State Program Requirements; Approval of Maine's National Pollutant Discharge Elimination System (NPDES) Permitting Program, 13339-13341 [2013-04531]

Download as PDF Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices context. Meeting dates and abstract requests are announced through the ‘‘empmlist’’ forum on the LYRIS list server at https://lists.epa.gov/read/ all_forums/. III. How can I request to participate in this meeting? You may submit a request to participate in this meeting to the person listed under FOR FURTHER INFORMATION CONTACT. Do not submit any information in your request that is considered CBI. Requests to participate in the meeting, identified by docket ID number EPA– HQ–OPP–2009–0879, and must be received on or before March 11, 2013. IV. Tentative Topics for the Meeting Update on Development of the Spatial Aquatic Model (SAM). Pesticide Root Zone Model for Ground Water Model (PRZM–GW) Implementation. Pesticide Flooded Application Model (PFAM) Implementation. Recent Developments for Drinking Water Intakes Percent Cropped Area (DWI PCA) Guidance. Other topics related to environmental exposure modeling and monitoring of pesticides in surface water, ground water, soil, air, and biota. List of Subjects Environmental protection, pesticide exposure assessment, exposure modeling, pesticide monitoring, groundwater, PRZM–GW, SAM, PFAM, DWI PCA. settlement addresses the PRP’s Sitewide liability on an Ability-to-Pay basis. DATES: The Agency will consider public comments on the settlement until March 29, 2013. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. ADDRESSES: Copies of the settlement are available from Ms. Paula V. Painter. Submit your comments by Site name Florida Petroleum Reprocesssors Site by one of the following methods: • www.epa.gov/region4/superfund/ programs/enforcement/ enforcement.html. • Email. Painter.Paula@epa.gov. • U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303. FOR FURTHER INFORMATION CONTACT: Paula V. Painter at 404/562–8887. Dated: January 22, 2013. Anita L. Davis, Chief, Superfund Enforcement & Information Management Branch, Superfund Division. [FR Doc. 2013–04610 Filed 2–26–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9785–2; EPA–R01–OEP–FRL#: 13– 007] Dated: February 13, 2013. Donald J. Brady, Director, Environmental Fate and Effects Division, Office of Pesticide Programs. State Program Requirements; Approval of Maine’s National Pollutant Discharge Elimination System (NPDES) Permitting Program [FR Doc. 2013–04407 Filed 2–26–13; 8:45 am] AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. Proposal To Approve Maine’s National Pollutant Discharge Elimination System (NPDES) Permitting Program. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL 9785–7; CERCLA–04–2013–3755] Florida Petroleum Reprocessors Site; Davie, Broward County, FL; Notice of Settlement Environmental Protection Agency (EPA). ACTION: Notice of Settlement. erowe on DSK2VPTVN1PROD with NOTICES AGENCY: SUMMARY: Under 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement with 2238 NW. 86th Street Inc. concerning the Florida Petroleum Reprocessors Site located in Davie, Broward County, Florida. The VerDate Mar<15>2010 15:18 Feb 26, 2013 Jkt 229001 SUMMARY: In 1999 the State of Maine applied to implement its NPDES program under the Clean Water Act in the state, including the territories of the Aroostook Band of Micmacs and the Houlton Band of Maliseet Indians. Today, EPA is proposing to act on the state’s application as it applies in those Indian territories and is inviting comment. Interested persons may submit comments on the approval of Maine’s NPDES Permitting Program in these territories as part of the administrative record to EPA—Region 1, at the address given below, no later than midnight through April 29, 2013. DATES: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 13339 Submit comments by one of the following methods: • Email: velez.glenda@epa.gov. ´ • Mail: Glenda Velez, USEPA-Region 1, 5 Post Office Square—OEP06–01, Boston, MA 02109–3912. • No facsimiles (faxes) will be accepted. ADDRESSES: Additional information concerning the proposed approval of Maine’s program in these territories may be obtained between the hours of 9 a.m. and 5 p.m. Monday through Friday excluding holidays from: ´ Glenda Velez, USEPA-Region 1, 5 Post Office Square–OEP06–01, Boston, MA 02109–3912, Telephone: 617–918–1677, Email: velez.glenda@epa.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION: 2001 Approval of Maine’s Base NPDES Permitting Program On December 17, 1999, EPA determined that the State of Maine had submitted a complete application to administer the National Pollutant Discharge Elimination System (NPDES) permitting program in the state under the Clean Water Act (CWA). 