Approval and Promulgation of Gila River Indian Community's Tribal Implementation Plan, 17028-17032 [2011-7110]

Download as PDF 17028 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations jdjones on DSK8KYBLC1PROD with RULES event/demonstration permit applications can be obtained and where completed applications shall be submitted, whether by mail or in person. The relocation of the Division of Park Programs to a nearby park location does not substantially change the function of the special event/demonstration application process. It does not create additional or change permit requirements in the Code of Federal Regulations. This technical amendment also conforms to the longstanding administrative practice that applications directed to the Regional Director go to the Division of Park Programs. Further, this technical amendment updates the name of the NPS permit program office. The Office of Public Affairs no longer administers the NCR special event/demonstration program; that responsibility was transferred to the Division of Park Programs. Although under the management of NAMA, the Division of Park Programs continues to manage this permit program for nine NCR parks. No Public Comment Period/ Immediate Effective Date: The Department of the Interior has determined that the public notice and comment provisions of the Administrative Procedures Act (APA) 5 U.S.C. 553(b), do not apply to this rule because of a good cause exception under 5 U.S.C. 553(b)(3)(B). This exception allows an agency to suspend the noticeand-comment requirement when an agency finds for good cause that those requirements are impracticable, unnecessary, and contrary to the public interest. This rule changes the address for submitting applications; it makes no other substantive changes. Failure to immediately publish this change would be impracticable and would otherwise lead to confusion as to where applications should be submitted, which would undermine the ability of persons and groups to engage in permitted demonstrations and special events. For these reasons public comment is unnecessary and good cause exists for immediately publishing the final rule. For the same reasons, we have determined that there is good cause for making the final rule effective immediately, as allowed under the APA 5 U.S.C. 553(d), and 318 DM 4.7B(1)(i). List of Subjects in 36 CFR Part 7 District of Columbia, National parks, Reporting and recordkeeping requirements. In consideration of the reasons stated in the preamble, the National Park Service amends 36 CFR part 7 as follows: VerDate Mar<15>2010 15:20 Mar 25, 2011 Jkt 223001 AGENCY: dust and fugitive particulate matter, general prohibitory rules, and source category-specific emission limitations and standards. These provisions establish a base TIP that is suitable for the GRIC’s reservation and regulatory capacities and that meets all applicable minimum requirements of the Clean Air Act (CAA or Act) and EPA regulations. The effect of this action is to make the approved portions of the GRIC TIP federally enforceable under the CAA and to further protect air quality within the exterior boundaries of the GRIC reservation. DATES: This final rule is effective April 27, 2011. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of April 27, 2011. ADDRESSES: EPA has established a docket for this action under EPA–R09– OAR–2007–0296. Generally, documents in the docket for this action are available electronically at http:// www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multivolume reports) and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office, Environmental Protection Agency, Region 9 Office, 75 Hawthorne Street, San Francisco, CA 94105–3901, (415) 947–4192 or tax.wienke@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA. EPA is approving a Tribal implementation plan (TIP) submitted by the Gila River Indian Community (GRIC or Tribe) on February 21, 2007, as supplemented and amended on July 11, 2007, June 22, 2009, and July 17, 2010, and as described in our August 12, 2010 proposal. The TIP includes general and emergency authorities, ambient air quality standards, permitting requirements for minor sources of air pollution, enforcement authorities, procedures for administrative appeals and judicial review in Tribal court, requirements for area sources of fugitive Judicial Review 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 May 27, 2011. Under CAA section 307(d)(7)(b), only an objection to this final action that was raised with reasonable specificity during the public comment period can be raised during judicial review. This section also authorizes the convening of a proceeding for reconsideration in specified circumstances. Filing a petition requesting that the Administrator reconsider this final rule does not affect the finality of this action PART 7—SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM 1. The authority for part 7 continues to read as follows: ■ Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also issued under 36 U.S.C. 501–511, DC Code 10–137 (2001) and DC Code 50–2201.07 (2001). 