This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

48880 

Vol. 75, No. 155 

Thursday, August 12, 2010 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 300 

[REG–139343–08] 

RIN 1545–BI71 

User Fees Relating to Enrollment and 

Preparer Tax Identification Numbers; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking and notice of a public 

hearing. 

SUMMARY: This document contains a 

correction to a notice of proposed 

rulemaking and notice of a public 

hearing (REG–139343–08) that was 

published in the Federal Register on 

Friday, July 23, 2010 (75 FR 43110). The 

proposed regulations contain proposed 

amendments to regulations relating to 

the imposition of certain user fees on 

certain tax practitioners. The proposed 

regulations establish a new user fee for 

individuals who apply for or renew a 

preparer tax identification number. 

FOR FURTHER INFORMATION CONTACT: 

Emily M. Lesniak, (202) 622–4940 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

and notice of a public hearing that is the 

subject of this document is under 

section 6109 of the Internal Revenue 

Code. 

Need for Correction 

As published, the notice of proposed 

rulemaking and notice of a public 

hearing (REG–139343–08) contains an 

error that is misleading and is in need 

of clarification. 

Correction to Publication 

Accordingly, the notice of proposed 

rulemaking and notice of a public 

hearing which was the subject of FR 

Doc. 2010–18198 is corrected as follows: 

On page 43110, column 1, in the 

heading, line 5, the language ‘‘RIN 1545– 

B171’’ is corrected to read ‘‘RIN 1545– 

BI71’’. 

LaNita VanDyke, 

Branch Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedure and 

Administration). 

[FR Doc. 2010–19881 Filed 8–11–10; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R09–OAR–2007–0296, FRL–9188–9] 

Approval and Promulgation of Gila 

River Indian Community’s Tribal 

Implementation Plan 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve the 

Gila River Indian Community’s (GRIC or 

the Tribe) Tribal Implementation Plan 

(TIP) under the Clean Air Act (CAA) to 

regulate air pollution within the exterior 

boundaries of the Tribe’s reservation. 

The proposed TIP is one of four CAA 

regulatory programs that comprise the 

Tribe’s Air Quality Management Plan 

(AQMP). EPA approved the Tribe for 

treatment in the same manner as a State 

(Treatment as State or TAS) for 

purposes of administering the AQMP 

and other CAA authorities on October 

21, 2009. In this action we propose to 

act only on those portions of the AQMP 

that constitute a TIP containing 

severable elements of an 

implementation plan under CAA 

section 110(a). The proposed TIP 

includes general and emergency 

authorities, ambient air quality 

standards, permitting requirements for 

minor sources of air pollution, 

enforcement authorities, procedures for 

administrative appeals and judicial 

review in Tribal court, requirements for 

area sources of fugitive dust and fugitive 

particulate matter, general prohibitory 

rules, and source category-specific 

emission limitations. The purpose of the 

proposed TIP is to implement, maintain, 

and enforce the National Ambient Air 

Quality Standards (NAAQS) in the GRIC 

reservation. The intended effect of 

today’s proposed action is to make the 

GRIC TIP federally enforceable. 

DATES: Comments must be received on 

or before September 13, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2007–0296, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: tax.wienke@epa.gov 

• Fax: 415–947–3579 

• Mail: Wienke Tax, Air Planning 

Office, Environmental Protection 

Agency, Region 9 Office, 75 Hawthorne 

Street, San Francisco, CA 94105–3901. 

• Hand Delivery: Wienke Tax, Air 

Planning Office, Environmental 

Protection Agency, Region 9 Office, 75 

Hawthorne Street, San Francisco, CA 

94105–3901. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8 to 4:55 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R09–OAR–2007– 

0296. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

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Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Proposed Rules 48881 

1The TIP is one of four regulatory programs that 

comprise the AQMP. The other three AQMP 

programs implement the New Source Performance 

Standards (NSPS) under CAA 111; the National 

Emission Standards for Hazardous Air Pollutants 

(NESHAP) under CAA 112; and title V operating 

permit requirements. Although the procedural 

requirements in the GRIC’s AQMP apply to the 

adoption, submission, and revision of all AQMP 

programs, in this action we are proposing to 

approve these procedures as part of and only for the 

purposes of the TIP. 

2To date, GRIC has adopted only those Federal 

NAAQS that were effective as of October 2006. This 

does not alter the applicability, within the GRIC 

reservation, of any CAA requirement based on a 

new or revised NAAQS that the Tribe has not yet 

adopted under Tribal law. Nonetheless, to avoid 

confusion, we encourage the GRIC to adopt all new 

or revised Federal NAAQS as Tribal standards and 

to submit them to EPA as revisions to the TIP. 

3EPA has also previously approved the Tribe’s 

applications for TAS eligibility for tribal water 

pollution control grants under Section 106 of the 

Clean Water Act (CWA) (March 1990), air pollution 

control grants under Section 105 of the CAA (March 

1999), and non point source management grants 

under Section 319 of the CWA (February 2004). 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

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 either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Office, U.S. 

Environmental Protection Agency, 

Region 9, 75 Hawthorne Street, San 

Francisco, California, 94105–3901. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Air Planning Office, 

Environmental Protection Agency, 

Region 9 Office, 75 Hawthorne Street, 

San Francisco, CA 94105–3901, (415) 

947–4192 or tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. CAA Requirements and the Role of Indian 

Tribes 

A. What authorities may Indian Tribes 

obtain under the CAA? 

B. What criteria must an Indian Tribe meet 

to be treated in the same manner as a 

State under the CAA? 

C. What is a CAA Implementation Plan? 

D. What is a Tribal Implementation Plan? 

III. Evaluation of the GRIC’s Implementation 

Authorities 

A. How did the GRIC demonstrate 

eligibility to be treated in the same 

manner as a State under the CAA? 

B. How would the GRIC administer and 

enforce the TIP? 

IV. Evaluation of the GRIC’s Tribal 

Implementation Plan 

A. What air quality goals does the GRIC 

TIP address? 

B. What procedural requirements did the 

GRIC satisfy? 

C. What authorities and requirements does 

the GRIC TIP contain? 

1. General Provisions 

2. Permit Requirements 

3. Enforcement 

4. Administrative Appeals and Judicial 

Review 

5. Area Source Emissions Limits 

6. Generally Applicable Individual Source 

Requirements for Existing and New 

Sources 

7. Source/Category-Specific Emission 

Limits for Existing and New Sources 

D. What other information has the GRIC 

submitted to support the TIP? 

1. Emissions Inventory 

2. Air Quality Monitoring Network 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Background 

EPA is proposing to approve a TIP 

submitted by the GRIC for approval 

under section 110 of the CAA. The 

proposed TIP contains general and 

emergency authorities; procedures for 

the preparation, adoption, and 

submission of the GRIC’s TIP and 

broader air quality management plan 

(AQMP) 1; provisions adopting the 

National Ambient Air Quality Standards 

(NAAQS) for sulfur dioxide, particulate 

matter, nitrogen dioxide, ozone, lead 

and carbon monoxide, as Tribal 

standards 2; permit requirements for 

new and existing minor sources of air 

pollutants; procedures for civil and 

criminal enforcement; requirements and 

procedures for administrative appeals 

and judicial review in Tribal court; 

requirements for area sources of fugitive 

dust and fugitive particulate matter; 

general prohibitory rules for existing 

and new sources; and source categoryspecific emission limits and standards 

for existing and new sources. The Tribe 

also submitted an inventory of emission 

sources on the reservation and 

information about its air quality 

monitoring program to support the TIP. 

The Gila River Indian Community is 

an Indian tribe federally recognized by 

the U.S. Secretary of the Interior (see 67 

FR 46328, July 12, 2002). The GRIC 

Department of Environmental Quality 

(DEQ) was established by executive 

order in August 1995 by then-Governor 

Mary Thomas. Beginning in 1998, the 

GRIC DEQ, with assistance from EPA, 

began developing a draft AQMP with 

the goal of submitting it to EPA for 

approval under the CAA. On December 

6, 2006, the GRIC also submitted a 

request that we find the Tribe eligible 

for 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 implementing the 

AQMP. Specifically, the GRIC DEQ 

requested a TAS eligibility 

determination for purposes of 

implementing four CAA programs that 

together comprise the AQMP: (1) A 

Tribal Implementation Plan (TIP) that 

includes source-specific rules and a 

minor source permit program under 

CAA section 110; (2) the Federal New 

Source Performance Standards (NSPS) 

under CAA section 111; (3) the Federal 

National Emissions Standard for 

Hazardous Air Pollutants (NESHAP) 

under CAA section 112; and (4) an 

operating permit program under title V 

of the Act. In addition, the Tribe 

requested TAS for receiving 

notifications as an ‘‘affected State’’ under 

title V of the CAA and submitting 

recommendations to EPA on air quality 

designations under CAA section 107(d). 

On October 21, 2009, EPA determined 

that the Tribe is eligible for TAS for 

these purposes.3

The GRIC formally submitted the 

AQMP to EPA Region 9 on February 21, 

2007, and submitted supplemental 

materials on July 11, 2007, June 22, 

2009, and July 17, 2010. Having found 

that the GRIC is eligible for TAS to 

implement these regulatory programs, 

EPA is now proposing to approve the 

Tribe’s TIP. We intend to act on the 

Tribe’s title V operating permit program 

and request for delegation of the NSPS 

and NESHAPs in separate notice and 

comment processes, as appropriate. 

Approval and implementation of the 

GRIC TIP will be an important step in 

ensuring that basic air quality protection 

is in place to protect public health and 

welfare in the GRIC reservation, 

consistent with the CAA’s overarching 

goals of protecting air resources 

throughout the nation, including air 

resources in Indian Country. 

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48882 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Proposed Rules 

4For a brief description of some of the many 

programs contained in the CAA, see ‘‘Addendum A 

to Preamble—General Description of Clean Air Act 

Programs,’’ 59 FR 43956 at 43976 (August 25, 1994) 

(Indian Tribes: Air Quality Planning and 

Management, proposed rule). 

II. CAA Requirements and the Role of 

Indian Tribes 

A. What authorities may Indian Tribes 

obtain under the CAA? 

The CAA is implemented in two basic 

ways.4 In the first approach, EPA is 

primarily responsible both for setting 

national standards or interpreting the 

requirements of the Act and for 

implementing the Federal requirements 

that are established. In general, this 

approach is reserved for programs 

requiring a high degree of uniformity in 

their implementation—e.g., regulation 

of substances that deplete stratospheric 

ozone under Title VI of the Act. See 59 

FR 43956 at 43957. 

