[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

[[Page 12261]]

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

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);

[[Page 12262]]

     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 fedreg.legal@nara.gov, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Tribal
            Tribal citation                          Title/subject               effective date      EPA approval date              Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.''
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 12263]]

[FR Doc. 2021-03124 Filed 3-2-21; 8:45 am]
BILLING CODE 6560-50-P


