Approval and Promulgation of Air Quality Implementation Plan; Mashantucket Pequot Tribal Nation, 12260-12263 [2021-03124]
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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations
violation of, the CSA or its
implementing regulations, is unlawful,
and may subject the person to
administrative, civil, and/or criminal
sanctions.
Regulatory Analyses
Administrative Procedure Act
This final rule, without change,
affirms the amendment made by the
interim final rule that is already in
effect. Section 553 of the Administrative
Procedure Act (APA) (5 U.S.C. 553)
generally requires notice and comment
for rulemakings. However, 21 U.S.C.
811(j) provides that in cases where a
certain new drug is: (1) Approved by
HHS and (2) HHS recommends control
in CSA schedule II–V, DEA shall issue
an interim final rule scheduling the
drug within 90 days. Additionally,
subsection (j) specifies that the
rulemaking shall become immediately
effective as an interim final rule without
requiring DEA to demonstrate good
cause. DEA issued an interim final rule
on April 7, 2020, and solicited public
comments on that rule. Subsection (j)
further states that after giving interested
persons the opportunity to comment
and to request a hearing, the Attorney
General, as delegated to the
Administrator of DEA, shall issue a final
rule in accordance with the scheduling
criteria of 21 U.S.C. 811 (b) through (d)
and 812(b). DEA is now responding to
the comments submitted by the public
and issuing the final rule in accordance
with subsection (j).
Executive Orders 12866 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review)
In accordance with 21 U.S.C. 811(a)
and (j), this scheduling action is subject
to formal rulemaking procedures
performed ‘‘on the record after
opportunity for a hearing,’’ which are
conducted pursuant to the provisions of
5 U.S.C. 556 and 557. The CSA sets
forth the procedures and criteria for
scheduling a drug or other substance.
Such actions are exempt from review by
the Office of Management and Budget
(OMB) pursuant to section 3(d)(1) of
Executive Order (E.O.) 12866 and the
principles reaffirmed in E.O. 13563.
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Executive Order 12988, Civil Justice
Reform
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of E.O. 12988 to eliminate
drafting errors and ambiguity, minimize
litigation, provide a clear legal standard
for affected conduct, and promote
simplification and burden reduction.
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Executive Order 13132, Federalism
This final rule does not have
federalism implications warranting the
application of E.O. 13132. The final rule
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.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This final rule does not have tribal
implications warranting the application
of E.O. 13175. It does not have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612) applies to rules that
are subject to notice and comment
under section 553(b) of the APA. As
noted in the above discussion regarding
the applicability of the APA, DEA was
not required to publish a general notice
of proposed rulemaking. Consequently,
the RFA does not apply.
Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded
Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., DEA has
determined and certifies that this action
would not result in any Federal
mandate that may result ‘‘in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
1 year.’’ Therefore, neither a Small
Government Agency Plan nor any other
action is required under UMRA of 1995.
Paperwork Reduction Act of 1995
This action does not impose a new
collection of information requirement
under the Paperwork Reduction Act of
1995. 44 U.S.C. 3501–3521. This action
does not impose recordkeeping or
reporting requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Congressional Review Act
This final rule is not a major rule as
defined by the Congressional Review
Act (CRA), 5 U.S.C. 804. This rule will
not result in an annual effect on the
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economy of $100 million or more; a
major increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of the U.S.-based companies to
compete with foreign-based companies
in domestic and export markets.
However, pursuant to the CRA, DEA has
submitted a copy of this final rule to
both Houses of Congress and to the
Comptroller General.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
Accordingly, the interim final rule (85
FR 19387) amending 21 CFR part 1308,
which published on April 7, 2020, is
adopted as a final rule without change.
■
D. Christopher Evans,
Acting Administrator.
