Sunshine Act Meeting, 23482 [2012-9615]
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Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Notices
owned treatment works (POTWs). EPA
did not authorize the state to regulate
cooling water intake structures under
CWA section 316(b) (33 U.S.C. 1326(b)).
66 FR 12792.
mstockstill on DSK4VPTVN1PROD with NOTICES
2003 Partial Approval of the Program
in Indian Territories
On October 31, 2003, EPA approved
the State of Maine’s application to
administer the NPDES program in the
Indian territories of the Penobscot
Indian Nation and the Passamaquoddy
Tribe, with the exception of any
discharges that qualified as ‘‘internal
tribal matters’’ under MICSA and MIA.
68 FR 65052 (Nov. 18, 2003). This
action generally authorized the state to
administer the NPDES program in the
territories of the two largest Indian
tribes in the state, finding that the
combination of MICSA and MIA created
a unique jurisdictional arrangement that
granted the state authority to issue
permits to dischargers. EPA did not
approve the state’s program to regulate
two small tribally-owned and operated
POTWs. EPA determined that these
POTWs qualified as internal tribal
matters and, therefore, fell within an
enumerated exception to the grant of
jurisdiction to the state in MICSA and
MIA. EPA did not take action on the
state’s application as it applied to the
territories of the two smaller federallyrecognized tribes in the state, the
Houlton Band of Maliseet Indians and
the Aroostook Band of Micmac Indians.
These two tribes are subject to
jurisdictional provisions separate from
those that apply to the Penobscot and
Passamaquoddy tribes. EPA’s 2003
action addressed all the Indian
territories that included existing point
source dischargers covered by the
NPDES program.
Appeal and Decision in Maine v.
Johnson
Several parties petitioned for judicial
review of EPA’s 2003 decision partially
approving Maine’s NPDES program in
the Penobscot and Passamaquoddy
Indian territories. The Penobscot Nation
and Passamaquoddy Tribe challenged
EPA’s decision to generally approve the
state to administer the program in their
territories. The State of Maine and a
coalition of public and private NPDES
permit holders challenged EPA’s
decision to disapprove the state’s
program as to the two small tribal
POTWs based on the finding that
permitting those discharges qualified as
an internal tribal matter.
On August 8, 2007, the U.S. Court of
Appeals for the First Circuit issued its
opinion in Maine v. Johnson. 498 F.3d
37. The court held that EPA had
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correctly determined that MICSA and
MIA granted the state sufficient
authority to administer the NPDES
permit program in the territories of
these two tribes. The court disagreed
with EPA’s finding, however, that
permitting the two small tribal POTWs
qualified as an internal tribal matter. It
found that ‘‘[d]ischarging pollutants into
navigable waters is not of the same
character as tribal elections, tribal
membership or other exemplars [of
internal tribal matters] that relate to the
structure of Indian government or the
distribution of tribal property.’’ Id. at 46.
The court affirmed EPA’s approval of
Maine’s NPDES program, but vacated
EPA’s decision to withhold program
approval with respect to issuing NDPES
permits to the two tribal POTWs and
remanded the matter back to EPA to
amend the program approval consistent
with its opinion. Id. at 48–49. The
court’s mandate was issued on October
2, 2007.
Program Approval To Address the
Court’s Remand
EPA proposed to implement the
court’s order by modifying its approval
of Maine’s NPDES program to authorize
the State to issue NPDES permits for all
discharges within the Indian territories
of the Penobscot Nation and
Passamaquoddy Tribe. 76 FR 29747
(May 23, 2011). Additionally, the notice
stated that EPA does not plan to
undertake a case-by-case analysis of any
new discharges to determine whether
they qualify as internal tribal matters
under MICSA and MIA. EPA received
no public comments on the record in
response to the May 23, 2011 proposal.
As a result, the state will assume
responsibility from EPA for issuing and
administering the permits for the
Penobscot Nation Indian Island
treatment works (EPA NPDES Permit
No. ME 0101311 and MEPDES License
No. 2672) and the Passamaquoddy
Tribal Council treatment works (EPA
NPDES Permit No. 1011773 and
MEPDES License No. 2561). Neither
tribe has applied to EPA to implement
the NPDES permit program, so this
action does not address the question of
either tribe’s authority to implement the
program.
The finalization of this action does
not modify the types of activities
covered by Maine’s base program as
EPA approved it in 2001. Thus, the
state’s program does not include
regulation of cooling water intake
structures under CWA section 316(b).
Nor is EPA taking action on Maine’s
application to implement the NPDES
permit program in the territories of the
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Houlton Band of Maliseet Indians and
the Aroostook Band of Micmac Indians.
Authority: This action is taken under the
authority of Section 402 of the Clean Water
Act as amended, 42 U.S.C. 1342.
Dated: March 28, 2012.
H. Curtis Spalding,
Regional Administrator, Region 1.
[FR Doc. 2012–9450 Filed 4–18–12; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL ELECTION COMMISSION
Sunshine Act Meeting
Federal Election Commission.
Tuesday, April 24, 2012
at 10 a.m.
PLACE: 999 E Street NW., Washington,
DC.
STATUS: This meeting will be closed to
the public.
ITEMS TO BE DISCUSSED:
Compliance matters pursuant to
2 U.S.C. 437g.
Audits conducted pursuant to 2 U.S.C.
437g, 438(b), and Title 26, U.S.C.
Matters concerning participation in civil
actions or proceedings or arbitration.
Internal personnel rules and procedures
or matters affecting a particular
employee.
Investigatory records compiled for law
enforcement purposes, or information
which if written would be contained
in such records.
Information the premature disclosure of
which would be likely to have a
considerable adverse effect on the
implementation of a proposed
Commission action.
*
*
*
*
*
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer. Telephone:
(202) 694–1220.
AGENCY:
DATE AND TIME:
Shawn Woodhead Werth,
Secretary of the Commission.
[FR Doc. 2012–9615 Filed 4–17–12; 4:15 pm]
BILLING CODE 6715–01–P
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
E:\FR\FM\19APN1.SGM
19APN1
]]>Agencies
[Federal Register Volume 77, Number 76 (Thursday, April 19, 2012)]
[Notices]
[Page 23482]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9615]
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FEDERAL ELECTION COMMISSION
Sunshine Act Meeting
AGENCY: Federal Election Commission.
DATE AND TIME: Tuesday, April 24, 2012 at 10 a.m.
PLACE: 999 E Street NW., Washington, DC.
STATUS: This meeting will be closed to the public.
ITEMS TO BE DISCUSSED:
Compliance matters pursuant to 2 U.S.C. 437g.
Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26,
U.S.C.
Matters concerning participation in civil actions or proceedings or
arbitration.
Internal personnel rules and procedures or matters affecting a
particular employee.
Investigatory records compiled for law enforcement purposes, or
information which if written would be contained in such records.
Information the premature disclosure of which would be likely to have a
considerable adverse effect on the implementation of a proposed
Commission action.
* * * * *
PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer.
Telephone: (202) 694-1220.
Shawn Woodhead Werth,
Secretary of the Commission.
[FR Doc. 2012-9615 Filed 4-17-12; 4:15 pm]
BILLING CODE 6715-01-P
