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when the Agency decides not to use

available and applicable VCS.

This action does not involve changes

to the technical standards related to test

methods or monitoring methods; 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.

J. Executive Order 12898: Federal

Actions To Address Environmental

Justice in Minority Populations and

Low-Income Populations

Executive Order 12898 (59 FR 7629,

February 16, 1994) establishes Federal

executive policy on environmental

justice. 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.

This proposed rule does not involve

special consideration of environmental

justice-related issues as required by

Executive Order 12898, Federal Actions

to Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), because it does not change any

regulatory requirements. This action

merely corrects and clarifies existing

requirements.

List of Subjects in 40 CFR Part 63

Administrative practice and

procedure, Air pollution control,

Hazardous substances, Incorporation by

reference, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: March 1, 2011.

Lisa P. Jackson,

Administrator.

[FR Doc. 2011–5195 Filed 3–8–11; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

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40 CFR Part 70

[EPA–R08–OAR–2011–0015; FRL–9277–9]

Clean Air Act Proposed Interim

Approval of Title V Operating Permits

Program; Southern Ute Indian Tribe

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes interim

approval of the Title V Operating

Permits Program submitted by the

Southern Ute Indian Tribe (Tribe). The

Tribe’s Title V Operating Permit

Program (Title V Program) was

submitted for the purpose of

administering a tribal program for

issuing operating permits to all major

stationary sources, and certain other

sources on the Southern Ute Indian

Reservation (Reservation).

DATES: Comments on this proposed

action must be received on or before

April 8, 2011. Comments should be

addressed to the contact indicated

below.

ADDRESSES: Submit your comments,

identified by Docket ID No. EPA–R08–

OAR–2011–0015, by one of the

following methods:

• http://www.regulations.gov. Follow

the on-line instructions for submitting

comments.

• E-mail: lebow-aal.deborah@epa.gov

and north.alexis@epa.gov.

• Mail: Deborah Lebow Aal, Acting

Director, Air Program, Environmental

Protection Agency (EPA), Region 8,

Mailcode 8P–AR, 1595 Wynkoop Street,

Denver, Colorado 80202–1129.

• Hand Delivery: Deborah Lebow Aal,

Acting Director, Air Program,

Environmental Protection Agency

(EPA), Region 8, Mailcode 8P–AR, 1595

Wynkoop Street, Denver, Colorado

80202–1129. Such deliveries are only

accepted Monday through Friday, 8 a.m.

to 4:30 p.m., excluding Federal

holidays. Special arrangements should

be made for deliveries of boxed

information.

Instructions: Direct your comments to

Docket ID No. EPA–R08–OAR–2011–

0015. EPA’s policy is that all comments

received will be included in the public

docket without change and may be

made available online at http://

www.regulations.gov, including any

personal information provided, unless

the comment includes information

claimed to be Confidential Business

Information (CBI) or other information

whose disclosure is restricted by statute.

Do not submit information that you

consider to be CBI or otherwise

protected through http://

www.regulations.gov or e-mail. The

http://www.regulations.gov Web site is

an ‘‘anonymous access’’ system, which

means EPA will not know your identity

or contact information unless you

provide it in the body of your comment.

If you send an e-mail comment directly

to EPA, without going through http://

www.regulations.gov, your e-mail

address will be automatically captured

and included as part of the comment

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that is placed in the public docket and

made available on the Internet. If you

submit an electronic comment, EPA

recommends that you include your

name and other contact information in

the body of your comment and with any

disk or CD–ROM you submit. If EPA

cannot read your comment due to

technical difficulties and cannot contact

you for clarification, EPA may not be

able to consider your comment.

Electronic files should avoid the use of

special characters, any form of

encryption, and be free of any defects or

viruses. For additional information

about EPA’s public docket visit the EPA

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm.

Docket: All documents in the docket

are listed in the http://

www.regulations.gov index. Although

listed in the index, some information is

not publicly available, e.g., CBI or other

information whose disclosure is

restricted by statute. Certain other

material, such as copyrighted material,

will be publicly available only in hard

copy. Publicly-available docket

materials are available either

electronically in http://

www.regulations.gov or in hard copy at

the Air Program, Environmental

Protection Agency (EPA), Region 8,

1595 Wynkoop Street, Denver, Colorado

80202–1129. EPA requests that if at all

possible, you contact the individual

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy

of the docket. You may view the hard

copy of the docket Monday through

Friday, 8 a.m. to 4 p.m., excluding

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Alexis North, Air Program, Mailcode

8P–AR, Environmental Protection

Agency, Region 8, 1595 Wynkoop

Street, Denver, Colorado 80202–1129,

(303) 312–7005, or

north.alexis@epa.gov.

