[Federal Register Volume 72, Number 219 (Wednesday, November 14, 2007)]
[Rules and Regulations]
[Pages 63988-63990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22221]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R01-OAR-2005-TR-0001; A-1-FRL-8491-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Mohegan Tribe of Indians of Connecticut

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a Tribal Implementation Plan (TIP) submitted 
by the Mohegan Tribe of Indians of Connecticut. The TIP establishes an 
enforceable cap on nitrogen oxide emissions from stationary sources 
owned by the Mohegan Tribal Gaming Authority and located within the 
external boundaries of the Mohegan Reservation. This action is intended 
to help attain the National Ambient Air Quality Standards (NAAQS) for 
ground-level ozone. This action is being taken in accordance with the 
Clean Air Act.

DATES: Effective Date: This rule is effective on December 14, 2007.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2005-TR-0001. All documents in the 
docket are listed on the www.regulations.gov Web site. 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 
through www.regulations.gov or in hard copy at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100, 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 to 4:30, excluding legal holidays.
    Copies of the documents relevant to this action are also available 
for public inspection during normal business hours, by appointment at 
the Mohegan Tribe, Mohegan Environmental Protection Department, 49 
Sandy Desert Road, Uncasville, CT 06382, telephone number (860) 862-
6112.

FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics 
and Indoor Air Unit, Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, One Congress 
Street, 11th floor, (CAP), Boston, MA 02114-2023, telephone number 
(617) 918-1653, fax number (617) 918-0653, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 6, 2007 (72 FR 51204) EPA published a Notice of 
Proposed Rulemaking (NPR) for the Mohegan Tribe of Indians of 
Connecticut.
    The NPR proposed approval of the Mohegan Tribal Implementation Plan 
(TIP) consisting of a tribal ordinance, entitled ``Area Wide 
NOX Emissions Limitation Regulation,'' that establishes a 
limit on nitrogen oxide (NOX) emissions from stationary 
sources owned by the Mohegan Tribal Gaming Authority and located within 
the external boundaries of the Mohegan Reservation. The formal TIP was 
submitted by Mohegan Tribe of Indians of Connecticut on May 4, 2005 and 
amended on August 22, 2007.
    Other specific requirements of the Tribal Implementation Plan and 
the rationale for EPA's proposed action are explained in the NPR and 
will not be restated here. No public comments were received on the NPR.

II. Final Action

    EPA is approving the Mohegan Tribal Implementation Plan that was 
submitted by the Mohegan Tribe of Indians of Connecticut on May 4, 
2005, and amended on August 22, 2007 for limiting NOX 
emissions from stationary sources owned by the Mohegan Tribal Gaming 
Authority to 49 TPY.

III. 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 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 approves tribal law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by tribal law. 
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.). Because 
this rule approves pre-existing requirements under tribal law and does 
not impose any additional enforceable duty beyond that required by 
tribal law, it 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).
    Since this rule simply approves pre-existing tribal law, it does 
not result in any direct costs or preemption of tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000). Nonetheless, 
EPA has consulted extensively with the Mohegan Tribe concerning this 
proposed TIP approval. 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), because it merely approves a tribal rule 
implementing a federal standard within the exterior boundaries of the 
Tribe's reservation,

[[Page 63989]]

and does not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. 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 approves a tribal rule implementing a Federal 
standard.
    In reviewing TIP submissions, EPA's role is to approve tribal 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
Tribe to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a TIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a TIP 
submission, to use VCS in place of a TIP submission that otherwise 
satisfies the provisions of the Clean Air Act. 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 January 14, 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, Incorporation by reference, Indians, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: October 25, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 49 of 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 D--Implementation Plans for Tribes-Region I

0
2. Subpart D of Part 49 is amended by adding an undesignated center 
heading and Sec.  49.201 as follows:
    Implementation Plan for the Mohegan Tribe of Indians, Connecticut.


Sec.  49.201  Identification of plan.

    (a) Purpose and scope. This section contains the implementation 
plan for the Mohegan Tribe of Indians, Connecticut. This plan consists 
of an area wide NOX emission limitation regulation submitted 
by the Mohegan Tribe on May 4, 2005, applicable to the reservation of 
The Mohegan Tribe of Indians of Connecticut.
    (b) Incorporation by reference. (1) Material listed in paragraph 
(c) of this section with an EPA approval date prior to November 14, 
2007, 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.
    (2) EPA Region I 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 November 14, 2007.
    (3) Copies of the materials incorporated by reference may be 
inspected at the New England Regional Office of EPA at One Congress 
Street, Suite 1100, Boston, MA 02114-2023; the U.S. Environmental 
Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket 
and Information Center, MC 2822T, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460 and the National Archives and Records 
Administration. For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) EPA-approved regulations.

                        EPA-Approved Mohegan Tribe of Indians of Connecticut Regulations
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                                                            Tribal
        Tribal citation               Title/subject       effective      EPA approval date       Explanations
                                                             date
----------------------------------------------------------------------------------------------------------------
Mohegan Tribal Ordinance 2005-   Area Wide NOX Emission     04/28/05  11/14/07 [Insert
 01.                              Limitation Regulation.               Federal Register page
                                                                       number where the
                                                                       document begins].
Mohegan Tribal Resolution 2005-  Amending Mohegan           05/23/05  11/14/07 [Insert
 19.                              Tribal Ordinance 2005-               Federal Register page
                                  01.                                  number where the
                                                                       document begins].
Mohegan Tribal Resolution 2007-  Amending Mohegan           08/22/07  11/14/07 [Insert
 28.                              Tribal Ordinance 2005-               Federal Register page
                                  01.                                  number where the
                                                                       document begins].
Mohegan Tribal Resolution 2005-  Approving the ``Area       04/28/05  11/14/07 [Insert
 17.                              Wide NOX Emission                    Federal Register page
                                  Limitation Regulation                number where the
                                  Tribal NOX                           document begins].
                                  Regulations.''.

[[Page 63990]]

 
Mohegan Tribal Resolution 2005-  Authorizing civil          04/28/05  11/14/07..............  [Insert Federal
 16.                              penalties up to                                              Register page
                                  $25,000 per violation.                                       number where the
                                                                                               document begins]
Memorandum of Agreement........   Memorandum of             12/26/06  11/14/07 [Insert
                                  Agreement dated                      Federal Register page
                                  December 26, 2006,                   number where the
                                  between the Mohegan                  document begins].
                                  Tribe of Indians of
                                  Connecticut and the
                                  U.S. Environmental
                                  Protection Agency
                                  Region I.
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[FR Doc. E7-22221 Filed 11-13-07; 8:45 am]
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