Agency Information Collection Activities: Proposed Collection; Comment Request; Clean Air Act Tribal Authority

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5914-6]

Agency Information Collection Activities: Proposed Collection;

Comment Request; Clean Air Act Tribal Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501

et seq.), this notice announces that EPA is planning to submit the

following continuing Information Collection Request (ICR) to the Office

of Management and Budget (OMB): Clean Air Act Tribal Authority, OMB

Code No. 2060-0306, expiring 03/31/98. Before submitting the ICR to OMB

for review and approval, EPA is soliciting comments on specific aspects

of the proposed information collection as described below.

DATES: Comments must be submitted on or before December 29, 1997.

ADDRESSES: Office of Air and Radiation, Office of Program Management

Operations, U.S. Environmental Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460. Interested persons may request a copy of the

ICR by calling (202) 260-7652, or by electronic mail at

``[email protected]''.

FOR FURTHER INFORMATION CONTACT: David Laroche, Telephone No. (202)

260-7652/ Facsimile No. (202) 260-8509/E-MAIL Address.

``[email protected]''.

SUPPLEMENTARY INFORMATION:

Affected entities: Entities potentially affected by this action are

Indian Tribes.

Title: Clean Air Act Tribal Authority, (OMB Code No.2060-0306; EPA

ICR No. 1676.02), expiring 03/31/98.

Abstract: This ICR requests clearance on EPA's review and approval

process for determining Tribe eligibility to carry out the Clean Air

Act (CAA). Tribes may choose to submit a CAA eligibility and a CAA

program application to EPA at the same time for approval and EPA will

review both submittals simultaneously. EPA will use this information to

determine if a Tribe meets the statutory criteria under the section

301(d) of the CAA and is qualified for purposes of implementing an Air

Quality Program. Section 114 of the CAA is the authority for the

collection of information.

An agency may not conduct or sponsor, and a person is not required

to respond to, a collection of information unless it displays a

currently valid OMB control number. The OMB control numbers for EPA's

regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. Section

301(d) of the CAA directs EPA's Administrator to promulgate regulations

specifying those provisions of the Act which determine Tribe

eligibility. When promulgated, the regulations will give Tribes the

opportunity, if they choose, to implement all CAA programs. The Tribal

rule will authorize approved Tribes to exercise civil authority over

all air resources within the exterior boundaries of their reservations,

including nontribal owned fee lands, or other areas within the Tribes'

jurisdiction. The regulation is under administrative review and

promulgation is expected in 1997.

Each Tribe is to meet eligibility by demonstrating it: (1) Is a

Federally recognized Tribe; (2) has a governing body carrying out

substantial governmental duties and powers; and (3) is reasonably

expected to be capable of carrying out the program for which it is

seeking approval in a manner consistent with the CAA and applicable

regulations. If the Tribe is asserting jurisdiction over off-

reservation lands, it must demonstrate the legal and factual basis for

its jurisdiction consistent with applicable principles of Indian Laws.

The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) Evaluate the accuracy of the agency's estimate of the burden

of the

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proposed collection of information, including the validity of the

methodology and assumptions used;

(iii) Enhance the quality, utility, and clarity of the information

to be collected; and

(iv) Minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

Burden Statement: This rule incorporates the Agency's streamlined

process for Tribes to be determined eligible to implement directly

provisions of the CAA. Some of the Tribes may have compiled the

information necessary to apply for eligibility determination for

purposes of the Clean Water Act or Safe Drinking Water Act. The number

of respondents will vary depending upon air quality conditions and

major sources on reservations. The annual burden associated with

eligibility is estimated to be 40 hours per Tribe and average

respondent per hour labor cost is $25.13, with no associated projected

capital or Operations and Management costs. The estimated number of

respondent Tribes applying for CAA programs over the next three years

is 36.

Burden means the total time, effort, or financial resources

expended by persons to generate, maintain, retain, or disclose or

provide information to or for a Federal agency. This includes the time

needed to review instructions; develop, acquire, install, and utilize

technology and systems for the purposes of collecting, validating, and

verifying information, processing and maintaining information, and

disclosing and providing information; adjust the existing ways to

comply with any previously applicable instructions and requirements;

train personnel to be able to respond to a collection of information;

search data sources; complete and review the collection of information;

and transmit or otherwise disclose the information.

Dated: October 22, 1997.

Richard D. Wilson,

Acting Assistant Administrator for Air & Radiation.

[FR Doc. 97-28549 Filed 10-28-97; 8:45 am]

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