The principal method of CAA 

implementation, however, is through a 

cooperative partnership between the 

states and EPA. While this partnership 

can take several shapes, generally EPA 

issues national standards or Federal 

requirements and the states assume 

primary responsibility for implementing 

these requirements. Prior to assuming 

implementation responsibility, states 

must submit their programs to EPA and 

must demonstrate that their programs 

meet minimum Federal CAA 

requirements. Among these 

requirements is the mandate that states 

demonstrate that they have adequate 

legal authority and resources to 

implement the programs. If a State 

program is approved or if the authority 

to implement a Federal program is 

delegated to a State, EPA maintains an 

ongoing oversight role to ensure that the 

program is adequately enforced and 

implemented and to provide technical 

and policy assistance. See 59 FR 43956 

at 43957. 

As part of the 1990 Amendments to 

the CAA, Congress enacted Section 

301(d) authorizing EPA to ‘‘treat Indian 

tribes as States’’ under the Act so that 

Tribes may develop and implement 

CAA programs in the same manner as 

States within Tribal reservations or in 

other areas subject to Tribal jurisdiction. 

Section 301(d)(2) of the Act authorizes 

EPA to promulgate regulations 

specifying those provisions of the CAA 

‘‘for which it is appropriate to treat 

Indian tribes as States.’’ 42 U.S.C. 

7601(d)(2). 

On February 12, 1998, EPA issued a 

final rule specifying those provisions of 

the CAA for which it is appropriate to 

treat eligible Indian tribes in the same 

manner as states, known as the Tribal 

Authority Rule (TAR). 63 FR 7254, 

codified at 40 CFR part 49. As a general 

matter, EPA determined in the TAR that 

it is not appropriate to treat tribes in the 

same manner as states for purposes of 

specific program submittal and 

implementation deadlines. This is 

because, among other reasons 

(discussed at 59 FR at 43964–65), 

although the CAA contains many 

provisions mandating the submittal of 

State plans, programs, or other 

requirements by certain dates, the Act 

does not similarly require tribes to 

develop and seek approval of CAA 

programs. Thus, tribes are generally not 

subject to CAA provisions that specify 

a deadline by which something must be 

accomplished, e.g., provisions 

mandating the submission of State 

implementation plans under section 

110(a) and Part D of the Act. 40 CFR 

49.4. As a result, tribes are also not 

subject to the section 179 sanctions and 

certain other Federal oversight 

mechanisms in the Act that are triggered 

when states fail to meet these deadlines 

or when EPA disapproves a program 

submittal. 40 CFR 49.4(c), (d). 

A tribe that meets the eligibility 

criteria for TAS may, however, choose 

to implement a CAA program. A tribe 

may also submit reasonably severable 

portions of a CAA program, if it can 

demonstrate that its proposed air 

program is not integrally related to 

program elements not included in the 

plan submittal and is consistent with 

applicable statutory and regulatory 

requirements. 40 CFR 49.7(c); see also 

CAA 110(o). This modular approach is 

intended to give tribes the flexibility to 

address their most pressing air quality 

issues and acknowledges that tribes 

often have limited resources with which 

to address their environmental 

concerns. Consistent with the 

exceptions listed in 40 CFR 49.4, once 

submitted, a tribe’s proposed air 

program will be evaluated in accordance 

with applicable statutory and regulatory 

criteria in a manner similar to the way 

EPA would review a similar State 

submittal. 40 CFR 49.9(h). EPA expects 

tribes to fully implement and enforce 

their approved programs and, as with 

states, EPA retains its authority to 

impose sanctions for failure to 

implement an approved air program. 

See 59 FR 43956 at 43965 (Aug. 25, 

1994) (explaining EPA’s rationale for 

treating Tribes in the same fashion as 

States for purposes of mandatory 

sanctions for nonimplementation of an 

approved part D program (CAA 

179(a)(4)) and with respect to EPA’s 

discretionary authority to impose 

sanctions (CAA 110(m)); 40 CFR 49.4. 

B. What criteria must an Indian Tribe 

meet to be treated in the same manner 

as a State under the CAA? 

Under section 301(d) of the CAA and 

the TAR, EPA may treat a tribe in the 

same manner as a State for purposes of 

administering certain CAA programs or 

grants if the tribe demonstrates that: (1) 

It is a federally-recognized tribe; (2) it 

has a governing body carrying out 

substantial governmental duties and 

powers; (3) the functions to be exercised 

by the tribe pertain to the management 

and protection of air resources within 

the exterior boundaries of the 

reservation (or other areas under the 

tribe’s jurisdiction); and (4) it can 

reasonably be expected to be capable of 

carrying out the functions for which it 

seeks approval, consistent with the CAA 

and applicable regulations. 

To receive EPA approval of a CAA 

program, a tribe must, as a threshold 

matter, obtain a determination from EPA 

that it meets these eligibility 

requirements. 40 CFR 49.6. As 

discussed in section III below, we 

previously determined that the GRIC 

meets these eligibility requirements for 

purposes of implementing the TIP and 

other CAA authorities. 

C. What is a CAA Implementation Plan? 

Under the CAA, EPA has established 

NAAQS, or minimum air quality 

standards, for six pollutants found in 

ambient air: carbon monoxide (CO), lead 

(Pb), nitrogen dioxide (NO2), ozone (O3), 

particulate matter (PM), and sulfur 

dioxide (SO2). The NAAQS are based on 

comprehensive studies of available 

ambient air monitoring data, health 

effects data, and studies of effects on 

materials. The primary standards are 

designed to protect the public from 

health risks, including children, people 

with asthma, and the elderly. The 

secondary standards are designed to 

prevent unacceptable effects on the 

public welfare, e.g., damage to crops 

and vegetation, buildings and property, 

and ecosystems. 

An implementation plan is a set of 

programs and regulations developed by 

the appropriate regulatory agency to 

protect public health and welfare 

through the attainment and 

maintenance of the NAAQS. The 

regulatory agency is generally free to 

choose whatever mix of requirements it 

determines best suits its specific 

circumstances so long as the 

implementation plan meets applicable 

requirements and ensures attainment 

and maintenance of the NAAQS. These 

plans can be developed by states, 

eligible Indian tribes, or the EPA, 

depending on which entity has 

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5For guidance on development of TIPs, see 

‘‘Developing a Tribal Implementation Plan,’’ Office 

of Air Quality Planning and Standards, U.S. EPA, 

October 2002 (EPA 452/R–02–010), http:// 

www.epa.gov/air/tribal/tip2002/index.html. 

jurisdiction in a particular area. 

Implementation plans developed by 

states are called State Implementation 

Plans or SIPs. Similarly, plans 

developed by eligible Indian tribes are 

called Tribal Implementation Plans or 

TIPs. Occasionally, EPA will develop an 

implementation plan for a specific area. 

This is referred to as a Federal 

Implementation Plan or FIP. Following 

final approval and publication in the 

Federal Register, the provisions of a 

SIP, TIP or FIP become federally 

enforceable. 

The contents of a typical 

implementation plan may fall into three 

broad categories: (1) Agency-adopted 

control measures which consist of 

prohibitory rules or source-specific 

requirements (e.g., orders, consent 

decrees or permits); (2) agencysubmitted ‘‘non-regulatory’’ components 

(e.g., attainment plans, rate of progress 

plans, emission inventories, 

transportation control measures, statutes 

demonstrating legal authority, 

monitoring programs); and (3) 

additional requirements promulgated by 

the EPA (in the absence of a 

commensurate agency provision) to 

satisfy a mandatory Clean Air Act 

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. Changes to the plan, such as 

new and/or revised regulations, that 

EPA approves following notice and 

comment rulemaking become part of the 

federally-enforceable implementation 

plan. 

A geographic area that meets or does 

better than a primary standard is called 

an attainment area. An area for which 

there is insufficient information to 

determine whether the area meets the 

NAAQS is called an unclassifiable area. 

An area that does not meet a standard, 

or that contributes pollution to a nearby 

area that does not meet a standard, is 

called a nonattainment area. An area 

may be designated attainment or 

unclassifiable/attainment for some 

pollutants and nonattainment for others. 

The CAA requires that the NAAQS be 

met nationwide and requires states to 

adopt SIPs that provide for the 

implementation, maintenance, and 

enforcement of the NAAQS. CAA 

110(a). For attainment and 

unclassifiable areas, the CAA requires 

states to submit the basic program 

elements specified in section 110(a)(2) 

necessary to implement the NAAQS— 

e.g., enforceable emission limitations 

and other control measures (CAA 

110(a)(2)(A)), a program to provide for 

the enforcement of these measures (CAA 

110(a)(2)(C)), and necessary assurances 

that the State will have adequate 

personnel, funding, and authority under 

State law to carry out the plan (CAA 

110(a)(2)(E)(i)). For nonattainment areas, 

in addition to these basic program 

elements, the CAA requires states to 

adopt SIPs containing specific program 

elements in part D, Title I of the Act, in 

accordance with specified deadlines 

based on the severity of the air pollution 

problem. 

D. What is a Tribal Implementation 

Plan? 

Section 301(d) of the CAA and the 

TAR authorize eligible Indian tribes to 

implement various CAA programs, 

including TIPs under section 110 of the 

Act. TIPs (1) are optional; (2) may be 

modular; (3) have flexible submission 

schedules; and (4) allow for joint tribal 

and EPA management.5

1. Optional 

The CAA requires each State to adopt 

a SIP. Unlike states, Indian tribes are not 

required to adopt a CAA 

implementation plan. In the TAR, we 

recognized that not all Indian tribes will 

have the need or the desire to 

implement an air pollution control 

program, and we specifically 

determined that it was not appropriate 

to treat tribes in the same manner as 

states for purposes of plan submittal and 

implementation deadlines. See 40 CFR 

49.4(a) (exempting Tribes from the plan 

submittal deadlines for nonattainment 

areas set out in sections 172(a)(2), 182, 

187, 189, and 191 of the Act); see also 

59 FR 43956, 43964–67 (Aug. 25, 1994) 

(proposed TAR preamble) and 63 FR 

7254, 7264–66 (Feb. 12, 1998) (final 

TAR preamble). 

2. Modular 

The TAR allows eligible Indian tribes 

to submit partial elements of a CAA 

program, so that they can target their 

most important air quality issues 

without the corresponding burden of 

developing entire CAA programs. Under 

this modular approach, TIP elements 

that the eligible Indian tribe submits 

must be ‘‘reasonably severable’’ from 

program elements that the tribe chooses 

not to submit. ‘‘Reasonably severable’’ 

elements are those that are not integrally 

related to program elements not 

included in the TIP. See 40 CFR 49.7(c); 

see also 59 FR 43956, 43961–69 (Aug. 