[FR Doc. 2021–04183 Filed 3–2–21; 8:45 am]
BILLING CODE 4410–09–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 49
[EPA–R01–OAR–2020–0374; FRL–10018–
74–Region 1]
Approval and Promulgation of Air
Quality Implementation Plan;
Mashantucket Pequot Tribal Nation
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) approves the
Mashantucket Pequot Tribal Nation’s
(MPTN or the Tribe) Tribal
Implementation Plan (TIP) under the
Clean Air Act (CAA) to regulate air
pollution within the exterior boundaries
of the Tribe’s reservation. The TIP is one
of two CAA regulatory programs that
comprise the Tribe’s Clean Air Program
(CAP). EPA approved the Tribe for
treatment in the same manner as a State
(Treatment as State or TAS) for
purposes of administering New Source
Review (NSR) and Title V operating
permits under the CAA on July 10,
2008. In this action we act only on those
portions of MPTN’s CAP that constitute
a TIP containing severable elements of
SUMMARY:
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an implementation plan under CAA
section 110(a). The TIP includes
permitting requirements for major and
minor sources of air pollution. The
purpose of the TIP is to enable the Tribe
to attain and maintain the National
Ambient Air Quality Standards
(NAAQS) within the exterior boundaries
of its reservation by establishing a
federally enforceable preconstruction
permitting program.
DATES: This rule is effective on April 2,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0374. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure 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 at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact 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 legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Patrick Bird, Air Permits, Toxics and
Indoor Programs Branch, U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Mail
Code: 05–2, Boston, MA 02109–0287.
Telephone: 617–918–1287. Fax: 617–
918–0287. Email: Bird.Patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. Background and Purpose
On September 9, 2020 (85 FR 55628),
EPA published a Notice of Proposed
Rulemaking (NPRM) for a TIP submitted
by the MPTN for approval under section
110 of the CAA. The TIP addresses
attainment and maintenance of the
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National Ambient Air Quality Standards
(NAAQS) by establishing a federally
enforceable preconstruction permitting
program within the exterior boundaries
of the Tribe’s reservation. It also allows
for sources that otherwise would have
the potential to emit hazardous air
pollutants or regulated NSR pollutants
in amounts at or above those for major
sources to request federally enforceable
permit limitations that restrict
emissions to below those of a major
source.
The MPTN is an Indian Tribe
federally recognized in 1983 by
Congressional legislation (Pub. L. 98–
134, sec. 9, Oct. 1St, 1983 97 Stat 855,
Title 25 U.S.C.A. 1751–1760). The
Secretary of the Interior recognizes the
‘‘Mashantucket Pequot Tribe of
Connecticut’’ (73 FR 18553, 18554,
April 4, 2008). MPTN’s CAP was
established by Tribal Council
Resolution in 2005 (TCR102600–01 of
02). On July 10, 2008, EPA determined
that the Tribe is eligible for TAS for
these purposes.
The MPTN formally submitted the
applicable elements of its TIP to EPA
Region 1 on December 7, 2018. Having
found that the MPTN is eligible for TAS
to implement these regulatory programs,
EPA is now approving the Tribe’s TIP.
We intend to act on the Tribe’s title V
operating permit program in separate
notice and comment processes, as
appropriate.
The rationale for EPA’s proposed
approval of the MTPN TIP is explained
in the NPRM and will not be restated
here. No adverse public comments were
received on the NPRM.
II. Response to Comments
EPA received three comments during
the comment period, all of which
supported EPA’s proposed action. As
such, these comments do not require
further response to finalize the action as
proposed.
III. Final Action
EPA is approving the MPTN’s TIP
under the Clean Air Act to regulate air
pollution within the exterior boundaries
of the Tribe’s reservation. In this action
we act only on those portions of
MPTN’s CAP that constitute a TIP
containing severable elements of an
implementation plan under CAA
section 110(a). The TIP includes
permitting requirements for major and
minor sources of air pollution.
Specifically, we are approving the
following sections of the MPTN’s air
quality regulations. Title 12, Subtitle
12.1, § 2—Applicability (with effective
date); Title 12, Subtitle 12.1, § 4—
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Definitions; and Title 12, Subtitle 12.2—
New Source Review—MPTN TIP.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the MPTN rules
discussed in section I. and III. of this
preamble. EPA has made, and will
continue to make, these documents
generally available through https://
www.regulations.gov and at the EPA
Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
TIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing TIP
submissions, EPA’s role is to approve
tribal choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this final action merely
approves tribal law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by tribal law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
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• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties, 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 3, 2021.
