[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Notices]
[Page 29796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13841]



[[Page 29796]]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6989-2]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Clean Air Act Tribal Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: Clean Air Act Tribal 
Authority (OMB Control No. 2060-0306), expiring May 31, 2001. The ICR 
describes the nature of the information collection and its expected 
burden and cost; where appropriate, it includes the actual data 
collection instrument.

DATES: Comments must be submitted on or before July 2, 2001.

ADDRESSES: Send comments, referencing EPA ICR No. 1676.03 and OMB 
Control No. 2060-0306, to the following addresses: Sandy Farmer, U.S. 
Environmental Protection Agency, Collection Strategies Division (Mail 
Code 2822), 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001; 
and to Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th 
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION OR A COPY: Contact Sandy Farmer at EPA by phone 
at (202) 260-2740, by email at [email protected], or 
download off the Internet at http://www.epa.gov/icr and refer to EPA 
ICR No. 1676.02. For technical questions about the ICR contact Hollis 
Hope at EPA by phone at (202) 564-7434.

SUPPLEMENTARY INFORMATION:
    Title: Clean Air Act Tribal Authority (OMB Control No. 2060-0306 ; 
EPA ICR No. 1676.03.) expiring May 31, 2001. This is a request for an 
extension of the currently approved collection.
    Abstract: This ICR requests clearance of EPA's review and approval 
process for determining Tribal eligibility to carry out the Clean Air 
Act (CAA). Tribes may choose to submit a CAA eligibility determination 
and a CAA program application to EPA at the same time for approval and 
EPA will review both submittals simultaneously.
    The program regulation provides for Indian Tribes, if they so 
choose, to assume responsibility for the development and implementation 
of CAA programs. The regulation, Indian Tribes: Air Quality Planning 
and Management (the Tribal Authority Rule (TAR)), sets forth how Tribes 
may seek authority to implement their own air quality planning and 
management programs. The rule establishes: (1) Which CAA provisions 
Indian Tribes may seek authority to implement, (2) what requirements 
the Tribes must meet when seeking such authorization, and (3) what 
Federal financial assistance may be available to help Tribes establish 
and manage their air quality programs. The TAR provides Tribes the 
authority to administer air quality programs over all air resources, 
including non-Indian owned fee lands, within the exterior boundaries of 
a reservation and other areas over which the tribe can demonstrate 
jurisdiction. An Indian Tribe that takes responsibility for a CAA 
program would essentially be treated in the same way as a State would 
be treated for that program.
    To be eligible for delegation of CAA programs, an Indian Tribe must 
submit documentation showing they meet the following criteria: (1) Be 
recognized by the Federal government (CAA section 302(r)), (2) have an 
existing governing body, which carries out governmental duties (such as 
tax and police functions), (3) show that the management and protection 
of air resources applies within the exterior boundaries of the 
reservation or other areas within the Tribe's jurisdiction, and (4) be 
reasonably expected to be capable of implementing all applicable 
regulations.
    In evaluating a Tribe's demonstration of program implementation 
capability, EPA considers their management and technical skills by 
reviewing the following factors: (1) Tribe's previous management 
experience, (2) existing environmental or public health programs 
administered, (3) mechanism(s) in place for carrying out the executive, 
legislative and judicial functions of the Tribal government, (4) the 
relationship between regulated entities and regulating administrative 
agency, and (5) the technical and administrative capabilities of the 
staff. Tribes with limited management and technical skills can also 
submit a plan detailing steps for acquiring those skills.
    The TAR adopts EPA's ``streamlined'' eligibility review and 
approval process for Tribes to implement CAA programs. EPA will use 
this information to determine if a Tribe meets the statutory criteria 
under section 301(d) of the CAA and is qualified for purposes of 
implementing an Air Quality Program. Section 114 of the CAA is the 
authority for the collection of information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB Federal Register document 
required under 5 CFR 1320.8(d), soliciting comments on this collection 
of information was published on March 7, 2001; (66 FR 13724). No 
comments were received.
    Burden Statement: The annual public reporting and record keeping 
burden for this collection of information is estimated to average 40 
hours per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    Respondents/Affected Entities: All 561 federally recognized Tribes.
    Estimated Number of Respondents: 22.
    Frequency of Response: Once, at the time of application.
    Estimated Total Annual Hour Burden: 293.
    Estimated Total Annualized Capital, Operating/Maintenance Cost 
Burden: 0.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the addresses listed above. Please 
refer to EPA ICR No. 1676.03 and OMB Control No. 2060-0306 in any 
correspondence.

    Dated: May 2, 2001.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 01-13841 Filed 5-31-01; 8:45 am]
BILLING CODE 6560-50-P