Approval and Promulgation of Air Quality Implementation Plans; Mohegan Tribe of Indians of Connecticut, 49327-49330 [E9-23259]
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations
to be calculated to three decimal places;
and consistency with the Postal
Service’s unused rate adjustment
authority (bank), which is calculated to
three decimal places. Id. at 2–3.
The Commission amends the last
sentence in 39 CFR 3010.21(a) and
3010.22(b) to read, ‘‘The result is
expressed as a percentage, rounded to
three decimal places.’’ The amendment
also corrects an inadvertent error in the
current heading for part 3010 from
‘‘Regulation of Rules for Market
Dominant Products’’ to ‘‘Regulation of
Rates for Market Dominant Products’’.
Id. at 3.
Only two comments were submitted
in response to Order No. 246. The Postal
Service and the Public Representative
both filed comments in support of the
proposed change.2
It is ordered:
1. The Commission adopts the
referenced amendments as final rules
revising the price cap calculation in 39
CFR part 3010 and the part heading for
39 CFR part 3010. The part heading and
sections affected by these revisions are
set forth in their entirety, following the
Secretary’s signature, to provide context
and clarity.
2. These rules shall take effect 30 days
after publication in the Federal
Register.
3. The Secretary shall arrange for
publication of this order in the Federal
Register.
List of Subjects in 39 CFR Part 3010
Administrative practice and
procedure; Postal Service.
Dated: September 22, 2009.
By the Commission.
Shoshana M. Grove,
Secretary.
For the reasons discussed in the
preamble, the Commission amends
chapter III of title 39 of the Code of
Federal Regulations as follows:
■
PART 3010—REGULATION OF RATES
FOR MARKET DOMINANT PRODUCTS
1. The authority citation for 39 CFR
part 3010 continues to read as follows:
■
Authority: 39 U.S.C. 503; 3622.
2. Revise the part heading of part 3010
to read as set forth above.
■ 3. Revise § 3010.21 to read as follows:
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■
§ 3010.21
Calculation of annual limitation.
(a) The calculation of an annual
limitation involves three steps. First, a
simple average CPI–U index is
calculated by summing the most
recently available 12 monthly CPI–U
values from the date the Postal Service
files its notice of rate adjustment and
dividing the sum by 12 (Recent
Average). Then, a second simple average
CPI–U index is similarly calculated by
summing the 12 monthly CPI–U values
immediately preceding the Recent
Average and dividing the sum by 12
(Base Average). Finally, the annual
limitation is calculated by dividing the
Recent Average by the Base Average and
subtracting 1 from the quotient. The
result is expressed as a percentage,
rounded to three decimal places.
(b) The formula for calculating an
annual limitation is as follows: Annual
Limitation = (Recent Average/Base
Average)¥1.
■
4. Revise § 3010.22 to read as follows:
§ 3010.22 Calculation of less than annual
limitation.
(a) If a notice of rate adjustment is
filed less than 1 year after the last Type
1–A or Type 1–B notice of rate
adjustment applicable to an affected
class of mail, then the annual limitation
will recognize the rate increases that
have occurred during the preceding 12
months. When the effects of those
increases are removed, the remaining
partial year limitation is the applicable
restriction on rate increases.
(b) The applicable partial year
limitation is calculated in two steps.
First, a simple average CPI–U index is
calculated by summing the 12 most
recently available monthly CPI–U
values from the date the Postal Service
files its notice of rate adjustment and
dividing the sum by 12 (Recent
Average). The partial year limitation is
then calculated by dividing the Recent
Average by the Recent Average from the
most recent previous notice of rate
adjustment (Previous Recent Average)
applicable to each affected class of mail
and subtracting 1 from the quotient. The
result is expressed as a percentage,
rounded to three decimal places.
(c) The formula for calculating the
partial year limitation for a notice of rate
adjustment filed less than 1 year after
the last notice is as follows: Partial Year
Limitation = (Recent Average/Previous
Recent Average)¥1.