Filing a petition for reconsideration by
the Administrator of 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. This action may
not be challenged later in proceedings to
enforce its requirements. (See 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, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 10, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region
1.
Part 49 of chapter I, title 40 of the
Code of Federal Regulations is amended
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.
Subpart D—Implementation Plans for
Tribes—Region 1
2. Subpart D of Part 49 is amended by
adding an undesignated center heading
and § 49.202, after § 49.201, to read as
follows:
■
Implementation Plan for the
Mashantucket Pequot Tribal Nation.
§ 49.202
Identification of Plan
(a) Purpose and scope. This section
contains the implementation plan for
the Mashantucket Pequot Tribal Nation.
This plan consists of permitting
requirements for major and minor
sources of air pollution submitted by the
Tribe on December 7, 2018, applicable
to lands within the exterior boundaries
of the Mashantucket Pequot Tribal
Nation’s reservation.
(b) Incorporation by reference. (1)
Material listed in paragraph (c) of this
section was approved for incorporation
by reference by the Director of the
Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on
the date of the approval, and notice of
any change in the material will be
published in the Federal Register.
Entries in paragraph (c) of this section
with EPA approval dates after January 6,
2021, will be incorporated by reference
in the next update to the TIP
compilation.
(2) EPA Region 1 certifies that the
rules/regulations provided by EPA in
the TIP compilation at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated tribal rules/regulations
which have been approved as part of the
Tribal Implementation Plan as of
January 6, 2021.
(3) Copies of the materials
incorporated by reference may be
inspected at the EPA Region 1 Office, 5
Post Office Square, Suite 100, Boston,
MA 02109–3912 and at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
email fedreg.legal@nara.gov, or go to:
https://www.archives.gov/federalregister/cfr/ibr-locations.html.
(c) EPA-approved regulations.
TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED MASHANTUCKET PEQUOT TRIBAL NATION REGULATIONS
Title/subject
Resolution Number
TCR101118–04
of 06 of the
Mashantucket
Pequot Tribe.
RESOLUTION NUMBER TCR101118–04 of 06 OF
THE MASHANTUCKET PEQUOT TRIBAL
COUNCIL, THE GOVERNING BODY OF THE
MASHANTUCKET PEQUOT TRIBE, Approves
the MPTN Air Quality Program, Submission of
the Tribal Implementation Plan and Requests
Delegation of the Title V Program.
MPTN Land Use Regulations, Title 12 Air Quality
Regulations.
MPTN Land Use
Regulations,
Title 12 Air
Quality Regulations.
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Tribal
effective
date
Tribal citation
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EPA approval
date
10/11/2018
3/3/2021 [Insert
Federal Register citation].
10/11/2018
3/3/2021[Insert
Federal Register citation].
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Explanations
MPTN only submitted, and EPA
only approved, applicable TIP
References: Subtitle 12.1, § 2
‘‘Applicability’’ and § 4 ‘‘Definitions’’; and Subtitle 12.2 ‘‘New
Source Review—MPTN TIP.’’
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[FR Doc. 2021–03124 Filed 3–2–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52
[EPA–R09–OAR–2020–0534; FRL–10020–
36–Region 9]
Approval and Promulgation of Air
Quality State Implementation Plans;
California; Plumas County; Moderate
Area Plan for the 2012 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Table of Contents
The Environmental Protection
Agency (EPA) is taking final action to
approve a state implementation plan
(SIP) revision submitted by the State of
California to address Clean Air Act
(CAA or ‘‘Act’’) requirements for the
2012 annual fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS or ‘‘standard’’) in the
Plumas County Moderate PM2.5
nonattainment area (‘‘Portola
nonattainment area’’). The submitted
SIP revision is the State’s ‘‘Proposed
Portola PM2.5 Plan Contingency Measure
SIP Submittal’’ (‘‘PM2.5 Plan Revision’’),
which includes a revised City of Portola
ordinance regulating PM2.5 emission
sources and the State’s demonstration
that this submission meets the Moderate
area contingency measure requirement
for the 2012 annual PM2.5 NAAQS in the
Portola nonattainment area. The EPA is
also taking final action to approve the
contingency measure element of the
Moderate area attainment plan for the
Portola nonattainment area, as revised
and supplemented by the PM2.5 Plan
Revision.
