9334 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices 

requirements of CWA § 402(b) and 40 

CFR part 123 and taking into 

consideration all comments received. 

However, pursuant to 40 CFR part 

123.21(d), the EPA and the State agreed 

via email dated January 5, 2021, to 

extend the 90-day statutory review 

period deadline from January 11, 2021 

to January 19, 2021 to allow the EPA 

additional time to consider and respond 

to all public comments. 

Public notice of the application: On 

November 27, 2020, the EPA published 

notice of the State’s application for 

NPDES program authorization for oil 

and gas discharges within the State and 

opened a 45-day comment period as 

required by 40 CFR part 123.61(a), 

which ended on January 11, 2021 (85 FR 

76076). 

Public notice of the State’s 

application was also published in the 

following newspapers: 

Dallas Morning News 

Houston Chronicles 

El Paso Herald 

El Paso Time 

Austin Times 

Public Participation Process: The EPA 

held a public meeting and public 

hearing regarding the State’s application 

virtually via Adobe Connect on January 

5, 2021. The EPA deviated from its 

typical hearing approach because of the 

President’s national emergency 

declaration due to the COVID–19 

pandemic. Because of the current Center 

for Disease Control and Prevention 

recommendations, as well as state and 

local orders for social distancing to limit 

the spread of COVID–19, the EPA could 

not hold in-person public meetings/ 

public hearings. The public meeting 

included an overview of federal and 

state NPDES program requirements, the 

state program approval and submittal 

process (in accordance with 40 CFR part 

123), and the general elements of Texas’ 

proposed program for administration of 

the NPDES program for oil and gas 

discharges (including the roles and 

responsibilities of the EPA and the 

TCEQ). The public hearing provided 

interested parties the opportunity to 

provide oral testimony for the official 

record. There were 52 attendees at the 

public meeting and 35 attendees at the 

public hearing. Two individuals 

presented oral testimony at the public 

hearing and 156 written comments were 

received by EPA prior to the close of the 

comment period. 

Summary of Comments Received: In 

addition to the oral testimony at the 

public hearing, the EPA received 156 

comments on the State of Texas’ request 

for NPDES program authorization for oil 

and gas discharges. Comments were 

received from the following entities: 

The Texas Alliance of Energy Producers 

Environmental Defense Fund 

The Sierra Club, Lone Star Chapter 

Bay Coastal Watch Association 

Audubon Texas 

Pioneer Natural Resources, USA, Inc. 

Texas Independent Producers and 

Royalty Owners Association 

The American Exploration and 

Production Council (AXPC) 

Citizens of the local communities 

EPA received 156 written comments. 

Of those 156 comments, approximately 

130 were very similar in nature, 

expressing concern with the State’s 

request to implement the NPDES oil and 

gas program in the State and requesting 

an extension of the 45-day public 

comment period. Commenters in 

opposition to EPA’s approval of the 

State program expressed various 

concerns, including TCEQ’s ties to the 

oil and gas industry, the lack of current 

understanding as to the composition of 

produced waters, and the need for 

updated effluent limitations guidelines 

related to oil and gas discharges. At 

least one commenter acknowledged that 

the State’s program likely met the 

minimum requirements for 

authorization under the CWA and 40 

CFR part 123, but expressed concern 

that the EPA retain sufficient oversight 

over permit review and issuance to 

ensure compliance with the CWA. 

The EPA received 6 comments in 

support of the State’s request for 

program authorization. These 

commenters asserted, among other 

things, that TCEQ has extensive 

experience with writing NPDES permits 

for a wide range of discharges, that the 

requirement to incorporate applicable 

effluent limitations guidelines into 

discharge permits will not change with 

the transfer of NPDES permitting 

authority from EPA to TCEQ, and that 

TCEQ is the agency most knowledgeable 

with regard to the quality of State water 

bodies and the permit requirements 

needed to protect those water bodies. 

All comments received by the EPA 

were considered by the agency in 

making its final decision to approve 

Texas’ request for program 

authorization. Copies of all comments 

received and EPA’s written responses to 

those comments are available at https:// 

www.epa.gov/npdes-permits. 

Additional information about the 

State’s request for partial NPDES 

program authorization, including a copy 

of the State’s application and supporting 

documents, is available at 

www.regulations.gov, Docket No. EPA– 

R06–2020–0608, or at EPA’s Region 6 

web page https://www.epa.gov/npdespermits. Documents from the public 

meeting and a transcript of the public 

hearing are available at the web page. 

On December 17, 2020, the EPA held 

a virtual tribal consultation conference 

to notify affected Tribes of the 

opportunity for formal and informal 

consultation, as well as the availability 

of EPA staff for informal discussions 

through-out the public participation 

process. The federally-recognized Texas 

Tribes that were represented included: 

The Alabama-Coushatta Tribes of Texas 

and the Kickapoo Traditional Tribe of 

Texas. The Ysleta del Sur Pueblo was 

not in attendance. The EPA did not 

receive any comments from the Tribes 

during the 45-day public comment 

period on the State of Texas’s request 

for NPDES program authorization for oil 

and gas discharges within the State or 

a request to initiate formal consultation. 

Therefore, the EPA concluded that a 

formal tribal consultation was not 

required. 

