Approval and Promulgation of Implementation Plans; Swinomish Indian Tribal Community; Tribal Implementation Plan, 69763-69767 [2014-27634]
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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Captain of the Port Lake Michigan or a
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Lake Michigan or a designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port
Lake Michigan to act on her behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Lake
Michigan or an on-scene representative
to obtain permission to do so. The
Captain of the Port Lake Michigan or her
on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Lake Michigan or an
on-scene representative.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Dated: November 4, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
■
1. The authority citation for part 165
continues to read as follows:
Coast Guard
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
33 CFR Part 165
[FR Doc. 2014–27828 Filed 11–21–14; 8:45 am]
BILLING CODE 9110–04–P
2. Add § 165.T09–0980 to read as
follows:
■
[Docket No. USCG–2012–1036]
Safety Zone; Connectquot River Fall
Fireworks; Connectquot River;
Oakdale, NY
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 165.T09–0980 Safety Zone; Salvage
Operations, Lake Michigan, Navy Pier,
Chicago, IL.
ACTION:
(a) Location. All waters of Lake
Michigan within the arc of a circle with
a 500-foot radius, with its center located
on the north side of Navy Pier,
approximate position 41°53′33″ N,
087°36′07″ W; (NAD 83).
(b) Effective and Enforcement Period.
This rule is effective without actual
notice from November 24, 2014 until
December 5, 2014. For the purposes of
enforcement, actual notice will be used
from November 4, 2014, until November
24, 2014. This rule will be enforced
intermittently on an as-needed basis.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
SUMMARY:
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The Coast Guard will enforce
the safety zone for Connectquot River
Fall Fireworks on Connectquot River in
Oakdale, NY from 6:30 p.m. to 7:30 p.m.
on November 29, 2014. In the event of
inclement weather the safety zone will
be enforced from 6:30 p.m. to 7:30 p.m.
on November 30, 2014. This action is
necessary and intended to ensure safety
of life on the navigable waters
immediately prior to, during, and
immediately after the fireworks event.
During the aforementioned period, the
Coast Guard will enforce restrictions
upon, and control movement of, vessels
in a specified area immediately prior to,
during, and immediately after the
fireworks event. During the enforcement
period, no person or vessel may enter
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69763
the safety zone without permission of
the Captain of the Port.
DATES: The regulations in 33 CFR
165.151 Table 1, 11.3 listed below will
be enforced from 6:30 p.m. to 7:30 p.m.
on November 29, 2014 with a rain date
of November 30, 2014.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Petty Officer Ian Fallon,
Waterways Management Division, U.S.
Coast Guard Sector Long Island Sound;
telephone 203–468–4565, email
Ian.M.Fallon@uscg.mil.
SUPPLEMENTARY INFORMATION:
Connectquot River Fall Fireworks;
Connectquot River; Oakdale, NY. The
safety zone listed in 33 CFR 165.151
Table 1, 11.3 will be enforced from 6:30
p.m. to 7:30 p.m. on November 29, 2014.
In the event of inclement weather the
safety zone will be enforced from 6:30
p.m. to 7:30 p.m. on November 30, 2014.
Under the provisions of 33 CFR
165.151, the fireworks display listed
above is established as a safety zone.
During the enforcement period, persons
and vessels are prohibited from entering
into, transiting through, mooring, or
anchoring within the safety zone unless
they receive permission from the COTP
or designated representative.
This notice is issued under authority
of 33 CFR 165 and 5 U.S.C. 552 (a). In
addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via the Local Notice to Mariners or
marine information broadcasts. If the
COTP determines that the safety zone
need not be enforced for the full
duration stated in this notice, a
Broadcast Notice to Mariners may be
used to grant general permission to
enter the regulated area.
Dated: November 6, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2014–27827 Filed 11–21–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 49
[EPA–R10–OAR–2012–0557: FRL–9917–07–
Region 10]
Approval and Promulgation of
Implementation Plans; Swinomish
Indian Tribal Community; Tribal
Implementation Plan
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations
Final rule.