33 U.S.C. 1251, et seq., see 64 FR 73552 (Dec. 30, 1999). Maine’s application included an assertion of authority to implement the program in the territories of the federally-recognized Indian tribes within the state, based on the jurisdictional provisions of the Maine Indian Claims Settlement Act (MICSA), which ratified the Maine Implementing Act (MIA). 25 U.S.C. 1721, et seq. and 30 M.R.S.A. § 6201, et seq., respectively. On January 12, 2001, EPA approved the State of Maine’s application to administer the NPDES program for all areas of the state other than Indian country. At that point EPA did not take any action on Maine’s application to administer the program within the territories of the federally-recognized Indian tribes in Maine. EPA published notice of its action on February 28, 2001. 56 FR 12791. As described in the Federal Register, EPA approved the state’s application to administer both the NPDES permit program covering point source dischargers and the pretreatment program covering industrial dischargers into publicly 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)). 56 FR at 12792. 2003 Partial Approval of Maine’s Program in Indian Territories On October 31, 2003, EPA approved the State of Maine’s application to administer the NPDES program in the E:\FR\FM\27FEN1.SGM 27FEN1 13340 Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices 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 permitting these POTWs qualified as an internal tribal matter and, therefore, fell within an enumerated exception to the grant of jurisdiction to the state in MICSA and MIA. EPA also did not take action on the state’s application as it applied to the territories of the two other federally-recognized tribes in the state, the Houlton Band of Maliseet Indians and the Aroostook Band of Micmacs. These two tribes are subject to jurisdictional provisions different from those that apply to the Penobscot and Passamaquoddy tribes. erowe on DSK2VPTVN1PROD with NOTICES 2012 Approval of Maine’s Program as to Penobscot and Passamaquoddy Tribal Discharges On March 26, 2012, EPA approved Maine’s NPDES program to apply to tribally owned and operated discharges in the territories of the Penobscot Nation and Passamaquoddy Tribe (the ‘‘southern tribes’’), pursuant to the decision of the Federal Court of Appeals for the First Circuit. 77 FR 23481 (April 19, 2012). The court had found that such discharges did not qualify as internal tribal matters and were, therefore, subject to the laws of the state. Maine v. Johnson. 498 F.3d 37 (1st Cir. 2007). As a result, EPA approved the state to implement its program in the territories of the southern tribes without exception. Accordingly, the state assumed responsibility from EPA for issuing and administering the two permits EPA had previously withheld 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). In that action the EPA only approved the state’s program with respect to the two permits for the two tribal treatment works. EPA did not take action on Maine’s program application with respect to the Aroostook Band of Micmacs and VerDate Mar<15>2010 15:18 Feb 26, 2013 Jkt 229001 Houlton Band of Maliseet Indians (the ‘‘northern tribes’’). regulation when making such employment decisions. Intervening Legal Developments Proposed Action on Maine’s Program In the process leading up to EPA’s 2003 partial approval of the state’s program in Indian country, EPA had invited comment on the state’s jurisdiction under MICSA to implement its program in the territories of all the Indian tribes in Maine, including the northern tribes. Since EPA’s initial decision to defer action on the state’s application as it applies to the northern tribes, the Federal Court of Appeals for the First Circuit has issued several opinions which clarify the operation of MICSA’s jurisdictional provisions as they apply to those tribes. Therefore, EPA is again inviting comment on Maine’s application to administer its program in the northern tribes’ territories so that interested parties can address those opinions and any other aspects of Maine’s NPDES program relevant to authorizing the state’s NPDES program in these tribes’ territories. In this way, EPA can respond to comments that more accurately reflect the current state of the law and program implementation, rather than comments from 2000 and 2001. In brief, there are three decisions from the First Circuit that EPA expects will guide the Agency’s analysis of the jurisdictional issues in acting on Maine’s application as it applies to the northern tribes. The first is Maine v. Johnson. 