11674 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

0007–RM, online through eCRB at 

https://app.crb.gov. 

Instructions: All submissions received 

must include the Copyright Royalty 

Board name and the docket number for 

this proposed rule. All comments 

received will be posted without change 

to eCRB at https://app.crb.gov, 

including any personal information 

provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to eCRB at 

https://app.crb.gov and perform a case 

search for docket 21–CRB–0007–RM. 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, at 

202–707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Copyright 

Royalty Board (CRB) Rule 351.9 

addresses the procedures the Copyright 

Royalty Judges (Judges) follow in 

conducting hearings. 37 CFR 351.9. 

Although the rule does not currently 

specify the location for such hearings, 

historically they have been conducted 

in person at facilities within the Library 

of Congress in Washington, DC. During 

the COVID–19 pandemic, however, the 

Library of Congress’s facilities have 

been closed to the public, which has 

required the Judges to conduct 

proceedings virtually. It is uncertain 

when the Library’s facilities will again 

be available for public hearings. 

Therefore, the Judges believe that it is 

appropriate to codify the fact that future 

hearings may be conducted physically, 

either at the Library of Congress or an 

alternative location, or virtually, at the 

Judges’ discretion, which this proposed 

rule would accomplish. The Judges seek 

comments on all aspects of the proposed 

rule. 

For the reasons stated in the 

preamble, the Judges propose to amend 

37 CFR part 351 as set forth below: 

List of Subjects in 37 CFR Part 351 

Administrative practice and 

procedure, Copyright. 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to amend part 351 of title 37 of 

the Code of Federal Regulations as 

follows: 

PART 351—PROCEEDINGS 

■ 1. The authority citation for part 351 

continues to read: 

Authority: 17 U.S.C. 803. 

■ 2. Revise § 351.9(a) to read as follows: 

§ 351.9 Conduct of hearings. 

(a)(1) By panels. Subject to paragraph 

(b) of this section, hearings will be 

conducted by Copyright Royalty Judges 

sitting en banc. 

(2) Location. Hearings will be 

conducted in person at the Library of 

Congress or an alternative location, or 

virtually, at the Judges’ discretion. 

* * * * * 

Dated: February 9, 2021. 

Jesse M. Feder, 

Chief Copyright Royalty Judge. 

[FR Doc. 2021–02946 Filed 2–25–21; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R08–OAR–2020–0742; FRL–10020– 

09–Region 8] 

Approval of the Tribal Implementation 

Plan for the Northern Cheyenne Tribe 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

Tribal Implementation Plan (TIP) 

submitted by the Northern Cheyenne 

Tribe (Tribe) on September 25, 2017, to 

regulate air pollution within the exterior 

boundaries of the Tribe’s Northern 

Cheyenne Indian Reservation and four 

tribal trust parcels (collectively, the 

Reservation). The EPA is proposing to 

approve the TIP based on maintenance 

of the National Ambient Air Quality 

Standards (NAAQS) through a 

permitted open burning program. The 

EPA is taking this action pursuant to 

sections 110(o), 110(k)(3), and 301(d) of 

the Clean Air Act (CAA or the Act). 

DATES: Comments: Written comments 

must be received on or before March 29, 

2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2020–0742, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit: 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the 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 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Olson, Air and Radiation Division, EPA, 

Region 8, Mailcode 8ARD–TRM, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6002, 

olson.kyle@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ 

‘‘us,’’ or ‘‘our’’ means the EPA. 

Table of Contents 

I. The EPA Action Being Proposed Today 

II. Introduction 

III. Background 

IV. Tribal Implementation Plan Requirements 

A. What is required for the approval of a 

Tribal Implementation Plan? 

V. Northern Cheyenne Tribe’s TIP Submittal 

A. Northern Cheyenne Tribe TAS 

Eligibility 

B. What authority does the Northern 

Cheyenne Tribe’s Department of 

Environmental Protection and Natural 

Resources (DEPNR) have? 