The Environmental Protection
Agency (EPA) is approving a Tribal
implementation plan (TIP) submitted by
the Swinomish Indian Tribal
Community (SITC or the Tribe). The
SITC TIP regulates open burning
practices and establishes a Tribal
regulatory program applicable to all
persons within the exterior boundaries
of the Swinomish Reservation
(Reservation). The SITC TIP was
submitted to the EPA on June 28, 2012,
and supplementary submittals were
received on September 24, 2013,
November 18, 2013, and January 28,
2014. This action makes the approved
portions of the SITC TIP federally
enforceable under the Clean Air Act
(CAA). Upon the effective date of this
action, the SITC TIP will replace the
Federal Implementation Plan (FIP)
provisions that regulate open burning
within the exterior boundaries of the
Reservation.
DATES: This final rule is effective on
December 24, 2014.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2012–0557. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste,
and Toxics, AWT–150, 1200 Sixth
Avenue, Seattle, Washington 98101. The
EPA requests that you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Claudia Vergnani Vaupel at (206) 553–
6121, vaupel.claudia@epa.gov, or the
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
I. Summary of the Proposed Action
On May 2, 2014 (79 FR 25049), the
EPA proposed to approve a TIP
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submitted by the SITC on June 28, 2012,
and supplementary submittals received
on September 24, 2013, November 18,
2013, and January 28, 2014. The SITC
TIP regulates open burning and
establishes a Tribal regulatory program
to maintain or improve ambient air
quality related to open burning. The
SITC TIP applies to all persons within
the exterior boundaries of the
Swinomish Reservation and includes
regulations governing prohibited
materials, burn bans, open burning
permit requirements and fees, and
provisions related to enforcement of the
TIP. For a more detailed description of
our evaluation of the SITC TIP and our
rationale for the proposed action, please
see the May 2, 2014, proposed rule
which can be found in the docket for
today’s action. No public comments
were received on the proposed rule.
II. Final Action
Under CAA sections 110(o), 110(k)(3)
and 301(d), the EPA is taking final
action to approve the TIP submission as
discussed in our May 2, 2014 proposal.
Upon the effective date of this action,
the SITC TIP for open burning will
apply to all persons within the exterior
boundaries of the Reservation and will
replace the existing open burning
provisions in the FIP for the Swinomish
Reservation (40 CFR 49.10956(g) and
49.10960(g)). As discussed in the
proposed rule, the EPA is approving,
but not incorporating by reference into
the CFR, the enforcement-related
authorities in the SITC TIP.
III. 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 merely 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 preexisting 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
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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’’ (65 FR
67249, November 9, 2000), requires the
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.’’ The EPA has concluded
that this rule will have Tribal
implications in that it will have
substantial direct effects on the SITC.
However, it will neither impose
substantial direct compliance costs on
Tribal governments, nor preempt Tribal
law. The EPA is approving the SITC’s
TIP at the request of the Tribe. Tribal
law will not be preempted as the SITC
has already incorporated the TIP into
Tribal Law on March 9, 2012. The Tribe
has applied for, and fully supports, the
approval of the TIP. This approval
makes the TIP federally enforceable.
The EPA worked with Tribal air
program staff early in the process of
developing the TIP to allow for
meaningful and timely input into its
development. To administer an
approved TIP, Indian Tribes must be
determined eligible (40 CFR part 49) for
TAS for the purpose of administering a
TIP. During the TAS eligibility process,
the Tribe and the EPA worked together
to ensure that the appropriate
information was submitted to the EPA.
The SITC and the EPA also worked
together throughout the process of
development and Tribal adoption of the
TIP.
This action also 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 merely
approves a TIP covering areas within
the exterior boundaries of the
Swinomish Reservation, and does not
alter the relationship or the distribution
of power and responsibilities between
States and the Federal government
established in the Clean Air Act. This
action does not provide the 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,
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asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations
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, the
EPA’s role is to approve an eligible
Indian 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 Indian
Tribe to use voluntary consensus
standards (VCS), the EPA has no
authority to disapprove a TIP
submission for failure to use VCS. It
would thus be inconsistent with
applicable law for the EPA, when it
reviews a TIP submission, to use VCS in
place of a TIP submission that otherwise
satisfies the provisions of the Clean Air
Act. Thus, the requirements of section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) of 1995 (15 U.S.C. 272 note)
do not apply to this action.
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. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 23, 2015.