SUPPLEMENTARY INFORMATION:

Definitions

For the purpose of this document, we

are giving meaning to certain words or

initials as follows:

(i) The word Act or initials CAA mean

or refer to the Clean Air Act, unless the

context indicates otherwise.

(ii) The word Commission means the

joint Southern Ute Indian Tribe/State of

Colorado Environmental Commission.

(iii) The words EPA, we, us or our

mean or refer to the United States

Environmental Protection Agency.

(iv) The word Title V Program means

the Tribe’s Application for Approval of

the Southern Ute Indian Tribe’s 40 CFR

Part 70 Operating Permit Program dated

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January 14, 2009 and the subsequent

Supplement to Application for Approval

of the Southern Ute Indian Tribe’s 40

CFR Part 70 Operating Permit Program

dated September 28, 2010.

(v) The word Tribe means the

Southern Ute Indian Tribe, unless the

context indicates otherwise.

Table of Contents

I. General Information

A. What Should I Consider as I Prepare My

Comments for EPA?

1. Submitting CBI

2. Tips for Preparing Your Comments

II. What is Being Addressed in This

Document?

III. Evaluation of the Tribe’s Authorities

A. Current Tribal Authority

B. Reasonably Severable Title V Program

Elements

C. Criminal Enforcement Memorandum of

Understanding

IV. Evaluation of the Tribe’s Title V Program

Elements

A. Analysis of the Tribe’s Title V Program

Submission pursuant to 40 CFR 70.4(b)

1. Complete Title V Program Description

2. Regulations Compromising the Title V

Program

3. Legal Opinion

4. Relevant Title V Program Documentation

5. Compliance Tracking

6. Application Completeness

Determination

7. Fee Demonstration

8. Statement of Adequate Personnel

9. Submission Commitment

10. Failure to Issue Permit in a Timely

Manner

11. Transition Plan

12. Off Permit Changes

13. Expeditious Permit Revisions and/or

Modifications Review

14. Tribe Only Revisions

15. Permit Changes Subject to Title I and

IV of the Act

16. Permit Content and Permit Issuance,

Renewal, Re-openings and Revisions

B. Options for Approval/Disapproval and

Implications

V. What action is EPA taking?

VI. Statutory and Executive Order Reviews

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I. General Information

A. What should I consider as I prepare

my comments for EPA?

1. Submitting CBI. Do not submit this

information to EPA through http://

www.regulations.gov or e-mail. Clearly

mark the part or all of the information

that you claim to be CBI. For CBI

information in a disk or CD ROM that

you mail to EPA, mark the outside of the

disk or CD ROM as CBI and then

identify electronically within the disk or

CD ROM the specific information that is

claimed as CBI. In addition to one

complete version of the comment that

includes information claimed as CBI, a

copy of the comment that does not

contain the information claimed as CBI

must be submitted for inclusion in the

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public docket. Information so marked

will not be disclosed except in

accordance with procedures set forth in

40 CFR part 2.

2. Tips for Preparing Your Comments.

When submitting comments, remember

to:

a. Identify the rulemaking by docket

number and other identifying

information (subject heading, Federal

Register date and page number).

b. Follow directions—The agency may

ask you to respond to specific questions

or organize comments by referencing a

Code of Federal Regulations (CFR) part

or section number.

c. Explain why you agree or disagree;

suggest alternatives and substitute

language for your requested changes.

d. Describe any assumptions and

provide any technical information and/

or data that you used.

e. If you estimate potential costs or

burdens, explain how you arrived at

your estimate in sufficient detail to

allow for it to be reproduced.

f. Provide specific examples to

illustrate your concerns, and suggest

alternatives.

g. Explain your views as clearly as

possible, avoiding the use of profanity

or personal threats.

h. Make sure to submit your

comments by the comment period

deadline identified.

II. What is being addressed in this

document?

Under Title V of the Clean Air Act

(the Act or CAA) as amended (1990),

EPA has promulgated rules that define

the minimum elements of an interim

approval of a Title V operating permits

program for state and tribal permitting

authorities. The corresponding

standards and procedures by which the

EPA will approve, oversee, and

withdraw approval of state and tribal

Title V operating permits programs can

be found at 57 FR 32250 (July 21, 1992)

and 63 FR 1322 (January 10, 2000) and

codified at 40 CFR part 70.