C. What role does the EPA have in criminal 

enforcement? 

D. When did the Northern Cheyenne Tribe 

adopt the TIP under Tribal Law? 

E. What is included in the Northern 

Cheyenne Tribe’s TIP submittal? 

1. Ambient Air Quality Standards 

2. Open Burning Program 

3. Enforcement 

VI. What EPA action is being taken today? 

VII. Incorporation by Reference 

VIII. Statutory and Executive Order Reviews 


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Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 11675 

1United States Environmental Protection Agency, 

Office of Air Quality and Planning Standards. 

Developing a Tribal Implementation Plan. chapters 

2 and 4. https://www.epa.gov/sites/production/files/ 

2018-09/documents/developing_a_tribal_

implementation_plan_sept._2018_1.pdf. 2018. 

I. The EPA Action Being Proposed 

Today 

The EPA is proposing approval of the 

Tribe’s TIP submission which contains 

programs to address: Ambient air 

quality standards for sulfur dioxide 

(SO2), particulate matter (PM10 and 

PM2.5), nitrogen dioxide (NO2), ozone 

(O3), carbon monoxide (CO), and lead; 

permitting; open burning; and 

enforcement. 

II. Introduction 

The Tribe is a federally-recognized 

Indian tribe by the U.S. Secretary of the 

Interior. See 85 FR 5462, 5464 (January 

30, 2020). Beginning in 2017, the Tribe, 

with assistance from the EPA, began 

developing a draft TIP and its various 

elements with the goal of eventually 

submitting the TIP to the EPA for 

approval. On September 25, 2017, the 

Tribe requested that the EPA find the 

Tribe eligible for treatment in a similar 

manner as a state (TAS), pursuant to 

section 301(d) of the CAA and Title 40 

part 49 of the Code of Federal 

Regulations (CFR), for the purpose of 

developing and carrying out a TIP. The 

Tribe also formally submitted the TIP to 

the EPA on September 25, 2017. On 

June 22, 2020, the EPA determined that 

the Tribe is eligible for TAS for that 

purpose. Having found that the Tribe is 

eligible for TAS, the EPA is now 

proposing to approve the Tribe’s TIP. 

The Tribe’s TIP has been developed to 

protect the Reservation populace from 

air pollution by controlling open 

burning sources. The TIP establishes 

primary and secondary ambient air 

quality standards for CO, lead, SO2, 

PM10, PM2.5, NO2, and O3. The TIP also 

establishes an open burning permitting 

program and enforcement authorities. 

III. Background 

The CAA was originally enacted in 

1963 and has been significantly 

amended over the years (most notably in 

1970, 1977, and 1990). Among other 

things, the Act: Requires the EPA to 

establish NAAQS for certain pollutants; 

requires the EPA to develop programs to 

address specific air quality problems; 

establishes the EPA’s enforcement 

authority; and provides for air quality 

research. As part of the 1990 

amendments, Congress added section 

301(d) to the Act authorizing the EPA to 

treat eligible Indian tribes ‘‘in the same 

manner as states’’ and directing the EPA 

to promulgate regulations specifying 

those provisions of the Act for which 

TAS is appropriate. In February of 1998, 

the EPA implemented this requirement 

by promulgating the Tribal Authority 

Rule (TAR) (63 FR 7254 (February 12, 

1998), codified at 40 CFR part 49). The 

EPA included relevant provisions 

relating to implementation plans among 

the provisions for which TAS is 

appropriate (exceptions are identified in 

40 CFR 49.4). 

Under the provisions of the Act and 

the EPA’s regulations, Indian tribes 

must demonstrate that they meet the 

criteria in section 301(d) of the Act and 

the TAR in order to be eligible for TAS. 

