[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7718-7722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02724]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R08-OAR-2020-0742; FRL-9082-02-R8]


Approval and Promulgation of the Northern Cheyenne Tribe's Tribal 
Implementation Plan; Northern Cheyenne Tribe; Open Burning Permit 
Program and Maintenance of the National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a Tribal Implementation Plan (TIP) submitted 
by the Northern Cheyenne Tribe (Tribe) on September 25, 2017, as 
described in our February 26, 2021 proposal. The TIP includes ambient 
air quality standards and provisions for an open burning permit 
program, enforcement and appeals, and emergency authority. These 
provisions establish a base TIP that is suitable for the Northern 
Cheyenne Indian Reservation and four tribal trust parcels at issue 
(Reservation), is within the Tribe's regulatory capacities, and meets 
all applicable minimum requirements of the Clean Air Act (CAA or Act) 
and EPA regulations. The effect of this action is to make the approved 
TIP federally enforceable under the CAA and to further protect air 
quality on the Reservation.

[[Page 7719]]


DATES: This final rule is effective March 14, 2022. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of February 10, 2022.

ADDRESSES: EPA has established a docket for this action under EPA-R08-
OAR-2020-0742. Generally, documents in the docket for this action are 
available electronically at https://www.regulations.gov or in hard copy 
at EPA Region 8, 1595 Wynkoop Street, Denver, Colorado. While all 
documents in the docket are listed at https://www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps, multi-volume reports) and some 
may not be available in either location (e.g., confidential business 
information (CBI)). To inspect the hard copy materials, please schedule 
an appointment during normal business hours with the contact listed in 
the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kyle Olson, Air and Radiation 
Division, Environmental Protection Agency, Region 8 Office, Mailcode 
8ARD-TRM, 1595 Wynkoop Street, Denver, CO 80202-1129, telephone number: 
(303) 312-6002, email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we'', 
``us'', and ``our'' refer to EPA.

I. Summary of the Proposed Action

    The Tribe's Reservation is located in southeastern Montana and is 
adjacent to the Crow Indian Reservation and the State of Wyoming. On 
February 26, 2021, EPA proposed to approve a TIP submitted by the Tribe 
on September 27, 2017, as described in the proposal.\1\ The TIP 
includes ambient air quality standards and provisions for an open 
burning permit program, enforcement and appeals, and emergency 
authority. The TIP is a regulatory program comprised of the Northern 
Cheyenne Clean Air Act (NCCAA). We proposed to approve the NCCAA under 
sections 110 and 301 of the CAA, and the relevant implementing 
regulations, as discussed in this document and in our February 26, 2021 
proposal. These provisions establish a base TIP that is suitable for 
the Reservation, is within the Tribe's regulatory capacities, and meets 
all applicable minimum requirements of the CAA, the Tribal Authority 
Rule in 40 CFR part 49 (TAR), and other applicable CAA regulations.
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    \1\ 86 FR 11674 (Feb. 26, 2021).
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    For a more detailed description of the TIP, our evaluation of the 
TIP and supplemental information, and our rationale for our proposed 
action, please see the February 26, 2021 proposed rule, 86 FR 11674, 
which can be found in the docket for this action.