25, 1994) (proposed TAR preamble) and 

63 FR 7254 (Feb. 12, 1998) (final TAR 

preamble). So, for example, a tribe may 

choose to submit a TIP that addresses 

only specific types of sources and/or 

specific air pollutants. 

3. Have Flexible Submission Schedules 

Neither the CAA nor the TAR requires 

Indian tribes to develop TIPs. Therefore, 

unlike states, Indian tribes are not 

required to meet the plan submittal or 

implementation deadlines specified in 

the CAA. Indian tribes may establish 

their own schedules and priorities for 

developing TIP elements (e.g., 

regulations to limit emissions of a 

specific air pollutant) and submitting 

them to the EPA. Indian tribes will not 

face sanctions for failing to submit or for 

submitting incomplete or deficient TIPs. 

See 40 CFR 49.4; 59 FR 43956, 43964– 

65 (Aug. 25, 1994) (proposed TAR 

preamble) and 63 FR 7254 at 7265 (Feb. 

12, 1998) (final TAR preamble). 

4. Allow for Joint Tribal and EPA 

Management 

Consistent with the CAA and the 

TAR, a tribe may revise a TIP and take 

on new programs based on changes in 

tribal need or capacity. In any case, EPA 

retains its general authority to directly 

implement CAA requirements in Indian 

Country as necessary or appropriate to 

protect tribal air resources. See CAA 

301(a), 301(d)(4); 40 CFR 49.11; 59 FR 

43956, 43958–61 (Aug. 25, 1994) 

(proposed TAR preamble explaining 

EPA’s CAA authorities in Indian 

Country); 63 FR 7254, 7262–64 (Feb. 12, 

1998) (final TAR preamble). Thus, 

where a tribe chooses not to adopt a 

CAA program or adopts only a partial 

program, EPA may exercise its 

discretionary authority to issue such 

regulations as are necessary or 

appropriate to protect tribal air 

resources. This type of joint 

management allows tribes to focus on 

their specific air quality needs while 

ensuring adequate protection of tribal 

air resources. 

The CAA also authorizes EPA to 

enforce the regulations in an approved 

TIP. CAA 113. We work cooperatively 

with the Indian Tribe in exercising this 

enforcement authority. 

III. Evaluation of the GRIC’s 

Implementation Authorities 

A. How did the GRIC demonstrate 

eligibility to be treated in the same 

manner as a State under the CAA? 

By letter dated November 17, 2006 

and submitted to EPA on December 6, 

2006, the GRIC requested an EPA 

determination that the Tribe is eligible 

for TAS for the purposes of 

implementing four CAA programs: (1) A 

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48884 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Proposed Rules 

6The TAS Decision Document describes the 

geographic area within which the Tribe is approved 

for TAS. 

7See letter dated November 17, 2006, from 

William R. Rhodes, Governor, Gila River Indian 

Community, to Wayne Nastri, Regional 

Administrator, U.S. EPA Region 9 (transmitting 

TAS application), at page 10. 

8See letter dated January 9, 2003, from Jack 

Broadbent, Director, Air Division, U.S. EPA Region 

9, to Dr. Patricia Mariella, Director, Gila River 

Indian Community DEQ. 

9As explained in the final rule, the effect of this 

action was to attach the Maricopa County portion 

of the GRIC reservation to the pre-existing 

‘‘unclassifiable/attainment’’ area for the 1-hour 

ozone NAAQS that consists of all of those portions 

of the State of Arizona (including the rest of the 

TIP that includes source-specific rules 

and a minor source permit program 

under CAA section 110; (2) the Federal 

NSPSs under CAA section 111; (3) the 

Federal NESHAPs under CAA section 

112; and (3) an operating permit 

program under title V of the Act. In 

addition, the Tribe requested TAS for 

receiving notifications as an ‘‘affected 

State’’ under title V of the CAA and for 

submitting recommendations to EPA on 

air quality designations under CAA 

section 107(d). The GRIC submitted 

supplemental materials for its TAS 

eligibility request on October 6, 2008 

and March 18, 2009. EPA notified 

appropriate governmental entities and 

the public of the Tribe’s application and 

addressed all comments received as part 

of that process. 

On October 21, 2009, based on the 

information submitted by the Tribe, and 

after consideration of all comments 

received in response to notice of the 

Tribe’s request, EPA determined that the 

GRIC met the eligibility requirements of 

CAA section 301(d) and 40 CFR 49.6 for 

these purposes under the CAA. See 

Memorandum, ‘‘Gila River Indian 

Community: Eligibility Determination 

under 40 CFR part 49 for Clean Air Act 

Sections 107, 110, 111, 112, 114, and 

Title V,’’ signed by Laura Yoshii, Acting 

Regional Administrator, EPA Region 9, 

October 21, 2009 (TAS Decision 

Document). Specifically, EPA 

determined that the GRIC had 

demonstrated: (1) That it is an Indian 

tribe recognized by the Secretary of the 

Interior (see 67 FR 46328 (July 12, 

2002)); (2) that it has a governing body 

carrying out substantial governmental 

duties and functions; (3) that the 

functions to be exercised by the Tribe 

pertain to the management and 

protection of air resources within the 

exterior boundaries of the Tribe’s 

reservation;6 and (4) that the Tribe is 

reasonably expected to be capable of 

carrying out the functions to be 

exercised in a manner consistent with 

the terms and purposes of the CAA and 

all applicable regulations. 

EPA notified the Tribe of this TAS 

eligibility determination by letter the 

same day. See letter dated October 21, 

2009, from Laura Yoshii, Acting 

Regional Administrator, EPA Region 9, 

to the Honorable William Rhodes, 

Governor, Gila River Indian 

Community. 

B. How would the GRIC administer and 

enforce the TIP? 

The proposed TIP would be 

implemented primarily by the GRIC 

DEQ Air Quality Program staff and the 

Tribe’s attorneys. Established in 1995, 

the GRIC DEQ has grown from an initial 

staff of six to a staff of 26 in 2009. The 

Air Quality Program staff has degrees 

ranging from Associate’s to Master’s 

degrees. They have received extensive 

training in TIP development, permit 

writing and regulatory enforcement.7

Since 1995, the staff has also 

demonstrated considerable capabilities 

in the programmatic, administrative, 

and legal functions of implementing an 

air quality program. On January 9, 2003, 

the GRIC became the first Tribal 

Government that EPA recognized as 

capable of issuing permits with 

enforceable limitations on a source’s 

potential to emit, following case-by-case 

EPA review.8

As discussed above in section III.A, 

EPA evaluated the Tribe’s 

implementation and enforcement 

capabilities as part of our determination 

that the GRIC is eligible for TAS to 

implement this TIP and other CAA 

programs. Specifically, as part of that 

determination, EPA found that the GRIC 

is reasonably expected to be capable of 

implementing and enforcing the TIP and 

other AQMP programs in a manner 

consistent with the terms and purposes 

of the CAA and all applicable 

regulations. See TAS Decision 

Document. Also as part of that 

determination, EPA entered into a 

Memorandum of Agreement with the 

GRIC to facilitate intergovernmental 

cooperation in addressing criminal 

violations of the AQMP. See 

Memorandum of Agreement Between 

the Gila River Indian Community and 

the U.S. Environmental Protection 

Agency Regarding Criminal 

Enforcement of the Tribal 

Implementation Plan Pursuant to the 

Clean Air Act and 40 CFR part 49, dated 

October 21, 2009 (Criminal Enforcement 

MOA). 

The GRIC DEQ staff is responsible for 

inspecting facilities within the exterior 

boundary of the reservation and 

responding to any complaints received. 

The GRIC air quality staff, and if 

needed, the GRIC tribal police, will 

assume enforcement activities for the 

purposes of compliance with air 

regulations. Other GRIC agencies will 

also provide compliance and 

enforcement assistance, as appropriate, 

in accordance with applicable Tribal 

and Federal law. See GRIC AQMP, Part 

1, Section 2.2. 

Part III of the AQMP contains 

enforcement ordinances that establish 

requirements and procedures for civil 

and criminal enforcement. These 

ordinances authorize the GRIC DEQ to 

issue administrative compliance orders, 

assess civil penalties, and take other 

enforcement actions against persons 

who violate requirements of the TIP or 

other requirements of the AQMP within 

the exterior boundaries of the 

reservation. These enforcement 

provisions are discussed further in 

Section IV.C.3 of this notice. 

IV. Evaluation of the GRIC’s Tribal 

Implementation Plan 

A. What air quality goals does the GRIC 

TIP address? 

The Gila River Indian Reservation is 

located in south-central Arizona, 

adjacent to the Phoenix Metropolitan 

Area, in Pinal and Maricopa Counties. 

The entire reservation is designated 

attainment or unclassifiable/attainment 

for the following NAAQS pollutants: 

Lead (Pb), carbon monoxide (CO), 

nitrogen dioxide (NO2), sulfur dioxide 

(SO2), particulate matter of 2.5 microns 

or less (PM2.5), and ground-level ozone. 

40 CFR 81.303. EPA had initially 

included the Maricopa County portion 

of the GRIC reservation in the Maricopa 

County CO nonattainment area, but in 

2005 we corrected the nonattainment 

boundary to exclude the GRIC 

reservation and redesignated the 

reservation to ‘‘nonclassifiable/ 

attainment’’ for the CO NAAQS. See 69 

FR 60328 (October 8, 2004)(proposed 

rule) and 70 FR 11553 (March 9, 

2005)(final rule), as corrected by 70 FR 

52926 (September 6, 2005). Similarly, 

EPA had initially included the Maricopa 

County portion of the GRIC reservation 

in the Phoenix metropolitan 1-hour 

ozone nonattainment area, but in 2005 

we corrected the nonattainment 

boundary to exclude the GRIC 

reservation and redesignated the 

reservation to ‘‘unclassifiable/ 

attainment’’ for the 1-hour ozone 

NAAQS. See 70 FR 13425 (March 21, 

2005)(proposed rule) and 70 FR 68339 

(November 10, 2005)(final rule).9

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Reservation that lies in Pinal County) that are not 

designated as a ‘‘nonattainment’’ area or as an 

‘‘attainment’’ area subject to a maintenance plan. 70 

FR 68339 at 68344. 

10EPA’s air quality designations for the 2006 24- 

hour Fine Particle (PM2.5) standard were published 

in the Federal Register on November 13, 2009. 74 

FR 58688. 

