Rule2022-02724
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2022
Effective
March 14, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or in hard copy
at EPA Region 8, 1595 Wynkoop Street, Denver, Colorado. While all
documents in the docket are listed at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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: <a href="/cdn-cgi/l/email-protection#aec1c2ddc1c080c5d7c2cbeecbdecf80c9c1d8"><span class="__cf_email__" data-cfemail="9af5f6e9f5f4b4f1e3f6ffdaffeafbb4fdf5ec">[email protected]</span></a>.
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 <a href="https://www.epa.gov/sites/default/files/2018-09/documents/developing_a_tribal_implementation_plan_sept._2018_1.pdf">https://www.epa.gov/sites/default/files/2018-09/documents/developing_a_tribal_implementation_plan_sept._2018_1.pdf</a>.
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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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#8fe9fda1e6e1fcffeaecfbe6e0e1cfe1eefdeea1e8e0f9"><span class="__cf_email__" data-cfemail="0c6a7e2265627f7c696f786563624c626d7e6d226b637a">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>. Copies of the Northern
Cheyenne TIP regulations we have approved are also available at <a href="http://www.epa.gov/region8/air/sip.html">http://www.epa.gov/region8/air/sip.html</a>.
(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
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