2. In § 7.96, in paragraph (g) (3), revise the first two sentences to read as follows: ■ § 7.96 National Capital Region. * * * * * (g) * * * (3) Permit applications. Permit applications may be obtained at the Division of Park Programs, National Mall and Memorial Parks, 900 Ohio Drive SW., Washington, DC 20024. Applicants shall submit permit applications in writing on a form provided by the National Park Service so as to be received by the Regional Director at the Division of Park Programs at least 48 hours in advance of any proposed demonstration or special event. * * * * * * * * Dated: March 14, 2011. Will Shafroth, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2011–7146 Filed 3–25–11; 8:45 am] BILLING CODE 4312–JK–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 [EPA–R09–OAR–2007–0296, FRL–9259–9] Approval and Promulgation of Gila River Indian Community’s Tribal Implementation Plan Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\28MRR1.SGM 28MRR1 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 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 CAA section 307(b)(2).) I. Summary of the Proposed Action The GRIC reservation is located in south-central Arizona, adjacent to the Phoenix Metropolitan Area, in Pinal and Maricopa Counties. On August 12, 2010 (75 FR 48880), EPA proposed to approve a TIP submitted by the GRIC on February 21, 2007, as supplemented and amended on July 11, 2007, June 22, 2009, and July 17, 2010, and as described in the proposal. The TIP includes general and emergency authorities, ambient air quality standards, permitting requirements for minor sources of air pollution, enforcement authorities, procedures for administrative appeals and judicial review in Tribal court, requirements for area sources of fugitive dust and fugitive particulate matter, general prohibitory rules, and source category-specific emission limitations and standards. The TIP is one of four regulatory programs that comprise the GRIC’s Air Quality Management Plan (AQMP).1 We proposed to approve only those portions of the GRIC AQMP that constitute a TIP containing severable elements of an implementation plan under section 110 of the CAA, as discussed in this notice and in our August 12, 2010 proposal. These severable plan elements establish a base TIP that is suitable for the GRIC’s reservation and regulatory capacities and that meets all applicable minimum requirements of the CAA, the Tribal Authority Rule in 40 CFR part 49 (TAR), and other applicable CAA regulations. For a more detailed description of the TIP, our evaluation of the TIP and supplemental information, and our rationale for our proposed action, please see the August 12, 2010 proposed rule and related Technical Support Document, both of which can be found in the docket for today’s action. jdjones on DSK8KYBLC1PROD with RULES II. EPA’s Response to Comments Our August 12, 2010 proposed rule provided for a 30-day comment period, which ended on September 13, 2010. We received two public comment letters expressing only support for our 1 The other three AQMP programs implement the New Source Performance Standards (NSPS) under CAA 111; the National Emission Standards for Hazardous Air Pollutants (NESHAP) under CAA 112; and title V operating permit requirements. We are not acting today on these other elements of the GRIC AQMP. VerDate Mar<15>2010 15:20 Mar 25, 2011 Jkt 223001 proposed action. The two letters of support that we received can be found in the docket for today’s action. III. Final Action Under CAA sections 110(o), 110(k)(3) and 301(d), EPA is fully approving the TIP submitted by the GRIC DEQ on February 21, 2007, as supplemented and amended on July 11, 2007, June 22, 2009, and July 17, 2010, and as described in our August 12, 2010 proposal (75 FR 48880). For the reasons set forth in this document and in the August 12, 2010 proposed rule, we conclude that the TIP meets the applicable requirements of CAA section 110, EPA’s implementing regulations, CAA section 301(d) and the TAR in 40 CFR part 49. The TIP includes the following severable elements of an implementation plan under section 110 of the CAA: • General authorities that satisfy the requirement in CAA section 110(a)(2)(J) to meet applicable requirements of CAA section 121 (relating to consultation) and section 127 (relating to public notification), and that also satisfy the requirement in CAA section 110(a)(2)(M) to provide for consultation and participation by local political subdivisions affected by the plan; • Emergency powers that satisfy the requirement in CAA section 110(a)(2)(G) to provide for authority comparable to the emergency powers in section 303 of the Act; • Procedural requirements for preparation, adoption, submission to EPA, and revision of the TIP that satisfy the applicable requirements of CAA section 110(a)(2) and 40 CFR part 51, subpart F; • Air quality standards and measurement methods that are consistent with the National Ambient Air Quality Standards in 40 CFR 50.4 through 50.8 and 50.10 through 50.12, as effective in October 2006; • Legally enforceable procedures to regulate the construction, modification, and operation of ‘‘non-title V sources’’ (‘‘minor sources’’) that establish a base program suitable to the GRIC’s reservation and that satisfy the minimum requirements of CAA section 110(a)(2)(C) and 40 CFR 51.160 through 51.164; • Requirements and procedures for enforcement consistent with CAA section 110(a)(2)(C) that provide necessary assurances that the Tribe will have adequate authority under Tribal law to carry out the TIP, as required by CAA section 110(a)(2)(E)(i); • Requirements and procedures for administrative appeals, final administrative decisions, and judicial PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 17029 review of final administrative decisions that establish adequate procedures for review of the Director’s decisions under the TIP and that satisfy the applicable requirements of CAA sections 110(a)(2)(C) and 110(a)(2)(E)(i); and • Area source emission limits, general prohibitory rules, and source categoryspecific emission limitations that satisfy EPA’s enforceability requirements under CAA section 110(a)(2)(A). EPA is approving these provisions as elements of a base TIP under CAA section 110 that is suitable to the GRIC’s reservation and regulatory capacities. We are not acting today on those elements of the GRIC AQMP that address requirements of CAA title V or any other program under the Act. We intend to take separate action on other CAA programs submitted by the GRIC DEQ, as appropriate. IV. 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’’ (59 FR 22951, 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 GRIC. However, it will neither impose substantial direct compliance costs on tribal governments, nor preempt tribal law. EPA is E:\FR\FM\28MRR1.SGM 28MRR1 jdjones on DSK8KYBLC1PROD with RULES 17030 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations approving the GRIC’s TIP at the request of the Tribe. Tribal law will not be preempted as the GRIC has already incorporated the TIP into Tribal Law on December 13, 2006. 