11See Gila River Indian Community Ordinance 

GR–06–06 (December 13, 2006). Although the 

Ordinance indicates that the Tribal Council adopted 

the AQMP on December 6, 2006, we generally refer 

to the adoption date as December 13, 2006, 

consistent with the date of the GRIC Governor’s 

signature. 

12Throughout this discussion, the term ‘‘Director’’ 

means the Director of the GRIC DEQ. For ease of 

reference, we refer to each section of the TIP as a 

section of the AQMP, consistent with the structure 

of the Tribe’s submittal. 

13See footnote 2. 

More recently, on October 14, 2009, 

we notified the Governor of Arizona and 

affected Arizona tribes, including the 

GRIC, that EPA was reviewing the initial 

recommendation to designate Pinal 

County as attainment/unclassifiable for 

the 2006 annual PM2.5 standard, given 

recent data indicating violations of the 

standard in the Pinal County area. On 

December 30, 2009, we notified the 

same entities that EPA was also 

initiating a redesignation of Pinal 

County to nonattainment for the 1997 

annual PM2.5 standard and for the 1987 

24-hour standard for particulate matter 

of 10 microns or less (PM10).10 We have 

asked the Tribes in Pinal County, 

including the GRIC, to provide 

recommendations concerning their 

Indian country lands. 

The only criteria pollutant for which 

a portion of the reservation is currently 

designated nonattainment is PM10. The 

northern portion of the GRIC reservation 

lies within the Maricopa County 

(Phoenix Planning Area) serious PM10

nonattainment area. Approximately 

92,000 acres of the GRIC reservation, 

along its northern boundary, were 

included in the Maricopa County area 

when it was originally designated as 

nonattainment (see 52 FR 29383, August 

7, 1987) and reclassified from moderate 

to serious for the PM10 NAAQS. 61 FR 

21372 (May 10, 1996)(reclassification to 

serious nonattainment effective June 10, 

1996). The remainder of the GRIC 

reservation is located in the portion of 

Pinal County that is currently 

designated as unclassifiable/attainment 

for PM10. 40 CFR 81.303. 

While State and local regulatory 

agencies in the Maricopa County PM10

nonattainment area have developed SIPs 

to comply with the nonattainment area 

requirements of subpart 4 of Part D, title 

I of the CAA, these SIP requirements do 

not apply within the exterior boundaries 

of the GRIC reservation. Rather, the 

CAA, as amended in 1990, broadly 

authorizes EPA to protect Tribal air 

resources by directly implementing the 

Act’s requirements in Indian Country. 

CAA § 301(d)(4); 40 CFR 49.11; 59 FR 

43956, 43958–61 (Aug. 25, 1994) 

(proposed TAR preamble explaining 

EPA’s CAA authorities in Indian 

Country); 63 FR 7254, 7262–64 (Feb. 12, 

1998) (final TAR). As discussed above, 

section 301(d) of the CAA also 

authorizes EPA to approve Indian Tribes 

to implement their own CAA programs 

in Indian Country, provided they meet 

specified requirements. 

The GRIC’s TIP rules establish a basic 

air pollution control program for the 

protection of air resources within the 

GRIC reservation. The regulations in the 

TIP are enforceable and function 

independently of the PM10

nonattainment area requirements of 

subpart 4 of Part D, Title I of the Act 

and, therefore, are not integrally related 

to these plan requirements. As such, the 

GRIC’s plan submittal is reasonably 

severable from the PM10 nonattainment 

area plan elements not included in the 

submittal, consistent with 40 CFR 

49.7(c). We therefore turn to our 

evaluation of the GRIC DEQ’s plan 

submittal in accordance with the 

applicable statutory and regulatory 

requirements. 

B. What procedural requirements did 

the GRIC satisfy? 

Section 110(a) of the CAA requires 

that implementation plans be adopted 

by the State after reasonable notice and 

public hearing. EPA has promulgated 

specific procedural requirements for SIP 

revisions in 40 CFR part 51, subpart F. 

These requirements include publication 

of notices, by prominent advertisement 

in the relevant geographic area, of a 

public hearing on the proposed 

revisions, a public comment period of at 

least 30 days, and an opportunity for a 

public hearing. 

The GRIC DEQ developed the AQMP 

from 1998 to 2006 in consultation with 

EPA Region 9. Following an extensive 

public comment process, on December 

13, 2006, the GRIC Tribal Council 

adopted the AQMP under Tribal Law.11

The GRIC formally submitted the 

AQMP, which includes the TIP, to EPA 

Region 9 on February 21, 2007. On July 

11, 2007, the GRIC submitted public 

process documentation for the AQMP, 

including documentation of a duly 

noticed public hearing held by the GRIC 

DEQ on July 20, 2006, in Chandler, 

Arizona. We find that the GRIC’s 

process for adopting and submitting the 

TIP satisfied the procedural 

requirements for adoption and 

submission of implementation plans 

under CAA section 110(a) and EPA’s 

implementing regulations. 

C. What authorities and requirements 

does the GRIC TIP contain? 

The AQMP is comprised of four 

regulatory programs: (1) A Tribal 

implementation plan (TIP) for the 

implementation, maintenance, and 

enforcement of the NAAQS under CAA 

110; (2) regulations adopting the Federal 

New Source Performance Standards 

(NSPS) under CAA 111 as Tribal 

standards; (3) regulations adopting the 

Federal National Emission Standard for 

Hazardous Air Pollutants (NESHAP) 

under CAA 112 as Tribal standards; and 

(4) a Tribal operating permits program 

under title V of the Act. 

In this action, we propose to act only 

on the TIP. We intend to issue separate 

Federal Register notices proposing 

action on the Tribe’s requests for 

delegation of authority to implement 

and enforce the Federal NSPSs and to 

implement and enforce the Federal 

NESHAPs, consistent with applicable 

CAA and regulatory requirements. The 

GRIC DEQ is currently revising its title 

V permit regulations and has requested 

that EPA not act at this time on the title 

V provisions it submitted with the 

AQMP. See Letter dated June 22, 2009, 

from Margaret Cook, Executive Director, 

GRIC DEQ, to Laura Yoshii, Acting 

Regional Administrator, EPA Region 9, 

‘‘Re: Technical Corrections to the GRIC 

Air Quality Management Plan.’’ 

We discuss below each element of the 

TIP and our evaluation of it in light of 

applicable CAA requirements.12

1. General Provisions 

Part I of the AQMP, ‘‘General 

Provisions,’’ contains definitions, 

general authorities of the Director, 

procedures for the preparation, 

adoption, and submittal of plan 

elements and revisions, and provisions 

adopting Federal NAAQS as Tribal 

standards.13

Specifically, Section 1.0 of Part I 

contains definitions that generally apply 

to all AQMP programs, including the 

TIP. 

Section 2.0 establishes the Director’s 

general authorities, which include the 

responsibilities for: (1) Consulting with 

and making recommendations to the 

GRIC Governor and Community Council 

on matters concerning implementation 

of the AQMP; (2) encouraging 

industrial, commercial, residential and 

general development of the Community 

in a manner that protects and preserves 

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14The Director’s determination must be based on 

scientific data in coordination with the GRIC Office 

of Emergency Management (OEM) and consistent 

with OEM protocol. See AQMP Part I, Section 

2.2.A. 

15Consistent with 40 CFR 51.102(c), however, the 

AQMP does not require a public hearing for any 

change to an increment of progress to an approved 

individual compliance schedule unless the change 

is likely to cause the source to be unable to comply 

with the final compliance date in the schedule. 

AQMP Part I, Section 3.2.D(3). 

16See 71 FR 61224, October 17, 2006 (revised 

standards for particulate matter, effective December 

18, 2006); 73 FR 67051, November 12, 2008 (revised 

standards for lead, effective January 12, 2009); 75 

FR 2938, January 19, 2010 (proposed rule to revise 

8-hour ozone standards); 75 FR 6474, February 9, 

2010 (revised standards for NO2, effective April 12, 

2010); 75 FR 35520, June 22, 2010 (revised 

standards for SO2, effective August 23, 2010). 

17EPA has, however, determined that the Tribe is 

eligible for TAS to implement a title V permit 

program (as noted above in Section III.A). 

Accordingly, the Tribe’s submittal at a later date of 

a revised title V permit program need not be 

accompanied by another TAS eligibility request. 

18These include all regulatory definitions 

associated with title V requirements in Section 1.0; 

title V program applicability provisions in Section 

2.0; the title V permitting regulations in Section 3.0; 

and requirements for title V permit revisions in 

Section 5.0. 

air quality; and (3) notifying Community 

members and other members of the 

public on a regular basis of incidences 

and areas in which the Tribe’s adopted 

NAAQS were exceeded during the 

preceding calendar year, including the 

health risks associated with such 

exceedances. GRIC AQMP Part I, 

Section 2.1. These provisions satisfy the 

requirement in CAA section 110(a)(2)(J) 

to meet applicable requirements of CAA 

section 121 (relating to consultation) 

and section 127 (relating to public 

notification), and also satisfy the 

requirement in CAA section 

110(a)(2)(M) to provide for consultation 

and participation by local political 

subdivisions affected by the plan. 

In addition, if the Director determines 

that air pollution in any area constitutes 

or may constitute an emergency risk 14

to the health of those in the area or if 

the ambient air quality standards 

adopted by the GRIC are likely to be 

exceeded, the Director must notify the 

GRIC Governor. The Governor may then 

restrain or enjoin any person from 

engaging in emissions-generating 

activity that presents an imminent and 

substantial endangerment to the public 

health or welfare or to the environment. 

The Governor may also, to the extent of 

the Governor’s authority, declare that an 

emergency exists and prohibit, restrict, 

or condition any of the following: motor 

vehicle traffic; retail, commercial, 

manufacturing, governmental, industrial 

or similar activity; operation of 

incinerators and other facilities that 

emit the air pollutant of concern; the 

burning or other consumption of fuels; 

the burning of any materials; any and all 

other activity which contributes or may 

contribute to the emergency. Orders of 

the Governor issued under this 

provision are enforceable by the GRIC 

DEQ and the GRIC tribal police. GRIC 

AQMP Part I, Section 2.2. These 

provisions meet the requirement in CAA 

section 110(a)(2)(G) to provide for 

authority comparable to the emergency 

powers in section 303 of the Act. 

