[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Rules and Regulations]
[Pages 61740-61742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24428]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R10-OAR-2008-0498; FRL-8729-3]


Announcement of the Delegation of Partial Administrative 
Authority for Implementation of Federal Implementation Plan for the 
Coeur d'Alene Reservation to the Coeur d'Alene Tribe

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: This action announces that on August 26, 2008, EPA Region 10, 
and the Coeur d'Alene Tribe, 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 Coeur d'Alene Reservation (Coeur d'Alene FIP). A note of this 
partial delegation is being added to the Coeur d'Alene FIP.

DATES: This rule is effective October 17, 2008. The partial delegation 
of administrative authority was effective August 26, 2008.

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 http://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 [email protected]. Additional information may also be obtained 
from the Coeur d'Alene Tribe by contacting Les Higgins, Coeur d'Alene 
Tribe, P.O. Box 408, Plummer, Idaho, 83851-9703 or via e-mail at 
nsn.gov">lhiggins@cdatribe-nsn.gov.
    All documents in the electronic docket are listed in the http://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 http://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: [email protected], or the EPA Region 10 
address.

SUPPLEMENTARY INFORMATION: The purpose of this action is to announce 
that on August 26, 2008, EPA Region 10, delegated partial 
administrative authority for implementation of certain provisions of 
the Coeur d'Alene FIP to the Coeur d'Alene Tribe. See 40 CFR part 49, 
subpart M, Sec. Sec.  9921 through 9930, 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

[[Page 61741]]

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 October 4, 2007, Chief J. Allen, Chairman of the Coeur d'Alene 
Tribal Council submitted to the Regional Administrator a request for 
delegation of certain provision of the Coeur d'Alene 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 Coeur d'Alene Tribe requested delegation for the following 
provisions; 40 CFR 49.9930 (b) Rule for limiting visible emissions, 40 
CFR 49.9930 (g) General rule for open burning, and 40 CFR 49.9930 (i) 
Rule for air pollution episodes.

III. EPA Response to the Request for Delegation

    EPA and the Coeur d'Alene Tribe signed the Delegation Agreement 
that specifies the provisions and authorities delegated. The Coeur 
d'Alene Tribe is delegated the following provisions: 40 CFR 49.9930 (b) 
Rule for limiting visible emissions, 40 CFR 49.9930 (g) General rule 
for open burning, and 40 CFR 49.9930 (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 
Idaho, the State of Washington, Kootenai County, Benewah County, cities 
of St. Maries and Worley, and St. Joe National Forest on the Coeur 
d'Alene Tribe's request for delegation. In general the comments 
received supported delegation. Adverse comments were received from 
Kootenai and Benewah Counties. A response to those comments was 
prepared and is included in the docket for this action.
    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 Coeur d'Alene 
Tribe 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 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 Coeur 
d'Alene Tribe 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 Coeur d'Alene Tribe 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

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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 December 16, 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: September 22, 2008.
Michelle Pirzadeh,
Acting 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 49.9930 is amended by adding a note to the end of the 
section to read as follows:


Sec.  49.9930  Federally-promulgated regulations and Federal 
implementation plans.

* * * * *

    Note to Sec.  49.9930: EPA entered into a Partial Delegation of 
Administrative Authority with the Coeur d'Alene Tribe on August 26, 
2008 for the rules listed in paragraphs (b), (g), and (i) of this 
section.


[FR Doc. E8-24428 Filed 10-16-08; 8:45 am]
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