DATES: This rule is effective on April 2,
2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0534. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
SUMMARY:
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additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: John
Ungvarsky, Air Planning Office (AIR–2),
EPA Region IX, 75 Hawthorne Street,
San Francisco, CA 94105, (415) 972–
3963 or ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
I. Background
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On January 15, 2013, the EPA
strengthened the primary annual
NAAQS for particulate matter with a
diameter of 2.5 microns or less by
lowering the level from 15.0 micrograms
per cubic meter (mg/m3) to 12.0 mg/m3
(‘‘2012 PM2.5 NAAQS’’).1 The EPA
established this standard after
considering substantial evidence from
numerous health studies demonstrating
that serious health effects are associated
with exposures to PM2.5 concentrations
above these levels.
Epidemiological studies have shown
statistically significant correlations
between elevated levels of PM2.5
(particulate matter with a diameter of
2.5 microns or less) and premature
mortality. Other important health effects
associated with PM2.5 exposure include
aggravation of respiratory and
cardiovascular disease, changes in lung
function, and increased respiratory
symptoms. Individuals particularly
sensitive to PM2.5 exposure include
older adults, people with heart and lung
disease, and children.2 PM2.5 can be
emitted directly into the atmosphere as
a solid or liquid particle (‘‘primary
PM2.5’’ or ‘‘direct PM2.5’’) or can be
formed in the atmosphere as a result of
various chemical reactions among
precursor pollutants such as nitrogen
oxides, sulfur oxides, volatile organic
compounds, and ammonia (‘‘secondary
PM2.5’’).3
1 78 FR 3086 and 40 CFR 50.18. Unless otherwise
noted, all references to the PM2.5 NAAQS in this
notice are to the 2012 annual NAAQS of 12.0 mg/
m3 codified at 40 CFR 50.18.
2 78 FR 3086, 3088 (January 15, 2013).
3 EPA, Air Quality Criteria for Particulate Matter,
No. EPA/600/P–99/002aF and EPA/600/P–99/
002bF, October 2004.
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Following promulgation of a new or
revised NAAQS, the EPA is required by
CAA section 107(d) to designate areas
throughout the nation as attaining or not
attaining the NAAQS. The EPA
designated and classified the Portola
nonattainment area as ‘‘Moderate’’
nonattainment for the 2012 annual
PM2.5 standards based on ambient
monitoring data that showed the area
was above 12.0 mg/m3 for the 2011–2013
monitoring period.4 For the 2011–2013
period, the annual PM2.5 design value
for the Portola nonattainment area was
12.8 mg/m3 based on monitored readings
at the 161 Nevada Street and 420
Gulling Street monitors.5
The Portola nonattainment area
includes the City of Portola (‘‘Portola’’),
which has a population of
approximately 2,100 and is located at an
elevation of 4,890 feet in an
intermountain basin isolated by rugged
mountains. For a precise description of
the geographic boundaries of the Portola
nonattainment area, see 40 CFR 81.305.
The local air district with primary
responsibility for developing a plan to
attain the 2012 annual PM2.5 NAAQS in
this area is the Northern Sierra Air
Quality Management District (NSAQMD
or ‘‘District’’). The District worked with
the California Air Resources Board
(CARB) in preparing the PM2.5 Plan
Revision. Under state law, authority for
regulating sources under state
jurisdiction in the Portola
nonattainment area is split between the
District, which has responsibility for
regulating stationary and most area
sources, and CARB, which has
responsibility for regulating most
mobile sources.
