[Federal Register: April 3, 2008 (Volume 73, Number 65)]
[Rules and Regulations]
[Page 18161-18162]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap08-8]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[EPA-R10-OAR-2008-0130; FRL-8549-2]
Announcement of the Delegation of Partial Administrative
Authority for Implementation of Federal Implementation Plan for the
Quinault Reservation to the Quinault Indian Nation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of authority; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This action announces that on October 4, 2007, EPA Region 10,
and the Quinault Indian Nation, entered into a Partial Delegation of
Administrative Authority to carry out certain day-to-day activities
associated with implementation of the Federal Implementation Plan for
the Quinault Reservation (Quinault FIP). A note of this partial
delegation is being added to the Quinault FIP.
DATES: The technical amendment to 49 CFR 49.10590 is effective April 3,
2008. The partial delegation of administrative authority was effective
October 4, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2008-0130. The delegation agreement and other docket
materials are available electronically at EPA's electronic public
docket and comment system, found at www.regulations.gov or in hard copy
from Steve Body, Office of Air Waste and Toxics, AWT-107, EPA Region
10, Suite 900, 1200 Sixth Avenue, Seattle, WA 98101, or via e-mail at
body.steve@epa.gov. Additional information may also be obtained from
the Quinault Tribe by contacting Lisa Riener, Ouinault Indian Nation,
1214 Aslis St. Taholah, WA 98569 or via e-mail at LRIENER@quinault.org.
All documents in the electronic docket are listed in the
www.regulations.gov index. 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 either electronically in www.regulations.gov or
in hard copy during normal business hours at the Office of Air, Waste
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, Washington
98101.
FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number (206)
553-0782, e-mail address: body.steve@epa.gov, or the EPA Region 10
address.
SUPPLEMENTARY INFORMATION: The purpose of this action is to announce
that on October 4, 2007, EPA Region 10, delegated partial
administrative authority for implementation of certain provisions of
the Quinault FIP to the Quinault Indian Nation. See 40 CFR part 49,
subpart M, sections 10581 through 10590, 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 implement
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. Request for Delegation
On July 25, 2006, the President of the Quinault Indian Nation
submitted to the Regional Administrator a request for delegation of
certain provision of the Quinault FIP. That request included all the
information and demonstrations required by the FARR for delegation. A
copy of all documentation is on file at EPA Region 10, Seattle,
Washington (see ADDRESSES above).
The Quinault Indian Nation requested delegation for the following
provisions; 40 CFR 49.10590 (a) General provisions, 40 CFR 49.10586 (b)
Rule for limiting visible emissions, 40 CFR 49.10586 (g) General rule
for open burning, and 40 CFR 49.10586 (i) Rule for air pollution
episodes.
III. EPA Response to the Request for Delegation
EPA and the Quinault Indian Nation signed the Delegation Agreement
that specifies the provisions and authorities delegated. The Quinault
Indian Nation is delegated the following provisions; 40 CFR 49.10590
(a) General provisions, 40 CFR 49.10586 (b) Rule for limiting visible
emissions, 40 CFR 49.10586 (g) General rule for open burning, and 40
CFR 49.10586 (i) Rule for air pollution episodes. In addition, the
agreement delegates to the Tribe authority to investigate complaints
and assist EPA in inspections. The Agreement also includes terms and
conditions applicable to the delegation. A copy of the Agreement is
kept at EPA Region 10 at the address above.
EPA solicited by letter, advice and insight from the State of
Washington, Grays Harbor County, Jefferson County Olympic National
Park, and the Olympic National Forest on the Quinault request for
delegation. One comment supporting delegation was received.
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
Quinault Indian Nation 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).
IV. 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
[[Page 18162]]
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 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
Quinault Indian Nation 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 Quinault Indian Nation 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 June 2, 2008. 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
Environmental protection, Administrative practice and procedure,
Air pollution control, Indians, Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: March 14, 2008.
Elin D. Miller,
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 49.10590 is amended by adding a note to the end of the
section to read as follows:
Sec. 49.10590 Federally-promulgated regulations and Federal
implementation plans.
* * * * *
Note to Sec. 49.10590: EPA entered into a Partial Delegation of
Administrative Authority with the Quinault Indian Nation on October
4, 2007 for the rules listed in paragraphs (b), (g), and (i) of this
section.
[FR Doc. E8-6669 Filed 4-2-08; 8:45 am]
BILLING CODE 6560-50-P