In addition, as part of the 1990

Amendments to the CAA, Congress

enacted Section 301(d) authorizing EPA

to ‘‘treat Indian tribes as states’’ under

the Act so that tribes may develop and

implement CAA programs in a similar

manner as states within tribal

reservations or in other areas subject to

tribal jurisdiction. Section 301(d)(2) of

the Act authorizes EPA to promulgate

regulations specifying those provisions

of the CAA ‘‘for which it is appropriate

to treat Indian tribes as States.’’ 42

U.S.C. 7601(d)(2).

On February 12, 1998, EPA issued a

final rule specifying those provisions of

the CAA for which it is appropriate to

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12927

treat eligible Indian tribes in a similar

manner as states, known as the Tribal

Authority Rule (TAR). 63 FR 7254,

codified at 40 CFR part 49. As a general

matter, EPA determined in the TAR that

it is not appropriate to treat Indian

tribes in a similar manner as states for

purposes of specific CAA program

submittal and implementation

deadlines. This is because, among other

reasons (discussed at 59 FR at 43,964–

65), although the CAA contains many

provisions mandating the submittal of

state plans, programs, or other

requirements by certain dates, the Act

does not similarly require Indian tribes

to develop and seek approval of CAA

programs.

Thus, Indian tribes are generally not

subject to CAA provisions that specify

a deadline by which something must be

accomplished, e.g., provisions

mandating the submission of state Title

V operating permits programs under

sections 502(d)(1), 502(d)(2)(B), and

502(d)(3)of the Act. 40 CFR 49.4.

A tribe that meets the eligibility

criteria for treatment in a similar

manner as a state (TAS) may, however,

choose to implement a CAA program. A

tribe may also submit reasonably

severable portions of a CAA program, if

it can demonstrate that its proposed air

program is not integrally related to

program elements not included in the

plan submittal and is consistent with

applicable statutory and regulatory

requirements. 40 CFR 49.7(c); see also

CAA section 110(o). This modular

approach is intended to give Indian

tribes the flexibility to address their

most pressing air quality issues and

acknowledges that Indian tribes often

have limited resources with which to

address their environmental concerns.

Consistent with the exceptions listed in

40 CFR 49.4, once submitted, an Indian

tribe’s proposed air program will be

evaluated in accordance with applicable

statutory and regulatory criteria in a

manner similar to the way EPA would

review a similar state submittal. 40 CFR

49.9(h).

EPA expects Indian tribes to fully

implement and enforce their approved

CAA programs and, as with states, EPA

retains its authority to impose sanctions

for failure to implement an approved air

program. See 59 FR 43,956 at 43,965

(Aug. 25, 1994) (explaining EPA’s

rationale for treating Indian tribes in a

similar fashion as states for purposes of

mandatory sanctions for failure to

adequately implement an approved part

D program (CAA 179(a)(4)) and with

respect to EPA’s discretionary authority

to impose sanctions (CAA 110(m)); 40

CFR 49.3.

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The CAA allows Indian tribes to

develop and submit Title V operating

permit programs to EPA at their own

discretion. The EPA’s Title V operating

permit program review occurs pursuant

to section 502 of the Act and the part

70 regulations, which together outline

criteria for interim approval, full

approval or disapproval. The Tribe has

requested such approval and this action

is in response to that request.

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III. Evaluation of the Tribe’s

Authorities

The EPA completed a review of the

Tribe’s current and pending authority to

regulate air pollution sources located

within the exterior boundaries of the

Reservation. Under section 301(d) of the

CAA and the TAR, EPA may treat a tribe

in a similar manner as a state for

purposes of administering certain CAA

programs or grants if the tribe

demonstrates that: (1) It is a federallyrecognized tribe; (2) it has a governing

body carrying out substantial

governmental duties and powers; (3) the

functions to be exercised by the tribe

pertain to the management and

protection of air resources within the

exterior boundaries of the reservation

(or in other areas under the tribe’s

jurisdiction); and (4) it can reasonably

be expected to be capable, in EPA’s

judgment, of carrying out the functions

for which it seeks approval, consistent

with the CAA and applicable

regulations. The sections below outline

the details of EPA’s review of the Tribe’s

authorities.

