Federal Register - February 12, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices Tribe requested eligibility entails the exercise of Tribal regulatory authority under the CAA.
ADDRESSES: The EPA has established a docket for this action under Docket ID
No. EPAR10OAR20200563. The eligibility determination and other docket materials are available electronically at the EPAs electronic public docket system, found at https
www.regulations.gov. Please contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section if you need assistance.
FOR FURTHER INFORMATION CONTACT:
India Young, Air and Radiation Division, EPA Region 10, 1200 Sixth AvenueSuite 155, Seattle, Washington 98101, 2065531219, young.india@
epa.gov.
SUPPLEMENTARY INFORMATION: The Kalispel Indian Community of the Kalispel Reservation Kalispel Tribe is a Federally recognized tribe located in northeastern Washington. On April 21, 2020, the EPA received an application from the Kalispel Tribe pursuant to section 301d, 42 U.S.C. 7601d, of the Clean Air Act CAA and the EPAs regulations at 40 CFR part 49. In their application, the Kalispel Tribe requested TAS eligibility for the nonregulatory provisions of six CAA
provisions generally relating to grant funding section 105 of the CAA, 42
U.S.C. 7405, interstate transport of air pollutants sections 110a2D and 126
of the CAA, 42 U.S.C. 7410a2D and 7426, participation in certain interstate and regional air quality bodies sections 169B and 176A of the CAA, 42 U.S.C.
7492 and 7506a, and receiving notices of, reviewing, and/or commenting on certain nearby permitting and sources section 505a2 of the CAA, 42 U.S.C.
7661da2. None of the provisions for which the Kalispel Tribe requested eligibility entails the exercise of Tribal regulatory authority under the CAA.
The Kalispel Tribes TAS application thus does not request, and the EPAs decision to approve the application does not approve, Tribal authority to implement any CAA regulatory program or to otherwise implement Tribal regulatory authority under the CAA.
In accordance with the EPAs regulations, as part of its review process, the EPA notified all appropriate governmental entities and the public of the Kalispel Tribes TAS application. In these notices, the EPA specified the geographic boundaries of the Kalispel Reservation as identified in the Kalispel Tribes application. The EPA afforded the appropriate governmental entities and the public over 37 days to provide written comments regarding any dispute
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concerning the boundary of the Kalispel Reservation. No one provided comments disputing the boundaries of the Kalispel Reservation.
On December 1, 2020, the EPA
determined that the Kalispel Tribe has met the requirements of section 301d2 and 40 CFR 49.6 and are therefore approved to be treated in the same manner as a state as follows:
Section 105 of the CAA, 42 U.S.C.
7405: Status as a State such that the Kalispel Tribe is eligible for the maximum funding available to an air pollution control agency.
Section 110a2D of the CAA, 42
U.S.C. 7410a2D: Status as an affected other State in the context of other states implementation plans.
Section 126 of the CAA, 42 U.S.C.
7426: Status as a nearby State in the context of interstate pollution from major stationary sources.
Section 169B of the CAA, 42 U.S.C.
7492: Status as a State in the context of interstate visibility commissions.
Section 176A of the CAA, 42 U.S.C.
7506a: Status as a State in the context of interstate transport commissions.
Section 505a2 of the CAA, 42
U.S.C. 7661da2: Status as an affected State in the context of Title V permits issued by other states.
The EPAs decision also concludes that, for the purposes of this eligibility determination, the Kalispel Tribes jurisdiction extends to the exterior boundaries of the original, formal Kalispel Reservation established and described by Executive Order 1904, signed by President Woodrow Wilson on March 23, 1914, as well as the United States Surveyor Generals Map of the Kalispel Indian Reservation dated May 26, 1919, included in the docket for this notice.
A detailed explanation of the EPAs approval of the Kalispel Tribes TAS
application may be found in the docket for this notice.
Judicial Review: Pursuant to section 307b1 of the Clean Air Act 42 U.S.C.
7607b1, Petitioners may seek judicial review of this approval in the United States Court of Appeals for the Ninth Circuit. Any petition for judicial review shall be filed within 60 days from the date this notice appears in the Federal Register, i.e., not later than April 13, 2021.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 8, 2021.
Michelle L. Pirzadeh, Acting Regional Administrator, Region 10.
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ENVIRONMENTAL PROTECTION
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Environmental Impact Statements;
Notice of Availability Responsible Agency: Office of Federal Activities, General Information 202
5645632 or https www.epa.gov/nepa.
Weekly receipt of Environmental Impact Statements EIS
Filed February 1, 2021 10 a.m. EST
Through February 8, 2021 10 a.m.
EST
Pursuant to 40 CFR 1506.9.
Notice: Section 309a of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPAs comment letters on EISs are available at: https
cdxnodengn.epa.gov/cdx-enepa-public/
action/eis/search.
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