[FR Doc. E9–23321 Filed 9–25–09; 8:45 am]
BILLING CODE 7710–FW–P
2 Initial Comments of the United States Postal
Service, July 30, 2009; Public Representative
Comments, August 21, 2009.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 49
[EPA–R01–OAR–2009–0305; A–1–FRL–
8949–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Mohegan Tribe of Indians of
Connecticut
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving a Tribal
Implementation Plan (‘‘TIP’’) submitted
by the Mohegan Tribe of Indians of
Connecticut (‘‘the Tribe’’). This revision
adds new emission units to the Tribe’s
TIP, while maintaining an enforceable
cap on nitrogen oxide emissions from
stationary sources owned by the
Mohegan Tribal Gaming Authority and
located within the external boundaries
of the Mohegan Reservation. The
revision also provides the Administrator
of The Mohegan Environmental
Protection Department with
enforcement authority for violations of
the Mohegan TIP and establishes a right
of appeal to the Director of Regulation
and Compliance and the Mohegan
courts. This action is intended to help
attain the National Ambient Air Quality
Standards (NAAQS) for ground-level
ozone. This action is being taken in
accordance with the Clean Air Act.
DATES: This direct final rule will be
effective November 27, 2009, unless
EPA receives adverse comments by
October 28, 2009. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2009–0305 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: mcdonnell.ida@epa.gov.
3. Fax: (617) 918–0653.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2009–0305,’’
Ida McDonnell, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100 (mail code CAP), Boston, MA
02114–2023.
5. Hand Delivery or Courier: Deliver
your comments to: Ida McDonnell, Air
Permits, Toxics and Indoor Air Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
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Congress Street, 11th floor, (CAP),
Boston, MA 02114–2023. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2009–
0305. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov, or e-mail,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., 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 Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100, Boston,
MA. EPA requests that if at all possible,
you contact the contact listed in the FOR
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FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
In addition, copies of the Tribe’s
submittal and EPA’s technical support
document are also available for public
inspection during normal business
hours, by appointment at the Mohegan
Tribe, Mohegan Environmental
Protection Department, 49 Sandy Desert
Road, Uncasville, CT 06382, telephone
number (860) 862–6112.
FOR FURTHER INFORMATION CONTACT: Ida
E. McDonnell, Air Permits, Toxics and
Indoor Air Unit, Office of Ecosystem
Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
11th floor, (CAP), Boston, MA 02114–
2023, telephone number (617) 918–
1653, fax number (617) 918–0653, email mcdonnell.ida@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
U.S. EPA, Region 1.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose: The
Mohegan Tribe of Indians of
Connecticut (‘‘the Tribe’’) submitted a
Tribal Implementation Plan (‘‘Mohegan
TIP’’) consisting of a tribal ordinance,
entitled ‘‘Area Wide NOX Emissions
Limitation Regulation,’’ establishing a
limit on nitrogen oxide (‘‘NOX’’)
emissions from stationary sources
owned by the Mohegan Tribal Gaming
Authority and located within the
external boundaries of the Mohegan
Reservation. The TIP was submitted by
the Tribe on May 4, 2005 and amended
on August 22, 2007. EPA granted
approval of the Mohegan TIP in a
rulemaking published on November 14,
2007 (72 FR 63988).
Stationary sources owned by the
Mohegan Tribal Gaming Authority have
the potential to emit 1 NOx in major
source amounts, but have actual
emissions that are below the major
source thresholds. The Mohegan TIP is
a mechanism by which the emission
limit for stationary sources owned by
the Mohegan Tribal Gaming Authority
located within the exterior boundaries
of the Mohegan Reservation is
enforceable as a practical matter. The
1 Potential to emit means the maximum capacity
of a stationary source to emit any air pollutant
under its physical and operational design.
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Mohegan TIP is the equivalent of a
permit that keeps the sources in
‘‘synthetic minor’’ status and ensures
that the source is legally prohibited
from operating as a major source. In
other words, even though units owned
by the Mohegan Tribal Gaming
Authority have the potential to emit
NOx in major source amounts, they will
be considered minor sources and will
avoid triggering CAA major source
requirements because the units
collectively will be subject to an
enforceable emissions limitation.