Section 3.0 establishes procedural 

requirements for preparation, adoption, 

submission to EPA, and revision of the 

AQMP. These requirements include 

publication of notices, by prominent 

advertisement in the Gila River Indian 

News and by other appropriate means, 

a public comment period of at least 30 

days, and a public hearing following 

reasonable notice of such hearing.15

Section 3.0 also contains technical 

support requirements and procedures 

for parallel processing. These provisions 

satisfy the applicable procedural 

requirements of CAA section 110(a)(2) 

and 40 CFR part 51, subpart F. 

Finally, Section 4.0 of Part I contains 

the GRIC DEQ’s provisions adopting 

Federal primary and secondary 

standards and measuring methods for 

SO2, PM10, PM2.5, CO, ozone (8-hour), 

NO2, and Pb as Tribal air quality 

standards. These standards and 

measuring methods are consistent with 

the Federal NAAQS that were effective 

in October 2006, shortly before the GRIC 

adopted the AQMP. See 40 CFR 50.4– 

50.8, 50.10–50.12 (2006). We are 

proposing to approve these air quality 

standards and measurement methods 

into the TIP. 

We note that several revisions to the 

Federal NAAQS have become effective 

since October 2006,16 and that all 

Federal NAAQS apply within the GRIC 

reservation whether or not the Tribe 

adopts these standards into the TIP 

under Tribal law. See footnote 2, above. 

The GRIC’s TIP provides for progress 

toward the implementation, 

enforcement, and maintenance of the 

Federal NAAQS by regulating emissions 

of NAAQS pollutants within the 

reservation and establishing enforceable 

procedures to determine whether 

construction or modification of minor 

sources will interfere with attainment or 

maintenance of the NAAQS, as effective 

in October 2006. Accordingly, we are 

proposing to approve the TIP, including 

those Federal NAAQS that the Tribe has 

adopted under Tribal law, as a program 

containing severable elements of a plan 

under CAA section 110(a) that provides 

for the implementation, enforcement, 

and maintenance of the NAAQS. We 

note, however, that EPA retains its 

discretionary authority under CAA 

sections 301(a) and 301(d)(4) to directly 

implement CAA programs in the GRIC 

reservation and to promulgate such 

Federal implementation plan provisions 

as are necessary or appropriate to 

protect air quality in the GRIC 

reservation. 

2. Permit Requirements 

Part II of the AQMP contains permit 

requirements for new and existing 

sources of air pollution. Specifically, it 

contains a title V operating permit 

program for ‘‘title V sources,’’ and a 

preconstruction review and operating 

permit program to regulate ‘‘non-title V 

sources’’ (or ‘‘minor sources’’). 

a. Title V Permit Requirements 

By letter dated June 22, 2009, the 

GRIC DEQ requested that EPA not act on 

the title V operating permit regulations 

submitted as part of the AQMP on 

February 22, 2007. EPA understands 

that the GRIC DEQ intends to submit a 

revised title V operating permit program 

at a later date, after adopting revisions 

to address requirements of the CAA and 

implementing regulations.17 As such, 

we are not taking action today on those 

elements of Part II of the AQMP that 

pertain to title V permit program 

requirements.18 At this time, EPA 

remains the title V permitting authority 

for all title V sources within the exterior 

boundaries of the GRIC reservation. 

b. Non-Title V Permit Requirements 

Section 110(a)(2)(C) of the Act 

requires that each implementation plan 

include a program to regulate the 

construction and modification of 

stationary sources, including a permit 

program as required by parts C and D of 

title I of the Act, as necessary to assure 

that the NAAQS are achieved. Parts C 

and D, which pertain to prevention of 

significant deterioration (PSD) and 

nonattainment, respectively, address the 

major NSR programs for major 

stationary sources, and the permitting 

program for ‘‘nonmajor’’ (or ‘‘minor’’) 

stationary sources is addressed by 

section 110(a)(2)(C) of the Act. We 

commonly refer to the latter program as 

the ‘‘minor NSR’’ program. A minor 

stationary source is a source whose 

‘‘potential to emit’’ is lower than the 

major source applicability threshold for 

a particular pollutant as defined in the 

applicable major NSR program. 

The requirements that minor source 

programs must meet to be approved are 

outlined in 40 CFR 51.160 through 

51.164. These regulations require states 

to develop ‘‘legally enforceable 

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19Section 302(j) of the CAA generally defines 

‘‘major stationary source’’ as any stationary source 

that has the potential to emit at least 100 tons per 

year (tpy) of any air pollutant, unless the statute 

specifies a different threshold. Part D of title I of 

the Act establishes lower major source thresholds 

based on severity of air pollution in nonattainment 

areas. For hazardous air pollutants (HAP), CAA 

section 112 defines ‘‘major source’’ as a source that 

emits or has the potential to emit considering 

controls, in the aggregate, 10 tpy or more of any 

HAP or 25 tpy or more of any combination of HAP. 20Title V requirements apply to, among other 

sources, any major source, any source subject to an 

NSPS under CAA 111, and any source subject to a 

NESHAP under CAA 112. 40 CFR 71.3(a), (b). 

21For any emissions unit at a minor source that 

has not begun normal operations, ‘‘actual emissions 

shall be based on applicable control equipment 

requirements and projected conditions of 

operation.’’ AQMP Part II, Section 1.0.D 

(definitions). 

22AQMP Part II, Section 2.1.C(1). 

procedures’’ to enable the State ‘‘to 

determine whether the construction or 

modification of a [source] will result 

in—(1) a violation of applicable portions 

of the control strategy; or (2) 

interference with attainment or 

maintenance of a national standard 

* * *.’’ 40 CFR 51.160(a). The program 

must identify the types and sizes of 

sources subject to review, and the 

State’s plan must discuss the basis for 

determining which facilities will be 

subject to review. 40 CFR 51.160(e). 

Every State implementation plan 

currently contains a minor NSR 

program. Minor sources located on the 

GRIC reservation, however, have not to 

date been subject to preconstruction 

review under the CAA. EPA has 

proposed a Federal NSR permit program 

that would apply to, among others, 

minor sources in Indian Country where 

there is no EPA-approved permit 

program under the CAA, but this 

rulemaking has not yet been finalized. 

71 FR 48696 (August 21, 2006) 

(proposed rule to implement NSR in 

Indian Country). 

Although the Act does not require 

tribes to develop and seek EPA approval 

of NSR permit programs, where a tribe 

decides to do so, EPA evaluates the 

program in accordance with applicable 

statutory and regulatory criteria in a 

manner similar to the way EPA would 

review a similar State submittal. 40 CFR 

49.9(h); 59 FR 43956 at 43965 (Aug. 25, 

1994) (proposed TAR preamble); 63 FR 

7254 (Feb. 12, 1998) (final TAR 

preamble). For the reasons discussed 

below, we propose to approve the 

GRIC’s minor NSR program in 

accordance with the TAR and the 

criteria for approval of minor NSR 

programs at 40 CFR 51.160 through 

51.164. It is important to note, however, 

that we are proposing to approve this as 

a base program suitable to the GRIC’s 

reservation. Other Tribal NSR programs 

may differ significantly and should each 

be evaluated on a case-by-case basis in 

light of air quality needs in the relevant 

area. 

The GRIC DEQ’s minor NSR permit 

program, entitled ‘‘Non-Title V Permit 

Requirements,’’ applies to stationary 

sources that are neither ‘‘major’’ under 

the Act 19 nor subject to the 

requirements of CAA title V.20 AQMP 

Part II, Section 2.1. For all major 

sources, major modifications, and 

sources otherwise subject to title V on 

the reservation, EPA will continue to 

implement applicable CAA permitting 

requirements, including the 

requirements of parts C and D of title I 

of the Act, as appropriate. 

Specifically, the GRIC’s minor NSR 

permit program applies to any person 

who proposes to construct, operate, or 

modify any source that emits or has the 

potential to emit ‘‘regulated air 

pollutants,’’ unless the source or 

modification is either (1) a major source 

or major modification and/or subject to 

title V of the Act, or (2) exempt from 

review as ‘‘de minimis’’ under the 

AQMP. See Part II Sections 2.1.B, 2.1.C, 

5.1.A. ‘‘Regulated air pollutant’’ is 

defined as any criteria pollutant, any air 

contaminant subject to an NSPS under 

CAA 111, any hazardous air pollutant 

(HAP) listed under CAA 112(b) or 

‘‘ultrahazardous’’ air pollutant listed 

under CAA 112(r)(3), or any class I or 

II substance listed in CAA section 602. 

A stationary source that is not a 

‘‘major stationary source’’ under the 

CAA and that does not operate in 

conjunction with another facility or 

source that is subject to permit 

requirements may be exempt under 

Section 2.1.C from permit requirements 

as a ‘‘de minimis facility,’’ if the source’s 

‘‘actual emissions’’ 21 of air pollutants 

are equal to or less than all of the 

following levels: 

TABLE 1—‘‘DE MINIMIS’’ THRESHOLDS IN THE GRIC’S MINOR NSR PERMIT PROGRAM 22

Any single regulated air pollutant except a hazardous air pollutant ............................................................. 1 ton per year (tpy). 

Any single hazardous air pollutant (HAP), or ................................................................................................ 1000 lbs per year (single HAP), or 

Any combination of HAPs ............................................................................................................................. 1 tpy (combination of HAPs). 

Any single ultrahazardous air pollutant, or any combination of ultrahazardous air pollutants ..................... 300 lbs per year. 

In addition, Section 2.1.C(2) identifies 

several types of minor sources that are 

categorically treated as ‘‘de minimis 

facilities’’ and, therefore, exempt from 

permit requirements. These categorical 

‘‘de minimis facilities’’ include 

agricultural equipment used in normal 

farm operations, except for equipment 

that is subject to requirements of title V 

or 40 CFR parts 60 or 61; airconditioning equipment and general 

combustion equipment with aggregated 

input capacity of less than 2 MMBtu/ 

hour or, if oil-fired, maximum rated 

input capacity or aggregated input 

capacity of less than 500,000 Btu/hour; 

stationary storage tanks used for storing 

organic liquids with true vapor pressure 

of 1.5 psia or less, or that have a 

capacity of 250 gallons or less; and 

portable internal combustion engines 

that, individually, have a rating less 

than 500 horsepower output or operate 

less than 200 hours per calendar year. 

The GRIC DEQ’s supporting 

documentation demonstrates that these 

de minimis facilities are appropriately 

exempt from permit requirements based 

on their insignificant environmental 

impacts, in accordance with the criteria 

set forth in Alabama Power Co. v. 

Costle, 636 F.2d 323 (D.C. Cir. 1979). 

