[Federal Register: September 16, 2005 (Volume 70, Number 179)]
[Rules and Regulations]
[Page 54638-54639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se05-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[R10-OAR-2005-TR-0001; FRL-7970-2]
Announcement of the Delegation of Partial Administrative
Authority for Implementation of Federal Implementation Plan for the Nez
Perce Reservation to the Nez Perce Tribe
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of authority; technical amendment.
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SUMMARY: This action announces that on June 27, 2005, EPA Region 10 and
the Nez Perce Tribe entered into a Partial Delegation of Administrative
Authority to carry out certain day-to-day activities associated with
administration of the Federal Implementation Plan for the Nez Perce
Reservation (Nez Perce FIP). A note of this partial delegation is being
added to the Nez Perce FIP.
DATES: This action is effective September 16, 2005. The date of
delegation can be found in the SUPPLEMENTARY INFORMATION section of
this document.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. R10-OAR-2005-TR-0001. The delegation agreement and other docket
materials are available electronically in EDOCKET, EPA's electronic
public docket and comment system, found at http://www.epa.gov/edocket,
or in hard copy from Steve Body at EPA Region 10, Office of Air, Waste
and Toxics (AWT-107), 1200 Sixth Avenue, Seattle, Washington 98101, or
via e-mail at body.steve@epa.gov. Additional information may also be
obtained from the Nez Perce Tribe by contacting Julie Simpson, Air
Quality Project Coordinator, Environmental Restoration and Waste
Management (ERWM), Nez Perce Tribe, P.O. Box 365, Lapwai, Idaho 82540.
FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206)
553-0782, e-mail address: body.steve@epa.gov, or the above EPA, Region
10 address.
SUPPLEMENTARY INFORMATION: The purpose of this action is to announce
that on June 27, 2005, EPA Region 10, delegated partial administrative
authority for implementation of certain provisions of the Nez Perce FIP
to the Nez Perce Tribe. See 40 CFR part 49, subpart M, section 10401
through 10430, as authorized by 40 CFR 49.122 of the Federal Air Rules
for Reservations, (FARR), 40 CFR part 49, subpart C.
I. Authority To Delegate
Federal regulation 40 CFR 49.122 provides EPA authority to delegate
to Indian tribes partial administrative authority to administer
provisions of the Federal Air Rules for Reservations (FARR), 40 CFR
part 49, subpart C. Tribes must submit a request to the Regional
Administrator that meets the requirements of 40 CFR 49.122.
II. Partial Delegation of Administrative Authority
On June 27, 2005, EPA entered into an ``Agreement for Partial
Delegation of the Federal Implementation Plan for the Nez Perce
Reservation by the United States Environmental Protection Agency,
Region 10, to the Nez Perce Tribe.'' The Delegation Agreement provides
authority for the Nez Perce Tribe to administer the following rules
that are part of the Federal Implementation Plan for the Nez Perce
Tribe of Idaho, 40 CFR 49.10401 through 49.10430: 49.10410(b) Section
49.124 Rule for limiting visible emissions; 49.10410(i) Section 49.131
General rule for open burning; 49.10410(j) Section 49.132 Rule for
general open burning permits; 49.10410(k) Section 49.133 Rule for
agricultural burning permits; 49.10410(l) Section 49.134 Rule for
forestry and silvicultural burning permits; and 49.10410(n) Section
49.137 Rule for air pollution episodes.
Section 553 of the Administrative Procedure Act, 5 U.S.C. 553
(b)(B), provides that, when an agency for good cause finds that notice
and public procedure are impracticable, unnecessary or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. EPA has determined that there is
good cause for making today's rule final without prior proposal and
opportunity for comment because EPA is merely informing the public of
partial delegation of administrative authority to the Nez Perce Tribe
and making a technical amendment to the Code of Federal Regulations
(CFR) by adding a note announcing the partial delegation. Thus, notice
and public procedure are unnecessary. EPA finds that this constitutes
good cause under 5 U.S.C. 553(b)(B).
Moreover, since today's action does not create any new regulatory
requirements, EPA finds that good cause exists to provide for an
immediate effective date pursuant to 5 U.S.C. 553(d)(3).
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 makes a technical amendment and gives notice of a partial
delegation of administrative authority. 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.). This rule does
[[Page 54639]]
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 6, 2000),
requires 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.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.'' Under section 5(b) of Executive
Order 13175, EPA may not issue a regulation that has tribal
implications, that imposes substantial direct compliance costs, and
that is not required by statute, unless the Federal government provides
the funds necessary to pay the direct compliance costs incurred by
tribal governments, or EPA consults with tribal officials early in the
process of developing the proposed regulation. Under section 5(c) of
Executive Order 13175, EPA may not issue a regulation that has tribal
implications and that preempts tribal law, unless the Agency consults
with tribal officials early in the process of developing the
regulation. EPA has concluded that this rule may have tribal
implications. EPA's action fulfills a requirement to publish a notice
announcing partial delegation of administrative authority to the Nez
Perce Tribe and noting the partial delegation in the CFR. However, it
will neither impose substantial direct compliance costs on tribal
governments, nor preempt tribal law. Thus, the requirements of sections
5(b) and 5(c) of the Executive Order do not apply to this rule.
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 technical amendment merely notes that partial
delegation of administrative authority to the Nez Perce Tribe is in
effect. This rule 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.
This action does not involve technical standards; thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 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. EPA will submit a report containing this rule 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 November 15, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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
Administrative practice and procedure, Air pollution control,
Indians, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: September 7, 2005.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 49--[Amended]
0
1. The authority citation for part 49 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart M--[Amended]
0
2. Section 49.10410 is amended by adding a note to the end of the
section to read as follows:
Sec. 49.10410 Federally-promulgated regulations and Federal
implementation plans.
* * * * *
Note to Sec. 49.10410: EPA entered into a Partial Delegation of
Administrative Authority Agreement with the Nez Perce Tribe on June 27,
2005 for the rules listed in paragraphs (b), (i), (j), (k), (l) and (n)
of this section.
[FR Doc. 05-18425 Filed 9-15-05; 8:45 am]
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