On April 17, 2009, the Tribe
submitted a formal revision to the
Mohegan TIP (‘‘Revision’’). The
Revision includes a monthly NOx
emissions limitation for new emission
units, namely uncontrolled diesel
generators and controlled diesel
generators. The Revision also removes
the classification for emergency diesel
generators, as these emission units
constitute uncontrolled diesel
generators. The Revision contains
monitoring, recordkeeping, reporting,
and testing requirements for the new
emission units, as needed to assure
compliance with the synthetic minor
limit. The inclusion of these units does
not result in any increase in potential
emissions at the facility because the
Area Wide Limitation for NOx
Emissions remains at 49 tons per year
for each twelve-month rolling year.
The Revision also vests the
Administrator of The Mohegan
Environmental Protection Department
with enforcement authority for
violations of the Mohegan TIP.
Specifically, the Revision provides the
Administrator with the authority to
assess civil penalties of up to $25,000
per violation per day, as well as to issue
cease and desist orders, for violations of
the Mohegan TIP. The Mohegan Gaming
Disputes Court formerly had the
authority to perform these functions.
Under the Revision, any entity or
individual whose legal rights are
affected by any decision of the
Administrator regarding the
enforcement of the Mohegan TIP may
appeal the decision to the Director of
Regulation and Compliance, and may
subsequently appeal any decision of the
Director of Regulation and Compliance
to the Mohegan Tribal Court or
Mohegan Gaming Disputes Court
(‘‘Mohegan Courts’’), as appropriate.
II. Final Action: EPA is approving the
Mohegan Tribal Implementation Plan
Revision, submitted by the Mohegan
Tribe of Indians of Connecticut on April
17, 2009. The Revision incorporates
new emission units with associated
monitoring, recordkeeping and
reporting provisions for the facility
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owned by the Mohegan Tribal Gaming
Authority. The Revision also vests the
Administrator of The Mohegan
Environmental Protection Department
with enforcement authority for
violations of the Mohegan TIP and
establishes a right of appeal to the
Director of Regulation and Compliance
and the Mohegan Courts.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the Proposed
Rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the Mohegan TIP
revision should relevant adverse
comments be filed. This rule will be
effective November 27, 2009 without
further notice unless the Agency
receives relevant adverse comments by
October 28, 2009.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on November 27, 2009 and no further
action will be taken on the proposed
rule. Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
III. Statutory and Executive Order
Reviews: Under the Clean Air Act, the
Administrator is required to approve a
TIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing TIP
submissions, EPA’s role is to approve
tribal choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves tribal law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by tribal law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
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• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). Since
this rule simply approves pre-existing
tribal law, it does not result in any
direct costs or preemption of tribal law
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Nonetheless, EPA has consulted
extensively with the Mohegan Tribe
concerning this proposed TIP revision.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action 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).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
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49329
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 27,
2009. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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: August 13, 2009.
Ira Leighton,
Acting Regional Administrator, EPA New
England.
Part 49 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
■
PART 49—[AMENDED]
1. The authority citation for part 49
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart D—[Amended]
2. Section 49.201 is amended by
revising paragraph (b) and (c) to read as
follows:
■
§ 49.201
Identification of plan.
*
*
*
*
*
(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.
Entries in paragraph (c) of this section
with EPA approval dates after August
13, 2009, will be incorporated by
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reference in the next update to the TIP
compilation.
(2) EPA Region 1 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 August
13, 2009.
(3) Copies of the materials
incorporated by reference may be
inspected at the New England Regional
Office of EPA at One Congress Street,
Suite 1100, Boston, MA 02114–2023;
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. If
you wish to obtain material from the
EPA Regional Office, please call 617–
918–1653; for materials from the docket
in EPA Headquarters Library, please call
the Office of Air and Radiation docket
at 202–566–1742. For information on
the availability of this material at
NARA, call 202–741–6030, or go to:
https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) EPA-approved regulations.
EPA-APPROVED MOHEGAN TRIBE OF INDIANS OF CONNECTICUT REGULATIONS
Tribal effective
date
Tribal citation
Title/subject
Mohegan Tribal Resolution.
2009–28 ........................
Approval of Amended Tribal Air
Program Area Wide NOX Emission Limitation Regulation.
