
[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