The eligibility criteria are: (1) The 

Indian tribe is federally recognized; (2) 

the Indian tribe has a governing body 

carrying out substantial governmental 

duties and powers; (3) the functions the 

Indian tribe is applying to carry out 

pertain to the management and 

protection of air resources within the 

exterior boundaries of the reservation 

(or other areas within the Indian tribe’s 

jurisdiction); and (4) the Indian tribe is 

reasonably expected to be capable of 

performing the functions the Indian 

tribe is applying to carry out in a 

manner consistent with the terms and 

purposes of the Act and all applicable 

regulations. 

An implementation plan is a set of 

programs and regulations developed by 

the appropriate regulatory agency in 

order to assure healthy air quality 

through the attainment and 

maintenance of the NAAQS. These 

plans can be developed by states, 

eligible Indian tribes, or the EPA, 

depending on the entity with 

jurisdiction and the EPA’s approval in 

a particular area. 

For states, these plans are referred to 

as State Implementation Plans or SIPs. 

For eligible Indian tribes, these plans 

are called TIPs. Occasionally, the EPA 

will develop an implementation plan for 

a specific area or source. This is referred 

to as a Federal Implementation Plan or 

a FIP. Once final approval is published 

in the Federal Register, the provisions 

of an implementation plan become 

federally enforceable. An applicable 

implementation plan may be comprised 

of both TIPs and FIPs or SIPs and FIPs. 

The contents of a typical 

implementation plan may fall into three 

categories: (1) Enforceable emission 

limitations and other control measures, 

means, or techniques, as well as 

schedules and timetables for 

compliance; (2) ‘‘non-regulatory’’ 

components (e.g., attainment plans, rate 

of progress plans, emission inventories, 

statutes demonstrating legal authority, 

monitoring programs); and (3) 

additional requirements promulgated by 

the EPA (in the absence of a 

commensurate state or tribal provision) 

to satisfy a mandatory CAA section 110 

or part D requirement. The 

implementation plan is a living 

document which can be revised by the 

state or eligible Indian tribe as necessary 

to address air pollution problems. 

Accordingly, the EPA from time to time 

must take action on implementation 

plan revisions which may contain new 

and/or revised regulations that will 

become part of the implementation 

plan. 

Upon submittal to the EPA, the EPA 

reviews implementation plans for 

conformance with federal policies and 

regulations. If the implementation plan 

conforms, the state’s or eligible Indian 

tribe’s regulations become federally 

enforceable upon EPA approval. The 

codification is usually accomplished by 

notice-and-comment rulemaking, with 

publications of proposed and final rules 

in the Federal Register. 

IV. Tribal Implementation Plan 

Requirements 

What is required for the approval of a 

Tribal Implementation Plan? 

For a tribe to receive EPA approval of 

a TIP, the tribe must, among other 

things, obtain a determination from the 

EPA that the tribe is eligible for TAS for 

purposes of the TIP and submit to the 

EPA a TIP that satisfies requirements of 

the Act and relevant regulations that 

apply to the plan elements and 

functions the tribe seeks to carry out. 

The following technical elements in a 

TIP may include, but are not limited 

to: 1

• A list of regulated pollutants 

affected by the plan; 

• Documentation that the plan 

contains emission limitations, work 

practice standards, and recordkeeping/ 

reporting requirements; and 

• Regulations. 

The TAR allows tribes to develop, 

adopt, and submit an implementation 

plan for approval as a TIP in a modular 

fashion, so it may not be necessary to 

meet all of the requirements identified 

above. 

The EPA has the authority, under the 

Act, to enforce the regulations in an 

approved TIP. The EPA recognizes that, 

in certain circumstances, eligible Indian 

tribes have limited criminal 

enforcement authority. The TAR 

specifically provides that such 

limitations on an Indian tribe’s criminal 

enforcement authority do not prevent a 

TIP from being approved. Where 

implementation of the TIP requires 

criminal enforcement authority, and to 


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11676 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

2Northern Cheyenne TAS/TIP Application, 

section J, page 1. 

