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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations
Is not subject to requirements of Section 12d 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 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. Section 804, however, exempts from section 801 the following types of rules: Rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of nonagency parties, 5 U.S.C. 8043. Because this is a rule of particular applicability, EPA is not required to submit a rule report regarding this action under section 801.
Under section 307b1 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 May 3, 2021.
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 307b2.
List of Subjects in 40 CFR Part 49
Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Indians, Intergovernmental relations, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 10, 2021.
Deborah Szaro, Acting Regional Administrator, EPA Region 1.

Part 49 of chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 49INDIAN COUNTRY: AIR
QUALITY PLANNING AND
MANAGEMENT
1. The authority citation for part 49
continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart DImplementation Plans for TribesRegion 1
2. Subpart D of Part 49 is amended by adding an undesignated center heading and 49.202, after 49.201, to read as follows:

Implementation Plan for the Mashantucket Pequot Tribal Nation.
49.202

Identification of Plan
a Purpose and scope. This section contains the implementation plan for
the Mashantucket Pequot Tribal Nation.
This plan consists of permitting requirements for major and minor sources of air pollution submitted by the Tribe on December 7, 2018, applicable to lands within the exterior boundaries of the Mashantucket Pequot Tribal Nations reservation.
b Incorporation by reference. 1
Material listed in paragraph c of this section was approved for incorporation by reference by the Director of the Federal Register in accordance with 5
U.S.C. 552a and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register.
Entries in paragraph c of this section with EPA approval dates after January 6, 2021, will be incorporated by reference in the next update to the TIP
compilation.
2 EPA Region 1 certifies that the rules/regulations provided by EPA in the TIP compilation at the addresses in paragraph b3 of this section are an exact duplicate of the officially promulgated tribal rules/regulations which have been approved as part of the Tribal Implementation Plan as of January 6, 2021.
3 Copies of the materials incorporated by reference may be inspected at the EPA Region 1 Office, 5
Post Office Square, Suite 100, Boston, MA 021093912 and at the National Archives and Records Administration NARA. For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to:
https www.archives.gov/federalregister/cfr/ibr-locations.html.
c EPA-approved regulations.

TABLE 1 TO PARAGRAPH cEPA-APPROVED MASHANTUCKET PEQUOT TRIBAL NATION REGULATIONS
Title/subject
Resolution Number TCR10111804
of 06 of the Mashantucket Pequot Tribe.

RESOLUTION NUMBER TCR10111804 of 06 OF
THE MASHANTUCKET PEQUOT TRIBAL
COUNCIL, THE GOVERNING BODY OF THE
MASHANTUCKET PEQUOT TRIBE, Approves the MPTN Air Quality Program, Submission of the Tribal Implementation Plan and Requests Delegation of the Title V Program.
MPTN Land Use Regulations, Title 12 Air Quality Regulations.

MPTN Land Use Regulations, Title 12 Air Quality Regulations.
jbell on DSKJLSW7X2PROD with RULES

Tribal effective date
Tribal citation
VerDate Sep<11>2014

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EPA approval date
10/11/2018

3/3/2021 Insert Federal Register citation.

10/11/2018

3/3/2021Insert Federal Register citation.

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Explanations
MPTN only submitted, and EPA
only approved, applicable TIP
References: Subtitle 12.1, 2
Applicability and 4 Definitions; and Subtitle 12.2 New Source ReviewMPTN TIP.

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