Only an objection to this final action
that was raised with reasonable
specificity during the public comment
period can be raised during judicial
review. Upon request, adequately
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16:29 Nov 21, 2014
Jkt 235001
supported, the Administrator may
convene a proceeding for
reconsideration of this final action.
Filing a petition requesting that the
Administrator reconsider this final rule
does not affect the finality of this action
for the purposes of judicial review nor
does it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. (See CAA section
307(b)(1).) This action may not be
challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 49
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Indians, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 8, 2014.
Dennis J. Mclerran,
Regional Administrator, Region 10.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 49 as
follows:
PART 49—INDIAN COUNTRY: AIR
QUALITY PLANNING AND
MANAGEMENT
1. The authority citation for Part 49
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 49.10952 is revised to read
as follows:
■
§ 49.10952
Approval status.
The implementation plan for the
Swinomish Reservation includes the
EPA-approved Tribal rules and
measures identified in § 49.10957.
■ 3. Section 49.10956 is amended by
removing and reserving paragraph (g)
and by adding new paragraph (l) to read
as follows:
§ 49.10956
plan.
Contents of implementation
*
*
*
*
*
(g) [Reserved]
*
*
*
*
*
(l) The EPA-approved Tribal open
burning rules and measures approved in
§ 49.10957.
(1) Title, authority, jurisdiction,
definitions.
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69765
(2) Open burning.
(3) Public involvement.
(4) Appeals.
(5) Repealer, severability and effective
date.
(6) Enforcement.
(7) Hearings, appeals, computation of
time and law applicable.
■ 4. Section 49.10957 is added to read
as follows:
§ 49.10957
plans.
EPA-approved Tribal rules and
(a) Purpose and scope. This section
contains the EPA-approved Tribal rules
and measures in the open burning tribal
implementation plan (TIP) for the
Swinomish Indians. The open burning
TIP consists of a program, procedures,
and regulations that cover prohibited
materials, burn bans, open burning
permit requirements and fees, and
enforcement.
(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. The
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) The EPA Region 10 certifies that
the rules/regulations provided by the
EPA in the Tribal implementation plan
(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
TIP as of August 4, 2014.
(3) Copies of the materials
incorporated by reference may be
inspected at the EPA Region 10 Office
at 1200 Sixth Avenue, Seattle WA,
98101; the EPA, Air and Radiation
Docket and Information Center, EPA
Headquarters Library, Infoterra Room
(Room Number 3334), EPA West
Building, 1301 Constitution Ave. NW.,
Washington, DC; or the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call (202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) EPA-approved regulations.
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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations
EPA–APPROVED SWINOMISH INDIANS OF THE SWINOMISH RESERVATION WASHINGTON REGULATIONS
Tribal citation
Tribal
effective
date
Title/subject
EPA approval date
Explanations
Swinomish Tribal Code Title 19 Environmental Protection, Chapter 2—Clean Air Act (Swinomish TIP for Open Burning Part II)
19–02.020 ....................................
Title Authority ..............................
3/9/12
19–02.030 ....................................
Jurisdiction ..................................
3/9/12
19–02.040 ....................................
Definitions ....................................
3/9/12
11/24/14, [Insert Federal Register citation].
11/24/14, [Insert Federal Register citation].
11/24/14, [Insert Federal Register citation].
Subchapter II—Open Burning
19–02.080 ....................................
Applicability of Subchapter ..........
3/9/12
19–02.090 ....................................
General Rules for Open Burning
3/9/12
19–02.100 ....................................
Burn Bans ...................................
3/9/12
19–02.110 ....................................
Open Burn Permits .....................
3/9/12
19–02.120 ....................................
Special Use Permits ....................
3/9/12
19–02.130 ....................................
3/9/12
19–02.140 ....................................
Open Burn and Special Use Permit Fees.
Standard Permit Conditions ........
19–02.150 ....................................
Additional Permit Conditions .......
3/9/12
19–02.160 ....................................
Burn Notification and Inspection
3/9/12
3/9/12
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
Federal RegFederal Reg-
Except D
Federal RegFederal RegFederal RegFederal Reg-
Except B.
Federal RegFederal RegFederal Reg-
Subchapter III—Public Involvement
19–02.170 ....................................
Public Information .......................