On February 28, 2017, California
submitted the ‘‘Portola Fine Particulate
Matter (PM2.5) Attainment Plan’’
(‘‘Portola PM2.5 Plan’’) to address the
CAA’s Moderate area requirements for
the 2012 annual PM2.5 NAAQS in the
Portola nonattainment area. On March
25, 2019, the EPA fully approved the
Portola PM2.5 Plan, except for the
contingency measure element.6 As part
of the attainment control strategy, the
Portola PM2.5 Plan relies on ‘‘Ordinance
No. 344: An Ordinance of the City of
Portola, County of Plumas Amending
Chapter 15.10 of the City of Portola
Municipal Code Providing for
Regulation of Wood Stoves and
Fireplaces’’ (‘‘City Ordinance No. 344’’)
to achieve direct PM2.5 emission
reductions necessary for attainment by
4 80
FR 2206 (January 15, 2015).
2000 through early 2013, the Portola PM2.5
monitoring site was located at 161 Nevada Street.
In 2013, the site was relocated to 420 Gulling Street.
6 84 FR 11208.
5 From
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]]>Agencies
[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Rules and Regulations]
[Pages 12260-12263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03124]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[EPA-R01-OAR-2020-0374; FRL-10018-74-Region 1]
Approval and Promulgation of Air Quality Implementation Plan;
Mashantucket Pequot Tribal Nation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) approves the
Mashantucket Pequot Tribal Nation's (MPTN or the Tribe) Tribal
Implementation Plan (TIP) under the Clean Air Act (CAA) to regulate air
pollution within the exterior boundaries of the Tribe's reservation.
The TIP is one of two CAA regulatory programs that comprise the Tribe's
Clean Air Program (CAP). EPA approved the Tribe for treatment in the
same manner as a State (Treatment as State or TAS) for purposes of
administering New Source Review (NSR) and Title V operating permits
under the CAA on July 10, 2008. In this action we act only on those
portions of MPTN's CAP that constitute a TIP containing severable
elements of
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an implementation plan under CAA section 110(a). The TIP includes
permitting requirements for major and minor sources of air pollution.
The purpose of the TIP is to enable the Tribe to attain and maintain
the National Ambient Air Quality Standards (NAAQS) within the exterior
boundaries of its reservation by establishing a federally enforceable
preconstruction permitting program.
DATES: This rule is effective on April 2, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0374. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact 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 legal holidays and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxics and
Indoor Programs Branch, U.S. Environmental Protection Agency, Region 1,
5 Post Office Square, Mail Code: 05-2, Boston, MA 02109-0287.
Telephone: 617-918-1287. Fax: 617-918-0287. Email:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On September 9, 2020 (85 FR 55628), EPA published a Notice of
Proposed Rulemaking (NPRM) for a TIP submitted by the MPTN for approval
under section 110 of the CAA. The TIP addresses attainment and
maintenance of the National Ambient Air Quality Standards (NAAQS) by
establishing a federally enforceable preconstruction permitting program
within the exterior boundaries of the Tribe's reservation. It also
allows for sources that otherwise would have the potential to emit
hazardous air pollutants or regulated NSR pollutants in amounts at or
above those for major sources to request federally enforceable permit
limitations that restrict emissions to below those of a major source.
The MPTN is an Indian Tribe federally recognized in 1983 by
Congressional legislation (Pub. L. 98-134, sec. 9, Oct. 1St, 1983 97
Stat 855, Title 25 U.S.C.A. 1751-1760). The Secretary of the Interior
recognizes the ``Mashantucket Pequot Tribe of Connecticut'' (73 FR
18553, 18554, April 4, 2008). MPTN's CAP was established by Tribal
Council Resolution in 2005 (TCR102600-01 of 02). On July 10, 2008, EPA
determined that the Tribe is eligible for TAS for these purposes.
The MPTN formally submitted the applicable elements of its TIP to
EPA Region 1 on December 7, 2018. Having found that the MPTN is
eligible for TAS to implement these regulatory programs, EPA is now
approving the Tribe's TIP. We intend to act on the Tribe's title V
operating permit program in separate notice and comment processes, as
appropriate.