A. Current Tribal Authority

In July 1998 the Southern Ute Indian

Tribe applied for TAS seeking approval

to administer a CAA Title V air quality

operating permit program throughout

the Reservation. The State of Colorado

challenged the Tribe’s CAA TAS

application, asserting that the Act of

May 21, 1984, Public Law 98–290, 25

U.S.C. 668, which defined the

boundaries of the Reservation,

established the State’s jurisdiction to

regulate non-Indian-owned air pollution

sources located on fee lands within the

Reservation. The Tribe and the State,

while continuing to disagree over who

has jurisdiction over these sources,

formed the Southern Ute Indian Tribe/

State of Colorado Environmental

Commission (Commission), and

executed an intergovernmental

agreement (IGA) on December 13, 1999,

to establish a single air quality program

applicable to all lands within the

exterior boundaries of the Reservation.

In general, the IGA allows for the

Tribe to implement and administer CAA

programs, on a Reservation-wide basis,

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through the joint Commission. It also

provides that the State will support the

Tribe’s CAA TAS application as long as

it is consistent with the IGA. Congress

then passed the Southern Ute and

Colorado Intergovernmental Agreement

Implementation Act of 2004, Pub. L. No.

108–336 on October 18, 2004, which

codifies the basic framework of the IGA,

and authorizes EPA to grant TAS

authority to the Tribe for air programs

submitted under CAA section 301(d).

The Tribe has previously received TAS

approval on April 26, 2000, for the

purposes of grant funding under CAA

Section 105.

On January 20, 2009, the Tribe

submitted its CAA program TAS

Application together with the Tribe’s

initial Title V Program. On July 14,

2009, EPA found the Tribe’s CAA

program TAS application to be

administratively complete. This finding

means the Tribe’s CAA program TAS

application satisfied the four necessary

elements outlined above that the Tribe

must demonstrate as part of the TAR.

EPA will continue to review the Tribe’s

TAS application per 40 CFR 49.9(b). At

the conclusion of this comment period,

the Region will make a determination

on the Tribe’s CAA program TAS

application prior to the final rulemaking

for the Tribe’s Title V Program.

B. Reasonably Severable Title V

Program Elements

As previously discussed in Section II

above, the TAR allows for Indian tribes

to seek approval of partial elements of

CAA programs as long as those portions

are determined to be reasonably

severable elements. 40 CFR 49.7(c). For

the purposes of the Tribe’s Title V

Program it has been determined that the

Acid Rain Program at Title IV of the

CAA is severable. At this time, there are

no Acid Rain emission sources located

within the exterior boundaries of the

Reservation, nor are there any pending

applications for sources. In addition, it

has been determined that underlying

federal regulations at CAA sections 111

(Standards of Performance for New

Stationary Sources) and 112 (National

Emissions Standards for Hazardous Air

Pollutants) are also reasonably

severable. However, the Tribe has

committed in a letter to EPA to

incorporate by reference these standards

and requirements into the Reservations

Air Code and pursue authorization from

EPA for those CAA programs. These

delegations are not part of this action

and will occur at a later date.

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C. Criminal Enforcement Memorandum

of Understanding

The TAR provides for a federal role in

criminal enforcement of a tribal program

when the CAA or its implementing

regulations mandate criminal

enforcement authority and the applicant

tribe is precluded from exercising such

authority. 40 CFR 49.7(a)(6) and 49.8. In

these circumstances, the TAR allows

EPA to approve a tribal application if

the tribe enters into a Memorandum of

Agreement with EPA that provides for

the Federal government to exercise

primary criminal enforcement

responsibility. Id. These provisions of

the TAR recognize that federal law

places certain limitations on tribal

criminal jurisdiction and sanctions. The

IGA reached between the Tribe and the

State of Colorado contemplates that EPA

will exercise criminal enforcement

within the Reservation boundary for air

pollution violations.

On February 10, 2009, the Tribe and

EPA entered into a Memorandum of

Agreement (MOA) which provides a

procedure by which the Tribe will

supply potential investigative leads to

the federal government in an

appropriate and timely manner when

the Tribe is precluded from asserting

criminal enforcement authority.

IV. Evaluation of the Tribe’s Title V

Program Elements

EPA conducted a thorough review of

the Tribe’s Title V Program according to

40 CFR 70.4(b) Elements of the initial

program submission. It was critical that

the Tribe’s Title V Program address each

of the 16 elements outlined in 40 CFR

70.4(b). Upon review, EPA concluded

that the 16 elements found at 40 CFR

70.4(b) were addressed by the Tribe’s

Title V Program.