498 F.3d 37. As described above, the court held that MICSA’s ‘‘internal tribal matters’’ exception to the state’s jurisdiction over the southern tribes did not include discharges of pollutants into navigable waters to be permitted under Maine’s program. Id. at 46. Therefore, Maine’s state permitting program applies without exception in the territories of the southern tribes, and the state has jurisdiction sufficient for EPA to approve the state’s program under the federal Clean Water Act. Second, in Aroostook Band of Micmacs v. Ryan, 484 F.3d 41 (2007) the court held that MICSA made the Aroostook Band subject to the state’s jurisdiction without the exception for ‘‘internal tribal matters’’ that is available to the southern tribes. Id. at 50. Third, in Houlton Band of Maliseet Indians v. Ryan the court extended this analysis to the Maliseet tribe. 484 F.3d 73, 74–75 (1st Cir. 2007). In both these cases, each tribe sought to block enforcement of Maine’s antidiscrimination laws in connection with the tribes’ decision to terminate the employment of certain tribal government employees. The court held that the tribes were subject to state Employment decisions by tribal governments qualify as an internal tribal matter with respect to the southern tribes and, therefore, are beyond the reach of state regulation under MICSA. Penobscot Nation v. Fellencer, 164 F.3d 706 (1st Cir. 1999). In its pair of decisions in 2007, the First Circuit clarified that the scope of Maine’s jurisdictional authority over the northern tribes reaches further than the state’s authority over the southern tribes, and the state can regulate matters of the northern tribes that would qualify as internal tribal matters of the southern tribes. The First Circuit has ruled that the state has adequate authority to implement its NPDES program in the territories of the southern tribes, even in the face of the internal tribal matters exception the southern tribes have from state regulation. It appears to follow, therefore, that Maine has an even stronger claim of authority to implement its NPDES program in the territories of the northern tribes. Accordingly, EPA proposes to approve the state to implement its NPDES program in the territories of the Houlton Band of Maliseet Indians and the Aroostook Band of Micmacs, provided Maine submits and EPA approves a program addressing the requirements of CWA section 316(b) as described below. EPA invites comment on both the determination of the state’s jurisdiction to implement the program in these tribes’ territories and the respective roles of the state, tribes, and EPA in the context of a state implementing the NPDES program in the territories of federally recognized tribes in Maine.1 Note that in 2001 when EPA first approved the state’s program, Maine did not have authority to regulate cooling water intake structures under CWA section 316(b). The state has since granted Maine DEP that authority, and EPA is working with DEP to develop the state regulations necessary for Maine to implement that program. Once Maine submits that program, EPA will publish a separate notice inviting comment on the adequacy of Maine’s section 316(b) program before taking final action to approve the state’s NPDES program, including the section 316(b) program, in these territories. The Agency is inviting comment now on the balance of the PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 1 Neither tribe has applied to EPA to implement the NPDES permit program, so this proposed action does not invite comment on the question of whether either tribe has authority to implement the program. E:\FR\FM\27FEN1.SGM 27FEN1 Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices state’s permitting program and the jurisdictional issue. Authority: This action is proposed to be taken under the authority of Section 402 of the Clean Water Act as amended, 42 U.S.C. 1342. Dated: January 31, 2013. H. Curtis Spalding, Regional Administrator, Region 1. [FR Doc. 2013–04531 Filed 2–26–13; 8:45 am] BILLING CODE 6560–50–P FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Submission for OMB Review; Comment Request; Purchaser Eligibility Certification Federal Deposit Insurance Corporation (FDIC). ACTION: Notice and request for comment. erowe on DSK2VPTVN1PROD with NOTICES AGENCY: SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on revision of an existing information collection, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). On December 18, 2012 (77 FR 74847), the FDIC requested comment for 60 days on a proposal to revise its Purchaser Eligibility Certification information collection, which is currently approved under OMB Control No. 