See Letter dated June 22, 2009, from 

Margaret Cook, Executive Director, GRIC 

DEQ, to Laura Yoshii, Acting Regional 

Administrator, EPA Region 9, ‘‘Re: 

Technical Corrections to the GRIC Air 

Quality Management Plan,’’ enclosure 

entitled ‘‘Minor New Source Review 

Demonstration.’’ 

The GRIC DEQ’s minor NSR permit 

program requires each applicant for a 

‘‘non-title V’’ permit to submit, among 

other things, a certified application 

containing information about the 

facility, the industrial process, the 

nature and amount of emissions, and 

any information needed to determine 

applicable technology-based emission 

limitations. In some cases, the GRIC 

DEQ may also require the source to 

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23Part II, Sections 4.2.A(2), 4.2.A(3)(c), 4.2.B. 24 Generally, a source that is subject to an NSPS 

under section 111 or a NESHAP under section 112 

of the CAA will be subject to title V permitting 

requirements and, therefore, not subject to GRIC’s 

non-title V permit program. EPA has, however, 

exempted certain NESHAP area sources by rule 

from title V permitting requirements. In those 

limited cases where a NESHAP area source is 

exempt from title V, such source may be required 

to obtain a GRIC non-title V permit that identifies 

the applicable NESHAP, among other requirements. 

25A significant permit revision is, among other 

things, any change to a non-title V permit that will 

result in an increase in the source’s potential to 

emit a regulated pollutant of more than either 25 

tons per year or certain ‘‘significant’’ levels in 

Section 1.0 of Part II, whichever is less. AQMP Part 

II, Section 5.5.a(3). 

model its impact on ambient air quality 

in accordance with 40 CFR part 51, 

Appendix W. 

Importantly, any new minor source 

that has a ‘‘potential to emit’’ (PTE) at or 

above specified levels, or a modification 

at an existing minor source that 

increases a source’s PTE by specified 

levels, will be subject to a technologybased emission limitation that reflects 

the Best Reasonable and Demonstrated 

Technology (BRDT), as determined by 

the GRIC DEQ on a case-by-case basis. 

BRDT is defined as ‘‘an emission 

limitation or design equipment, work 

practice or operational standard’’ that is 

‘‘based on the maximum degree of 

reduction of each criteria pollutant or 

hazardous air pollutant determined on a 

case-by-case basis’’ or by rule, ‘‘taking 

into account energy, environmental, and 

economic impact, feasibility of 

achieving the emission limitation for a 

particular source, and the existing air 

quality in the area to be impacted by the 

source.’’ Part II Section 1.0. The PTE 

levels (or, for modifications, PTE 

increases) at which BRDT applies are 

identified in Table 2. 

TABLE 2—PTE THRESHOLDS AT WHICH BRDT APPLIES IN THE GRIC’S MINOR NSR PERMIT PROGRAM 23

For a new source, any single criteria pollutant ............................................................................................................................ 75 tpy. 

For a new source, any single HAP .............................................................................................................................................. 3 tpy. 

For a new source, any combination of HAPs .............................................................................................................................. 5 tpy. 

For a new source, any single or any combination of ultrahazardous air pollutants .................................................................... 300 lbs per year. 

For a modification, an increase of any single criteria pollutant (that does not make the source a major source) ..................... 25 tpy. 

For a modification, any single new HAP or increase in a HAP already emitted by the source ................................................. 3 tpy. 

For a modification, an increase in any combination of HAPs already emitted by the source .................................................... 5 tpy. 

Each non-title V permit is issued for 

a five-year term and must include, 

among other things: (1) Enforceable 

emissions limitations or source- or unitspecific requirements that assure 

maintenance of the Tribe’s adopted 

ambient air quality standards, 

protection of public health, compliance 

with all applicable control standards, 

such as BRDT, NSPSs, NESHAPs, and 

other requirements of the CAA 24; (2) 

monitoring, testing, reporting, and 

recordkeeping requirements adequate to 

evaluate the source’s compliance; (3) a 

requirement that any revision of an 

emission limitation, monitoring, testing, 

reporting, or recordkeeping requirement 

be made in accordance with the permit 

revision procedures for non-title V 

sources at Part II, Section 5.0 of the 

AQMP; (4) a requirement to allow the 

GRIC DEQ or EPA representatives to 

enter and inspect the premises at 

reasonable times; (5) a requirement to 

submit an annual compliance 

certification, and (6) a requirement to 

submit an annual emissions report. Part 

II, Section 4.4.A. A non-title V permit 

authorizes both construction and 

operation of the minor source or 

modification. 

The permit program establishes 

administrative procedures for the GRIC 

DEQ action on permit applications, 

including public notice and a comment 

period of at least 30 days on all 

proposed new permits, permit renewals, 

and significant permit revisions.25

AQMP Part II, section 4.6.A. The 

program also provides for public 

hearings on such permit applications 

upon written request. The issuance or 

denial of a non-title V permit may be 

appealed administratively to the GRIC 

DEQ and, thereafter, judicially to the 

GRIC Tribal Court. See discussion below 

at section IV.C.4, ‘‘Administrative 

Appeals and Judicial Review.’’ Finally, 

the permit program contains stack 

height procedures consistent with the 

requirements of 40 CFR 51.164; 

continuous source emissions monitoring 

requirements generally consistent with 

the provisions of 40 CFR part 51, 

appendix P; requirements for the 

treatment of confidential information; 

and permit fee provisions. AQMP Part 

II, sections 6.0, 9.0, 10.0, and 11.0. Our 

Technical Support Document (TSD) 

contains more information about these 

provisions and suggestions for 

improvement that do not affect our 

proposed action. 

We propose to approve these 

procedures as legally enforceable 

procedures that establish a base program 

suitable to the GRIC’s reservation and 

that satisfy the minimum requirements 

of CAA section 110(a)(2)(C) and 40 CFR 

51.160 through 51.164. 

3. Enforcement 

Part III of the AQMP contains 

requirements and procedures for civil 

and criminal enforcement against 

persons who violate AQMP provisions. 

Section 1.0 of Part III authorizes the 

Director to take several kinds of civil 

enforcement actions against persons 

who violate AQMP requirements. First, 

if the Director has reasonable cause to 

believe that a person has violated or is 

violating a provision of the AQMP or 

any requirement of a permit issued 

under Part II, the Director may issue an 

administrative compliance order (ACO) 

requiring compliance as expeditiously 

as practicable but no later than 1 year 

after the date the ACO was issued. An 

ACO becomes final and enforceable in 

the Community Court, unless within 30 

days after receipt of the ACO, the 

alleged violator requests a hearing 

before an administrative law judge (ALJ) 

in accordance with the provisions of 

Part IV of the AQMP. If a hearing is 

requested, the ACO does not become 

final until the ALJ has issued a 

recommended decision and the Director 

has issued a final decision on the 

appeal. 

Second, the Director may assess an 

administrative civil penalty of up to 

$5,000 per day per violation, and/or the 

GRIC Community Court may issue a 

civil judicial penalty of up to $10,000 

per day per violation, to any person 

found to be in violation of an ordinance, 

an ACO, or any provision of a permit 

issued under Part II. Each day of a 

failure to perform any act or duty for 

which a civil penalty may be assessed 

constitutes a separate offense. The 

Director is required to consider 

specified factors in assessing civil 

penalties, such as the size of the 

business, the economic impact of the 

penalty on the business, and the 

violator’s good faith efforts to comply. 

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Third, at the request of the GRIC 

Director, the GRIC General Counsel may 

file an action for a temporary restraining 

order, a preliminary injunction, a 

permanent injunction, or any other 

relief provided for by law if the Director 

has reasonable cause to believe that: (1) 

A person has violated or is violating any 

provision of an ordinance, an order 

requiring compliance with an 

ordinance, or any provision of a permit; 

(2) a person has violated or is violating 

an effective compliance order; or (3) a 

person is creating an imminent and 

substantial endangerment to public 

health or the environment. 

Finally, the Director may deny a 

request for a permit if the applicant is 

incapable of meeting the requirements 

of an ordinance, and the Director may 

revoke a permit issued by DEQ based on 

a finding of noncompliance with 

material conditions in the permit or 

when continued operation would 

violate an ordinance or create a 

consistent pattern of imminent and 

substantial endangerment to public 

health or the environment. Any such 

denial or revocation of a permit by the 

Director may be appealed to an ALJ and 

thereafter to the Community Court, in 

accordance with the appeal provisions 

in Part IV of the AQMP. These 

provisions provide for enforcement of 

the measures contained in the TIP, as 

required by CAA section 110(a)(2)(C), 

and provide necessary assurances that 

the Tribe will have adequate authority 

under Tribal law to carry out the TIP, 

as required by CAA section 

110(a)(2)(E)(i). 

Section 2.0 of Part III establishes 

procedures for criminal enforcement 

and referral of certain criminal matters 

to EPA. Specifically, Section 2.1 

requires the GRIC’s General Counsel to 

consult with the appropriate Federal 

agencies and, as appropriate, refer for 

Federal prosecution any person who has 

willfully or knowingly violated an 

AQMP provision or a permit issued 

under Part II. The procedures for the 

GRIC DEQ’s referral of potential 

criminal violations to the appropriate 

Federal agencies, for possible criminal 

prosecution under Section 113(c) of the 

CAA, are outlined in the Criminal 

Enforcement MOA discussed above in 

Section III.B of this notice. 

Section 3.0 of Part III contains citizen 

suit provisions. By letter dated July 17, 

2010, the GRIC DEQ requested that EPA 

not act on these provisions as part of the 

TIP. The GRIC clarified that these 

provisions, which remain effective 

under Tribal law, are not intended to 

alter the Tribe’s liability to civil suit 

based on established principles of Tribal 

sovereign immunity and the provisions 

of the CAA, nor are they intended to 

limit any existing Federal jurisdiction 

under the CAA. See letter dated July 17, 

2010 from Margaret Cook, Executive 

Director, GRIC DEQ, to Deborah Jordan, 

Air Division Director, EPA Region 9, 

‘‘Re: Gila River Indian Community 

Tribal Implementation Plan.’’ Nothing in 

our proposed action alters the effect of 

the citizen suit provisions of CAA 

section 304 as they may apply to the 

Tribe consistent with established 

principles of Tribal sovereign immunity. 

4. Administrative Appeals and Judicial 

Review 

Part IV of the AQMP contains 

requirements and procedures for 

administrative appeals, final 

administrative decisions, and judicial 

review of final administrative decisions. 