II. EPA's Response to Comments

    Our February 26, 2021 proposed rule provided for a 30-day comment 
period, which ended on March 29, 2021. We received nine public comment 
letters, each of which can be found in the docket for this action. 
Seven comments expressed general support for our proposed action and 
did not otherwise raise material issues that necessitate response. 
Here, we summarize and respond to significant comments.
    Commenter 0007: The commenter offered support for approval of the 
Northern Cheyenne TIP and support for implementation plans generally. 
In particular, the commenter described TIPs as positive for the tribes 
and an indication that enforcement of TIPs will be successful and 
thorough. The commenter also stated that exposure to dangerous air 
pollution is dwindling, which can be attributed, in no small part, to 
implementation plans. The commenter stated that regulating air 
pollution within the borders of the Reservation is an important step to 
making the country more proactive against climate change. The commenter 
further summarized other supportive comments.
    Nevertheless, the commenter stated that the industrial and 
manufacturing power plants that surround the Reservation have a major 
impact on the air quality of the Reservation, which is unfair to those 
who live on the Reservation but are not part of these industries. The 
commenter also identified ``drawbacks'' of TIPs--that TIPs focus on 
higher levels of air pollution as opposed to other smaller problems, 
and that TIPs require a lengthy administrative process, which does not 
lead to fast action to reverse the effects of climate change.
    Response: We appreciate the commenter's support for the approval of 
the Northern Cheyenne TIP and general support for the regulation of air 
pollution through TIPs. The administrative process for TIP approval is 
governed by CAA sections 110 and 301 and corresponding regulations.\2\ 
We explain elsewhere in this preamble that TIPs are not required to 
address each element under CAA section 110, but may instead include 
elements to address the specific air quality needs that a tribe has the 
capacity to manage. The commenter has not provided enough information 
regarding smaller air pollution problems that the commenter believes 
should be addressed in TIPs for us to respond further on that point.
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    \2\ See, for example, 40 CFR part 51, appendix V, and 40 CFR 
part 49, subpart A.
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    Additionally, while we understand and appreciate the commenter's 
concerns with respect to climate change and agree that climate change 
is an important environmental problem, the purpose of this action is 
not to address the problem of climate change, but rather to approve the 
Tribe's plan to regulate certain air pollutants emitted by open 
burning.\3\ Thus, consideration of climate change is outside the scope 
of our action. Likewise, the commenter's concerns regarding sources 
located outside the Reservation are also outside the scope of the 
action. The TIP applies within the exterior boundaries of the 
Reservation only. The Tribe is not required to address pollution from 
outside the Reservation in its submittal and EPA's task is to evaluate 
the program elements the Tribe has submitted. The commenter's concern 
with the administrative process for developing TIPs is also outside the 
scope of this action. We note that the process of having tribes decide 
when and how to develop TIPs gives tribes the authority over how to 
best protect air quality in Indian country, and the Northern Cheyenne 
Tribe fully supports approval of the TIP here.
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    \3\ 86 FR 11675.
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    Commenter 0009: The commenter offered support for the primary and 
secondary air quality standards established in the TIP, which are the 
same as EPA's national ambient air quality standards (NAAQS). However, 
the commenter stated that the TIP did not include ``any protocols the 
Northern Cheyenne Tribe plans to implement to reach attainment.'' \4\ 
The commenter further asserted that CAA section 110(a)(2) requires that 
TIPs include control measures, means or techniques, and a monitoring 
program by which the Tribe will attain the standards, and that the TIP 
lacks these mechanisms.
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    \4\ Comment 0009 at page 1. The commenter cites CAA section 107, 
but that provision is not at issue in this rulemaking. As stated in 
the preamble to the proposed rule, EPA is taking this action 
pursuant to CAA sections 110(o), 110(k)(3), and 301(d). CAA section 
110(o) requires that EPA review TIPs in accordance with CAA section 
110 except as otherwise provided by regulation or CAA section 
301(d)(2). Accordingly, we have reviewed the TIP under CAA section 
110 as applicable to TIPs. See 40 CFR 49.9(h).
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    Response: As an initial matter, the TIP does include measures to 
improve air quality, including, significantly, an

[[Page 7720]]