3/9/12
19–02.180 ....................................
Public Hearings ...........................
3/9/12
11/24/14, [Insert Federal Register citation].
11/24/14, [Insert Federal Register citation].
Subchapter V—Appeals
19–02.240 ....................................
Sovereign Immunity ....................
3/9/12
11/24/14, [Insert Federal Register citation].
Subchapter VI—Repealer, Severability and Effective Date
19–02.250 ....................................
Repealer ......................................
3/9/12
19–02.260 ....................................
Severability ..................................
3/9/12
19–02.270 ....................................
Effective Date ..............................
3/9/12
(d) [Reserved]
(e) EPA-approved nonregulatory
provisions and quasi-regulatory
measures.
11/24/14, [Insert Federal Register citation].
11/24/14, [Insert Federal Register citation].
11/24/14, [Insert Federal Register citation].
EPA-Approved Swinomish Indians of
the Swinomish Reservation Washington
Nonregulatory Provisions and QuasiRegulatory Measures
asabaliauskas on DSK5VPTVN1PROD with RULES
TABLE 1—AIR QUALITY PLANS
Tribal
submittal
date
Name of plan
Swinomish Tribal Implementation Plan for
Open Burning (Swinomish TIP, Part I).
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11/18/13
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EPA approval date
Explanations
11/24/14, [Insert Federal Register citation].
Except the section on ‘‘Adoption Process
and Procedure’’.
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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations
69767
TABLE 2—SWINOMISH TRIBAL CODE APPROVED BUT NOT INCORPORATED BY REFERENCE
Tribal citation
Tribal
effective
date
Title/subject
EPA approval date
Explanations
Swinomish Tribal Code Title 19 Environmental Protection, Chapter 2—Clean Air Act (Swinomish TIP for Open Burning Part II)
Subchapter IV—Enforcement
19–02.190 ....................................
Enforcement ................................
3/9/12
19–02.200 ....................................
Penalties ......................................
3/9/12
19–02.210 ....................................
Damages .....................................
3/9/12
11/24/14, [Insert Federal Register citation].
11/24/14, [Insert Federal Register citation].
11/24/14, [Insert Federal Register citation].
Subchapter V—Appeals
19–02.220 ....................................
Appeals of Department Decisions
3/9/12
19–02.230 ....................................
Tribal Administrative Remedies
and Tribal Court.
3/9/12
11/24/14, [Insert Federal Register citation].
11/24/14, [Insert Federal Register citation].
Title 19—Environmental Protection, Chapter 4—Shorelines and Sensitive Areas Act
Subchapter IX—Hearings, Appeals, Computation of Time and Law Applicable
19–04.560 ....................................
19–04.590 ....................................
Request for Hearing Before the
Planning Commission.
Hearings by the Planning Commission.
Appeals of Planning Commission
Decisions.
Appeals of Senate Decisions ......
19–04.600 ....................................
Time and Finality .........................
19–04.570 ....................................
19–04.580 ....................................
5. Section 49.10960 is amended by
removing and reserving paragraph (g) to
read as follows:
■
§ 49.10960 Federally-promulgated
regulations and Federal implementation
plans.
*
*
*
*
(g) [Reserved]
*
*
*
*
*
*
[FR Doc. 2014–27634 Filed 11–21–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
asabaliauskas on DSK5VPTVN1PROD with RULES
[EPA–R10–OAR–2010–1071; FRL–9919–38–
Region 10]
Approval and Promulgation of
Implementation Plans; State of
Washington; Regional Haze State
Implementation Plan; Federal
Implementation Plan for Best Available
Retrofit Technology for Alcoa Intalco
Operations, Tesoro Refining and
Marketing, and Alcoa Wenatchee
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
16:29 Nov 21, 2014
Jkt 235001
ACTION:
8/18/05
8/18/05
8/18/05
8/18/05
8/18/05
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
11/24/14, [Insert
ister citation].
Direct final rule.
In a final action published on
June 11, 2014, the Environmental
Protection Agency (EPA) published a
final rule in the Federal Register
concerning, in part, the promulgation of
a Federal Implementation Plan (FIP)
provision for regional haze in the State
of Washington. This action identifies
and corrects an error in that action by
adding the factor to convert tons of
sulfur dioxide (SO2) to pounds of SO2
that was inadvertently left out of the
rule language for the FIP for the Alcoa
Inc. Wenatchee Works.