A. Analysis of the Tribe’s Title V

Program Submission per 40 CFR 70.4(b)

1. Complete Title V Program Description

The Southern Ute Indian Tribe

submitted an initial and a supplemental

Title V Program to EPA on January 20,

2009 and September 28, 2010

respectively. The Title V Program

submittals include a legal opinion from

the Tribe’s legal counsel stating that the

laws of the Tribe and Southern Ute

Indian Tribe/State of Colorado

Environmental Commission provide

adequate legal authority to carry out all

aspects of the Title V Program, and a

description of how the Tribe intends to

implement the Title V Program.

EPA comments noting deficiencies in

the Tribe’s initial January 20, 2009 Title

V Program submittal were sent to the

Tribe in a letter dated December 23,

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2009. The deficiencies were segregated

into those that require corrective action

prior to Title V Program approval, and

those that, if addressed, would serve to

strengthen the Title V Program, but were

not necessary for approval.

In the September 28, 2010

supplemental Title V Program

application, the Tribe addressed the

deficiencies that required corrective

action prior to Title V Program approval

as well as those that served to

strengthen the Title V Program. EPA has

reviewed these changes and has

determined that they are adequate to

allow for Title V Program interim

approval pursuant to 40 CFR 70.4(a).

Upon review of the Supplement to

Application for Approval of the

Southern Ute Indian Tribe’s 40 CFR Part

70 Operating Permit Program dated

September 28, 2010, a few minor errors

were discovered that do not impact the

Tribe’s ability to implement the Title V

Program but must be addressed. The

Title V Program meets the minimum

requirements of 40 CFR 70.4(d).

2. Regulations Comprising the Title V

Program

The Tribe’s Title V Program,

including the operating permit

regulations (Supplement to Application

for Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

5, Reservation Air Code, Articles I and

II), meets the requirements of 40 CFR

70.4(b)(2) including evidence of

procedurally correct adoption of the

Tribe’s Reservation Air Code as well as

public notice and comments on its

adoption. Additionally, the Tribe’s Title

V Program satisfies the requirements

outlined in 40 CFR 70.2 and 70.3 with

respect to applicability; 40 CFR 70.4,

70.5, and 70.6 with respect to permit

content including operational

flexibility; 40 CFR 70.5 with respect to

complete application forms and criteria

which define insignificant activities; 40

CFR 70.7 with respect to public

participation and minor permit

modifications; 40 CFR 70.8 with respect

to permit review by EPA and affected

states; 40 CFR 70.9 with respect to

demonstrating adequate fees will be

collected to cover the Title V Program

costs; 40 CFR 70.10 with respect to

federal oversight and sanctions; and 40

CFR 70.11 with respect to requirements

for enforcement authority.

3. Legal Opinion

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(3). The

Tribe’s Independent Legal Counsel,

Maynes, Bradford, Shipps & Sheftel,

LLP Attorneys at Law, submitted an

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initial and a supplemental legal opinion

in both the initial and supplemental

Title V Program applications

(Application for Approval of the

Southern Ute Indian Tribe’s 40 CFR Part

70 Operating Permit Program dated

January 14, 2009 and Supplement to

Application for Approval of the

Southern Ute Indian Tribe’s 40 CFR Part

70 Operating Permit Program dated

September 28, 2010). The signature of

the Tribe’s legal counsel, Sam Maynes

of Maynes, Bradford, Shipps & Sheftel,

LLP Attorneys at Law, has full authority

to independently represent the Tribe in

court on all matters pertaining to the

Tribe’s Title V Program. The legal

opinion includes a demonstration of

adequate legal authority to carry out the

requirements of this part, including

authority to carry out those activities

listed at 40 CFR 70.4(b)(3)(i) through

(xiii).

4. Relevant Title V Program

Documentation

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(4). The

Tribe submitted extensive application

forms (Application for Approval of the

Southern Ute Indian Tribe’s 40 CFR Part

70 Operating Permit Program dated

January 14, 2009, Tab 4, Program Forms)

for review as well as comprehensive

instructions for each form.

5. Compliance Tracking

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(5). The

Tribe submitted multiple compliance

assurance procedures and guidelines

(Application for Approval of the

Southern Ute Indian Tribe’s 40 CFR Part

70 Operating Permit Program dated

January 14, 2009, Tab 5, Compliance

Tracking).

