 3, 1999, the SRMT Tribal Council gave the SRMT
Environmental Division authority to administer CAA programs on behalf
of the tribe. The SRMT adopted the rules comprising the TIP into Tribal
Law and entered into a Memorandum of Agreement with EPA Region 2 and
EPA's Criminal Investigation Division concerning the criminal
enforcement of air pollution rules and regulations. The SRMT Police and
Conservation Officers will assume enforcement activities for the
purpose of compliance with air regulations. The Peacemakers Court-Civil
Disobedience Division will be the arbitrator of all summons and
complaints filed under the TIP. The SRMT will refer to the appropriate
EPA or U.S. Department of Justice Office alleged criminal violations
when alleged violators are non-Indian as well as all alleged criminal
activity where the fine is greater than $5,000 or the penalty would
require imprisonment for more than one year.
Other specific details concerning the TIP and rationale for EPA's
action are explained in the proposed rule and will not be restated
here.
Comments: No adverse comments were received; one supportive comment
was received.
Conclusion: EPA is approving portions of the SRMT TIP and making
them federally enforceable. The approved sections of the TIP contain
programs to address: Ambient air quality standards for SO2,
PM, NO2, and O3; emissions inventory; permitting;
synthetic minor facilities; source surveillance; open burning;
enforcement; review of state permits; and regional haze planning. The
approved portions of the TIP will help protect air quality within the
exterior boundaries of the SRMT Reservation in accordance with Federal
requirements.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this 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)). This
action approves laws of an eligible Indian tribe as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by Tribal law. Accordingly, the Administrator certifies that
this 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.). Because this rule approves pre-existing requirements
under Tribal law and does not impose any additional enforceable duty
beyond that required by Tribal law, it 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).
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' EPA has concluded that this
rule will have tribal implications in that it will have substantial
direct effects on the SRMT. However, it will neither impose substantial
direct compliance costs on tribal governments, nor preempt tribal law.
EPA is approving the SRMT's TIP at the request of the Tribe. Tribal law
will not be preempted as the SRMT has already incorporated the TIP into
Tribal Law on October 3, 2002. The Tribe has applied for, and fully
supports, the approval of the TIP. This approval makes the TIP
federally enforceable.
EPA worked and consulted with officials of the SRMT early in the
process of developing this regulation to permit them to have meaningful
and timely input into its development. In order to administer an
approved TIP, tribes must be determined eligible (40 CFR part 49) for
TAS for the purpose of administering a TIP. During the TAS eligibility
process, the Tribe and EPA worked together to ensure that the
appropriate information was submitted to EPA. SRMT and EPA also worked
together throughout the process of development and Tribal adoption of
the TIP. The Tribe and EPA also entered into an enforcement MOA. This
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, or 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 action approves a Tribal rule implementing a TIP over areas within
the exterior boundaries of the St. Regis Mohawk Reservation, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This proposed 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 it is approves a tribal plan implementing Federally
equivalent standards.
In reviewing SIP submissions, EPA(s role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a TIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a TIP
submission, to use VCS in place of a TIP submission that otherwise
satisfies the provisions of the Clean Air Act. 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, 5 U.S.C. section 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. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
[[Page 69620]]
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 February 8, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 49
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Indians,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: October 22, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
0
Part 49 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 49--[AMENDED]
0
1. The authority citation for part 49 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Subpart E of Part 49 is amended by adding an undesignated center
heading and Sec. 49.471 as follows:
Subpart E--Implementation Plans for Tribes--Region II
Implementation Plan for the Saint Regis Mohawk Tribe
Sec. 49.471 Identification of plan.
(a) Purpose and scope. This section contains the approved
implementation plan for the St. Regis Mohawk Tribe dated February 2004.
The plan consists of programs and procedures that cover public
participation, plan revisions, ambient air quality standards, emissions
inventory, permitting, synthetic minor facilities, source surveillance,
open burning, enforcement, review of state permits, regional haze
planning, and reporting.
(b) Incorporation by reference. (1) Material listed in paragraph
(c) of this section was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register.
(2) EPA Region II certifies that the rules/regulations provided by
EPA in the TIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated tribal
rules/regulations which have been approved as part of the Tribal
Implementation Plan as of December 10, 2007.
(3) Copies of the materials incorporated by reference may be
inspected at the Region II Office of EPA at 290 Broadway, 25th Floor,
New York, NY 10007-1866; the U.S. Environmental Protection Agency, EPA
Docket Center (EPA/DC), Air and Radiation Docket and Information
Center, MC 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460
and the National Archives and Records Administration. For information
on the availability of this material at NARA, call 202-741-6030, or go
to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA--approved regulations.
EPA-Approved St. Regis Mohawk Tribe Regulations
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Tribal effective
Tribal citation Title/subject date EPA approval date Explanations
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St. Regis Mohawk Tribe, Tribal Definitions....... February 2004..... December 10, 2007 ..................
Implementation Plan, version 3, [Insert Federal
Section 5. Register page
number where the
document begins].
St. Regis Mohawk Tribe, Tribal Air Quality February 2004..... December 10, 2007 Subsections 9.6
Implementation Plan, version 3, Standards. [Insert Federal and 9.7 are not
Section 9. Register page part of the
number where the Federally
document begins]. approved TIP.
St. Regis Mohawk Tribe, Tribal General Permit February 2004..... December 10, 2007 ..................
Implementation Plan, version 3, Requirements. [Insert Federal
Section 11. Register page
number where the
document begins].
St. Regis Mohawk Tribe, Tribal Permits for Minor February 2004..... December 10, 2007 ..................
Implementation Plan, version 3, Facilities. [Insert Federal
Section 12. Register page
number where the
document begins].
St. Regis Mohawk Tribe, Tribal Synthetic Minor February 2004..... December 10, 2007 ..................
Implementation Plan, version 3, Facilities. [Insert Federal
Section 13. Register page
number where the
document begins].
St. Regis Mohawk Tribe, Tribal Source February 2004..... December 10, 2007 ..................
Implementation Plan, version 3, Surveillance. [Insert Federal
Section 14. Register page
number where the
document begins].
TCR-2002-59..................... Tribal Burn February 2004..... December 10, 2007 ..................
Regulation. [Insert Federal
Register page
number where the
document begins].
[[Page 69621]]
Memorandum of Agreement......... Memorandum of 11/20/2003........ December 10, 2007 ..................
Agreement dated [Insert Federal
November 20, Register page
2003, between the number where the
St. Regis Mohawk document begins].
Tribe and the
U.S.
Environmental
Protection Agency
Region II.
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[FR Doc. E7-23718 Filed 12-7-07; 8:45 am]
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