3Northern Cheyenne TAS/TIP Application, 

Resolution No. DOI–201(2017), section Z, page 2. 

the extent a tribe is precluded from 

asserting such authority, the federal 

government will exercise primary 

criminal enforcement responsibility. A 

memorandum of agreement between an 

Indian tribe and the EPA is an 

appropriate way to address 

circumstances in which the tribe is 

incapable of exercising applicable 

enforcement requirements as described 

in 40 CFR 49.7(a)(6) and 40 CFR 49.8. 

The memorandum of agreement shall 

include a process by which the tribe 

will provide potential investigative 

leads to the EPA and/or other 

appropriate federal agencies in an 

appropriate and timely manner. 

V. Northern Cheyenne Tribe’s TIP 

Submittal 

A. Northern Cheyenne Tribe TAS 

Eligibility 

On September 25, 2017, the Tribe 

requested an EPA determination under 

the provisions of 40 CFR 49.7 that the 

Tribe is eligible for TAS for the purpose 

of developing a TIP for air quality. On 

June 22, 2020, the EPA determined that 

the Tribe meets the eligibility 

requirements of section 301(d) of the 

Act and 40 CFR 49.6 for the purposes 

of developing and carrying out an 

implementation plan under the Act. 

EPA’s decision on the TAS is final and 

is provided as background only in this 

action. It is not subject to further public 

comment as part of this TIP approval. 

B. What authority does the Northern 

Cheyenne Tribe’s Department of 

Environmental Protection and Natural 

Resources (DEPNR) have? 

The Northern Cheyenne Tribal 

Council gave the DEPNR authority to 

administer the Northern Cheyenne 

Clean Air Act (NCCAA) programs on 

behalf of the Tribe in Tribal Ordinance 

No. DOI–008 (2017) dated December 7, 

2016. The Northern Cheyenne Tribal 

Council had the authority to take this 

action pursuant to Article IV, Section 

1(a), (i), and (r) of the Tribe’s Amended 

Constitution and Bylaws.2 Tribal 

Ordinance NO. DOI–008 (2017) 

authorized the DEPNR to administer the 

NCCAA programs, as allowed under the 

Act and the EPA’s regulations. 

C. What role does the EPA have in 

criminal enforcement? 

The Tribe did not submit, and EPA is 

not proposing to approve, any criminal 

enforcement authority under the TIP. 

Accordingly, the EPA is responsible for 

pursuing any criminal enforcement 

action for violations of the Act or 

implementing regulations that occur in 

Indian country. Consistent with 49 CFR 

49.7(a)(6) and 49 CFR 49.8, on May 14, 

2020, the Tribe entered into a 

Memorandum of Agreement (MOA) 

with EPA Region 8 concerning criminal 

enforcement of air pollution rules and 

regulations as part of the TAS 

application process. Under the terms of 

this MOA, the Tribe would refer alleged 

criminal violations of the Act that 

exceed the Tribe’s criminal authority to 

EPA Region 8 if the EPA approves the 

Tribe for CAA criminal enforcement 

authorities in the future. Neither the 

proposed action nor the MOA prevent 

the Tribe from pursuing criminal 

enforcement actions within the Tribe’s 

criminal authority under tribal law. 

D. When did the Northern Cheyenne 

Tribe adopt the TIP under Tribal Law? 

On December 7, 2016, the NCCAA 

was approved by the Tribal Council as 

Tribal Ordinance No. DOI–008 (2017). 

On September 12, 2017, the Tribal 

Council passed Resolution No. DOI–201 

(2017) authorizing submission of the 

NCCAA to the EPA as a TIP under the 

Act. The Tribe’s staff completed the 

public notification process for a TIP 

required by 40 CFR 51.102 and received 

no public comments and no requests for 

a public hearing regarding the TIP.3 In 

addition, the Tribe has posted the 

NCCAA on the Tribe’s website. 

E. What is included in the Northern 

Cheyenne Tribe’s TIP submittal? 