6. Application Completeness

Determination

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(6). The

Tribe’s Reservation Air Code

(Supplement to Application for

Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

5, Reservation Air Code) Article II,

Sections 2–106(3) and 2–107(1)(a)

demonstrates adequate authority and

procedures to determine within 60 days

of receipt whether applications

(including renewal applications) are

complete, to request such other

information as needed to process the

application, and to take final action on

complete applications within 18 months

of the date of its submittal, except for

initial permit applications, for which

the part 70 permitting authority may

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12929

take up to 3 years from the effective date

of the Title V Program to take final

action on the application, as provided

for in 40 CFR 70.4(b)(11)(ii).

7. Fee Demonstration

The Tribe’s Title V Program included

a fee accounting including projected fee

collection and programmatic costs

(Supplement to Application for

Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

11, Revised Fee Demonstration, Figure 1

page 8 and Table 2 page 9) that set fees

above the presumptive minimum set

forth in 40 CFR 70.9. Specific fee

provisions included $50.00 + CPI

(Consumer Price Index) for all fee

pollutants released in a calendar year

pursuant to the Reservation Air Code

(Supplement to Application for

Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

5, Reservation Air Code), Article II,

Section 2–119. The Tribe’s Title V

Program clearly demonstrates a fee

schedule that results in the collection

and retention of revenues sufficient to

cover the Title V Program costs. In

addition, the fee schedule contains an

initial accounting of how required fee

revenues are sufficient to cover Title V

Program costs.

8. Statement of Adequate Personnel

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(8). The

Tribe submitted a statement that

adequate personnel and funding have

been made available to develop,

administer, and enforce the Title V

Program (Supplement to Application for

Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

10, 40 CFR 70.4(b)(8)). In addition, the

Tribe has provided a supplemental

staffing plan (January 4, 2011 email

from Brenda Jarrell) that outlines a staff

of six individuals including a senior

level engineering position.

9. Submission Commitment

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(9). The

Tribe submitted a commitment

(Application for Approval of the

Southern Ute Indian Tribe’s 40 CFR Part

70 Operating Permit Program dated

January 14, 2009, Tab 9, 40 CFR

70.4(b)(9)) to submit, at least annually to

the Administrator, information

regarding the Tribe’s enforcement

activities including, but not limited to,

the number of civil, judicial and

administrative enforcement actions

either commenced or concluded; the

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penalties, fines, and sentences obtained

in those actions; and the number of

administrative orders issued.

10. Failure To Issue Permit in a Timely

Manner

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(10). The

Tribe’s Reservation Air Code

(Supplement to Application for

Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

5, Reservation Air Code) Article II,

Sections 2–106 and 2–107 are consistent

with requirements outlined in 40 CFR

70.5(a)(2) and 70.6(f).

11. Transition Plan

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(11). The

Tribe submitted a comprehensive

Revised Transition Plan (Supplement to

Application for Approval of the

Southern Ute Indian Tribe’s 40 CFR Part

70 Operating Permit Program dated

September 28, 2010, Tab 12, Revised

Transition Plan) which outlines a plan

and schedule for submittal and final

action on initial permit applications for

all part 70 sources within the exterior

boundaries of the Reservation.

12. Off Permit Changes

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(12). The

Tribe’s Reservation Air Code

(Supplement to Application for

Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

5, Reservation Air Code) Article II,

Sections 2–110, 2–111 and 2–116 are

provisions allowing for changes within

a permitted facility without requiring a

permit revision, if the changes are not

modifications under any provision of

title I of the Act and the changes do not

exceed the emissions allowable under

the Part 70 permit, provided the facility

provides written notification as required

in 40 CFR 70.4(b)(12).

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13. Expeditious Permit Revisions and/or

Modifications Review

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(13). The

Tribe’s Reservation Air Code

(Supplement to Application for

Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

5, Reservation Air Code) Article II,

Section 2–111 provides for adequate,

streamlined and reasonable procedures

for expedited review of permit revisions

or modifications.

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14. Tribe Only Revisions

The Tribe’s Title V Program does not

allow changes that are not addressed or

prohibited as described in 40 CFR

70.4(b)(14). Thus, this section does not

apply to the Tribe’s Title V Program.