3064–0135. No comments were received on the proposal. The FDIC hereby gives notice of its plan to submit to OMB a request to approve revision of the collection. DATES: Comments must be submitted on or before March 29, 2013. ADDRESSES: Interested parties are invited to submit written comments to the FDIC by any of the following methods: • https://www.FDIC.gov/regulations/ laws/federal/notices.html. • Email: comments@fdic.gov. Include the name of the collection in the subject line of the message. • Mail: Leneta G. Gregorie (202–898– 3719), Counsel, Room NY–5050, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429. • Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m. All comments should refer to the relevant OMB control number. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: VerDate Mar<15>2010 15:18 Feb 26, 2013 Jkt 229001 Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Leneta G. Gregorie, at the FDIC address above. SUPPLEMENTARY INFORMATION: Proposal to revise the following currently approved collection of information: Title: Asset Purchaser Eligibility Certification. OMB Number: 3064–0135. Form Number: FDIC 7300/06, ‘‘Purchaser Eligibility Certification’’; 7300/07, ‘‘Pre-Qualification Request’’; and 7300/08, ‘‘Contact Information Form’’. Frequency of Response: On occasion. Affected Public: Business or other financial institutions. Estimated Number of Respondents: 600. Estimated Time per Response: 1.0 hour (Purchaser Eligibility Certification, 30 minutes; Pre-Qualification Request, 20 minutes; and Contact Information Form, 10 minutes). Total Annual Burden: 600 hours. General Description of Collection: The FDIC uses the Purchaser Eligibility Certification form, FDIC Form No. 7300/ 06, to identify prospective bidders who are not eligible to purchase assets of failed institutions from the FDIC. Specifically, section 11(p) of the Federal Deposit Insurance Act prohibits the sale of assets of failed institutions to certain individuals or entities that profited or engaged in wrongdoing at the expense of those failed institutions, or seriously mismanaged those failed institutions. The FDIC is proposing to update the Privacy Act Statement in the Purchaser Eligibility Certification form. In addition, the FDIC is proposing to add two forms to the Purchaser Eligibility Certification information collection: the Pre-Qualification Request form, FDIC Form No. 7300/07, is designed to determine which prospective bidders are qualified to bid on particular types of assets offered by the FDIC (e.g., securities, mortgage servicing portfolios, shared national credits. Interests in structured transactions, credit card receivables) for which no further qualification criteria are required to be met and to ensure that prospective bidders understand the terms and conditions of asset sales; and the Contact Information Form, FDIC Form No. 7300/08, determines the type of assets a prospective bidder is interested in and facilitates communication with the prospective bidder. A link to copies of the forms can be found directly beneath this notice on the FDIC’s PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 13341 Federal Register Citations Web page at: https://www.fdic.gov/regulations/laws/ federal/notices.html. Request for Comment Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the FDIC’s functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collection, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. All comments will become a matter of public record. Dated at Washington, DC, this 21st day of February 2013. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2013–04438 Filed 2–26–13; 8:45 am] BILLING CODE 6714–01–P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the Federal Register. Copies of the agreements are available through the Commission’s Web site (www.fmc.gov) or by contacting the Office of Agreements at (202)-523–5793 or tradeanalysis@fmc.gov. Agreement No.: 010979–052. Title: Caribbean Shipowners Association. Parties: CMA CGM, S.A.; Seaboard Marine, Ltd.; Seafreight Line, Ltd.; Tropical Shipping and Construction Company Limited; and Zim Integrated Shipping Services, Ltd. Filing Party: Wayne R. Rohde, Esq.; Cozen O’Connor, 1627 I Street NW.; Washington, DC 20006. Synopsis: The amendment would add the Cayman Islands to the geographic scope of the agreement. Agreement No.: 012129. Title: EUKOR/‘‘K’’ Line Space Charter Agreement. Parties: EUKOR Car Carriers, Inc. and Kawasaki Kisen Kaisha, Ltd. E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13339-13341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04531]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9785-2; EPA-R01-OEP-FRL: 13-007]