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 GRIC early in the process of developing these regulations to permit them to have meaningful and timely input into their development. In order to administer an approved TIP, tribes must be determined eligible (40 CFR part 49) for Treatment as State (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. GRIC and EPA also worked together throughout the process of development and Tribal adoption of the TIP. The Tribe and EPA also entered into a criminal enforcement MOA. This action 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 Tribal rules implementing a TIP over areas within the exterior boundaries of the Gila River Indian Community’s reservation, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This action 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, ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). This action 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 not economically significant. In reviewing TIP submissions, EPA’s role is to approve an eligible tribe’s submission, provided that it meets the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the tribe to use voluntary consensus standards (VCS), VerDate Mar<15>2010 15:20 Mar 25, 2011 Jkt 223001 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 provision that otherwise satisfies the requirements 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) 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. 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). List of Subjects in 40 CFR Part 49 Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Incorporation by reference, Indians, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: January 19, 2011. Jared Blumenfeld, Regional Administrator, Region IX. 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 L—Implementation Plans for Tribes—Region IX 2. Subpart L of part 49 is amended by adding an undesignated center heading and § 49.5511 to read as follows: ■ PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Implementation Plan for the Gila River Indian Community § 49.5511 Identification of plan. (a) Purpose and scope. This section contains the approved implementation plan for the Gila River Indian Community dated August 2008. The plan consists of programs and procedures that cover general and emergency authorities, ambient air quality standards, permitting requirements for minor sources of air pollution, enforcement authorities, procedures for administrative appeals and judicial review in Tribal court, requirements for area sources of fugitive dust and fugitive particulate matter, general prohibitory rules, and source category-specific emission limitations and standards. (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 IX 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 January 19, 2011. (3) Copies of the materials incorporated by reference may be inspected at the Region IX Office of EPA at 75 Hawthorne Street, San Francisco, CA 94105–3901 or call 415–947–4192; 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 or call 202–566– 1742; 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. E:\FR\FM\28MRR1.SGM 28MRR1 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 17031 EPA-APPROVED GILA RIVER INDIAN COMMUNITY TRIBAL REGULATIONS Tribal citation Title/subject Tribal effective date EPA approval date Gila River Indian Community, Tribal Implementation Plan, Part I, General Provisions, Sections 1–3. Definitions, General Authority, Procedures for Preparation, Adoption, and Submittal of the Air Quality Management Program. Adoption of National Ambient Air Quality Standards as Community Standards. August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER PAGE NUMBER WHERE THE DOCUMENT BEGINS]. August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER PAGE NUMBER WHERE THE DOCUMENT BEGINS]. Definitions, Applicability of Permit Requirements, Non-Title V Permit Requirements, Permit Revisions at a Non-Title V Source, Continuous Emissions Monitoring, Stack Height Limitation, Confidentiality of Information, Permit Fees. Civil Enforcement, Criminal Enforcement, Citizen Suits. August 20, 2008 ...... 3/29/11 [INSERT FEDERAL REGISTER PAGE NUMBER WHERE THE DOCUMENT BEGINS]. August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER PAGE NUMBER WHERE THE DOCUMENT BEGINS]. General Provisions, Definitions, Administrative Appeals Procedures, Final Administrative Decision: Review, Judicial Review of Final Administrative Decisions. Open Burning, General Requirements for Fugitive Dust-Producing Activities. August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER PAGE NUMBER WHERE THE DOCUMENT BEGINS]. August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER PAGE NUMBER WHERE THE DOCUMENT BEGINS]. Visible Emissions; VOC Usage, Storage, and Handling; Degreasing and Solvent Metal Cleaning. August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER PAGE NUMBER WHERE THE DOCUMENT BEGINS]. Secondary Aluminum Production, Aerospace Manufacturing and Rework Operations, Nonmetallic Mineral Mining and Processing. August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER PAGE NUMBER WHERE THE DOCUMENT BEGINS]. Gila River Indian Community, Tribal Implementation Plan, Part I, General Provisions, Section 4. Gila River Indian Community, Tribal Implementation Plan, Part II, Permit Requirements. Gila River Indian Community, Tribal Implementation Plan, Part III, Enforcement Ordinances. Gila River Indian Community, Tribal Implementation Plan, Part IV, Administrative Appeals. Gila River Indian Community, Tribal Implementation Plan, Part V, Area Source Emission Limits, Sections 1–2. Gila River Indian Community, Tribal Implementation Plan, Part