[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Notices]
[Pages 76829-76830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30248]
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ENVIRONMENTAL PROTECTION AGENCY
[R08-WR-2013-0007; FRL-9904-28-Region-8]
Approval of Application Submitted by Eastern Shoshone Tribe and
Northern Arapaho Tribe for Treatment in a Similar Manner as a State
Under the Clean Air Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: This notice announces that the EPA Regional Administrator for
Region 8 has approved the December 2008 application submitted by the
Northern Arapaho Tribe and Eastern Shoshone Tribe (Tribes) of the Wind
River Indian Reservation for treatment in a similar manner as a state
(TAS) pursuant to the Clean Air Act and the EPA's implementing
regulations for
[[Page 76830]]
purposes of certain Clean Air Act provisions. None of the provisions
for which the Tribes requested eligibility entails the exercise of
Tribal regulatory authority under the Clean Air Act.
DATES: EPA's decision approving the Tribes' TAS application was issued
and took effect on December 6, 2013.
ADDRESSES: You may review copies of the Wind River TAS Decision
Document, Attachment 1 (Legal Analysis of the Wind River Indian
Reservation Boundary), Attachment 2 (Capability Statement), and other
supporting information at the EPA Region 8 Office, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. If you wish to review the documents in
hard copy, EPA requests that you contact the individual listed below to
view these documents. You may view the hard copies of these documents
Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal
holidays. If you wish to examine these documents, you should make an
appointment at least 24 hours before the day of your visit.
Additionally, these documents are available electronically at: http://www2.epa.gov/region8/tribal-assistance-program.
FOR FURTHER INFORMATION CONTACT: Carl Daly, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129, (303) 312-6416, [email protected].
SUPPLEMENTARY INFORMATION: On December 17, 2008, as supplemented on
December 23, 2008, the Tribes submitted their TAS application as
authorized by Clean Air Act section 301(d) (42 U.S.C. 7601(d)) and
EPA's regulations at 40 CFR part 49. In their application, the Tribes
requested TAS eligibility for purposes of Clean Air Act provisions that
generally relate to grant funding (e.g., for air quality planning
purposes) (section 105 (42 U.S.C. 7405)); involvement in EPA national
ambient air quality redesignations for the Reservation (section
107(d)(3) (42 U.S.C. 7407(d)(3)); receiving notices of, reviewing, and/
or commenting on certain nearby permitting and sources (sections
505(a)(2) (42 U.S.C. 7661d(a)(2)) and 126 (42 U.S.C. 7426); receiving
risk management plans of certain stationary sources (section Sec.
112(r)(7)(B)(iii) (42 U.S.C. 7412(r)(7)(B)(iii)); and participation in
certain interstate and regional air quality bodies (sections 169B (42
U.S.C. 7492), 176A (42 U.S.C. 7506a) and 184 (42 U.S.C. 7511c). None of
the provisions for which the Tribes requested eligibility entails the
exercise of Tribal regulatory authority under the Clean Air Act. The
Tribes' TAS application thus does not request, and EPA's decision to
approve the application does not approve, Tribal authority to implement
any Clean Air Act regulatory programs or to otherwise implement Tribal
regulatory authority under the Clean Air Act.
In accordance with EPA's regulations, as part of its review
process, EPA notified all appropriate governmental entities and the
public of the Tribes' TAS application and in that notice specified the
geographic boundaries of the Wind River Indian Reservation as
identified in the Tribes' application. EPA afforded the appropriate
governmental entities and the public a period totaling 60 days to
provide written comments regarding any dispute concerning the boundary
of the Reservation. Several commenters disagreed with the Tribes'
Reservation boundary description, asserting that a 1905 Congressional
Act, 33 Stat. 1016 (1905) (1905 Act), altered and diminished the
Reservation boundary. Consistent with established TAS procedures, EPA
afforded the Tribes an opportunity to respond to comments received by
EPA on the Tribes' application and has previously made all comments
received and the Tribes' responses thereto available to the public. In
addition, because EPA was aware of existing disagreements regarding the
Reservation boundary, EPA exercised its discretion to consult with the
U.S. Department of the Interior (DOI), which has expertise on Indian
country issues. On October 26, 2011, EPA received an opinion from the
DOI Solicitor addressing the Reservation boundary.
On December 4, 2013, the Tribes sent EPA a letter requesting that
EPA not address at this time the lands subject to Section 1 of the 1953
Act, 67 Stat. 592 (1953), and stating that the Tribes would notify EPA
in writing if and when they decide to request an EPA decision with
respect to those lands.
EPA has carefully considered the application materials, the
comments received from appropriate governmental entities and the public
and the Tribes' responses to those comments, the opinion of the DOI
Solicitor, as well as other materials, relevant case law, applicable
statutory and regulatory provisions, and relevant EPA guidance.
EPA has determined that the Northern Arapaho and Eastern Shoshone
Tribes have met the requirements of CAA Sec. 301(d)(2) and 40 CFR 49.6
and are therefore approved to be treated in a similar manner as a state
for purposes of CAA Sec. Sec. 105, 505(a)(2), 107(d)(3),
112(r)(7)(B)(iii), 126, 169B, 176A, and 184. EPA's decision also
concludes that the boundaries of the Reservation encompass and include,
subject to the proviso below concerning the 1953 Act, the area set
forth in the 1868 Treaty of Fort Bridger, 15 Stat. 673 (1868), less
those areas conveyed by the Tribes under the 1874 Lander Purchase Act,
18 Stat. 291 (1874), and the 1897 Thermopolis Purchase Act, 30 Stat. 93
(1897), and including certain lands located outside the original
boundaries that were added to the Reservation under subsequent
legislation in 1940, 54 Stat. 628 (1940). With regard to the lands
subject to Section 1 of the 1953 Act, 67 Stat. 592 (1953), consistent
with the Tribes' request that EPA's TAS decision not address the lands
described in the 1953 Act at this time, the lands are not included in
the geographic scope of approval for this decision. EPA's TAS decision
therefore does not address the 1953 Act area. Thus, EPA approved the
Tribes' Application for Treatment in a Manner Similar to a State Under
the Clean Air Act for Purposes of Section 105 Grant Program, Affected
State Status and Other Provisions for Which No Separate Tribal Program
is Required.
A detailed explanation of EPA's approval of the Tribes' TAS
application is contained within the Decision Document and accompanying
attachments referred to in the ADDRESSES section of this notice and at
http://www2.epa.gov/region8/tribal-assistance-program.
Judicial Review: Pursuant to section 307(b)(1) of the Clean Air Act
(42 U.S.C. 7607(b)(1)), Petitioners may seek judicial review of this
approval in the United States Court of Appeals for the Tenth Circuit.
Any petition for judicial review shall be filed within 60 days from the
date this notice appears in the Federal Register, i.e., not later than
February 18, 2014.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 11, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
[FR Doc. 2013-30248 Filed 12-18-13; 8:45 am]
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