open burning permit program.\5\ However, the commenter is correct that 
the TIP does not include all elements listed in CAA section 110 for the 
implementation, maintenance, and enforcement of the air quality 
standards. Under the TAR, eligible Indian tribes have the flexibility 
to include in a TIP only those implementation plan elements that 
address their specific air quality needs and that they have the 
capacity to manage. Under this modular approach, the TIP elements that 
the tribe adopts must be ``reasonably severable'' from the package of 
elements that can be included in a whole TIP.\6\ As provided in the 
TAR, ``reasonably severable'' means that the parts or elements selected 
for the TIP are not integrally related to parts not included in the 
TIP, and are consistent with applicable CAA and regulatory 
requirements.\7\ Thus, TIPs are significantly different than state 
implementation plans because, while the Act requires states to prepare 
an implementation plan that meets all of the requirements of CAA 
section 110, an Indian tribe may adopt TIP provisions that address only 
some elements of CAA section 110.\8\
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    \5\ In addition, contrary to the commenter's assumption about 
the lack of a monitoring program, the Tribe has, for decades, 
operated an air quality monitoring program. Northern Cheyenne 
Tribe's Application for Treatment as a State Under the Clean Air Act 
(Northern Cheyenne TAS/TIP Application), September 20, 2017, at 6-7.
    \6\ 40 CFR 49.7(c).
    \7\ Id.
    \8\ Id. See also 42 U.S.C. 7410(o) (providing that EPA reviews 
TIPs in accordance with CAA section 110, except as provided by 
regulations under CAA section 301(d)(2), including 40 CFR 49.7(c)).
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    EPA retains its general authority to directly implement CAA 
requirements in Indian country as necessary or appropriate to protect 
tribal air resources.\9\ Thus, where a tribe chooses not to adopt a CAA 
program or adopts only a partial program, EPA may exercise its 
authority to issue such regulations as are necessary or appropriate to 
protect tribal air resources. This type of joint management allows 
tribes to focus on their specific air quality needs while ensuring 
adequate protection of tribal air resources.
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    \9\ See 42 U.S.C. 7601(a), (d)(4); 40 CFR 49.11; 59 FR 43956, 
43958-61 (August 25, 1994) (proposed TAR preamble explaining EPA's 
CAA authorities in Indian country); 63 FR 7254, 7262-64 (Feb. 12, 
1998) (final TAR preamble).
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    At this time, the Northern Cheyenne Tribe opted to include in its 
TIP certain limited measures--an open burning permit program and 
related enforcement authority. This program and enforcement authority 
are severable from other CAA program elements because they do not 
depend on the inclusion of and are not integrally related to any other 
program elements. Additionally, as discussed further below, EPA has 
reviewed the open burning permit program and concluded that it supports 
the implementation, maintenance, and enforcement of the air quality 
standards. The open burning program is designed, in part, to control 
particulate matter emissions. Moreover, EPA has reviewed the 
enforcement authority included in the TIP and determined that it is 
sufficient to ensure enforcement of the NCCAA. Likewise, through the 
Tribe's treatment in a similar manner as a state (TAS) application, the 
Tribe has demonstrated that it is capable of implementing the open 
burning permit program and enforcement authorities.\10\
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    \10\ Letter dated June 22, 2020, from Gregory Sopkin, Region 8 
Regional Administrator, to President Rynalea Whiteman Pena, Northern 
Cheyenne Tribe, Subject: ``Approval of Northern Cheyenne Tribe 
Application for Treatment in a Similar Manner under the Clean Air 
Act,'' at 8-9.
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    Commenter 0009: The commenter also criticized the TIP's open 
burning program as inefficient and unduly burdensome. In particular, 
the commenter raised concerns that requiring a permittee to apply for a 
permit with the Tribe's Air Quality Administrator and wait for 