VI, Generally Applicable Individual Source Requirements for Existing and New Sources, Sections 1–3. Gila River Indian Community, Tribal Implementation Plan, Part VII, Source/Category Specific Emission Limits for Existing and New Sources, Sections 1–3. Explanations Note: several revisions to the NAAQS have occurred since the adoption of the TIP. Title V regulations are not approved into the TIP. (d) Nonregulatory. Tribal submittal date Gila River Indian Community, Tribal Implementation Plan, Introductory Materials. jdjones on DSK8KYBLC1PROD with RULES Name of nonregulatory TIP provision June 22, 2009 .............. Technical Amendments to Part II of the 2006 Air Quality Management Program Plan, Title 17 Chapter 9 of the Gila River Indian Community Law and Order Code. June 22, 2009 .............. VerDate Mar<15>2010 15:20 Mar 25, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4700 EPA approval date 3/28/11 PAGE MENT 3/28/11 PAGE MENT Sfmt 4700 [INSERT NUMBER BEGINS]. [INSERT NUMBER BEGINS]. Explanations FEDERAL REGISTER WHERE THE DOCUFEDERAL REGISTER WHERE THE DOCU- E:\FR\FM\28MRR1.SGM 28MRR1 Minor NSR program support documents. 17032 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations Name of nonregulatory TIP provision Tribal submittal date Minor New Source Review Demonstration .... June 22, 2009 .............. Letter from Margaret Cook, Executive Director, GRIC DEQ, to Deborah Jordan, Air Division Director, EPA Region 9, Re: Gila River Indian Community Tribal Implementation Plan. July 17, 2010 ............... BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [WC Docket No. 07–267; FCC 09–56] Forbearance Petition Filing Requirements Federal Communications Commission. ACTION: Final rule; confirmation of effective date. AGENCY: On August 6, 2009, the Commission published a final rule adopting procedural rules to govern petitions for forbearance filed pursuant to section 10 of the Communications Act of 1934, as amended. One section within that document could not take effect until the Office of Management and Budget (OMB) had approved the associated information collection requirements. OMB approved those information collection requirements on April 5, 2010, under OMB Control Number 3060–1138. This document confirms the effective date of that rule. DATES: 47 CFR 1.54, published at 74 FR 39219, August 6, 2009, is effective March 28, 2011. FOR FURTHER INFORMATION CONTACT: Jonathan Reel, Competition Policy Division, Wireline Competition Bureau, at 202–418–1885 or e-mail: Jonathan.Reel@fcc.gov. SUMMARY: This document announces that, on April 5, 2010, OMB approved, for a period of three years, the information collection requirements contained in the Commission’s ‘‘complete as filed rule’’ for forbearance petitions under section 10 of the Communications Act of 1934, as amended. The Commission adopted that rule in its Forbearance Procedures Order. The rule is codified at 47 CFR 1.54. This notice confirms that the Commission received OMB approval for that collection on April 5, 2010 (OMB Control Number is 3060–1138). jdjones on DSK8KYBLC1PROD with RULES VerDate Mar<15>2010 15:20 Mar 25, 2011 Jkt 223001 3/28/11 PAGE MENT 3/28/11 PAGE MENT [INSERT NUMBER BEGINS]. [INSERT NUMBER BEGINS]. Minor NSR program support documents. FEDERAL REGISTER WHERE THE DOCU- Letter discussing intent of citizen suit provisions in Part III. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2011–7236 Filed 3–25–11; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 101029427–0609–02] RIN 0648–XA301 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. AGENCY: NMFS announces that the State of North Carolina is transferring a portion of its 2010 and 2011 commercial summer flounder quotas to the Commonwealth of Virginia. Vessels were authorized by Virginia to land summer flounder under safe harbor provisions, thereby requiring a quota transfer to account for an increase in Virginia’s landings that would have otherwise accrued against the North Carolina quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved. SUMMARY: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Explanations FEDERAL REGISTER WHERE THE DOCU- Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. Questions concerning OMB Control Number 3060–1138 and its expiration date should be directed to Judith BoleyHerman, Federal Communications Commission, Room 1–B441, 445 12th Street, SW., Washington, DC. [FR Doc. 2011–7110 Filed 3–25–11; 8:45 am] SUPPLEMENTARY INFORMATION: EPA approval date Effective March 23, 2011 through December 31, 2011. DATES: FOR FURTHER INFORMATION CONTACT: Carly Knoell, Fishery Management Specialist, 978–281–9224. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.100. The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which was published on December 17, 1993 (58 FR 65936), provided a mechanism for summer flounder quota to be transferred from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine summer flounder commercial quota under § 648.100(d). The Regional Administrator is required to consider the criteria set forth in § 648.100(d)(3) in the evaluation of requests for quota transfers or combinations. North Carolina has agreed to transfer 106,013 lb (48,087 kg) of its 2011 commercial quota and 13,500 lb (6,123 kg) of its 2010 commercial quota to Virginia. This transfer was prompted by summer flounder landings of 18 North Carolina vessels that were granted safe harbor in Virginia due to mechanical problems and/or severe winter storm conditions between December 31, 2010, and March 1, 2011. The Regional Administrator has determined that the criteria set forth in § 648.100(d)(3) have been met. The revised summer flounder quotas for calendar year 2010 are: North Carolina, 3,344,731 lb (1,517,144 kg); and Virginia, 2,935,726 lb (1,331,623 kg). The revised summer flounder quotas for calendar year 2011 are: North Carolina, 4,662,739 lb (2,114,983 kg); and Virginia, 3,809,829 lb (1,728,109 kg). E:\FR\FM\28MRR1.SGM 28MRR1

