Approval and Promulgation of Air Quality Implementation Plan; Mohegan Tribe of Indians of Connecticut, 24916-24918 [2023-08527]
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24916
Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations
17.2.3 Verification at Origin BMEU
PVDS verification can be performed at
the origin business mail entry unit
(BMEU) under these conditions:
*
*
*
*
*
[Revise the text of item d to read as
follows:]
d. Form 8125 accompanies each PVDS
(or segment, if the PVDS is contained in
more than one vehicle).
*
*
*
*
*
Tram T. Pham,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023–08620 Filed 4–24–23; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 49
[EPA–R01–OAR–2022–0961, FRL–10562–
02–R1]
Approval and Promulgation of Air
Quality Implementation Plan; Mohegan
Tribe of Indians of Connecticut
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving amendments
to the Mohegan Tribe of Indians of
Connecticut (the Mohegan Tribe,
Mohegans, 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. 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) under the CAA on
December 26, 2006. The TIP revisions
we are approving include permitting
requirements for minor sources of air
pollution not covered by the Tribe’s
existing federally approved NSR
permitting program. The purpose of the
TIP revisions 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 new
elements to its federally enforceable
preconstruction air permitting program.
DATES: This rule is effective on May 25,
2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2022–0961. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
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SUMMARY:
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not publicly available, i.e., 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 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:
Madeline Isenberg, Air Permits, Toxics,
and Indoor Programs Branch, EPA
Region 1, 5 Post Office Square (Mail
Code: MI–5), Boston, MA, 02109–3912,
telephone number (617) 918–1271,
email: Isenberg.Madeline@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 Review
I. Background and Purpose
On February 13, 2023 (88 FR 2298),
EPA published a notice of proposed
rulemaking (NPRM) for TIP revisions
submitted by the Mohegan Tribe of
Indians of Connecticut for approval
under section 110 of the CAA. The TIP
revisions address attainment and
maintenance of the NAAQS within the
exterior boundaries of its reservation by
establishing new elements to its
federally enforceable preconstruction air
permitting program.
The Mohegan Tribe of Indians of
Connecticut is an Indian Tribe federally
recognized on March 7, 1994, by
congressional legislation (Pub. L. 103–
377, October 19, 1994.). The Secretary of
the Interior recognizes the ‘‘Mohegan
Tribe of Connecticut’’ (86 FR 7554,
January 29, 2021). On May 4, 2005, the
Mohegan Tribe of Indians of
Connecticut submitted a request that we
find the Tribe eligible for TAS pursuant
to section 301(d)(2) of the CAA and title
42, part 49 of the Code of Federal
Regulations (CFR), for the purpose of
implementing its CAA permitting
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Sfmt 4700
program. The Mohegans also submitted
for EPA approval its TIP on May 4,
2005.
The Tribe requested a TAS eligibility
determination pursuant to the CAA and
the Tribal Authority Rule (‘‘TAR’’) for
the purpose of administering its TIP
within reservation lands. The operative
portion of the Mohegan TIP was the
Tribe’s Area Wide NOX Emission
Limitation Regulation.
The Tribe formally submitted the
applicable elements of its TIP revision
to EPA Region 1 on July 28, 2022.
The rationale for EPA’s proposed
approval of the Mohegan 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 one comment during
the comment period, which supported
EPA’s proposed action. As such, this
comment does not require further
response to finalize the action as
proposed. The comment is available in
the docket for this action.
III. Final Action
EPA is approving the Mohegan TIP
revisions under the Clean Air Act to
regulate air pollution within the exterior
boundaries of the Tribe’s reservation.
The TIP revisions include the addition
of a source registration program for new
and existing sources, a minor NSR
permitting program, and provisions to
obtain a potential to emit limit to render
a source non-major for new and existing
sources. The revisions also outline a
process by which the Mohegan Tribe
can establish permit by rules, and the
Tribe has adopted one permit by rule
into its body of regulations for gasoline
dispensing facilities as part of these
revisions.