State Program Requirements; Approval of Maine's National 
Pollutant Discharge Elimination System (NPDES) Permitting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice. Proposal To Approve Maine's National Pollutant 
Discharge Elimination System (NPDES) Permitting Program.

-----------------------------------------------------------------------

SUMMARY: In 1999 the State of Maine applied to implement its NPDES 
program under the Clean Water Act in the state, including the 
territories of the Aroostook Band of Micmacs and the Houlton Band of 
Maliseet Indians. Today, EPA is proposing to act on the state's 
application as it applies in those Indian territories and is inviting 
comment.

DATES: Interested persons may submit comments on the approval of 
Maine's NPDES Permitting Program in these territories as part of the 
administrative record to EPA--Region 1, at the address given below, no 
later than midnight through April 29, 2013.

ADDRESSES: Submit comments by one of the following methods:
     Email: velez.glenda@epa.gov.
     Mail: Glenda V[eacute]lez, USEPA-Region 1, 5 Post Office 
Square--OEP06-01, Boston, MA 02109-3912.
     No facsimiles (faxes) will be accepted.

FOR FURTHER INFORMATION: Additional information concerning the proposed 
approval of Maine's program in these territories may be obtained 
between the hours of 9 a.m. and 5 p.m. Monday through Friday excluding 
holidays from: Glenda V[eacute]lez, USEPA-Region 1, 5 Post Office 
Square-OEP06-01, Boston, MA 02109-3912, Telephone: 617-918-1677, Email: 
velez.glenda@epa.gov.

SUPPLEMENTARY INFORMATION:

2001 Approval of Maine's Base NPDES Permitting Program

    On December 17, 1999, EPA determined that the State of Maine had 
submitted a complete application to administer the National Pollutant 
Discharge Elimination System (NPDES) permitting program in the state 
under the Clean Water Act (CWA). 33 U.S.C. 1251, et seq., see 64 FR 
73552 (Dec. 30, 1999). Maine's application included an assertion of 
authority to implement the program in the territories of the federally-
recognized Indian tribes within the state, based on the jurisdictional 
provisions of the Maine Indian Claims Settlement Act (MICSA), which 
ratified the Maine Implementing Act (MIA). 25 U.S.C. 1721, et seq. and 
30 M.R.S.A. Sec.  6201, et seq., respectively.
    On January 12, 2001, EPA approved the State of Maine's application 
to administer the NPDES program for all areas of the state other than 
Indian country. At that point EPA did not take any action on Maine's 
application to administer the program within the territories of the 
federally-recognized Indian tribes in Maine. EPA published notice of 
its action on February 28, 2001. 56 FR 12791. As described in the 
Federal Register, EPA approved the state's application to administer 
both the NPDES permit program covering point source dischargers and the 
pretreatment program covering industrial dischargers into publicly 
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)). 56 FR at 12792.

2003 Partial Approval of Maine's Program in Indian Territories

    On October 31, 2003, EPA approved the State of Maine's application 
to administer the NPDES program in the

[[Page 13340]]

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 permitting these POTWs qualified as an internal tribal matter and, 
therefore, fell within an enumerated exception to the grant of 
jurisdiction to the state in MICSA and MIA. EPA also did not take 
action on the state's application as it applied to the territories of 
the two other federally-recognized tribes in the state, the Houlton 
Band of Maliseet Indians and the Aroostook Band of Micmacs. These two 
tribes are subject to jurisdictional provisions different from those 
that apply to the Penobscot and Passamaquoddy tribes.

2012 Approval of Maine's Program as to Penobscot and Passamaquoddy 
Tribal Discharges

    On March 26, 2012, EPA approved Maine's NPDES program to apply to 
tribally owned and operated discharges in the territories of the 
Penobscot Nation and Passamaquoddy Tribe (the ``southern tribes''), 
pursuant to the decision of the Federal Court of Appeals for the First 
Circuit. 77 FR 23481 (April 19, 2012). The court had found that such 
discharges did not qualify as internal tribal matters and were, 
therefore, subject to the laws of the state. Maine v. Johnson. 498 F.3d 
37 (1st Cir. 2007). As a result, EPA approved the state to implement 
its program in the territories of the southern tribes without 
exception. Accordingly, the state assumed responsibility from EPA for 
issuing and administering the two permits EPA had previously withheld 
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). In that action the EPA only 
approved the state's program with respect to the two permits for the 
two tribal treatment works. EPA did not take action on Maine's program 
application with respect to the Aroostook Band of Micmacs and Houlton 
Band of Maliseet Indians (the ``northern tribes'').