consultation with the Bureau of Indian Affairs and other agency 
personnel is inefficient. The commenter also stated that the burden 
placed on the Air Quality Administrator and Northern Cheyenne Tribal 
Court for ``minute violations'' is impractical and unnecessary. The 
commenter also stated that the size of the penalty for violations is 
too hefty, claiming that violations of the open burning program would 
subject individuals ``to at least a five thousand dollar fine.'' 
Furthermore, the commenter stated that there is no basis in the 
proposed rule for the finding that there is no information collection 
burden under the Paperwork Reduction Act. Finally, the commenter stated 
that the TIP lacks any statistics proving that the open burning that is 
the subject of the permitting program is any different from other 
burning not covered by the program. The commenter recommended that the 
Northern Cheyenne Tribe reconsider the open burn limits and exceptions, 
and initiate a simpler reporting and filing program, such as on-site 
permitting or virtual permitting.
    Response: Under the TIP process, tribes decide how to structure 
permitting and enforcement programs submitted for approval in a TIP. 
This gives tribes the flexibility to balance the protection of tribal 
air quality and the administrative process involved in doing so. EPA 
supports tribal decisions on how best to protect tribal air quality, 
and the CAA does not condition a TIP's approval on its administrative 
efficiency or require that a tribe justify open burning limitations 
with statistics. EPA supports tribes implementing open burning permit 
programs to support air quality on reservations.\11\
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    \11\ See, e.g., 76 FR 69618 (December 10, 2007) (EPA approval of 
the St. Regis Mohawk Tribe's TIP); 79 FR 69763 (November 24, 2014) 
(EPA approval of the Swinomish Indian Tribal Community's TIP); EPA, 
``Developing a Tribal Implementation Plan,'' September 2018, pages 
26-27, available at https://www.epa.gov/sites/default/files/2018-09/documents/developing_a_tribal_implementation_plan_sept._2018_1.pdf.
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    Here, the Tribe considered the level of administrative process to 
include in the TIP. EPA disagrees that the Northern Cheyenne Tribe's 
process is inefficient or will be problematic in practice. The Tribe 
indicates that it is already successfully implementing this process 
under tribal law,\12\ and the program is similar to open burning 
programs that other tribes administer as part of approved TIPs and 
Federal Implementation Plans.\13\ Concerning the commenter's assertion 
that violations of the open burning program would lead to excessive 
penalties, it is not accurate that a violator will be subject to at 
least a five thousand dollar fine. The NCCAA authorizes the Air Quality 
Administrator to fine violators ``up to $5,000 per day for each 
violation[,]'' \14\ and the Air Quality Administrator has the 
enforcement discretion to assess penalties below that maximum. EPA does 
not agree that this TIP should be disapproved because of concerns about 
the level of possible fines for violations.
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    \12\ Northern Cheyenne TAS/TIP Application at 7.
    \13\ Precedent for tribes to use minor source permitting 
programs to protect air quality includes the Gila River Open Burning 
Minor New Source Review Permit Program (75 FR 48880 (August 12, 
2010) and the Nez Perce's Agricultural Open Burning Permit Program 
(70 FR 18074 (April 8, 2005)).
    \14\ NCCAA section 3.2(1) (emphasis added).
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    EPA disagrees with the commenter's assertion that EPA's approval of 
the TIP will result in a ``burden placed on the collection of 
information under the Paperwork Reduction Act.'' \15\ Broadly, the 
Paperwork Reduction Act provides for certain procedures relating to the 
``collection of information'' by or for an agency, generally limited to 
identical questions posed to or identical reporting or recordkeeping 
requirements imposed on ten or more persons.\16\ The information-
related requirements of the NCCAA already exist as a matter of tribal 
law. EPA is not using identical

