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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations an implementation plan under CAA
section 110a. The TIP includes permitting requirements for major and minor sources of air pollution. The purpose of the TIP 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 a federally enforceable preconstruction permitting program.
DATES: This rule is effective on April 2, 2021.
ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPAR01OAR
20200374. All documents in the docket are listed on the https
www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., 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 https
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office SquareSuite 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 Offices 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 COVID19.
FOR FURTHER INFORMATION CONTACT:
Patrick Bird, Air Permits, Toxics and Indoor Programs Branch, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Mail Code: 052, Boston, MA 021090287.
Telephone: 6179181287. Fax: 617
9180287. Email: Bird.Patrick@epa.gov.
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 Reviews jbell on DSKJLSW7X2PROD with RULES

I. Background and Purpose On September 9, 2020 85 FR 55628, EPA published a Notice of Proposed Rulemaking NPRM for a TIP submitted by the MPTN for approval under section 110 of the CAA. The TIP addresses attainment and maintenance of the
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National Ambient Air Quality Standards NAAQS by establishing a federally enforceable preconstruction permitting program within the exterior boundaries of the Tribes reservation. It also allows for sources that otherwise would have the potential to emit hazardous air pollutants or regulated NSR pollutants in amounts at or above those for major sources to request federally enforceable permit limitations that restrict emissions to below those of a major source.
The MPTN is an Indian Tribe federally recognized in 1983 by Congressional legislation Pub. L. 98
134, sec. 9, Oct. 1St, 1983 97 Stat 855, Title 25 U.S.C.A. 17511760. The Secretary of the Interior recognizes the Mashantucket Pequot Tribe of Connecticut 73 FR 18553, 18554, April 4, 2008. MPTNs CAP was established by Tribal Council Resolution in 2005 TCR10260001 of 02. On July 10, 2008, EPA determined that the Tribe is eligible for TAS for these purposes.
The MPTN formally submitted the applicable elements of its TIP to EPA
Region 1 on December 7, 2018. Having found that the MPTN is eligible for TAS
to implement these regulatory programs, EPA is now approving the Tribes TIP.
We intend to act on the Tribes title V
operating permit program in separate notice and comment processes, as appropriate.
The rationale for EPAs proposed approval of the MTPN 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 three comments during the comment period, all of which supported EPAs proposed action. As such, these comments do not require further response to finalize the action as proposed.
III. Final Action EPA is approving the MPTNs TIP
under the Clean Air Act to regulate air pollution within the exterior boundaries of the Tribes reservation. In this action we act only on those portions of MPTNs CAP that constitute a TIP
containing severable elements of an implementation plan under CAA
section 110a. The TIP includes permitting requirements for major and minor sources of air pollution.
Specifically, we are approving the following sections of the MPTNs air quality regulations. Title 12, Subtitle 12.1, 2Applicability with effective date; Title 12, Subtitle 12.1, 4

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Definitions; and Title 12, Subtitle 12.2
New Source ReviewMPTN TIP.
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, EPA is finalizing the incorporation by reference of the MPTN rules discussed in section I. and III. of this preamble. EPA has made, and will continue to make, these documents generally available through https
www.regulations.gov and at the EPA
Region 1 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
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. 7410k;
40 CFR 52.02a. Thus, in reviewing TIP
submissions, EPAs role is to approve tribal choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this final 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:
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;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
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. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
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;

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