The Tribe’s TIP submittal includes 

ambient air quality standards for CO, 

lead, NO2, O3, PM10, PM2.5, and SO2, 

and provisions for an open burning 

permit program, enforcement and 

appeals, and emergency authority. 

1. Ambient Air Quality Standards 

The EPA has established primary and 

secondary NAAQS for six air pollutants: 

CO, lead, NO2, O3, PM10/PM2.5, and SO2. 

See https://www.epa.gov/criteria-airpollutants/naaqs-table. Most pollutants 

regulated by the NAAQS have two 

limits. The ‘‘primary’’ standard is 

designed to protect the public— 

including children, people with asthma, 

and the elderly—from health risks. The 

‘‘secondary’’ standard is to prevent 

unacceptable effects on the public 

welfare, e.g., damage to crops and 

vegetation, buildings and property, and 

ecosystems. 

The Tribe established primary and 

secondary air quality standards, which 

will remain consistent with any future 

EPA updates to the NAAQS, for the 

following air pollutants: 

Pollutant Primary/secondary Averaging 

time Level Form 

Carbon Monoxide (CO) .......... primary .................................... 8 hours ..............

1-hour ................

9 ppm ................

35 ppm 

Not to be exceeded more than once per year. 

Lead (Pb) ................................ primary and secondary ........... Rolling 3 month 

period.

0.15 μg/m3 ........ Not to be exceeded. 

Nitrogen Dioxide (NO2) .......... primary .................................... 1-hour ................ 100 ppb ............. 98th percentile of 1-hour daily maximum concentrations, 

averaged over 3 years. 

primary and secondary ........... 1 year ................ 53 ppb ............... Annual Mean. 

Ozone (O3) ............................. primary and secondary ........... 8 hours .............. 0.070 ppm ......... Annual fourth-highest daily maximum 8-hour concentration, 

avereaged over 3 years. 

Particle Pollution (PM): 

PM2.5 ............................... primary .................................... 1 year ................ 12.0 μg/m3 ........ Annual mean, averaged over 3 years. 

secondary ............................... 1 year ................ 15.0 μg/m3 ........ Annual mean, averaged over 3 years. 

primary and secondary ........... 24 hours ............ 35 μg/m3 ........... 98th percentile, averaged over 3 years. 

PM10 ................................ primary and secondary ........... 24 hours ............ 150 μg/m3 ......... Not to be exceeded more than once per year on average 

over 3 years. 

Sulfur Dioxide (SO2) ............... primary .................................... 1-hour ................ 75 ppb ............... 99th percentile of 1-hour daily maximum concentrations, 

averaged over 3 years. 

secondary ............................... 3 hours .............. 0.5 ppm ............. Not to be exceeded more than once per year. 


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Accordingly, the EPA proposes to 

approve the Tribe’s standards for the 

pollutants listed in the table above, 

which are the same as the NAAQS, for 

incorporation into the TIP. 

2. Open Burning Program 

The proposed TIP establishes a 

general prohibition on open burning on 

the Reservation (see NCCAA Section 

5.1), unless otherwise exempted under 

NCCAA Section 5.2 (i.e., open burning 

for cultural, traditional, or spiritual 

purposes or open burning activity that 

is less than four feet in diameter and 

less than three feet in height) or is 

permitted under NCCAA Section 5.7. 

The Tribe reserves the right to issue 

burn bans, per NCCAA Section 5.6, and 

prohibits the burning of listed materials 

in NCCAA Section 5.4 (unless 

authorized for training fires). 

Permitting procedures for open 

burning are specified in NCCAA Section 

5.7. Permits are required for open 

burning activity on the Reservation that 

is four or more feet in diameter or three 

or more feet in height (unless exempted 

under NCCAA Section 5.2) prior to 

commencing open burning activities. 