DATES: This rule is effective on January
23, 2015, without further notice, unless
the EPA receives adverse comment
December 24, 2014. If the EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2010–1071, by any of the
following methods:
• www.regulations.gov: Follow the
online instructions for submitting
comments.
• Email: body.steve@epa.gov.
SUMMARY:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
Federal RegFederal RegFederal RegFederal RegFederal Reg-
• Mail: Steve Body, EPA Region 10,
Office of Air, Waste and Toxics, AWT–
150, 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101.
• Hand Delivery/Courier: EPA Region
10, 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101. Attention: Steve
Body, Office of Air, Waste and Toxics,
AWT–150. Such deliveries are only
accepted during normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2010–
1071. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
E:\FR\FM\24NOR1.SGM
24NOR1
]]>Agencies
[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Rules and Regulations]
[Pages 69763-69767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27634]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[EPA-R10-OAR-2012-0557: FRL-9917-07-Region 10]
Approval and Promulgation of Implementation Plans; Swinomish
Indian Tribal Community; Tribal Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
[[Page 69764]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
Tribal implementation plan (TIP) submitted by the Swinomish Indian
Tribal Community (SITC or the Tribe). The SITC TIP regulates open
burning practices and establishes a Tribal regulatory program
applicable to all persons within the exterior boundaries of the
Swinomish Reservation (Reservation). The SITC TIP was submitted to the
EPA on June 28, 2012, and supplementary submittals were received on
September 24, 2013, November 18, 2013, and January 28, 2014. This
action makes the approved portions of the SITC TIP federally
enforceable under the Clean Air Act (CAA). Upon the effective date of
this action, the SITC TIP will replace the Federal Implementation Plan
(FIP) provisions that regulate open burning within the exterior
boundaries of the Reservation.
DATES: This final rule is effective on December 24, 2014.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2012-0557. All documents in the
docket are listed on the https://www.regulations.gov Web site. Although
listed in the index, some information may not be publicly available,
i.e., Confidential Business Information or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-150, 1200 Sixth Avenue, Seattle, Washington
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel at (206) 553-
6121, vaupel.claudia@epa.gov, or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
I. Summary of the Proposed Action
On May 2, 2014 (79 FR 25049), the EPA proposed to approve a TIP
submitted by the SITC on June 28, 2012, and supplementary submittals
received on September 24, 2013, November 18, 2013, and January 28,
2014. The SITC TIP regulates open burning and establishes a Tribal
regulatory program to maintain or improve ambient air quality related
to open burning. The SITC TIP applies to all persons within the
exterior boundaries of the Swinomish Reservation and includes
regulations governing prohibited materials, burn bans, open burning
permit requirements and fees, and provisions related to enforcement of
the TIP. For a more detailed description of our evaluation of the SITC
TIP and our rationale for the proposed action, please see the May 2,
2014, proposed rule which can be found in the docket for today's
action. No public comments were received on the proposed rule.
II. Final Action
Under CAA sections 110(o), 110(k)(3) and 301(d), the EPA is taking
final action to approve the TIP submission as discussed in our May 2,
2014 proposal. Upon the effective date of this action, the SITC TIP for
open burning will apply to all persons within the exterior boundaries
of the Reservation and will replace the existing open burning
provisions in the FIP for the Swinomish Reservation (40 CFR 49.10956(g)
and 49.10960(g)). As discussed in the proposed rule, the EPA is
approving, but not incorporating by reference into the CFR, the
enforcement-related authorities in the SITC TIP.
III. 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
merely 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'' (65 FR 67249, November 9, 2000),
requires the 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.'' The EPA has
concluded that this rule will have Tribal implications in that it will
have substantial direct effects on the SITC. However, it will neither
impose substantial direct compliance costs on Tribal governments, nor
preempt Tribal law. The EPA is approving the SITC's TIP at the request
of the Tribe. Tribal law will not be preempted as the SITC has already
incorporated the TIP into Tribal Law on March 9, 2012. The Tribe has
applied for, and fully supports, the approval of the TIP. This approval
makes the TIP federally enforceable.
