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 https:// 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 https://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: https://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

ENVIRONMENTAL PROTECTION AGENCY

[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 https://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 https://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: https://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

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