Permits may be issued only if the Air 

Quality Administrator determines, in 

consultation with the appropriate 

Bureau of Indian Affairs, Northern 

Cheyenne Agency personnel, that the 

proposed open burning activity will not 

cause an adverse impact on Reservation 

air quality or otherwise endanger public 

health or welfare on the Reservation. 

Permits are also required to contain 

certain minimum permit conditions, 

including setback requirements, 

equipment and supply requirements, 

wind speed limitations, and 

extinguishment conditions, etc. 

Violations of any applicable permit 

terms or conditions are considered 

violations of the NCCAA. For all 

permitted open burning activities, the 

permittee must notify the Air Quality 

Administrator at least two working days 

prior to commencing an open burning 

activity and must notify Northern 

Cheyenne Fire Protection not less than 

one hour prior to commencing the open 

burning activity (during regular 

business hours). Section 5.5 of the 

NCCAA specifies, however, that no 

person shall commence or continue an 

open burning activity within the 

Reservation that is determined by the 

Director of the Tribe’s DEPNR, in 

consultation with the Air Quality 

Administrator, to cause or contribute to 

an exceedance of any Northern 

Cheyenne Ambient Air Quality 

Standard. The EPA is proposing to 

approve the conditions and procedures 

the Tribe has established for its open 

burning permitting program. 

3. Enforcement 

Section 3 of the proposed TIP covers 

civil enforcement and appeals. Under 

the TIP, the Tribe’s Air Quality 

Administrator can issue compliance 

orders for TIP violations. A compliance 

order can include civil penalties up to 

$5,000 per day for each violation and an 

assessment of costs incurred by DEPNR. 

The Air Quality Administrator can file 

an action in Northern Cheyenne Tribal 

Court pursuant to the Northern 

Cheyenne Rules of Civil Procedure to 

enforce a penalty order or to seek 

preliminary injunctive relief against any 

person who is suspected to have 

violated the TIP or a compliance order. 

Alleged violators can challenge 

compliance orders by petitioning the 

DEPNR Director for administrative 

review within 30 days of receiving the 

order. The Director shall promptly 

review petitions for administrative 

review and issue a written decision that 

upholds, vacates, or modifies the order. 

Alleged violators can challenge a 

decision by the Director by filing an 

action in Northern Cheyenne Tribal 

Court pursuant to the Northern 

Cheyenne Rules of Civil Procedure. The 

Tribal Court shall uphold any decision 

by the Director unless it is arbitrary and 

capricious or contrary to law. 

The EPA finds the Tribe has 

adequately established an enforcement 

mechanism to carry out its regulations, 

and the EPA proposes to approve it. 

VI. What EPA action is being taken 

today? 

The EPA is proposing approval of the 

Tribe’s proposed TIP, which contains 

programs to address ambient air quality 

standards for the NAAQS pollutants, an 

open burning program, and enforcement 

provisions. The public docket contains 

the Tribe’s proposed TIP, TAS eligibility 

determination, and enforcement MOA 

with the EPA. 

VII. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, the EPA is proposing to 

incorporate by reference the TIP 

amendments described in Section VI of 

this preamble. The EPA has made, and 

will continue to make, these materials 

generally available through 

www.regulations.gov (refer to docket 

EPA–R08–OAR–2020–0742). 

VIII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP or TIP 

submission that complies with the 

provisions of the Act and applicable 

Federal regulations. See 42 U.S.C. 

7410(k); 40 CFR 52.02(a). In reviewing 

TIP submissions, the EPA’s role is to 

approve tribal choices, provided that 

they meet the criteria of the CAA. 

