[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Rules and Regulations]
[Page 7823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03865]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R08-OAR-2019-0037; FRL-9990-08-Region 8]


Revision to 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: Notification of final action.

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SUMMARY: This document announces that the EPA Regional Administrator 
for Region 8 has revised the EPA's December 6, 2013 approval of an 
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 purposes of certain 
Clean Air Act provisions. This revision is in accordance with a 
decision of the United States Court of Appeals for the Tenth Circuit 
holding that a 1905 Congressional Act diminished the Wind River Indian 
Reservation.

DATES: The EPA's revision to the decision approving the Tribes' TAS 
application was issued and took effect on February 25, 2019.

ADDRESSES: You may review a copy of the EPA's revision to the December 
6, 2013 Wind River TAS decision, as well as copies of the original 
December 6, 2013 TAS Decision Document and associated attachments and 
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, the 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. The EPA has established a docket for this notice under 
Docket ID No. EPA-R08-OAR-2019-0037. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 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 through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information. These documents are also available electronically at: 
http://www2.epa.gov/region8/tribal-assistance-program.

FOR FURTHER INFORMATION CONTACT: Monica Morales, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6936, 
[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 
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 
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). On 
December 6, 2013, the EPA Region 8 Regional Administrator approved the 
Tribes' TAS application for purposes of administering the specified 
functions with respect to the Wind River Indian Reservation. See 78 FR 
76829 (December 19, 2013). As required by EPA regulations, the EPA's 
TAS decision included a determination of the geographic scope of the 
Tribes' Reservation. Several parties filed timely challenges to the 
geographic scope of the EPA's TAS decision in the United States Court 
of Appeals for the Tenth Circuit. Those challenges resulted in a final 
court decision holding that a 1905 Congressional Act (33 Stat. 1016 
(1905)) diminished the Wind River Indian Reservation. Wyoming v. EPA, 
875 F.3d 505 (10th Cir. 2017), cert. denied, 138 S. Ct. 2677 (2018). In 
accordance with that final judicial decision, on February 25, 2019, the 
EPA Region 8 Regional Administrator revised the geographic scope of the 
original TAS approval by excluding lands addressed in Article I of the 
1905 Act that have not been placed into trust status. This revision 
rendered the EPA's TAS approval consistent with the Tenth Circuit's 
decision.
    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 
revision to the TAS approval decision in the United States Court of 
Appeals for the appropriate circuit. Any petition for judicial review 
shall be filed within 60 days from the date this document appears in 
the Federal Register, i.e., not later than May 6, 2019.

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

    Dated: February 27, 2019.
Douglas Benevento,
Regional Administrator, EPA Region 8.
[FR Doc. 2019-03865 Filed 3-4-19; 8:45 am]
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