Agencies

[Federal Register Volume 76, Number 59 (Monday, March 28, 2011)]
[Rules and Regulations]
[Pages 17028-17032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7110]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R09-OAR-2007-0296, FRL-9259-9]


Approval and Promulgation of Gila River Indian Community's Tribal 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a Tribal implementation plan (TIP) submitted 
by the Gila River Indian Community (GRIC or Tribe) on February 21, 
2007, as supplemented and amended on July 11, 2007, June 22, 2009, and 
July 17, 2010, and as described in our August 12, 2010 proposal. The 
TIP includes general and emergency authorities, ambient air quality 
standards, permitting requirements for minor sources of air pollution, 
enforcement authorities, procedures for administrative appeals and 
judicial review in Tribal court, requirements for area sources of 
fugitive dust and fugitive particulate matter, general prohibitory 
rules, and source category-specific emission limitations and standards. 
These provisions establish a base TIP that is suitable for the GRIC's 
reservation and regulatory capacities and that meets all applicable 
minimum requirements of the Clean Air Act (CAA or Act) and EPA 
regulations. The effect of this action is to make the approved portions 
of the GRIC TIP federally enforceable under the CAA and to further 
protect air quality within the exterior boundaries of the GRIC 
reservation.

DATES: This final rule is effective April 27, 2011. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of April 27, 2011.

ADDRESSES: EPA has established a docket for this action under EPA-R09-
OAR-2007-0296. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While 
all documents in the docket are listed at http://www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps, multi-volume reports) 
and some may not be available in either location (e.g., confidential 
business information (CBI)). To inspect the hard copy materials, please 
schedule an appointment during normal business hours with the contact 
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office, 
Environmental Protection Agency, Region 9 Office, 75 Hawthorne Street, 
San Francisco, CA 94105-3901, (415) 947-4192 or tax.wienke@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we'', 
``us'', and ``our'' refer to EPA.

Judicial Review

    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 May 27, 2011. Under CAA 
section 307(d)(7)(b), only an objection to this final action that was 
raised with reasonable specificity during the public comment period can 
be raised during judicial review. This section also authorizes the 
convening of a proceeding for reconsideration in specified 
circumstances. Filing a petition requesting that the Administrator 
reconsider this final rule does not affect the finality of this action

[[Page 17029]]

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 
CAA section 307(b)(2).)