Accordingly, this proposed action 

merely proposes to approve tribal law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by tribal law. For 

that reason, this proposed 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because this action is not 

significant under Executive Order 

12866; 

• 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. 104–4); 

• 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); 

• 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 CAA; and 

• Does not provide the 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). 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 


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1See EPA’s ‘‘Interim Air Quality Policy on 

Wildland and Prescribed Fires’’ May 15, 1998. 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires the 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ The EPA has concluded 

that this proposed rule will have tribal 

implications in that it will have 

substantial direct effects on the 

Northern Cheyenne Tribe. However, it 

will neither impose substantial direct 

compliance costs on tribal governments 

nor preempt tribal law. The EPA is 

proposing to approve the TIP at the 

request of the Tribe. Tribal law will not 

be preempted as the Tribe has already 

incorporated the TIP into Tribal law on 

December 7, 2016. The Tribe has 

applied for, and fully supports, the 

proposed approval of the TIP. If it is 

approved, the TIP will become federally 

enforceable. 

List of Subjects in 40 CFR Part 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Indians, Indians—law, 

Indians—tribal government, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

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

Dated: February 17, 2021. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2021–03826 Filed 2–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2020–0541; FRL–10019– 

42–Region 8] 

Approval and Promulgation of 

Implementation Plans; Utah; R307–204 

Emission Standards: Smoke 

Management 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision package submitted by the State 

of Utah on November 5, 2019. The 

November 5, 2019 revision amends 

R307–204 to meet the requirements set 

forth in Utah’s 2019 House Bill (H.B.) 

155. This action is being taken under 

section 110 of the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 29, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2020–0541, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the 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 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: 

Amrita Singh, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, (303) 

312–6103, singh.amrita@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Specifically, EPA is proposing to 

approve revisions to sections: R307– 

204–1. Purpose and Goals; R307–204–2. 

Applicability; R307–204–3. Definitions; 

R307–204–4. General Requirements; 

R307–204–5. Burn Schedule; R307– 

204–6. Small Prescribed Fires (de 

minimis); R307–204–7. Small 

Prescribed Fires (de minimis); R307– 

204–8. Large Prescribed Fires; R307– 

204–9. Large Prescribed Pile Fires; and 

R307–204–10. Requirements for 

Wildland Fire Use Events. 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

The EPA’s Interim Air Quality Policy 

on Wildland and Prescribed Fires 1 was 

designed to integrate two public policy 

goals, (1) to allow fire to function as 

nearly as possible, in its natural role in 

maintaining healthy wildland 

ecosystems, and (2) to protect public 

health and welfare by mitigating the 

impacts of air pollutant emissions on air 

quality and visibility. The document 

expands on the responsibilities of 

wildland owners/managers and state/ 

tribal air quality managers to coordinate 

fire activities, minimize air pollutant 

emissions, manage smoke from 

prescribed fires as well as wildland fires 

used for resource benefits, and establish 

emergency action programs to mitigate 

the unavoidable impacts on the public. 

EPA does not directly regulate the use 

of fire within a state or in Indian 

country. The agency’s authority is to 

enforce the requirements of the CAA, 

which requires states to attain and 

maintain the National Ambient Air 

Quality Standards (NAAQS) adopted to 

protect public health and welfare. The 

Air Quality Policy on Wildland and 

Prescribed Fires recommends that 

states/tribes implement Smoke 

Management Plans (SMPs) to mitigate 

the public health and welfare impacts of 

fires managed for resource benefits. The 

SMPs establish a basic framework of 

procedures and requirements for 

managing smoke from fires managed for 

resource benefits and are typically 

developed by states/tribes with 

cooperation and participation by 

wildland owners/managers. The goal of 

SMPs is to prevent deterioration of air 

quality and NAAQS violations; to 

address visibility impacts in mandatory 

Class 1 Federal areas; and to reduce the 

nuisance and public safety hazards 

posed by smoke intrusions into 

populated areas. 

The SMP serves as the operational 

plan for the state administrative rule, 

R307–204, by providing the direction 

and operating procedures for all 

organizations involved in the use of 

prescribed fire, wildfire, and wildland 

fire use. The procedures that land 

managers are required to follow to 

mitigate the impact of smoke on public 

health and visibility in the State is 

established by the rule, R307–204. The 


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