Section 1.0 states that the provisions 

of Part IV apply to ‘‘all appealable 

agency actions,’’ which are: (1) The 

issuance or denial of an air quality 

permit; (2) a significant revision to an 

air quality permit; (3) failure of the GRIC 

DEQ to act on an air quality permit in 

a timely manner or as required by the 

provisions of Part II; (4) revocation of an 

air quality permit; (5) the issuance of a 

compliance order; or (6) the imposition, 

by order, of an administrative civil 

penalty. Section 2.0 contains relevant 

definitions. 

Section 3.0 establishes procedures for 

administrative appeals. Specifically, any 

party whose legal rights, duties, or 

privileges were determined by an 

‘‘appealable agency action’’ may file a 

notice of appeal with the DEQ within 30 

days after receiving notice of the action 

from the DEQ. Any other party who will 

be adversely affected by the issuance or 

denial of a permit and who exercised 

any right to comment on the action may 

also file such a notice of appeal, 

provided that the grounds for appeal are 

limited to issues raised in that party’s 

comment. Within 5 business days of 

DEQ’s receipt of a notice of appeal 

containing the required information, the 

Director must provide specific 

information regarding the notice to the 

GRIC Governor’s office, after which the 

Governor must assign an ALJ to the 

matter and schedule a hearing, in 

accordance with specified timeframes. 

Section 3.0 also authorizes the ALJ to 

schedule a pre-hearing conference in 

accordance with specified criteria, and 

establishes procedures and evidentiary 

requirements for the hearing. 

Section 4.0 of Part IV establishes 

requirements and procedures for the 

Director’s final administrative decision 

following the hearing and the ALJ’s 

issuance of a recommended decision. 

The Director may accept, reject or 

modify the ALJ’s recommended 

decision, but prior to rejecting or 

modifying the recommendation, the 

Director must consult with and obtain 

the written consent of the GRIC 

Governor or his/her designee. The 

Director’s decision becomes final 

unless, within 35 days, a party appeals 

the final decision judicially. 

Section 5.0 establishes requirements 

and procedures for judicial review of 

final administrative decisions, 

jurisdiction over which is vested in the 

GRIC Community Court. Except in cases 

where trial de novo is appropriate or 

justice demands the admission of new 

or additional evidence, judicial review 

is limited to the administrative record 

before the court. Section 5.0 specifies 

the GRIC Community Court’s authorities 

and the limits on those authorities. For 

example, the court may stay the 

Director’s final decision in whole or in 

part for substantial good cause, pending 

final disposition of the case, and may 

ultimately modify, affirm, or reverse the 

decision. The court may not, however, 

reverse a finding of fact by the Director 

unless it is ‘‘clearly erroneous’’ and may 

not reverse the Director’s final 

administrative decision unless it has ‘‘no 

substantial evidentiary basis in the 

record or is erroneous as a matter of 

law.’’ Part IV, Section 5.7. Decisions of 

the GRIC Community Court may be 

further appealed to the GRIC Court of 

Appeals. 

These provisions establish adequate 

procedures for review of the Director’s 

decisions under the TIP. Our finding 

applies only to this TIP under section 

110 of the Act and does not apply to 

other CAA programs submitted by the 

Tribe, each of which we will evaluate 

separately in accordance with 

applicable CAA and regulatory 

requirements. 

5. Area Source Emission Limits 

Part V of the AQMP contains two 

rules that regulate air pollution from 

specific types of area sources. The 

purpose of these rules is to reduce 

emissions of particulate matter from 

open burning and fugitive dustgenerating activities. 

Section 1.0 (Open Burning) limits the 

types of materials that can be openly 

burned within the GRIC reservation and 

requires permits for open burning of 

specified materials. Three types of fires 

are allowed only if the GRIC DEQ issues 

an open burn permit: (1) Residential 

fires to dispose of yard waste, except for 

materials that generate toxic fumes; (2) 

commercial fires to dispose of vegetative 

waste resulting from land clearing, 

commercial development or other large 

scale permitted fires; and (3) 

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26The rule defines ‘‘non-complying solvent’’ as a 

solvent that exceeds the applicable percentage 

composition limit for any of four specific chemical 

groupings. Section 2.0, subsection 2.0 (definitions). 

agricultural fires for weed control or 

abatement, clearing fields or the 

disposal of other naturally grown 

products, except for materials that 

generate toxic fumes. The rule requires: 

(1) that any person seeking an open 

burn permit submit to the DEQ an 

application with specific information, 

(2) identifies types of conditions that the 

DEQ may include in a permit, and (3) 

contains specific criteria for the DEQ’s 

grant or denial of an open burn permit. 

The rule categorically prohibits open 

burning of certain materials, such as 

garbage resulting from the processing, 

storage, service or consumption of food; 

asphalt shingles; tar paper; plastic and 

rubber products; petroleum products; 

transformer oils; hazardous material 

containers; tires; construction and 

demolition debris; and asbestos 

containing materials. Certain other types 

of open fires are exempted from the 

rule—e.g., fires used only for the 

domestic cooking of food, fires used for 

cultural, religious or ceremonial 

purposes, and fires used only for 

providing warmth. 

Section 2.0 (General Requirements for 

Fugitive Dust-Producing Activities) 

regulates fugitive dust and fugitive 

particulate matter emissions from 

earthmoving, land clearing, and 

demolition activities, construction sites, 

unpaved parking lots at industrial 

plants, and other activities that generate 

dust. The rule prohibits all owners/ 

operators of sources of fugitive dust or 

fugitive particulate matter emissions, as 

well as owners/operators of certain 

unpaved parking lots and haul/access 

roads, from allowing visible emissions 

to exceed 20 percent opacity at any 

time. 

Under this rule, two types of permit 

applications must be accompanied by a 

dust control plan. First, any person 

required to obtain an earthmoving 

permit under the rule must submit a 

dust control plan and obtain the GRIC 

DEQ’s approval before commencing any 

dust generating operation. An 

earthmoving permit is required for any 

source owner/operator seeking to 

conduct certain earthmoving operations, 

except for normal farming practices. 

Second, any person who is required to 

obtain a title V permit, a non-title V 

permit, or a general permit under Part 

II of the AQMP must submit a dust 

control plan and obtain the GRIC DEQ’s 

approval before commencing dust 

generating operations. A proposed dust 

control plan must contain specific 

information, including an illustration of 

the entire project site boundaries and 

acres to be disturbed, the expected 

duration of the project, and control 

measures or combinations thereof to be 

applied to all actual and potential 

fugitive dust-generating operations. 

In addition to the requirements for 

dust control plans, the rule establishes 

specific control measures and work 

practices for specified dust-generating 

operations, which apply to the specified 

activities independent of any approved 

dust control plans. The rule also 

contains detailed test methods and 

recordkeeping requirements to ensure 

that compliance with the required 

control measures, work practice 

standards, and any approved dust 

control plans can be verified. Certain 

specified activities and individuals are 

exempted from the rule—i.e., owners 

and occupants of single family 

residences, owners or managers of 

residential buildings with four or less 

units, normal farming practices, and 

public roads owned or maintained by 

any Federal, tribal, or local government. 

We have determined that Part V of the 

AQMP contains specific, well-defined 

requirements that meet EPA’s 

enforceability requirements under CAA 

section 110(a)(2)(A). As described 

above, the rules contain test methods 

and recordkeeping requirements 

adequate to determine compliance; 

clearly identify the activities that are 

subject and those that are exempt from 

rule requirements; and do not allow for 

variations from the rules other than 

those specified in limited exemptions. 

EPA is proposing to approve these rules 

as elements of a base TIP suitable to the 

GRIC’s reservation and regulatory 

capacities. Our TSD contains more 

information about each of these rules 

and suggestions for rule improvement 

that do not affect our proposed action. 

6. Generally Applicable Individual 

Source Requirements for Existing and 

New Sources 

Part VI of the AQMP contains three 

rules that regulate visible emissions, 

volatile organic compound (VOC) 

emissions, and degreasing and solvent 

metal cleaning operations. The purpose 

of these rules is to reduce visible 

emissions and emissions of particulate 

matter and gaseous organic compounds. 

Section 1.0 (Visible Emissions) 

generally prohibits the discharge of any 

air contaminant into the ambient air 

from any single source of emissions, 

other than uncombined water, in excess 

of 20 percent opacity. Compliance is 

determined by observations of visible 

emissions conducted in accordance 

with EPA Test Method 9 (40 CFR part 

60, appendix A), except that for 

purposes of measuring visible emissions 

from intermittent sources, at least 

twelve (12) rather than twenty-four (24) 

consecutive readings are required at 15- 

second intervals for the averaging time. 

Part VI, Section 1.0, subsection 4.0. The 

rule provides limited exceptions for 

certain activities or equipment, such as 

the charging or back-charging of an 

electric arc furnace for which 

construction commenced prior to 

February 2, 1963, and for equipment or 

processes used to train individuals in 

opacity observations. 

Section 2.0 (VOC Usage, Storage and 

Handling) generally limits the discharge 

of VOC emissions from operations 

involving the usage, storage, transfer or 

disposal of VOC-containing materials. 

For example, the rule prohibits the 

discharge of more than 15 pounds of 

VOCs a day from any device in an 

operation involving heat, and prohibits 

the discharge of more than 40 pounds of 

VOCs a day from any device in an 

operation involving the use of noncomplying solvents.26 If these VOC 

limits are exceeded, the rule requires 

application of specific control methods 

that achieve at least 85 percent overall 

control efficiency or compliance with 

certain operating standards. Owners or 

operators who choose to use an 

emissions control system (ECS) to 

reduce VOC emissions must provide to 

the GRIC DEQ for approval an Operation 

and Maintenance Plan (O&M Plan), 

together with the initial application for 

an operating permit. 

The rule establishes detailed control 

techniques and operational standards 

for the handling, storage and disposal of 

VOC-containing materials, monitoring 

and inspection requirements, 

recordkeeping and reporting 

requirements, and specific test methods. 

Certain specified facilities and activities 

are exempt from the rule—e.g., organic 

solvent manufacturing facilities and the 

overland transport of organic solvents 

and VOC-containing materials; the 

spraying or other employment of 

insecticides, pesticides, or herbicides; 

and metal processing operations such as 

foundries, smelters, melting or roasting 

of metal, ore, or dross. Part VI, Section 

2.0, subsection 1.2. 

Section 3.0 (Degreasing and Solvent 

Metal Cleaning) establishes equipment 

specifications and operating standards 

for degreasing and solvent metal 

cleaning operations. The rule applies to 

all new and existing solvent cleaning 

operations that use VOCs, including 

cold cleaning, open-top vapor 

degreasing, and conveyorized 

degreasing operations. 