Mohegan Tribal Gaming
Authority Resolution
MTGA 2009–07.
Confirmation and Approval of
Amended Tribal Air Program
‘‘Area Wide NOX Emission Limitation Regulation.’’.
Memorandum of Agreement dated
December 26, 2006, between the
Mohegan Tribe of Indians of Connecticut and the U.S. Environmental Protection Agency Region
I.
Memorandum of Agreement.
[FR Doc. E9–23259 Filed 9–25–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3000 and 3200
[L13100000 PP0000 LLWO310000; L1990000
PO0000 LLWO320000]
RIN 1004–AE01
Minerals Management: Adjustment of
Cost Recovery Fees
AGENCY: Bureau of Land Management,
Interior.
ACTION: Final rule.
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DATES: This final rule is effective
October 1, 2009.
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Explanations
02/18/2009
09/29/09 [Insert Federal Register
page number where the document begins].
Mohegan Tribal Resolution 2009–28 includes the ‘‘Area
Wide NOx Emission
Limitation Regulation.’’
2/18/2009
09/29/09 [Insert Federal Register
page number where the document begins].
12/26/06
11/14/07, 72 FR 63988..
You may send inquiries or
suggestions to Director (630), Bureau of
Land Management, MS–LS 401, 1849 C
Street, NW., Washington, DC 20240;
Attention: RIN 1004–AE01.
FOR FURTHER INFORMATION CONTACT:
Steve Salzman, Acting Chief, Division of
Fluid Minerals, (202) 452–7777, or Faith
Bremner, Regulatory Affairs Analyst,
(202) 452–5042. Persons who use a
telecommunications device for the deaf
(TDD) may leave a message for these
individuals with the Federal
Information Relay Service (FIRS) at
1–800–877–8339, 24 hours a day, 7 days
a week.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
This final rule amends the
Bureau of Land Management (BLM)
mineral resources regulations to update
some fees that cover the BLM’s cost of
processing certain documents relating to
its mineral programs and some filing
fees for mineral-related documents.
These updates include fees for actions
such as lease applications, name
changes, corporate mergers, and lease
consolidations.
SUMMARY:
EPA approval date
The BLM has specific authority to
charge fees for processing applications
and other documents relating to public
lands under Section 304 of the Federal
Land Policy and Management Act of
1976 (FLPMA), 43 U.S.C. 1734. In 2005,
the BLM published a final cost recovery
rule (70 FR 58854) establishing or
revising certain fees and service charges,
and establishing the method it would
use to adjust those fees and service
charges on an annual basis.
At 43 CFR 3000.12(a), the regulations
provide that the BLM will annually
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adjust fees established in Subchapter C
according to changes in the Implicit
Price Deflator for Gross Domestic
Product (IPD–GDP), which is published
quarterly by the U.S. Department of
Commerce. See also 43 CFR 3000.10.
Because the fee recalculations are
simply based on a mathematical
formula, we have changed the fees in
this final rule without providing
opportunity for notice and comment.
This final rule will allow the BLM to
update these fees and service charges by
October 1 of this year, as required by the
2005 regulation. The public had an
opportunity to comment on this
procedure during the comment period
on the original cost recovery rule, and
this new rule simply administers the
procedure set forth in those regulations.
The Department of the Interior,
therefore, for good cause finds under 5
U.S.C. 553(b)(B) and (d)(3) that notice
and public comment procedures are
unnecessary and that the rule may be
effective less than 30 days after
publication.
II. Discussion of Final Rule
BLM publishes a fee update rule each
year, which becomes effective on
October 1 of that year. The fee updates
are based on the IPD–GDP for the 4th
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]]>Agencies
[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Rules and Regulations]
[Pages 49327-49330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23259]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[EPA-R01-OAR-2009-0305; A-1-FRL-8949-8]
Approval and Promulgation of Air Quality Implementation Plans;
Mohegan Tribe of Indians of Connecticut
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a Tribal Implementation Plan (``TIP'')
submitted by the Mohegan Tribe of Indians of Connecticut (``the
Tribe''). This revision adds new emission units to the Tribe's TIP,
while maintaining an enforceable cap on nitrogen oxide emissions from
stationary sources owned by the Mohegan Tribal Gaming Authority and
located within the external boundaries of the Mohegan Reservation. The
revision also provides the Administrator of The Mohegan Environmental
Protection Department with enforcement authority for violations of the
Mohegan TIP and establishes a right of appeal to the Director of
Regulation and Compliance and the Mohegan courts. This action is
intended to help attain the National Ambient Air Quality Standards
(NAAQS) for ground-level ozone. This action is being taken in
accordance with the Clean Air Act.
