[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Rules and Regulations]
[Pages 65212-65214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17625]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R08-OAR-2024-0194; FRL-11993-01-R8]


Announcement of the Delegation of Partial Administrative 
Authority for the Southern Ute Indian Reservation to the Southern Ute 
Indian Tribe for Implementation of the Clean Air Act Federal Minor New 
Source Review Program in Indian Country and the Indian Country Minor 
Source Oil and Gas Federal Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of delegation of authority; technical 
amendment.

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SUMMARY: The Environmental Protection Agency (EPA) is taking action to 
announce that on June 11, 2024, EPA Region 8 and the Southern Ute 
Indian Tribe (SUIT) entered into an Agreement for Delegation of Partial 
Administrative Authority to assist the EPA in administering the 
following two federal Clean Air Act (CAA) programs within the SUIT 
Reservation: the Federal Minor New Source Review Program in Indian 
country (EPA Indian country MNSR Program) and the Federal 
Implementation Plan for Managing Air Emissions from True Minor Sources 
in Indian Country in the Oil and Natural Gas Production and Oil and 
Natural Gas Processing Segments of the Oil and Natural Gas Sector (EPA 
Indian country Minor Source Oil and Gas FIP). Notice of this partial 
delegation is being added to the Code of Federal Regulations (CFR). The 
EPA is taking this action pursuant to the CAA.

DATES: The delegation was effective on June 11, 2024. The amendments to 
the CFR made by this rulemaking are effective on September 9, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2024-0194. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (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 https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Kyle Olson, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, telephone number: (303) 312-6002, email address: 
[email protected]. Additional information may also be obtained from 
the SUIT by contacting Danny Powers, Southern Ute Indian Tribe Air 
Quality Division Head, P.O. Box 737 MS#84, Ignacio, Colorado 81137.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.
    The purpose of this action is to announce, pursuant to 40 CFR 
49.161 and 40 CFR 49.103, that on June 11, 2024, EPA Region 8 delegated 
partial administrative authority to the SUIT, limited to the area of 
the SUIT Reservation, to assist the EPA in administering the following 
two federal CAA programs: (1) the EPA Indian country MNSR Program, and 
(2) the EPA Indian country Minor Source Oil and Gas FIP.

I. Authority To Delegate

    Pursuant to 40 CFR 49.161, the EPA may partially delegate to a 
Tribe the authority to assist the EPA in administering the EPA Indian 
country MNSR Program. Pursuant to 40 CFR 49.103, the EPA may delegate 
to a Tribe the authority to assist the EPA in administering the EPA 
Indian country Minor Source Oil and Gas FIP. To obtain delegation, a 
Tribe must submit a request to the relevant EPA Regional Administrator 
that meets the requirements of 40 CFR 49.161(b)(1)(i) through (iv) and 
40 CFR 49.103(b)(1) through (3). EPA Region 8 determined that the 
SUIT's request for delegation satisfied those requirements.

II. Partial Delegation of Administrative Authority

    On June 11th, 2024, EPA entered into an ``Agreement for Delegation 
of Partial Administrative Authority of Certain Federal Clean Air Act 
Indian Country Programs to the Southern Ute Indian Tribe by the United 
States Environmental Protection Agency.'' The Delegation Agreement 
provides authority for the SUIT to assist EPA in administering the 
following rules that are part of the EPA Indian country MNSR Program 
and the EPA Indian country Minor Source Oil and Gas FIP, with the 
exception of enforcement of those rules. For the EPA Indian country 
MNSR Program: 40 CFR 49.151 (Program Overview, including serving

[[Page 65213]]

as the reviewing authority, receiving, processing, and issuing or 
denying permits); 40 CFR 49.154 (Permit application requirements); 40 
CFR 49.155 (Permit requirements); 40 CFR 49.156 (General permits and 
permits by rule); 40 CFR 49.157 (Public participation requirements); 
49.158 (Synthetic minor source permits); 40 CFR 49.159 (Final permit 
issuance and administrative and judicial review); 49.160 (Registration 
program for minor sources in Indian country); 40 CFR 49.162 (Air 
quality permit by rule for new or modified true minor source auto body 
repair and miscellaneous surface coating operations in Indian country); 
40 CFR 49.163 (Air quality permit by rule for new or modified true 
minor source petroleum dry cleaning facilities in Indian country); and 
40 CFR 49.164 (Air quality permit by rule for new or modified true 
minor source gasoline dispensing facilities in Indian country). For the 
EPA Indian country Minor Source Oil and Gas FIP: 40 CFR 49.104 
(Requirements regarding threatened or endangered species and historic 
properties) and 40 CFR 49.105 (Requirements, including conducting 
inspections for compliance with the requirements of this provision).
    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 
SUIT and making a technical amendment to the CFR by adding a note 
announcing the partial delegation, as directed by 40 CFR 49.161 and 40 
CFR 49.103. Thus, notice and public procedure are unnecessary. EPA 
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).
    Moreover, since this 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).