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, the EPA is finalizing the
incorporation by reference of the
Mohegan Tribe’s Resolution No. 2022–
31, which incorporates Article XIII–A
and establishes a minor NSR
preconstruction permitting program and
allows for sources that would otherwise
be major to take restrictions on their
potential to emit to below major source
thresholds, as described in the
amendments to 40 CFR part 49 set forth
below. The 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
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Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
TIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the TIP compilation.1
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 a
Tribe’s choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this 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);
• 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. 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
24917
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 26, 2023.
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, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 17, 2023.
David Cash,
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. Section 49.201 is amended by
revising paragraph (c) to read as follows:
■
§ 49.201
*
Identification of plan.
*
*
*
*
(c) EPA-approved regulations.
EPA-APPROVED MOHEGAN TRIBE OF INDIANS OF CONNECTICUT REGULATIONS
Tribal citation
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Memorandum of
Agreement.
Mohegan Tribal
Resolution No.
2009–28.
Mohegan Tribal
Gaming Authority
Resolution MTGA
2009–07.
1 62
Tribal
effective
date
Title/subject
Memorandum of Agreement
dated December 26, 2006, between the Mohegan Tribe of
Indians of Connecticut and the
U.S. Environmental Protection
Agency Region I.
Approval of Amended Tribal Air
Program Area Wide NOX
Emission Limitation Regulation.
Confirmation and Approval of
Amended Tribal Air Program
‘‘Area Wide NOX Emission
Limitation Regulation’’.
EPA approval
date
12/26/06
11/14/07, 72 FR
63988.
02/18/2009
09/29/09, 74 FR
49327.
2/18/2009
09/29/09, 74 FR
49327.
Explanations
Mohegan Tribal Resolution 2009–28 includes the
‘‘Area Wide NOX Emission Limitation Regulation.’’
FR 27968 (May 22, 1997).
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Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations
EPA-APPROVED MOHEGAN TRIBE OF INDIANS OF CONNECTICUT REGULATIONS—Continued
Tribal citation
Mohegan Tribal
Resolution No.
2022–31.
Article XIII–A. Minor New Source
Review Program.
[FR Doc. 2023–08527 Filed 4–24–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2021–0214; FRL–9407–02–
R6]
Air Plan Approval; Oklahoma;
Revisions to Air Pollution Control
Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions to the State
Implementation Plan (SIP) for
Oklahoma, submitted to the EPA by the
State of Oklahoma designee (‘‘the
State’’) on February 9, 2021. The SIP
revisions being approved address Open
Burning, Control of Emission of Volatile
Organic Compounds (VOC), and
Specialty Coatings VOC Content Limits.
DATES: This rule is effective on May 25,
2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
EPA–R06–OAR–2021–0214. 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 or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
information on the revisions addressing
open burning, please contact Ms. Carrie
Paige, Region 6 Office, Infrastructure
and Ozone Section, 214–665–6521,
paige.carrie@epa.gov. For information
on the revisions addressing emissions of
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date
Title/subject
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EPA approval
date
Explanations
4/25/2023, [Insert Federal
Register citation].
The TIP revision includes the addition of a source
registration program, a minor NSR permitting
program, provisions to obtain a potential to emit
limit to render a source non-major, a process
by which the Mohegan Tribe can establish permit by rules, and a permit by rule for gasoline
dispensing facilities.
VOC, please contact Mr. Emad Shahin,
EPA Region 6 Office, Infrastructure and
Ozone Section, 214–665–6717,
shahin.emad@epa.gov. Out of an
abundance of caution for members of
the public and staff, the EPA Region 6
office may be closed to the public to
reduce the risk of transmitting COVID–
19. The EPA encourages the public to
submit comments via https://
www.regulations.gov. Please call or
email the contact listed above if you
need alternative access to material
indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our February 3,
2023, proposal (88 FR 7384).1 In that
document, we proposed to approve a
portion of the revisions to the Oklahoma
SIP submitted on February 9, 2021. Our
February 2023 proposal addressed only
the portion of the submittal that referred
to the Oklahoma Administrative Code
(OAC) Title 252, Chapter 100 (denoted
OAC 252:100), Subchapters 13, 37, and
39, and Appendix N. The remainder of
the submitted revisions were addressed
in a separate rulemaking action.2
The revisions to Subchapter 13,
which addresses Open Burning
(denoted 252:100–13), include but are
not limited to, requiring inspection and
removal of materials containing
asbestos, asphalt, and lead in structures
prior to fire training; requiring use of air
curtain incinerators (ACIs) in specified
areas; and add a provision for open
burning of certain medical marijuana
plant refuse.
