Rule2023-08527
Approval and Promulgation of Air Quality Implementation Plan; Mohegan Tribe of Indians of Connecticut
Primary source
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Published
April 25, 2023
Effective
May 25, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving amendments to the Mohegan Tribe of Indians of Connecticut (the Mohegan Tribe, Mohegans, or the Tribe) Tribal Implementation Plan (TIP) under the Clean Air Act (CAA) to regulate air pollution within the exterior boundaries of the Tribe's reservation. EPA approved the Tribe for treatment in the same manner as a State (Treatment as State or TAS) for purposes of administering New Source Review (NSR) under the CAA on December 26, 2006. The TIP revisions we are approving include permitting requirements for minor sources of air pollution not covered by the Tribe's existing federally approved NSR permitting program. The purpose of the TIP revisions is to enable the Tribe to attain and maintain the National Ambient Air Quality Standards (NAAQS) within the exterior boundaries of its reservation by establishing new elements to its federally enforceable preconstruction air permitting program.
Full Text
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<title>Federal Register, Volume 88 Issue 79 (Tuesday, April 25, 2023)</title>
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[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24916-24918]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08527]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[EPA-R01-OAR-2022-0961, FRL-10562-02-R1]
Approval and Promulgation of Air Quality Implementation Plan;
Mohegan Tribe of Indians of Connecticut
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
amendments to the Mohegan Tribe of Indians of Connecticut (the Mohegan
Tribe, Mohegans, or the Tribe) Tribal Implementation Plan (TIP) under
the Clean Air Act (CAA) to regulate air pollution within the exterior
boundaries of the Tribe's reservation. EPA approved the Tribe for
treatment in the same manner as a State (Treatment as State or TAS) for
purposes of administering New Source Review (NSR) under the CAA on
December 26, 2006. The TIP revisions we are approving include
permitting requirements for minor sources of air pollution not covered
by the Tribe's existing federally approved NSR permitting program. The
purpose of the TIP revisions is to enable the Tribe to attain and
maintain the National Ambient Air Quality Standards (NAAQS) within the
exterior boundaries of its reservation by establishing new elements to
its federally enforceable preconstruction air permitting program.
DATES: This rule is effective on May 25, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2022-0961. All documents in the docket
are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed
in the index, some information is not publicly available, i.e.,
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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the U.S.
Environmental Protection Agency, EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that, if at all possible, you contact the contact listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and
facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Madeline Isenberg, Air Permits,
Toxics, and Indoor Programs Branch, EPA Region 1, 5 Post Office Square
(Mail Code: MI-5), Boston, MA, 02109-3912, telephone number (617) 918-
1271, email: <a href="/cdn-cgi/l/email-protection#044d77616a666176632a49656061686d6a61446174652a636b72"><span class="__cf_email__" data-cfemail="e6af95838884839481c8ab8782838a8f8883a6839687c8818990">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Review
I. Background and Purpose
On February 13, 2023 (88 FR 2298), EPA published a notice of
proposed rulemaking (NPRM) for TIP revisions submitted by the Mohegan
Tribe of Indians of Connecticut for approval under section 110 of the
CAA. The TIP revisions address attainment and maintenance of the NAAQS
within the exterior boundaries of its reservation by establishing new
elements to its federally enforceable preconstruction air permitting
program.
The Mohegan Tribe of Indians of Connecticut is an Indian Tribe
federally recognized on March 7, 1994, by congressional legislation
(Pub. L. 103-377, October 19, 1994.). The Secretary of the Interior
recognizes the ``Mohegan Tribe of Connecticut'' (86 FR 7554, January
29, 2021). On May 4, 2005, the Mohegan Tribe of Indians of Connecticut
submitted a request that we find the Tribe eligible for TAS pursuant to
section 301(d)(2) of the CAA and title 42, part 49 of the Code of
Federal Regulations (CFR), for the purpose of implementing its CAA
permitting program. The Mohegans also submitted for EPA approval its
TIP on May 4, 2005.