DATES: This direct final rule will be effective November 27, 2009,
unless EPA receives adverse comments by October 28, 2009. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2009-0305 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mcdonnell.ida@epa.gov.
3. Fax: (617) 918-0653.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2009-0305,''
Ida McDonnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAP),
Boston, MA 02114-2023.
5. Hand Delivery or Courier: Deliver your comments to: Ida
McDonnell, Air Permits, Toxics and Indoor Air Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One
[[Page 49328]]
Congress Street, 11th floor, (CAP), Boston, MA 02114-2023. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2009-0305. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or e-
mail, information that you consider to be CBI or otherwise protected.
The www.regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays.
In addition, copies of the Tribe's submittal and EPA's technical
support document are also available for public inspection during normal
business hours, by appointment at the Mohegan Tribe, Mohegan
Environmental Protection Department, 49 Sandy Desert Road, Uncasville,
CT 06382, telephone number (860) 862-6112.
FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics
and Indoor Air Unit, Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, One Congress
Street, 11th floor, (CAP), Boston, MA 02114-2023, telephone number
(617) 918-1653, fax number (617) 918-0653, e-mail
mcdonnell.ida@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, it means U.S. EPA, Region 1.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose: The Mohegan Tribe of Indians of
Connecticut (``the Tribe'') submitted a Tribal Implementation Plan
(``Mohegan TIP'') consisting of a tribal ordinance, entitled ``Area
Wide NOX Emissions Limitation Regulation,'' establishing a
limit on nitrogen oxide (``NOX'') emissions from stationary
sources owned by the Mohegan Tribal Gaming Authority and located within
the external boundaries of the Mohegan Reservation. The TIP was
submitted by the Tribe on May 4, 2005 and amended on August 22, 2007.
EPA granted approval of the Mohegan TIP in a rulemaking published on
November 14, 2007 (72 FR 63988).
Stationary sources owned by the Mohegan Tribal Gaming Authority
have the potential to emit \1\ NOx in major source amounts, but have
actual emissions that are below the major source thresholds. The
Mohegan TIP is a mechanism by which the emission limit for stationary
sources owned by the Mohegan Tribal Gaming Authority located within the
exterior boundaries of the Mohegan Reservation is enforceable as a
practical matter. The Mohegan TIP is the equivalent of a permit that
keeps the sources in ``synthetic minor'' status and ensures that the
source is legally prohibited from operating as a major source. In other
words, even though units owned by the Mohegan Tribal Gaming Authority
have the potential to emit NOx in major source amounts, they
will be considered minor sources and will avoid triggering CAA major
source requirements because the units collectively will be subject to
an enforceable emissions limitation.
---------------------------------------------------------------------------
\1\ Potential to emit means the maximum capacity of a stationary
source to emit any air pollutant under its physical and operational
design.
---------------------------------------------------------------------------
On April 17, 2009, the Tribe submitted a formal revision to the
Mohegan TIP (``Revision''). The Revision includes a monthly NOx
emissions limitation for new emission units, namely uncontrolled diesel
generators and controlled diesel generators. The Revision also removes
the classification for emergency diesel generators, as these emission
units constitute uncontrolled diesel generators. The Revision contains
monitoring, recordkeeping, reporting, and testing requirements for the
new emission units, as needed to assure compliance with the synthetic
minor limit. The inclusion of these units does not result in any
increase in potential emissions at the facility because the Area Wide
Limitation for NOx Emissions remains at 49 tons per year for each
twelve-month rolling year.
