[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Proposed Rules]
[Pages 40663-40664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16328]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60, 61, and 63

[EPA-R08-OAR-2012-0764; FRL-9828-5]


Delegation of Authority to the Southern Ute Indian Tribe To 
Implement and Enforce National Emissions Standards for Hazardous Air 
Pollutants and New Source Performance Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is taking final action to approve the Southern Ute Indian 
Tribe's (SUIT) July 3, 2012 request for delegation of authority to 
implement and enforce National Emissions Standards for Hazardous Air 
Pollutants (NESHAP) and New Source Performance Standards (NSPS). This 
request establishes and requires SUIT to administer a NSPS and NESHAPs 
program per EPA regulations. The delegation is facilitated by SUIT's 
treatment ``in the same manner as a state'' (TAS) document, per CAA 
requirements.

DATES: Written comments must be received on or before August 7, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0764, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: olson.kyle@epa.gov.
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Carl Daly, Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding 
Federal holidays. Special arrangements should be made for deliveries of 
boxed information.
    Please see the direct final rule which is located in the Rules 
Section of this Federal Register for detailed instruction on how to 
submit comments.

FOR FURTHER INFORMATION CONTACT: Kyle Olson, Air Program, Mailcode 8P-
AR, U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6002 or 
olson.kyle@epa.gov.

SUPPLEMENTARY INFORMATION: EPA is taking final action approving 
Southern Ute Indian Tribe's (SUIT) July 3, 2012 request for delegation 
of authority to implement and enforce National Emissions Standards for 
Hazardous Air Pollutants (NESHAP) and New Source Performance Standards 
(NSPS). This request establishes and requires SUIT to administer a NSPS 
and NESHAPs program per EPA regulations. SUIT met the requirements of 
Clean Air Act (CAA) sections 111(c) and 112(l) and 40 CFR Subpart E for 
full approval to administer CAA 111 and CAA 112 programs entirely due 
to its prior approval of its CAA Title V Part 70 Permitting Program. 
The delegation is facilitated by SUIT's treatment ``in the same manner 
as a state'' (TAS) document, per CAA section 301(d)(2). This action is 
being taken under section 111 and 112 of the CAA.
    In the ``Rules and Regulations'' section of this Federal Register, 
EPA is approving the delegation as a direct final rule without prior 
proposal because the Agency views this as a noncontroversial delegation 
and anticipates no adverse comments. A detailed rationale for the 
approval is set forth in the preamble to the direct final rule. If EPA 
receives no adverse comments, EPA will not take further action on this 
proposed rule. If EPA receives adverse comments, EPA will withdraw the 
direct final rule and it will not take effect. EPA will address all 
public comments in a subsequent final rule based on this proposed rule. 
EPA will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time. Please note 
that if EPA receives adverse comment on an amendment, paragraph, or 
section of this rule and if that provision may be severed from the 
remainder of the rule, EPA may adopt as final those provisions of the 
rule that are not the subject of an adverse comment. See the 
information provided in the direct final action of the same title which 
is located in the Rules and Regulations Section of this Federal 
Register.

    Authority: 42 U.S.C. 7401 et seq.


[[Page 40664]]


    Dated: May 30, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2013-16328 Filed 7-5-13; 8:45 am]
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