I. Summary of the Proposed Action

    The GRIC reservation is located in south-central Arizona, adjacent 
to the Phoenix Metropolitan Area, in Pinal and Maricopa Counties. On 
August 12, 2010 (75 FR 48880), EPA proposed to approve a TIP submitted 
by the GRIC on February 21, 2007, as supplemented and amended on July 
11, 2007, June 22, 2009, and July 17, 2010, and as described in the 
proposal. The TIP includes general and emergency authorities, ambient 
air quality standards, permitting requirements for minor sources of air 
pollution, enforcement authorities, procedures for administrative 
appeals and judicial review in Tribal court, requirements for area 
sources of fugitive dust and fugitive particulate matter, general 
prohibitory rules, and source category-specific emission limitations 
and standards.
    The TIP is one of four regulatory programs that comprise the GRIC's 
Air Quality Management Plan (AQMP).\1\ We proposed to approve only 
those portions of the GRIC AQMP that constitute a TIP containing 
severable elements of an implementation plan under section 110 of the 
CAA, as discussed in this notice and in our August 12, 2010 proposal. 
These severable plan elements establish a base TIP that is suitable for 
the GRIC's reservation and regulatory capacities and that meets all 
applicable minimum requirements of the CAA, the Tribal Authority Rule 
in 40 CFR part 49 (TAR), and other applicable CAA regulations.
---------------------------------------------------------------------------

    \1\ The other three AQMP programs implement the New Source 
Performance Standards (NSPS) under CAA 111; the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) under CAA 112; and 
title V operating permit requirements. We are not acting today on 
these other elements of the GRIC AQMP.
---------------------------------------------------------------------------

    For a more detailed description of the TIP, our evaluation of the 
TIP and supplemental information, and our rationale for our proposed 
action, please see the August 12, 2010 proposed rule and related 
Technical Support Document, both of which can be found in the docket 
for today's action.

II. EPA's Response to Comments

    Our August 12, 2010 proposed rule provided for a 30-day comment 
period, which ended on September 13, 2010. We received two public 
comment letters expressing only support for our proposed action. The 
two letters of support that we received can be found in the docket for 
today's action.

III. Final Action

    Under CAA sections 110(o), 110(k)(3) and 301(d), EPA is fully 
approving the TIP submitted by the GRIC DEQ on February 21, 2007, as 
supplemented and amended on July 11, 2007, June 22, 2009, and July 17, 
2010, and as described in our August 12, 2010 proposal (75 FR 48880). 
For the reasons set forth in this document and in the August 12, 2010 
proposed rule, we conclude that the TIP meets the applicable 
requirements of CAA section 110, EPA's implementing regulations, CAA 
section 301(d) and the TAR in 40 CFR part 49. The TIP includes the 
following severable elements of an implementation plan under section 
110 of the CAA:
     General authorities that satisfy the requirement in CAA 
section 110(a)(2)(J) to meet applicable requirements of CAA section 121 
(relating to consultation) and section 127 (relating to public 
notification), and that also satisfy the requirement in CAA section 
110(a)(2)(M) to provide for consultation and participation by local 
political subdivisions affected by the plan;
     Emergency powers that satisfy the requirement in CAA 
section 110(a)(2)(G) to provide for authority comparable to the 
emergency powers in section 303 of the Act;
     Procedural requirements for preparation, adoption, 
submission to EPA, and revision of the TIP that satisfy the applicable 
requirements of CAA section 110(a)(2) and 40 CFR part 51, subpart F;
     Air quality standards and measurement methods that are 
consistent with the National Ambient Air Quality Standards in 40 CFR 
50.4 through 50.8 and 50.10 through 50.12, as effective in October 
2006;
     Legally enforceable procedures to regulate the 
construction, modification, and operation of ``non-title V sources'' 
(``minor sources'') that establish a base program suitable to the 
GRIC's reservation and that satisfy the minimum requirements of CAA 
section 110(a)(2)(C) and 40 CFR 51.160 through 51.164;
     Requirements and procedures for enforcement consistent 
with CAA section 110(a)(2)(C) that provide necessary assurances that 
the Tribe will have adequate authority under Tribal law to carry out 
the TIP, as required by CAA section 110(a)(2)(E)(i);
     Requirements and procedures for administrative appeals, 
final administrative decisions, and judicial review of final 
administrative decisions that establish adequate procedures for review 
of the Director's decisions under the TIP and that satisfy the 
applicable requirements of CAA sections 110(a)(2)(C) and 
110(a)(2)(E)(i); and
     Area source emission limits, general prohibitory rules, 
and source category-specific emission limitations that satisfy EPA's 
enforceability requirements under CAA section 110(a)(2)(A).
    EPA is approving these provisions as elements of a base TIP under 
CAA section 110 that is suitable to the GRIC's reservation and 
regulatory capacities. We are not acting today on those elements of the 
GRIC AQMP that address requirements of CAA title V or any other program 
under the Act. We intend to take separate action on other CAA programs 
submitted by the GRIC DEQ, as appropriate.