Intervening Legal Developments

    In the process leading up to EPA's 2003 partial approval of the 
state's program in Indian country, EPA had invited comment on the 
state's jurisdiction under MICSA to implement its program in the 
territories of all the Indian tribes in Maine, including the northern 
tribes. Since EPA's initial decision to defer action on the state's 
application as it applies to the northern tribes, the Federal Court of 
Appeals for the First Circuit has issued several opinions which clarify 
the operation of MICSA's jurisdictional provisions as they apply to 
those tribes. Therefore, EPA is again inviting comment on Maine's 
application to administer its program in the northern tribes' 
territories so that interested parties can address those opinions and 
any other aspects of Maine's NPDES program relevant to authorizing the 
state's NPDES program in these tribes' territories. In this way, EPA 
can respond to comments that more accurately reflect the current state 
of the law and program implementation, rather than comments from 2000 
and 2001.
    In brief, there are three decisions from the First Circuit that EPA 
expects will guide the Agency's analysis of the jurisdictional issues 
in acting on Maine's application as it applies to the northern tribes. 
The first is Maine v. Johnson. 498 F.3d 37. As described above, the 
court held that MICSA's ``internal tribal matters'' exception to the 
state's jurisdiction over the southern tribes did not include 
discharges of pollutants into navigable waters to be permitted under 
Maine's program. Id. at 46. Therefore, Maine's state permitting program 
applies without exception in the territories of the southern tribes, 
and the state has jurisdiction sufficient for EPA to approve the 
state's program under the federal Clean Water Act.
    Second, in Aroostook Band of Micmacs v. Ryan, 484 F.3d 41 (2007) 
the court held that MICSA made the Aroostook Band subject to the 
state's jurisdiction without the exception for ``internal tribal 
matters'' that is available to the southern tribes. Id. at 50. Third, 
in Houlton Band of Maliseet Indians v. Ryan the court extended this 
analysis to the Maliseet tribe. 484 F.3d 73, 74-75 (1st Cir. 2007). In 
both these cases, each tribe sought to block enforcement of Maine's 
antidiscrimination laws in connection with the tribes' decision to 
terminate the employment of certain tribal government employees. The 
court held that the tribes were subject to state regulation when making 
such employment decisions.

Proposed Action on Maine's Program

    Employment decisions by tribal governments qualify as an internal 
tribal matter with respect to the southern tribes and, therefore, are 
beyond the reach of state regulation under MICSA. Penobscot Nation v. 
Fellencer, 164 F.3d 706 (1st Cir. 1999). In its pair of decisions in 
2007, the First Circuit clarified that the scope of Maine's 
jurisdictional authority over the northern tribes reaches further than 
the state's authority over the southern tribes, and the state can 
regulate matters of the northern tribes that would qualify as internal 
tribal matters of the southern tribes. The First Circuit has ruled that 
the state has adequate authority to implement its NPDES program in the 
territories of the southern tribes, even in the face of the internal 
tribal matters exception the southern tribes have from state 
regulation. It appears to follow, therefore, that Maine has an even 
stronger claim of authority to implement its NPDES program in the 
territories of the northern tribes.
    Accordingly, EPA proposes to approve the state to implement its 
NPDES program in the territories of the Houlton Band of Maliseet 
Indians and the Aroostook Band of Micmacs, provided Maine submits and 
EPA approves a program addressing the requirements of CWA section 
316(b) as described below. EPA invites comment on both the 
determination of the state's jurisdiction to implement the program in 
these tribes' territories and the respective roles of the state, 
tribes, and EPA in the context of a state implementing the NPDES 
program in the territories of federally recognized tribes in Maine.\1\
---------------------------------------------------------------------------

    \1\ Neither tribe has applied to EPA to implement the NPDES 
permit program, so this proposed action does not invite comment on 
the question of whether either tribe has authority to implement the 
program.
---------------------------------------------------------------------------

    Note that in 2001 when EPA first approved the state's program, 
Maine did not have authority to regulate cooling water intake 
structures under CWA section 316(b). The state has since granted Maine 
DEP that authority, and EPA is working with DEP to develop the state 
regulations necessary for Maine to implement that program. Once Maine 
submits that program, EPA will publish a separate notice inviting 
comment on the adequacy of Maine's section 316(b) program before taking 
final action to approve the state's NPDES program, including the 
section 316(b) program, in these territories. The Agency is inviting 
comment now on the balance of the

[[Page 13341]]

---------------------------------------------------------------------------
state's permitting program and the jurisdictional issue.

    Authority:  This action is proposed to be taken under the 
authority of Section 402 of the Clean Water Act as amended, 42 
U.S.C. 1342.

    Dated: January 31, 2013.
H. Curtis Spalding,
Regional Administrator, Region 1.
[FR Doc. 2013-04531 Filed 2-26-13; 8:45 am]
BILLING CODE 6560-50-P