The revisions to Subchapter 37
(252:100–37), which addresses Control
of Emission of Volatile Organic
Compounds (VOC), add a new section to
control VOC emissions from aerospace
1 Henceforth referred to as our ‘‘February 2023’’
proposal. Our February 2023 proposal includes
technical support documents, which are posted in
the docket for this action.
2 See 87 FR 50263 (August 16, 2022).
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industries coatings operations, for new
and existing aerospace vehicle and
component coating operations. The
revisions to Subchapter 39 (252:100–
39), which address Emission of Volatile
Organic Compounds (VOCs) in
Nonattainment Areas and Former
Nonattainment Areas, include but are
not limited to incorporating the
Aerospace national emission standards
for hazardous air pollutants (NESHAP)
(40 CFR part 63, subpart GG). The
revisions also added Appendix N
(Specialty Coatings VOC Content
Limits) to the SIP.
The revisions addressed in our
February 2023 proposal add clarity,
consistency, and stringency to the
Oklahoma SIP. The revisions do not
relax the current SIP rules and are
consistent with Federal regulations at 40
CFR parts 60 and 61 and 40 CFR part
63, subparts GG and WWWW.
Therefore, and consistent with CAA
section 110(l), we do not expect these
revisions to interfere with any
applicable requirement concerning
attainment and reasonable further
progress or any other applicable
requirement of the Act. More detail on
these revisions is provided in the docket
for this action.
Our February 2023 proposal provided
a detailed description of the revisions
and the rationale for the EPA’s proposed
actions, together with a discussion of
the opportunity to comment. The public
comment period for our February 2023
proposal closed on March 6, 2023. We
received one supporting comment from
an anonymous source. No adverse
comment was received. Therefore, we
are finalizing this action as proposed.
II. Final Action
We are approving portions of a SIP
revision submitted to the EPA by the
State of Oklahoma on February 9, 2021.
Specifically, we are approving the
revisions to OAC 252:100, Subchapters
13 (Open Burning), 37 (Control of
Emission of Volatile Organic
Compounds (VOCs)), 39 (Emission of
Volatile Organic Compounds (VOCs) in
Nonattainment Areas and Former
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]]>Agencies
[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24916-24918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08527]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[EPA-R01-OAR-2022-0961, FRL-10562-02-R1]
Approval and Promulgation of Air Quality Implementation Plan;
Mohegan Tribe of Indians of Connecticut
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
amendments to the Mohegan Tribe of Indians of Connecticut (the Mohegan
Tribe, Mohegans, 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. 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) under the CAA on
December 26, 2006. The TIP revisions we are approving include
permitting requirements for minor sources of air pollution not covered
by the Tribe's existing federally approved NSR permitting program. The
purpose of the TIP revisions 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 new elements to
its federally enforceable preconstruction air permitting program.
DATES: This rule is effective on May 25, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2022-0961. 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.,
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 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: Madeline Isenberg, Air Permits,
Toxics, and Indoor Programs Branch, EPA Region 1, 5 Post Office Square
(Mail Code: MI-5), Boston, MA, 02109-3912, telephone number (617) 918-
1271, 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 Review
I. Background and Purpose
On February 13, 2023 (88 FR 2298), EPA published a notice of
proposed rulemaking (NPRM) for TIP revisions submitted by the Mohegan
Tribe of Indians of Connecticut for approval under section 110 of the
CAA. The TIP revisions address attainment and maintenance of the NAAQS
within the exterior boundaries of its reservation by establishing new
elements to its federally enforceable preconstruction air permitting
program.