Authority: This action is taken under 

the authority of section 402(b) of the 

Clean Water Act as amended, 33 U.S.C. 

1342(b). Pursuant to 40 CFR 123.61(c), 

I hereby provide public notice of the 

EPA’s final action approving the State of 

Texas’ request for NPDES program 

authorization for discharges of produced 

water, hydrostatic test water, and gas 

plant effluent, otherwise known as oil 

and gas discharges, within the State. 

Dated: February 5, 2021. 

David Gray, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2021–02895 Filed 2–11–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R10–OAR–2020–0563; FRL–10016– 

50–Region 10] 

Final Eligibility Determination for the 

Kalispel Tribe To Be Treated in the 

Same Manner as a State Under 

Provisions of the Clean Air Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces that on 

December 1, 2020, the Environmental 

Protection Agency (EPA) Region 10 

Regional Administrator determined that 

the Kalispel Tribe meets the eligibility 

requirements of the Clean Air Act (CAA) 

to be treated in the same manner as a 

state (TAS) for non-regulatory purposes 

under certain CAA provisions. None of 

the provisions for which the Kalispel 

Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices 9335 

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. EPA–R10–OAR–2020–0563. The 

eligibility determination and other 

docket materials are available 

electronically at the EPA’s 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 

Avenue—Suite 155, Seattle, Washington 

98101, 206–553–1219, 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 301(d), 42 U.S.C. 7601(d), of the 

Clean Air Act (CAA) and the EPA’s 

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 110(a)(2)(D) and 126 

of the CAA, 42 U.S.C. 7410(a)(2)(D) 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 505(a)(2) of the CAA, 42 U.S.C. 

7661d(a)(2)). None of the provisions for 

which the Kalispel Tribe requested 

eligibility entails the exercise of Tribal 

regulatory authority under the CAA. 

The Kalispel Tribe’s TAS application 

thus does not request, and the EPA’s 

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 EPA’s 

regulations, as part of its review process, 

the EPA notified all appropriate 

governmental entities and the public of 

the Kalispel Tribe’s TAS application. In 

these notices, the EPA specified the 

geographic boundaries of the Kalispel 

Reservation as identified in the Kalispel 

Tribe’s application. The EPA afforded 

the appropriate governmental entities 

and the public over 37 days to provide 

written comments regarding any dispute 

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 

301(d)(2) 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 110(a)(2)(D) of the CAA, 42 

U.S.C. 7410(a)(2)(D): 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 505(a)(2) of the CAA, 42 

U.S.C. 7661d(a)(2): Status as an 

‘‘affected State’’ in the context of Title 

V permits issued by other states. 

The EPA’s decision also concludes 

that, for the purposes of this eligibility 

determination, the Kalispel Tribe’s 

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 General’s Map of 

the Kalispel Indian Reservation dated 

May 26, 1919, included in the docket for 

this notice. 

A detailed explanation of the EPA’s 

approval of the Kalispel Tribe’s TAS 

application may be found in the docket 

for this notice. 

Judicial Review: Pursuant to section 

307(b)(1) of the Clean Air Act (42 U.S.C. 

7607(b)(1)), 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. 

[FR Doc. 2021–02956 Filed 2–11–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–9055–3] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information 202– 

564–5632 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 309(a) of the Clean Air 

Act requires that EPA make public its 

comments on EISs issued by other 

Federal agencies. EPA’s comment letters 

on EISs are available at: https://

cdxnodengn.epa.gov/cdx-enepa-public/ 

action/eis/search. 

EIS No. 20210017, Final, FEMA, CT, 

ADOPTION—Resilient Bridgeport, 

Review Period Ends: 03/15/2021, 

Contact: Eric Kuns 202–805–9089. 

The Federal Emergency Management 

Agency (FEMA) has adopted the 

Connecticut Department of Housing 

Final EIS No. 20190215, filed 08/29/ 

2019 with EPA. FEMA was not a 

cooperating agency on this project. 

Therefore, republication of the 

document is necessary under Section 

1506.3(b)(1) of the CEQ regulations. 

EIS No. 20210018, Final, BLM, CA, 

Crimson Solar Project Final 

Environmental Impact Statement and 

Proposed Land Use Amendment to 

the California Desert Conservation 

Area Plan, Review Period Ends: 03/ 

15/2021, Contact: Miriam Liberatore 

951–697–5200. 

Amended Notice 

EIS No. 20200223, Draft, NRC, NM, 

Disposal of Mine Waste at the United 

Nuclear Corporation Mill Site in 

McKinley County, New Mexico, 

Comment Period Ends: 05/27/2021, 

Contact: Ashley Waldron 301–415– 

7317. Revision to FR Notice Published 

12/23/2020; Extending the Comment 

Period from 02/26/2021 to 05/27/ 

2021. 

EIS No. 20200239, Draft, MARAD, 

USCG, TX, Texas Gulflink Deepwater 

Port License Application, Comment 

Period Ends: 01/22/2021, Contact: 

Brad McKitrick 202–372–1443. 

Revision to FR Notice Published 11/ 

27/2020; Correcting the Comment 

Period Due Date from 01/11/2021 to 

01/22/2021; and Correcting the Lead 

Agency to include MARAD. 

EIS No. 20200263, Draft, DOE, ID, Draft 

Versatile Test Reactor Environment