[[Page 7721]]

questions to collect information from or imposing identical reporting 
or recordkeeping requirements on 10 or more persons as part of this 
action. This action does not impose information collection burdens 
prohibited by or contrary to the Paperwork Reduction Act.
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    \15\ Comment 0009 at page 3.
    \16\ See 44 U.S.C. 3502(3)(A).
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III. Final Action

    Under CAA sections 110(o), 110(k)(3) and 301(d), and the TAR, EPA 
is approving the TIP submitted by the Tribe on September 25, 2017, as 
described in our February 26, 2021 proposal (86 FR 11674). For the 
reasons set forth in this document and in the February 26, 2021 
proposed rule, we conclude that the TIP meets the applicable 
requirements of the CAA and EPA's implementing regulations.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with the 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference the TIP amendments described in section III of this preamble. 
The EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region 8 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information). Therefore, 
these materials have been approved by the EPA for inclusion in the TIP, 
have been incorporated by reference by the EPA into that plan, and are 
fully federally enforceable under section 110 and 113 of the CAA as of 
the effective date of the final rulemaking of the EPA's approval.

V. 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 
approves laws of an eligible Indian tribe 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).
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (59 FR 22951, November 9, 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.'' EPA has concluded that this 
rule will have tribal implications in that it will have substantial 
direct effects on the Tribe. However, it will neither impose 
substantial direct compliance costs on tribal governments, nor preempt 
tribal law. EPA is approving the Tribe's TIP at the request of the 
Tribe. Tribal law will not be preempted as the Tribe has already 
incorporated the TIP into Tribal Law on December 7, 2016. The Tribe has 
applied for, and fully supports, the approval of the TIP. This approval 
makes the TIP federally enforceable.
    EPA worked and consulted with officials of the Tribe early in the 
process of developing these regulations. During the TAS eligibility 
process, the Tribe and EPA worked together to ensure that the 
appropriate information was submitted to EPA. The Tribe and EPA also 
worked together throughout the process of development and Tribal 
adoption of the TIP. The Tribe and EPA also entered into a criminal 
enforcement Memorandum of Agreement (MOA) during the TAS process, per 
40 CFR 49.8.
    This action 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 action approves Tribal rules implementing a TIP over areas within 
the exterior boundaries of the Tribe's Reservation, and does not alter 
the relationship or the distribution of power and responsibilities 
established in the CAA.
    Executive Order 12898 establishes Federal executive policy on 
environmental justice.\17\ Its main provision directs Federal agencies, 
to the greatest extent practicable and permitted by law, to make 
environmental justice part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States. EPA's objective in approving the TIP is to support the 
Tribe's efforts to protect the communities on the Reservation, where 
open burning operations and seasonal wildfires have been shown to 
contribute to exceedances of the particulate matter NAAQS. The impacts 
of this final rule are expected to be beneficial, rather than adverse, 
and its benefits are expected to accrue to communities on the 
Reservation.
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    \17\ 59 FR 7629 (February 16, 1994).
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    In reviewing TIP submissions, EPA's role is to approve an eligible 
tribe's submission, provided that it meets the criteria of the CAA. 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 provision that otherwise 
satisfies the requirements of the CAA. Thus, the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272) 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.). This action 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.
    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 action 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).

[[Page 7722]]

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 11, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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, Indians--
law, Indians--tribal government, Intergovernmental relations, Reporting 
and recordkeeping requirements.

    Dated: February 4, 2022.
KC Becker,
Regional Administrator, Region 8.

    Part 49 of 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 K--Implementation Plans for Tribes--Region VIII

0
2. Add an undesignated center heading and Sec.  49.4200 to read as 
follows:

Implementation Plan for the Northern Cheyenne Tribe


Sec.  49.4200  Identification of plan.

    (a) Purpose and scope. This section contains the approved 
implementation plan for the Northern Cheyenne Tribe, submitted to EPA 
on September 25, 2017. The plan consists of programs and procedures 
that cover general and emergency authorities, ambient air quality 
standards, permitting requirements for open burning, general 
prohibitory rules, open burning limitations, enforcement authorities, 
and procedures for administrative appeals and judicial review in Tribal 
court.
    (b) Incorporation by reference. (1) Material listed in paragraph 
(c) of this section 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 8 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.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 8 Office of EPA at 1595 Wynkoop Street, Denver, 
CO 80202 or call 303-312-6002; 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 or call 202-566-1742; and the National Archives and Records 
Administration. For information on the availability of this material at 
NARA, email [email protected], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. Copies of the Northern 
Cheyenne TIP regulations we have approved are also available at http://www.epa.gov/region8/air/sip.html.
    (c) EPA-approved regulations.

                                                                Table 1 to Paragraph (c)
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           Tribal citation                  Title/subject            Tribal effective date           EPA approval date               Explanations
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Northern Cheyenne Tribe, Northern     Entirety.................  December 20, 2016...........  February 10, 2022...........  The Tribal effective date
 Cheyenne Clean Air Act Tribal                                                                                                is based on the date the
 Implementation Plan.                                                                                                         Bureau of Indian Affairs
                                                                                                                              (BIA) Superintendent of
                                                                                                                              the Northern Cheyenne
                                                                                                                              Agency approved the
                                                                                                                              Tribe's Ordinance No. DOI-
                                                                                                                              008 (2017) adopting the
                                                                                                                              Northern Cheyenne Clean
                                                                                                                              Air Act.
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[FR Doc. 2022-02724 Filed 2-9-22; 8:45 am]
BILLING CODE 6560-50-P