IV. 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'' (59 FR 22951, 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 GRIC. However, it will neither impose substantial 
direct compliance costs on tribal governments, nor preempt tribal law. 
EPA is

[[Page 17030]]

approving the GRIC's TIP at the request of the Tribe. Tribal law will 
not be preempted as the GRIC has already incorporated the TIP into 
Tribal Law on December 13, 2006. 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 GRIC early in the 
process of developing these regulations to permit them to have 
meaningful and timely input into their development. In order to 
administer an approved TIP, tribes must be determined eligible (40 CFR 
part 49) for Treatment as State (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. GRIC and EPA also worked together throughout the process of 
development and Tribal adoption of the TIP. The Tribe and EPA also 
entered into a criminal enforcement MOA.
    This action 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 Tribal rules implementing a TIP over areas within 
the exterior boundaries of the Gila River Indian Community's 
reservation, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
action 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, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations'' (59 FR 
7629, February 16, 1994). This action 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 not 
economically significant.
    In reviewing TIP submissions, EPA's role is to approve an eligible 
tribe's submission, provided that it meets the criteria of the Clean 
Air Act. In this context, in the absence of a prior existing 
requirement for the tribe 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 provision that 
otherwise satisfies the requirements 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) 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. 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).

List of Subjects in 40 CFR Part 49

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Incorporation by reference, 
Indians, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: January 19, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.

    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 L--Implementation Plans for Tribes--Region IX

0
2. Subpart L of part 49 is amended by adding an undesignated center 
heading and Sec.  49.5511 to read as follows:
Implementation Plan for the Gila River Indian Community


Sec.  49.5511  Identification of plan.

    (a) Purpose and scope. This section contains the approved 
implementation plan for the Gila River Indian Community dated August 
2008. The plan consists of programs and procedures that cover general 
and emergency authorities, ambient air quality standards, permitting 
requirements for minor sources of air pollution, enforcement 
authorities, procedures for administrative appeals and judicial review 
in Tribal court, requirements for area sources of fugitive dust and 
fugitive particulate matter, general prohibitory rules, and source 
category-specific emission limitations and standards.
    (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 IX 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 January 19, 2011.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region IX Office of EPA at 75 Hawthorne Street, San 
Francisco, CA 94105-3901 or call 415-947-4192; 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 or call 202-566-1742; 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.

[[Page 17031]]