The rationale for EPA's proposed approval of the MTPN TIP is
explained in the NPRM and will not be restated here. No adverse public
comments were received on the NPRM.
II. Response to Comments
EPA received three comments during the comment period, all of which
supported EPA's proposed action. As such, these comments do not require
further response to finalize the action as proposed.
III. Final Action
EPA is approving the MPTN's TIP under the Clean Air Act to regulate
air pollution within the exterior boundaries of the Tribe's
reservation. In this action we act only on those portions of MPTN's CAP
that constitute a TIP containing severable elements of an
implementation plan under CAA section 110(a). The TIP includes
permitting requirements for major and minor sources of air pollution.
Specifically, we are approving the following sections of the MPTN's air
quality regulations. Title 12, Subtitle 12.1, Sec. 2--Applicability
(with effective date); Title 12, Subtitle 12.1, Sec. 4--Definitions;
and Title 12, Subtitle 12.2--New Source Review--MPTN TIP.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the MPTN
rules discussed in section I. and III. of this preamble. EPA has made,
and will continue to make, these documents generally available through
https://www.regulations.gov and at the EPA Region 1 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
TIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing TIP submissions, EPA's role is to approve tribal
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this final action merely approves tribal law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by tribal law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties, 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 3, 2021. Filing a
petition for reconsideration by the Administrator of 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. This action may not be challenged later in
proceedings to enforce its requirements. (See 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, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 10, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
Part 49 of chapter I, title 40 of the Code of Federal Regulations
is amended 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.
Subpart D--Implementation Plans for Tribes--Region 1
0
2. Subpart D of Part 49 is amended by adding an undesignated center
heading and Sec. 49.202, after Sec. 49.201, to read as follows:
Implementation Plan for the Mashantucket Pequot Tribal Nation.
Sec. 49.202 Identification of Plan
(a) Purpose and scope. This section contains the implementation
plan for the Mashantucket Pequot Tribal Nation. This plan consists of
permitting requirements for major and minor sources of air pollution
submitted by the Tribe on December 7, 2018, applicable to lands within
the exterior boundaries of the Mashantucket Pequot Tribal Nation's
reservation.
(b) Incorporation by reference. (1) Material listed in paragraph
(c) of this section was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraph (c) of this section with EPA
approval dates after January 6, 2021, will be incorporated by reference
in the next update to the TIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by
EPA in the TIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated tribal
rules/regulations which have been approved as part of the Tribal
Implementation Plan as of January 6, 2021.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 1 Office, 5 Post Office Square, Suite 100,
Boston, MA 02109-3912 and at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA-approved regulations.
Table 1 to Paragraph (c)--EPA-Approved Mashantucket Pequot Tribal Nation Regulations
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Tribal
Tribal citation Title/subject effective date EPA approval date Explanations
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Resolution Number TCR101118-04 of 06 RESOLUTION NUMBER TCR101118-04 of 06 OF 10/11/2018 3/3/2021 [Insert Federal
of the Mashantucket Pequot Tribe. THE MASHANTUCKET PEQUOT TRIBAL Register citation].
COUNCIL, THE GOVERNING BODY OF THE
MASHANTUCKET PEQUOT TRIBE, Approves
the MPTN Air Quality Program,
Submission of the Tribal
Implementation Plan and Requests
Delegation of the Title V Program.
MPTN Land Use Regulations, Title 12 MPTN Land Use Regulations, Title 12 Air 10/11/2018 3/3/2021[Insert Federal MPTN only submitted, and EPA
Air Quality Regulations. Quality Regulations. Register citation]. only approved, applicable
TIP References: Subtitle
12.1, Sec. 2
``Applicability'' and Sec.
4 ``Definitions''; and
Subtitle 12.2 ``New Source
Review--MPTN TIP.''
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[FR Doc. 2021-03124 Filed 3-2-21; 8:45 am]
BILLING CODE 6560-50-P