The EPA worked with Tribal air program staff early in the process
of developing the TIP to allow for meaningful and timely input into its
development. To administer an approved TIP, Indian Tribes must be
determined eligible (40 CFR part 49) for TAS for the purpose of
administering a TIP. During the TAS eligibility process, the Tribe and
the EPA worked together to ensure that the appropriate information was
submitted to the EPA. The SITC and the EPA also worked together
throughout the process of development and Tribal adoption of the TIP.
This action also 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 merely approves a TIP covering areas within the
exterior boundaries of the Swinomish Reservation, and does not alter
the relationship or the distribution of power and responsibilities
between States and the Federal government established in the Clean Air
Act. This action does not provide the 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,
[[Page 69765]]
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, the EPA's role is to approve an
eligible Indian 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 Indian Tribe to use voluntary consensus
standards (VCS), the EPA has no authority to disapprove a TIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for the EPA, when it reviews a TIP submission, to use
VCS in place of a TIP submission that otherwise satisfies the
provisions of the Clean Air Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act (NTTAA)
of 1995 (15 U.S.C. 272 note) do not apply to this action.
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. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 23, 2015. Only an
objection to this final action that was raised with reasonable
specificity during the public comment period can be raised during
judicial review. Upon request, adequately supported, the Administrator
may convene a proceeding for reconsideration of this final action.
Filing a petition requesting that the Administrator reconsider this
final rule does not affect the finality of this action for the purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. (See CAA section 307(b)(1).) This
action may not be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 49
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Indians,
Intergovernmental relations, Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 8, 2014.
Dennis J. Mclerran,
Regional Administrator, Region 10.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 49 as follows:
PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT
0
1. The authority citation for Part 49 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 49.10952 is revised to read as follows:
Sec. 49.10952 Approval status.
The implementation plan for the Swinomish Reservation includes the
EPA-approved Tribal rules and measures identified in Sec. 49.10957.
0
3. Section 49.10956 is amended by removing and reserving paragraph (g)
and by adding new paragraph (l) to read as follows:
Sec. 49.10956 Contents of implementation plan.
* * * * *
(g) [Reserved]
* * * * *
(l) The EPA-approved Tribal open burning rules and measures
approved in Sec. 49.10957.
(1) Title, authority, jurisdiction, definitions.
(2) Open burning.
(3) Public involvement.
(4) Appeals.
(5) Repealer, severability and effective date.
(6) Enforcement.
(7) Hearings, appeals, computation of time and law applicable.
0
4. Section 49.10957 is added to read as follows:
Sec. 49.10957 EPA-approved Tribal rules and plans.
(a) Purpose and scope. This section contains the EPA-approved
Tribal rules and measures in the open burning tribal implementation
plan (TIP) for the Swinomish Indians. The open burning TIP consists of
a program, procedures, and regulations that cover prohibited materials,
burn bans, open burning permit requirements and fees, and enforcement.
(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. The 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) The EPA Region 10 certifies that the rules/regulations provided
by the EPA in the Tribal implementation plan (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 TIP as of August 4, 2014.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office at 1200 Sixth Avenue, Seattle WA,
98101; the EPA, Air and Radiation Docket and Information Center, EPA
Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave. NW., Washington, DC; or the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call (202) 741-6030, or go to:
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA-approved regulations.
[[Page 69766]]
EPA-Approved Swinomish Indians of the Swinomish Reservation Washington Regulations
----------------------------------------------------------------------------------------------------------------
Tribal
Tribal citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
Swinomish Tribal Code Title 19 Environmental Protection, Chapter 2--Clean Air Act (Swinomish TIP for Open
Burning Part II)
----------------------------------------------------------------------------------------------------------------
19-02.020...................... Title Authority.. 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
19-02.030...................... Jurisdiction..... 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
19-02.040...................... Definitions...... 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Subchapter II--Open Burning
----------------------------------------------------------------------------------------------------------------
19-02.080...................... Applicability of 3/9/12 11/24/14, [Insert ............................
Subchapter. Federal Register
citation].
19-02.090...................... General Rules for 3/9/12 11/24/14, [Insert Except D
Open Burning. Federal Register
citation].
