[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Pages 76829-76830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30248]



[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.


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.

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 
    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]