The Revision also vests the Administrator of The Mohegan
Environmental Protection Department with enforcement authority for
violations of the Mohegan TIP. Specifically, the Revision provides the
Administrator with the authority to assess civil penalties of up to
$25,000 per violation per day, as well as to issue cease and desist
orders, for violations of the Mohegan TIP. The Mohegan Gaming Disputes
Court formerly had the authority to perform these functions. Under the
Revision, any entity or individual whose legal rights are affected by
any decision of the Administrator regarding the enforcement of the
Mohegan TIP may appeal the decision to the Director of Regulation and
Compliance, and may subsequently appeal any decision of the Director of
Regulation and Compliance to the Mohegan Tribal Court or Mohegan Gaming
Disputes Court (``Mohegan Courts''), as appropriate.
II. Final Action: EPA is approving the Mohegan Tribal
Implementation Plan Revision, submitted by the Mohegan Tribe of Indians
of Connecticut on April 17, 2009. The Revision incorporates new
emission units with associated monitoring, recordkeeping and reporting
provisions for the facility
[[Page 49329]]
owned by the Mohegan Tribal Gaming Authority. The Revision also vests
the Administrator of The Mohegan Environmental Protection Department
with enforcement authority for violations of the Mohegan TIP and
establishes a right of appeal to the Director of Regulation and
Compliance and the Mohegan Courts.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the Proposed Rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the Mohegan TIP revision
should relevant adverse comments be filed. This rule will be effective
November 27, 2009 without further notice unless the Agency receives
relevant adverse comments by October 28, 2009.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on November 27, 2009 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
III. Statutory and Executive Order Reviews: Under the Clean Air
Act, the Administrator is required to approve a TIP submission that
complies with the provisions of the Act and applicable Federal
regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing TIP
submissions, EPA's role is to approve tribal choices, provided that
they meet the criteria of the Clean Air Act. Accordingly, this action
merely approves tribal law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by tribal law. For
that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). Since this rule
simply approves pre-existing tribal law, it does not result in any
direct costs or preemption of tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). Nonetheless, EPA has
consulted extensively with the Mohegan Tribe concerning this proposed
TIP revision.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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).
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 November 27, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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: August 13, 2009.
Ira Leighton,
Acting Regional Administrator, EPA New England.
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.
Subpart D--[Amended]
0
2. Section 49.201 is amended by revising paragraph (b) and (c) to read
as follows:
Sec. 49.201 Identification of plan.
* * * * *
(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. Entries in paragraph (c) of this section with EPA
approval dates after August 13, 2009, will be incorporated by
[[Page 49330]]
reference in the next update to the TIP compilation.
(2) EPA Region 1 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 August 13, 2009.
(3) Copies of the materials incorporated by reference may be
inspected at the New England Regional Office of EPA at One Congress
Street, Suite 1100, Boston, MA 02114-2023; 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. If you wish to obtain material from the EPA Regional
Office, please call 617-918-1653; for materials from the docket in EPA
Headquarters Library, please call the Office of Air and Radiation
docket at 202-566-1742. For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA-approved regulations.
EPA-Approved Mohegan Tribe of Indians of Connecticut Regulations
----------------------------------------------------------------------------------------------------------------
Tribal
Tribal citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Mohegan Tribal Resolution........ Approval of Amended 02/18/2009 09/29/09 [Insert Mohegan Tribal
2009-28.......................... Tribal Air Program Federal Register Resolution 2009-28
Area Wide NOX page number where includes the
Emission the document ``Area Wide NOx
Limitation begins]. Emission
Regulation. Limitation
Regulation.''
Mohegan Tribal Gaming Authority Confirmation and 2/18/2009 09/29/09 [Insert ...................
Resolution MTGA 2009-07. Approval of Federal Register
Amended Tribal Air page number where
Program ``Area the document
Wide NOX Emission begins].
Limitation
Regulation.''.
Memorandum of Agreement.......... Memorandum of 12/26/06 11/14/07, 72 FR
Agreement dated 63988..
December 26, 2006,
between the
Mohegan Tribe of
Indians of
Connecticut and
the U.S.
Environmental
Protection Agency
Region I.
----------------------------------------------------------------------------------------------------------------
[FR Doc. E9-23259 Filed 9-25-09; 8:45 am]
BILLING CODE 6560-50-P