The Mohegan Tribe of Indians of Connecticut is an Indian Tribe
federally recognized on March 7, 1994, by congressional legislation
(Pub. L. 103-377, October 19, 1994.). The Secretary of the Interior
recognizes the ``Mohegan Tribe of Connecticut'' (86 FR 7554, January
29, 2021). On May 4, 2005, the Mohegan Tribe of Indians of Connecticut
submitted a request that we find the Tribe eligible for TAS pursuant to
section 301(d)(2) of the CAA and title 42, part 49 of the Code of
Federal Regulations (CFR), for the purpose of implementing its CAA
permitting program. The Mohegans also submitted for EPA approval its
TIP on May 4, 2005.
The Tribe requested a TAS eligibility determination pursuant to the
CAA and the Tribal Authority Rule (``TAR'') for the purpose of
administering its TIP within reservation lands. The operative portion
of the Mohegan TIP was the Tribe's Area Wide NOX Emission
Limitation Regulation.
The Tribe formally submitted the applicable elements of its TIP
revision to EPA Region 1 on July 28, 2022.
The rationale for EPA's proposed approval of the Mohegan 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 one comment during the comment period, which supported
EPA's proposed action. As such, this comment does not require further
response to finalize the action as proposed. The comment is available
in the docket for this action.
III. Final Action
EPA is approving the Mohegan TIP revisions under the Clean Air Act
to regulate air pollution within the exterior boundaries of the Tribe's
reservation. The TIP revisions include the addition of a source
registration program for new and existing sources, a minor NSR
permitting program, and provisions to obtain a potential to emit limit
to render a source non-major for new and existing sources. The
revisions also outline a process by which the Mohegan Tribe can
establish permit by rules, and the Tribe has adopted one permit by rule
into its body of regulations for gasoline dispensing facilities as part
of these revisions.
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, the EPA is finalizing the incorporation by reference of the
Mohegan Tribe's Resolution No. 2022-31, which incorporates Article
XIII-A and establishes a minor NSR preconstruction permitting program
and allows for sources that would otherwise be major to take
restrictions on their potential to emit to below major source
thresholds, as described in the amendments to 40 CFR part 49 set forth
below. The 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
[[Page 24917]]
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the TIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the TIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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 a Tribe's
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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);
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. 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 June 26, 2023. 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, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 17, 2023.
David Cash,
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. Section 49.201 is amended by revising paragraph (c) to read as
follows:
Sec. 49.201 Identification of plan.
* * * * *
(c) EPA-approved regulations.
EPA-Approved Mohegan Tribe of Indians of Connecticut Regulations
----------------------------------------------------------------------------------------------------------------
Tribal
Tribal citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
Memorandum of Agreement.......... Memorandum of 12/26/06 11/14/07, 72 FR ...................
Agreement dated 63988.
December 26, 2006,
between the
Mohegan Tribe of
Indians of
Connecticut and
the U.S.
Environmental
Protection Agency
Region I.
Mohegan Tribal Resolution No. Approval of Amended 02/18/2009 09/29/09, 74 FR Mohegan Tribal
2009-28. Tribal Air Program 49327. Resolution 2009-28
Area Wide NOX includes the
Emission ``Area Wide NOX
Limitation Emission
Regulation. Limitation
Regulation.''
Mohegan Tribal Gaming Authority Confirmation and 2/18/2009 09/29/09, 74 FR ...................
Resolution MTGA 2009-07. Approval of 49327.
Amended Tribal Air
Program ``Area
Wide NOX Emission
Limitation
Regulation''.
[[Page 24918]]
Mohegan Tribal Resolution No. Article XIII-A. 04/06/2022 4/25/2023, [Insert The TIP revision
2022-31. Minor New Source Federal Register includes the
Review Program. citation]. addition of a
source
registration
program, a minor
NSR permitting
program,
provisions to
obtain a potential
to emit limit to
render a source
non-major, a
process by which
the Mohegan Tribe
can establish
permit by rules,
and a permit by
rule for gasoline
dispensing
facilities.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-08527 Filed 4-24-23; 8:45 am]
BILLING CODE 6560-50-P
