[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Rules and Regulations]
[Pages 12825-12826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05556]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R10-OAR-2015-0847; FRL-9943-54-Region 10]


Announcement of the Delegation of Partial Administrative 
Authority for Implementation of Federal Implementation Plan for the 
Confederated Tribes of the Colville Reservation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority; technical amendment.

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

SUMMARY: This action announces that on October 26, 2015, EPA Region 10 
and the Confederated Tribes of the Colville Reservation, entered into a 
Partial Delegation of Administrative Authority agreement to carry out 
certain day-to-day activities associated with implementation of the 
Federal Implementation Plan for the Colville Reservation (Colville 
FIP). A note of this partial delegation is being added to the Colville 
FIP in the Code of Federal Regulations.

DATES: This rule is effective March 11, 2016.
    The partial delegation of administrative authority was effective 
October 26, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2015-0847. The delegation agreement and other 
docket materials are available electronically at the EPA's electronic 
public docket and comment system, found at http://www.regulations.gov 
or in hard copy from Andra Bosneag, Office of Air, Waste and Toxics, 
AWT-150, EPA Region 10, Suite 900, 1200 Sixth Avenue, Seattle, WA 
98101, or via email at [email protected]. Additional information 
may also be obtained from the Colville Tribe by contacting Kris Ray, 
Confederated Tribes of the Colville Reservation, P.O. Box 150, 
Nespelem, WA 99155 or via email at [email protected].
    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 
the disclosure of which 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, WA 98101.

FOR FURTHER INFORMATION CONTACT: Andra Bosneag at (206) 553-1226, 
[email protected], or the EPA Region 10 address.

SUPPLEMENTARY INFORMATION: The purpose of this action is to announce 
that on October 26, 2015, EPA Region 10, delegated partial 
administrative authority for implementation of certain provisions of 
the Colville FIP to the Confederated Tribes of the Colville 
Reservation. See 40 CFR part 49, subpart M, sections 9951 through 9960, 
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 regulations at 40 CFR 49.122 provide the EPA authority to 
delegate to Indian Tribes partial administrative authority to implement 
provisions of the 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 May 21, 2014, Chaitna Sinha of the Office of the Reservation 
Attorney of the Confederated Tribes of the Colville Reservation 
submitted to the Regional Administrator a request for delegation of 
certain provision of the Colville FIP. That request included all the 
information and demonstrations required by the FARR for delegation. A 
copy of all documentation is on file at the EPA Region 10, Seattle, 
Washington office (see addresses above).
    The Confederated Tribes of the Colville Reservation requested 
delegation for the following provisions: 40 CFR 49.9960(b) Rule for 
limiting visible emissions, 40 CFR 49.9960(i) General rule for open 
burning, and 40 CFR 49.9960(k) Rule for air pollution episodes.

III. EPA Response to the Request for Delegation

    The EPA and the Confederated Tribes of the Colville Reservation 
signed a delegation agreement that specifies the provisions and 
authorities delegated. The Confederated Tribes of the Colville 
Reservation are delegated the following provisions; 40 CFR 49.9960(b) 
Rule for limiting visible emissions, 40 CFR 49.9960(i) General rule for 
open burning, and 40 CFR 49.9960(k) Rule for air pollution episodes. In 
addition, the agreement delegates to the Tribe authority to investigate 
complaints and assist the 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.
    Prior to entering into the Delegation Agreement, the EPA solicited 
by letter, advice and insight on the proposed delegation from Okanogan 
County, Ferry County, City of Okanogan, Town of Nespelem, Town of 
Coulee Dam, Electric City, City of Omak, Lake Roosevelt National 
Recreation Area, Bureau of Land Management, and the United States 
Forest Service. One comment supporting delegation was received.
    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. The EPA has determined 
that there is good cause for making today's rule final without prior 
proposal and opportunity for comment because the EPA is merely 
informing the public of partial delegation of administrative authority 
to the Confederated Tribes of the Colville Reservation 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. The 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, the 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 Orders 12866 (58 FR 51735, October 4, 1993) and 
13563 (76 FR 3821, January 21, 2011), this action

[[Page 12826]]

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 the 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, the 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 the EPA consults with tribal 
officials early in the process of developing the proposed regulation. 
Under section 5(c) of Executive Order 13175, the 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. The EPA has concluded that this rule may 
have tribal implications. The EPA's action fulfills a requirement to 
publish a notice announcing partial delegation of administrative 
authority to the Confederated Tribes of the Colville Reservation 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 Confederated Tribes of 
the Colville Reservation 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. The 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 May 10, 2016. 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: February 29, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 49--INDIAN COUNTRY; AIR QUALITY PLANNING AND MANAGEMENT

0
1. The authority citation for part 49 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart M--Implementation Plans for Tribes--Region X

0
2. Section 49.9960 is amended by adding a note to the end of the 
section to read as follows:


Sec.  49.9960  Federally-promulgated regulations and Federal 
implementation plans.

* * * * *

    Note to Sec.  49.9960: The EPA entered into a Partial Delegation 
of Administrative Authority with the Confederated Tribes of the 
Colville Reservation on October 26, 2015 for the rules listed in 
paragraphs (b), (i), and (k) of this section.

[FR Doc. 2016-05556 Filed 3-10-16; 8:45 am]
 BILLING CODE 6560-50-P