                           EPA-Approved Gila River Indian Community Tribal Regulations
----------------------------------------------------------------------------------------------------------------
                                                     Tribal effective
        Tribal citation            Title/subject           date           EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
Gila River Indian Community,     Definitions,       August 20, 2008..  3/28/11 [INSERT         .................
 Tribal Implementation Plan,      General                               FEDERAL REGISTER PAGE
 Part I, General Provisions,      Authority,                            NUMBER WHERE THE
 Sections 1-3.                    Procedures for                        DOCUMENT BEGINS].
                                  Preparation,
                                  Adoption, and
                                  Submittal of the
                                  Air Quality
                                  Management
                                  Program.
Gila River Indian Community,     Adoption of        August 20, 2008..  3/28/11 [INSERT         Note: several
 Tribal Implementation Plan,      National Ambient                      FEDERAL REGISTER PAGE   revisions to the
 Part I, General Provisions,      Air Quality                           NUMBER WHERE THE        NAAQS have
 Section 4.                       Standards as                          DOCUMENT BEGINS].       occurred since
                                  Community                                                     the adoption of
                                  Standards.                                                    the TIP.
Gila River Indian Community,     Definitions,       August 20, 2008..  3/29/11 [INSERT         Title V
 Tribal Implementation Plan,      Applicability of                      FEDERAL REGISTER PAGE   regulations are
 Part II, Permit Requirements.    Permit                                NUMBER WHERE THE        not approved
                                  Requirements,                         DOCUMENT BEGINS].       into the TIP.
                                  Non-Title V
                                  Permit
                                  Requirements,
                                  Permit Revisions
                                  at a Non-Title V
                                  Source,
                                  Continuous
                                  Emissions
                                  Monitoring,
                                  Stack Height
                                  Limitation,
                                  Confidentiality
                                  of Information,
                                  Permit Fees.
Gila River Indian Community,     Civil              August 20, 2008..  3/28/11 [INSERT         .................
 Tribal Implementation Plan,      Enforcement,                          FEDERAL REGISTER PAGE
 Part III, Enforcement            Criminal                              NUMBER WHERE THE
 Ordinances.                      Enforcement,                          DOCUMENT BEGINS].
                                  Citizen Suits.
Gila River Indian Community,     General            August 20, 2008..  3/28/11 [INSERT         .................
 Tribal Implementation Plan,      Provisions,                           FEDERAL REGISTER PAGE
 Part IV, Administrative          Definitions,                          NUMBER WHERE THE
 Appeals.                         Administrative                        DOCUMENT BEGINS].
                                  Appeals
                                  Procedures,
                                  Final
                                  Administrative
                                  Decision:
                                  Review, Judicial
                                  Review of Final
                                  Administrative
                                  Decisions.
Gila River Indian Community,     Open Burning,      August 20, 2008..  3/28/11 [INSERT         .................
 Tribal Implementation Plan,      General                               FEDERAL REGISTER PAGE
 Part V, Area Source Emission     Requirements for                      NUMBER WHERE THE
 Limits, Sections 1-2.            Fugitive Dust-                        DOCUMENT BEGINS].
                                  Producing
                                  Activities.
Gila River Indian Community,     Visible            August 20, 2008..  3/28/11 [INSERT         .................
 Tribal Implementation Plan,      Emissions; VOC                        FEDERAL REGISTER PAGE
 Part VI, Generally Applicable    Usage, Storage,                       NUMBER WHERE THE
 Individual Source Requirements   and Handling;                         DOCUMENT BEGINS].
 for Existing and New Sources,    Degreasing and
 Sections 1-3.                    Solvent Metal
                                  Cleaning.
Gila River Indian Community,     Secondary          August 20, 2008..  3/28/11 [INSERT         .................
 Tribal Implementation Plan,      Aluminum                              FEDERAL REGISTER PAGE
 Part VII, Source/Category        Production,                           NUMBER WHERE THE
 Specific Emission Limits for     Aerospace                             DOCUMENT BEGINS].
 Existing and New Sources,        Manufacturing
 Sections 1-3.                    and Rework
                                  Operations,
                                  Nonmetallic
                                  Mineral Mining
                                  and Processing.
----------------------------------------------------------------------------------------------------------------

     (d) Nonregulatory.

----------------------------------------------------------------------------------------------------------------
 Name of nonregulatory TIP provision    Tribal submittal date      EPA approval date           Explanations
----------------------------------------------------------------------------------------------------------------
Gila River Indian Community, Tribal    June 22, 2009..........  3/28/11 [INSERT FEDERAL  .......................
 Implementation Plan, Introductory                               REGISTER PAGE NUMBER
 Materials.                                                      WHERE THE DOCUMENT
                                                                 BEGINS].
Technical Amendments to Part II of     June 22, 2009..........  3/28/11 [INSERT FEDERAL  Minor NSR program
 the 2006 Air Quality Management                                 REGISTER PAGE NUMBER     support documents.
 Program Plan, Title 17 Chapter 9 of                             WHERE THE DOCUMENT
 the Gila River Indian Community Law                             BEGINS].
 and Order Code.

[[Page 17032]]

 
Minor New Source Review Demonstration  June 22, 2009..........  3/28/11 [INSERT FEDERAL  Minor NSR program
                                                                 REGISTER PAGE NUMBER     support documents.
                                                                 WHERE THE DOCUMENT
                                                                 BEGINS].
Letter from Margaret Cook, Executive   July 17, 2010..........  3/28/11 [INSERT FEDERAL  Letter discussing
 Director, GRIC DEQ, to Deborah                                  REGISTER PAGE NUMBER     intent of citizen suit
 Jordan, Air Division Director, EPA                              WHERE THE DOCUMENT       provisions in Part
 Region 9, Re: Gila River Indian                                 BEGINS].                 III.
 Community Tribal Implementation Plan.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-7110 Filed 3-25-11; 8:45 am]
BILLING CODE 6560-50-P