The Tribe requested a TAS eligibility determination pursuant to the
CAA and the Tribal Authority Rule (``TAR'') for the purpose of
administering its TIP within reservation lands. The operative portion
of the Mohegan TIP was the Tribe's Area Wide NO<INF>X</INF> Emission
Limitation Regulation.
The Tribe formally submitted the applicable elements of its TIP
revision to EPA Region 1 on July 28, 2022.
The rationale for EPA's proposed approval of the Mohegan TIP is
explained in the NPRM and will not be restated here. No adverse public
comments were received on the NPRM.
II. Response to Comments
EPA received one comment during the comment period, which supported
EPA's proposed action. As such, this comment does not require further
response to finalize the action as proposed. The comment is available
in the docket for this action.
III. Final Action
EPA is approving the Mohegan TIP revisions under the Clean Air Act
to regulate air pollution within the exterior boundaries of the Tribe's
reservation. The TIP revisions include the addition of a source
registration program for new and existing sources, a minor NSR
permitting program, and provisions to obtain a potential to emit limit
to render a source non-major for new and existing sources. The
revisions also outline a process by which the Mohegan Tribe can
establish permit by rules, and the Tribe has adopted one permit by rule
into its body of regulations for gasoline dispensing facilities as part
of these revisions.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Mohegan Tribe's Resolution No. 2022-31, which incorporates Article
XIII-A and establishes a minor NSR preconstruction permitting program
and allows for sources that would otherwise be major to take
restrictions on their potential to emit to below major source
thresholds, as described in the amendments to 40 CFR part 49 set forth
below. The EPA has made, and will continue to make, these documents
generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA
Region 1 Office (please contact the
[[Page 24917]]
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the TIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the TIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
TIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing TIP submissions, EPA's role is to approve a Tribe's
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves tribal law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by tribal law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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).
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 June 26, 2023. 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, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 17, 2023.
David Cash,
Regional Administrator, EPA Region 1.
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 D--Implementation Plans for Tribes--Region 1
0
2. Section 49.201 is amended by revising paragraph (c) to read as
follows:
Sec. 49.201 Identification of plan.
* * * * *
(c) EPA-approved regulations.
EPA-Approved Mohegan Tribe of Indians of Connecticut Regulations
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Tribal
Tribal citation Title/subject effective EPA approval date Explanations
date
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Memorandum of Agreement.......... Memorandum of 12/26/06 11/14/07, 72 FR ...................
Agreement dated 63988.
December 26, 2006,
between the
Mohegan Tribe of
Indians of
Connecticut and
the U.S.
Environmental
Protection Agency
Region I.
Mohegan Tribal Resolution No. Approval of Amended 02/18/2009 09/29/09, 74 FR Mohegan Tribal
2009-28. Tribal Air Program 49327. Resolution 2009-28
Area Wide NOX includes the
Emission ``Area Wide NOX
Limitation Emission
Regulation. Limitation
Regulation.''
Mohegan Tribal Gaming Authority Confirmation and 2/18/2009 09/29/09, 74 FR ...................
Resolution MTGA 2009-07. Approval of 49327.
Amended Tribal Air
Program ``Area
Wide NOX Emission
Limitation
Regulation''.
[[Page 24918]]
Mohegan Tribal Resolution No. Article XIII-A. 04/06/2022 4/25/2023, [Insert The TIP revision
2022-31. Minor New Source Federal Register includes the
Review Program. citation]. addition of a
source
registration
program, a minor
NSR permitting
program,
provisions to
obtain a potential
to emit limit to
render a source
non-major, a
process by which
the Mohegan Tribe
can establish
permit by rules,
and a permit by
rule for gasoline
dispensing
facilities.
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[FR Doc. 2023-08527 Filed 4-24-23; 8:45 am]
BILLING CODE 6560-50-P
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