Approval and Promulgation of Saint Regis Mohawk's Tribal Implementation Plan, 69618-69621 [E7-23718]

Download as PDF 69618 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations discretion of the official responsible for custody of the information, would place employee(s) at risk of injury or other harm. Also, we will not disclose the requested information if the information is protected from mandatory disclosure under an exemption of the Freedom of Information Act. I [FR Doc. E7–23786 Filed 12–7–07; 8:45 am] Authority: 21 U.S.C. 811, 812, 871(b), unless otherwise noted. BILLING CODE 4191–02–P Accordingly, 21 CFR part 1308 is corrected by making the following correcting amendments: PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for part 1308 continues to read as follows: I DEPARTMENT OF JUSTICE 2. Section 1308.12(b)(1) is amended by revising the entry (xii) to read as follows: Drug Enforcement Administration § 1308.12 I Schedule II. * * * (b) * * * (1) * * * * * * 21 CFR Part 1308 [Docket No. DEA–309F] * * * * (xii) Oripavine ..................................... Designation of Oripavine as a Basic Class of Controlled Substance; Correction * * * * 9330 * Dated: November 26, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control. [FR Doc. E7–23759 Filed 12–7–07; 8:45 am] Drug Enforcement Administration (DEA), Justice. ACTION: Final rule; correcting amendments. AGENCY: BILLING CODE 4410–09–P On September 24, 2007, the Drug Enforcement Administration (DEA) published in the Federal Register a final rule (72 FR 54208) designating oripavine (3-O-demethylthebaine or 6,7,8,14-tetradehydro-4,5-alpha-epoxy6-methoxy-17-methylmorphinan-3-ol) as a basic class in schedule II of the Controlled Substances Act (CSA). The drug code for oripavine was inadvertently designated as 9335, a drug code which is already used to identify a schedule I controlled substance. This correction corrects that error and assigns a different drug code to oripavine. DATES: Effective December 10, 2007. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, PhD, Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, by e-mail, ode@dea.usdoj.gov or by fax, (202) 353– 1263. SUPPLEMENTARY INFORMATION: On September 24, 2007, the Drug Enforcement Administration (DEA) published a Final Rule in the Federal Register (72 FR 54208) designating oripavine (3– O-demethylthebaine or 6,7,8,14-tetradehydro-4,5-alpha-epoxy6-methoxy-17-methylmorphinan-3-ol) as a basic class in schedule II of the Controlled Substances Act (CSA). In the final rule, the drug code for oripavine was inadvertently listed as 9335. This is the drug code for the schedule I controlled substance, drotebanol. Upon publication of this rule, the drug code for oripavine will be amended to 9330. mstockstill on PROD1PC66 with RULES SUMMARY: VerDate Aug<31>2005 16:20 Dec 07, 2007 Jkt 214001 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 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: 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 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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 E:\FR\FM\10DER1.SGM 10DER1 mstockstill on PROD1PC66 with RULES Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations 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. VerDate Aug<31>2005 16:20 Dec 07, 2007 Jkt 214001 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 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 69619 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). E:\FR\FM\10DER1.SGM 10DER1 69620 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations 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. Part 49 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: I PART 49—[AMENDED] 1. The authority citation for part 49 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. 2. Subpart E of Part 49 is amended by adding an undesignated center heading and § 49.471 as follows: I Subpart E—Implementation Plans for Tribes—Region II Implementation Plan for the Saint Regis Mohawk Tribe § 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 Title/subject Tribal effective date EPA approval date St. Regis Mohawk Tribe, Tribal Implementation Plan, version 3, Section 5. St. Regis Mohawk Tribe, Tribal Implementation Plan, version 3, Section 9. St. Regis Mohawk Tribe, Tribal Implementation Plan, version 3, Section 11. St. Regis Mohawk Tribe, Tribal Implementation Plan, version 3, Section 12. St. Regis Mohawk Tribe, Tribal Implementation Plan, version 3, Section 13. St. Regis Mohawk Tribe, Tribal Implementation Plan, version 3, Section 14. TCR–2002–59 ................... mstockstill on PROD1PC66 with RULES Tribal citation Definitions ......................... February 2004 ................... Air Quality Standards ........ February 2004 ................... General Permit Requirements. February 2004 ................... Permits for Minor Facilities February 2004 ................... Synthetic Minor Facilities .. February 2004 ................... Source Surveillance .......... February 2004 ................... Tribal Burn Regulation ...... February 2004 ................... December 10, 2007 [Insert FEDERAL REGISTER page number where the document begins]. December 10, 2007 [Insert FEDERAL REGISTER page number where the document begins]. December 10, 2007 [Insert FEDERAL REGISTER page number where the document begins]. December 10, 2007 [Insert FEDERAL REGISTER page number where the document begins]. December 10, 2007 [Insert FEDERAL REGISTER page number where the document begins]. December 10, 2007 [Insert FEDERAL REGISTER page number where the document begins]. December 10, 2007 [Insert FEDERAL REGISTER page number where the document begins]. VerDate Aug<31>2005 16:20 Dec 07, 2007 Jkt 214001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1 Explanations Subsections 9.6 and 9.7 are not part of the Federally approved TIP. Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations 69621 EPA-APPROVED ST. REGIS MOHAWK TRIBE REGULATIONS—Continued Tribal citation Memorandum of Agreement. Title/subject Tribal effective date EPA approval date Memorandum of Agreement dated November 20, 2003, between the St. Regis Mohawk Tribe and the U.S. Environmental Protection Agency Region II. 11/20/2003 ........................ December 10, 2007 [Insert FEDERAL REGISTER page number where the document begins]. [FR Doc. E7–23718 Filed 12–7–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2007–0794; FRL–8500–6] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of VOC Emissions From Consumer Products Environmental Protection Agency (EPA). ACTION: Final rule. mstockstill on PROD1PC66 with RULES AGENCY: SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. This SIP revision pertains to the control of volatile organic compound (VOC) emissions from consumer products based on the 2006 Ozone Transport Commission (OTC) model rule for consumer products. Maryland’s amendments to the consumer products rule include fourteen categories that are new, including subcategories with new product category definitions and VOC limits; one previously regulated category with a more restrictive VOC limit; and two previously regulated categories with additional requirements. EPA is approving this SIP revision in accordance with the Clean Air Act (CAA). DATES: Effective Date: This final rule is effective on January 9, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2007–0794. All documents in the docket are listed in the www.regulations.gov website. Although listed in the electronic docket, some information is not publicly available, i.e., 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. VerDate Aug<31>2005 16:20 Dec 07, 2007 Jkt 214001 Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland. FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814–2182, or by e-mail at quinto.rose@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On October 4, 2007 (72 FR 56707), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. The NPR proposed approval of amendments to the control of VOC emissions from consumer products. The formal SIP revision (#07–08) was submitted by the Maryland Department of the Environment (MDE) on June 18, 2007. Maryland’s consumer products rule incorporates the changes made by the California Air Resources Board (CARB) in 2005 that the OTC developed as a model rule for consumer products in 2006. These amendments affect 18 categories of consumer products. Fourteen categories are new, including subcategories with new product category definitions and VOC limits; one previously regulated category with a more restrictive VOC limit; and two previously regulated categories with additional requirements. The compliance date for these categories is January 1, 2009. The new categories are: (1) Adhesive remover with four subcategories: floor or wall covering, gasket or thread locking, general purpose and specialty; (2) anti-static product; (3) electrical cleaner; (4) electronic cleaner; (6) fabric refresher; (7) footwear or leather care product; (8) hair styling product that will incorporate hair styling gel and include additional forms of hair styling products (i.e.; liquid, semi-solid, and pump spray) but does not include hair PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 Explanations spray product or hair mousse; (9) graffiti remover; (10) shaving gel; (11) toilet/ urinal care product; and (12) wood cleaner. The previously regulated category with a more restrictive limit is contact adhesive that has been separated into two subcategories: General purpose and special purpose. The previously regulated categories with additional requirements are air fresheners and general purpose degreasers. The rationale for EPA’s proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR. II. Final Action EPA is approving the amendments to the control of VOC emissions from consumer products as a revision to the Maryland SIP. This SIP revision was submitted by MDE on June 18, 2007. III. Statutory and Executive Order Reviews A. General Requirements 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 merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state 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 state law and does not impose any additional enforceable duty beyond that required by state 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). This rule also does not have tribal implications because it will E:\FR\FM\10DER1.SGM 10DER1

Agencies

[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Rules and Regulations]
[Pages 69618-69621]
From the Federal Register Online via the Government Printing 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
----------------------------------------------------------------------------------------------------------------
                                                       Tribal effective
         Tribal citation             Title/subject           date          EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E7-23718 Filed 12-7-07; 8:45 am]
BILLING CODE 6560-50-P