III. How can I get copies of this document and other related 
information?

    Docket: EPA has established a docket for this action under Docket 
ID No. EPA-R08-OAR-2024-0194. Publicly available docket materials are 
available either electronically through https://www.regulations.gov or 
in hard copy at the EPA Docket Center, WJC West Building, Room 3334, 
1301 Constitution Ave. NW, Washington, DC. The docket Center's hours of 
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal 
Holidays). For further information on the EPA Docket Center services 
and the current status, see https://www.epa.gov/dockets.
    Electronic access: You may access this Federal Register document 
electronically from https://www.federalregister.gov/documents/current. 
The delegation agreement and other docket materials are available 
electronically in EDOCKET, EPA's electronic public docket and comment 
system, found at https://www.regulations.gov.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866, as amended by Executive Order 14094, and was 
therefore not subject to a requirement for Executive Order 12866 
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. The PRA applies to federally-mandated collection of 
information directed to 10 or more people, but the information 
collection required under the delegation agreement applies only to the 
SUIT.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
merely makes a technical amendment to the CFR and gives notice of a 
partial delegation of administrative authority. This action does not 
alter regulatory requirements that apply to small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The costs involved in this action are imposed only 
by participation in a voluntary federal program. UMRA generally 
excludes from the definition of ``federal intergovernmental mandate'' 
duties that arise from participation in a voluntary federal program.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. The SUIT voluntarily 
requested the partial delegation addressed in this action, and this 
action fulfills a requirement to publish a document announcing the 
partial delegation of authority to the SUIT to implement certain 
federal CAA programs and to identify the partial delegation in the CFR.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory action'' in section 2-202 of 
the Executive Order.
    Therefore, this action is not subject to Executive Order 13045 
because it fulfills a requirement to publish a notice announcing the 
partial delegation of authority to the SUIT to implement certain 
federal CAA programs and to identify the partial delegation in the CFR. 
This action does not alter or create new health or safety-based federal 
standards.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

[[Page 65214]]

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards, in that it 
does not alter or create any new technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and 
Executive Order 14096: Revitalizing Our Nation's Commitment to 
Environmental Justice for All

    The EPA believes that the human health or environmental conditions 
that exist prior to this action result in or have the potential to 
result in disproportionate and adverse human health or environmental 
effects on communities with environmental justice concerns. The minor 
sources on the SUIT Reservation subject to the two CAA programs 
partially delegated to the SUIT were not previously under a regular 
compliance monitoring schedule under the CAA, potentially resulting in 
instances of noncompliance from uncontrolled emissions. Any 
uncontrolled emissions could have the potential to result in 
disproportionate and adverse human health or environmental effects on 
communities with environmental justice concerns in the SUIT 
Reservation.
    The EPA believes that this action is likely to reduce existing 
disproportionate and adverse effects on communities with environmental 
justice concerns. This delegation levels the playing field, by ensuring 
that minor sources on the SUIT Reservation are inspected for compliance 
with CAA regulations similarly to those sources off the SUIT 
Reservation. This should reduce any noncompliance and unpermitted air 
pollution emissions that may exist on the SUIT Reservation, and 
therefore reduce any disproportionate and adverse effects associated 
with those emissions that could affect communities with environmental 
justice concerns in the SUIT Reservation.
    The EPA identified and addressed environmental justice concerns by 
responding to the Tribe's identification of a potential gap in 
regulatory oversight of minor source air emissions, and the Tribe's 
willingness to assist the EPA in administering the two CAA minor source 
programs.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and comment rulemaking procedures are 
impracticable, unnecessary or contrary to the public interest (5 U.S.C. 
808(2)). The EPA has made a good cause finding for this rule as 
discussed in section II. of this preamble, including the basis for that 
finding.

V. Judicial Review

    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 October 8, 2024. 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, Indians, Intergovernmental relations, Reporting 
and recordkeeping requirements.

    Dated: August 4, 2024.
KC Becker,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, EPA is amending 40 CFR 
part 49 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 C--General Federal Implementation Plan Provisions

0
2. Section 49.103 is amended by adding a note to the end of the section 
to read as follows:


Sec.  49.103  Delegation of authority of administration to Indian 
tribes.

* * * * *

Note to Sec.  49.103:
    EPA entered into an Agreement for Delegation of Partial 
Administrative Authority with the Southern Ute Indian Tribe on June 11, 
2024 to assist the EPA in administering (1) the Federal Minor New 
Source Review Program in Indian country, 40 CFR part 49, subpart C, 
Sec. Sec.  49.151 through 49.164, and (2) the Federal Implementation 
Plan for Managing Air Emissions from True Minor Sources in Indian 
Country in the Oil and Natural Gas Production and Oil and Natural Gas 
Processing Segments of the Oil and Natural Gas Sector, 40 CFR part 49, 
subpart C, Sec. Sec.  49.101 through 49.105.

0
3. Section 49.161 is amended by adding a note to the end of the section 
to read as follows:


Sec.  49.161  Administration and delegation of the minor NSR program in 
Indian country.

* * * * *

Note to Sec.  49.161:
    EPA entered into an Agreement for Delegation of Partial 
Administrative Authority with the Southern Ute Indian Tribe on June 11, 
2024 to assist the EPA in administering (1) the Federal Minor New 
Source Review Program in Indian country, 40 CFR part 49, subpart C, 
Sec. Sec.  49.151 through 49.164, and (2) the Federal Implementation 
Plan for Managing Air Emissions from True Minor Sources in Indian 
Country in the Oil and Natural Gas Production and Oil and Natural Gas 
Processing Segments of the Oil and Natural Gas Sector, 40 CFR part 49, 
subpart C, Sec. Sec.  49.101 through 49.105.

[FR Doc. 2024-17625 Filed 8-8-24; 8:45 am]
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