15. Permit Changes Subject to Title I

and IV of the Act

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(15). The

Tribe’s Reservation Air Code

(Supplement to Application for

Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

5, Reservation Air Code) Article II,

Section 2–116(2) prohibits sources from

making, without a permit revision,

changes that are not addressed or

prohibited by the part 70 permit, if such

changes are subject to any requirements

under title IV of the Act or are

modifications under any provision of

title I of the Act.

16. Permit Content and Permit Issuance,

Renewal, Re-Openings and Revisions

The Tribe’s Title V Program meets the

requirements of 40 CFR 70.4(b)(16). The

Tribe’s Reservation Air Code

(Supplement to Application for

Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

5, Reservation Air Code) Article II,

Sections 2–107, 2–110 and 2–112

requires the Tribe’s Title V Program to

implement the requirements of 40 CFR

70.6 and 70.7.

B. Options for Approval/Disapproval

and Implications

The EPA is proposing to grant interim

approval to the Tribe’s Title V Program.

The Tribe must make the following

changes to the Reservation Air Code

(Supplement to Application for

Approval of the Southern Ute Indian

Tribe’s 40 CFR Part 70 Operating Permit

Program dated September 28, 2010, Tab

5, Reservation Air Code) in order to

receive full Title V Program approval.

(1) Modify the ‘‘Emission unit’’

definition to include pollutants listed

under 112(b) of the Act; and

(2) Modify the ‘‘Major source’’

definition to include the updated

definition for purposes of regulating

greenhouses gasses as part of the

Prevention of Significant Deterioration/

Title V Greenhouse Gas Tailoring Rule

(GHG Tailoring Rule). See 75 FR 106 at

31514–31608 (June 3, 2010); and

The correction to the ‘‘Emission unit’’

definition is intended to clarify and

make the Tribe’s program consistent.

The Tribe has the authority to regulate

pollutants listed under 112(b) of the Act

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through their ‘‘Major source’’ and

‘‘Regulated air pollutant’’ definitions.

Accordingly, the ‘‘Emission Unit’’

definition should include 112(b)

pollutants to have consistent definitions

in the Title V Program.

The correction to the ‘‘Major source’’

definition is intended to narrow the

sources that will require Title V review

for greenhouse gasses (GHGs) after July

1, 2011. With this modification, the

Tribe is afforded flexibility to issue Title

V operating permits to sources with

GHG emissions in a manner consistent

with the Federal regulations as set out

in the GHG Tailoring Rule.

This proposed interim approval,

which may not be renewed, would

extend for a period of up to two years.

Permits issued under a Title V operating

permits program with interim approval

have full standing with respect to part

70, and the one year time period for

submittal of permit applications by

subject sources begins upon interim

approval, as does the three-year time

period for processing the initial permit

applications.

The Tribe shall submit to EPA

changes to the Title V Program

addressing the deficiencies specified in

the interim approval no later than 8

months prior to the expiration of the

interim approval. 40 CFR 70.4(f)(2). The

EPA can disapprove the Tribe’s Title V

Program if the specified changes are not

made within the specified timeframe.

V. What action is EPA taking?

EPA is providing an opportunity for

public comment on our intent to grant

interim approval to the Southern Ute

Indian Tribe’s Title V Program.

VI. Statutory and Executive Order

Reviews

Today’s action merely proposes EPA’s

intent to grant interim approval to the

Tribe’s Title V Program and does not

impose additional requirements beyond

those imposed by tribal law. For that

reason, this action:

• Does ensure ‘‘meaningful and

timely input by tribal officials in the

development of regulatory policies that

have tribal implications’’ as required in

Executive Order 13175, entitled

‘‘Consultation and Coordination with

Indian Tribal Governments’’ (65 FR

67249, November 9, 2000).

• Is not a ‘‘significant regulatory

action’’ subject to review by the Office

of Management and Budget under

Executive Order 12866 (58 FR 51735,

October 4, 1993);

• Does not impose an information

collection burden under the provisions

of the Paperwork Reduction Act (44

U.S.C. 3501 et seq.);

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• 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.);

• 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);

• Does not have Federalism

implications as specified in Executive

Order 13132 (64 FR 43255, August 10,

1999);

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• Is not an economically significant

regulatory action based on health or

safety risks subject to Executive Order

13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action

subject to Executive Order 13211 (66 FR

28355, May 22, 2001);

• 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

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• 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).

Dated: March 2, 2011.

Carol Rushin,

Acting Regional Administrator, Region 8.

[FR Doc. 2011–5342 Filed 3–8–11; 8:45 am]

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