19-02.100...................... Burn Bans........ 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
19-02.110...................... Open Burn Permits 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
19-02.120...................... Special Use 3/9/12 11/24/14, [Insert ............................
Permits. Federal Register
citation].
19-02.130...................... Open Burn and 3/9/12 11/24/14, [Insert Except B.
Special Use Federal Register
Permit Fees. citation].
19-02.140...................... Standard Permit 3/9/12 11/24/14, [Insert ............................
Conditions. Federal Register
citation].
19-02.150...................... Additional Permit 3/9/12 11/24/14, [Insert ............................
Conditions. Federal Register
citation].
19-02.160...................... Burn Notification 3/9/12 11/24/14, [Insert ............................
and Inspection. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Subchapter III--Public Involvement
----------------------------------------------------------------------------------------------------------------
19-02.170...................... Public 3/9/12 11/24/14, [Insert ............................
Information. Federal Register
citation].
19-02.180...................... Public Hearings.. 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Subchapter V--Appeals
----------------------------------------------------------------------------------------------------------------
19-02.240...................... Sovereign 3/9/12 11/24/14, [Insert ............................
Immunity. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Subchapter VI--Repealer, Severability and Effective Date
----------------------------------------------------------------------------------------------------------------
19-02.250...................... Repealer......... 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
19-02.260...................... Severability..... 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
19-02.270...................... Effective Date... 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
(d) [Reserved]
(e) EPA-approved nonregulatory provisions and quasi-regulatory
measures.
EPA-Approved Swinomish Indians of the Swinomish Reservation Washington
Nonregulatory Provisions and Quasi-Regulatory Measures
Table 1--Air Quality Plans
----------------------------------------------------------------------------------------------------------------
Tribal
Name of plan submittal EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
Swinomish Tribal Implementation Plan for 11/18/13 11/24/14, [Insert Federal Except the section on
Open Burning (Swinomish TIP, Part I). Register citation]. ``Adoption Process and
Procedure''.
----------------------------------------------------------------------------------------------------------------
[[Page 69767]]
Table 2--Swinomish Tribal Code Approved but Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Tribal
Tribal citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
Swinomish Tribal Code Title 19 Environmental Protection, Chapter 2--Clean Air Act (Swinomish TIP for Open
Burning Part II)
----------------------------------------------------------------------------------------------------------------
Subchapter IV--Enforcement
----------------------------------------------------------------------------------------------------------------
19-02.190...................... Enforcement...... 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
19-02.200...................... Penalties........ 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
19-02.210...................... Damages.......... 3/9/12 11/24/14, [Insert ............................
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Subchapter V--Appeals
----------------------------------------------------------------------------------------------------------------
19-02.220...................... Appeals of 3/9/12 11/24/14, [Insert ............................
Department Federal Register
Decisions. citation].
19-02.230...................... Tribal 3/9/12 11/24/14, [Insert ............................
Administrative Federal Register
Remedies and citation].
Tribal Court.
----------------------------------------------------------------------------------------------------------------
Title 19--Environmental Protection, Chapter 4--Shorelines and Sensitive Areas Act
----------------------------------------------------------------------------------------------------------------
Subchapter IX--Hearings, Appeals, Computation of Time and Law Applicable
----------------------------------------------------------------------------------------------------------------
19-04.560...................... Request for 8/18/05 11/24/14, [Insert ............................
Hearing Before Federal Register
the Planning citation].
Commission.
19-04.570...................... Hearings by the 8/18/05 11/24/14, [Insert ............................
Planning Federal Register
Commission. citation].
19-04.580...................... Appeals of 8/18/05 11/24/14, [Insert ............................
Planning Federal Register
Commission citation].
Decisions.
19-04.590...................... Appeals of Senate 8/18/05 11/24/14, [Insert ............................
Decisions. Federal Register
citation].
19-04.600...................... Time and Finality 8/18/05 11/24/14, [Insert ............................
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
0
5. Section 49.10960 is amended by removing and reserving paragraph (g)
to read as follows:
Sec. 49.10960 Federally-promulgated regulations and Federal
implementation plans.
* * * * *
(g) [Reserved]
* * * * *
[FR Doc. 2014-27634 Filed 11-21-14; 8:45 am]
BILLING CODE 6560-50-P