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27Section 1.0 incorporates by reference 40 CFR 

part 63, subpart RRR, as effective July 1, 2006. Part 

VII, Section 1.0, subsection 1.0. Subpart RRR 

contains emission limits for dioxins, furans and 

other hazardous air pollutants that may be formed 

during the smelting of aluminum scrap. Subpart 

RRR also contains testing, monitoring, 

recordkeeping, reporting, and labelling 

requirements to ensure compliance with the limits 

and standards. 

Specifically, Section 3.0 establishes 

generally applicable solvent handling 

requirements, operating and signage 

requirements, and equipment 

specifications for solvent cleaning 

operations. The rule also contains 

equipment specifications and operating 

standards specific to owners and 

operators of cold cleaning degreasers, 

open-top vapor degreasers, and 

conveyorized degreasers. Any owner or 

operator of a solvent cleaning business 

in operation on or after November 1, 

2004 must submit an O&M Plan for an 

ECS to the GRIC DEQ. An owner/ 

operator of an open-top vapor degreaser 

or conveyorized degreaser may, in lieu 

of meeting certain equipment 

specifications, meet the requirements of 

the rule through the use of an ECS. 

The rule establishes specific 

monitoring, reporting, and 

recordkeeping requirements and test 

methods for determining compliance. 

Additionally, upon startup of a new 

solvent cleaner, replacement of an 

existing solvent cleaner with a different 

model, change of a control device used 

on a solvent cleaner, or upon request by 

the GRIC DEQ, the owner of any solvent 

cleaner must perform tests and submit 

a compliance certification to the GRIC 

DEQ. Certain specified activities are 

exempt from the rule—e.g., solvent 

cleaning operations specifically 

regulated by another rule in Part VI; 

laundering and housekeeping supplies 

and activities; and cleaning solutions 

containing 20 percent or less VOC by 

either weight or volume. 

We have determined that Part VI of 

the AQMP contains specific, welldefined requirements that meet EPA’s 

enforceability requirements under CAA 

section 110(a)(2)(A). As described 

above, the rules contain test methods 

and monitoring, recordkeeping, and 

reporting requirements adequate to 

determine compliance; clearly identify 

the activities that are subject and those 

that are exempt from rule requirements; 

and do not allow for variations from the 

rules other than those specified in 

limited exemptions. EPA is proposing to 

approve these rules as elements of a 

base TIP suitable to the GRIC’s 

reservation and regulatory capacities. 

Our TSD contains more information 

about each of these rules and 

suggestions for rule improvement that 

do not affect our proposed action. 

7. Source/Category-Specific Emission 

Limits for Existing and New Sources 

Part VII of the AQMP contains three 

rules that regulate secondary aluminum 

production facilities, aerospace 

manufacturing and rework operations, 

and nonmetallic mineral mining and 

processing operations. The purpose of 

these rules is to reduce visible 

emissions and emissions of VOCs and 

particulate matter from these operations. 

Section 1.0 (Secondary Aluminum 

Production) applies to all new, existing 

and modified secondary aluminium 

production facilities. The requirements 

of Section 1.0 are in addition to the 

requirements of the Federal NESHAP for 

Secondary Aluminum Production at 40 

CFR part 63, subpart RRR, which are 

incorporated by reference into the 

rule.27

Specifically, Section 1.0 prohibits any 

person from causing, allowing or 

permitting the discharge into the 

atmosphere of any air contaminant, 

other than uncombined water, in excess 

of 20 percent opacity from any emission 

source at a secondary aluminium 

production facility. The rule also 

requires that the owner/operator of any 

source subject to the rule propose a VOC 

baseline emission rate (in tpy) as part of 

its initial permit application to the GRIC 

DEQ, and to demonstrate annually by 

February 15 that total VOC emissions in 

the preceding calendar year were 

reduced by at least three percent of the 

VOC baseline emission rate. This 

demonstration is required for five 

consecutive years after issuance of the 

source’s initial permit, for a total VOC 

reduction of at least 15 percent from the 

VOC baseline emission rate. 

Additionally, the rule requires any 

owner/operator using an ECS to reduce 

emissions to submit an O&M plan for 

approval to the GRIC DEQ. It also 

requires any person engaged in 

incinerating, adsorbing, or otherwise 

processing organic materials to properly 

install, maintain, calibrate, and operate 

monitoring devices to determine 

whether air pollution control equipment 

is functioning properly. Finally, the rule 

establishes recordkeeping requirements 

and test methods for determining 

compliance. 

Section 2.0 (Aerospace Manufacturing 

and Rework Operations) applies to any 

aerospace manufacturing or rework 

facility whose plantwide PTE exceeds 

10 pounds of VOCs per day. The rule 

establishes VOC content limits for 

primers, topcoats, chemical milling 

maskants, and specialty coatings. In lieu 

of meeting the applicable coating limits 

in the rule, an owner/operator of a 

subject facility may comply with the 

rule by installing and operating an 

approved ECS, provided the owner/ 

operator can demonstrate to the GRIC 

DEQ that the control system will 

achieve a combined VOC emission 

capture and control efficiency of at least 

81% by weight. The rule establishes 

techniques for the application of 

primers and topcoats, as well as 

operational standards for hand-wipe 

cleaning, solvent cleaning, and 

housekeeping. The rule also establishes 

detailed recordkeeping and reporting 

requirements and identifies specific 

methods for determining compliance. 

Certain specified activities are exempt 

from the rule—e.g., research and 

development operations, chemical 

milling (except for application of 

chemical milling maskants), electronic 

parts and assemblies (except for 

cleaning and topcoating of completed 

assemblies), and wastewater treatment 

operations. 

Section 3.0 (Nonmetallic Mineral 

Mining and Processing) regulates VOC 

emissions from cutback asphalt 

operations and particulate matter (PM– 

10) emissions from sand and gravel 

facilities. Specifically, the rule applies 

to any commercial and/or industrial 

nonmetallic mineral mining or rock 

product plant, concrete batch plant, hot 

mix asphalt plant, or vermiculite and/or 

perlite processing plant. 

First, the rule establishes several 

general prohibitions, including a 

prohibition on the sale, offer for sale, 

use, or application of the following 

materials at facilities covered by the 

rule: (1) Rapid cure cutback asphalt, (2) 

any cutback asphalt material, road oils, 

or tar that contains more than 0.5 

percent by volume VOCs that evaporate 

at 500 degrees Fahrenheit or less, or (3) 

any emulsified asphalt or emulsified tar 

containing more than 3.0 percent by 

volume VOCs that evaporate at 500 

degrees Fahrenheit or less. 

Second, the rule establishes specific 

limitations on visible emissions and 

emissions of PM–10 from nonmetallic 

mineral processing plants, concrete 

batch plants, hot mix asphalt plants, 

and vermiculate and perlite processing 

facilities. Any person subject to the rule 

must install and operate a wet dust 

suppression system or other control 

method approved by the GRIC DEQ to 

minimize fugitive dust emissions from 

any material handling system, 

conveyance system transfer point, 

screening operation or crusher without 

a capture and collection system, and 

nonmetallic mineral loading/unloading 

operation, unless the materials have 

sufficient moisture content to prevent 

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28See ‘‘Developing a Tribal Implementation Plan,’’ 

Office of Air Quality Planning and Standards, US 

EPA, October 2002 (EPA 452/R–02–010), http:// www.epa.gov/air/tribal/tip2002/index.html, at 

Chapter 3. 

visible emissions in excess of the limits 

in the rule. 

Third, any owner/operator using an 

ECS to reduce emissions must submit an 

O&M Plan for approval to the GRIC 

DEQ, together with the initial 

application for an operating permit. The 

O&M Plan must contain specific 

conditions and procedures to ensure 

proper operation of the ECS, and the 

owner/operator must fully comply with 

each submitted O&M Plan, unless 

notified otherwise in writing by the 

GRIC DEQ. 

Finally, the rule establishes detailed 

monitoring, reporting and 

recordkeeping requirements, as well as 

specific methods for determining 

compliance with the PM–10 emission 

limitations and opacity limitations in 

the rule. 

We have determined that Part VII of 

the AQMP contains specific, welldefined requirements that meet EPA’s 

enforceability requirements under CAA 

section 110(a)(2)(A). As described 

above, the rules contain test methods 

and monitoring, recordkeeping, and 

reporting requirements adequate to 

determine compliance; clearly identify 

the activities that are subject and those 

that are exempt from rule requirements; 

and do not allow for variations from the 

rules other than those specified in the 

limited exemptions. EPA is proposing to 

approve these rules as elements of a 

base TIP suitable to the GRIC’s 

reservation and regulatory capacities. 

Our TSD contains more information 

about each of these rules and 

suggestions for rule improvement that 

do not affect our proposed action. 

D. What other information has the GRIC 

submitted to support the TIP? 

1. Emissions Inventory 

An emissions inventory is a 

quantitative list of the amounts and 

types of pollutants that are entering the 

air from the pollution sources in a given 

jurisdiction. The inventory may be 

comprehensive, looking at all 

pollutants, or focused on only selected 

pollutants of concern. The fundamental 

elements in an emissions inventory are 

the characteristics and locations of the 

air emissions sources, and the amounts 

and types of pollutants emitted. 

Periodic inventories are used to track 

changes in emissions over time, 

estimate the effectiveness of emission 

reduction strategies, and track the 

progress of air quality.28

The GRIC DEQ has chosen an annual 

emission inventory as its approach to 

identifying the pollutants emitted and 

the pollution sources in its jurisdiction. 

The most recent emissions inventory 

that the GRIC DEQ submitted to EPA 

uses a baseline year of 2007 and 

provides estimates of the VOC, nitrogen 

oxides (NOX), carbon monoxide (CO), 

sulfur oxides (SOX) and PM10 emissions 

from point sources, area sources, and 

mobile sources within the GRIC 

reservation. See Letter dated June 22, 

2009, from Margaret Cook, Executive 

Director, GRIC DEQ, to Laura Yoshii, 

Acting Regional Administrator, EPA 

Region 9, ‘‘Re: Technical Corrections to 

the GRIC Air Quality Management 

Plan,’’ enclosure entitled ‘‘2007 

Emissions Inventory Update for the Gila 

River Indian Community.’’ We find that 

the method used by the GRIC DEQ to 

produce the emissions inventory is 

acceptable, and that the inventory is 

comprehensive, accurate, and current. 

Table 3 provides a summary of the GRIC 

emissions inventory. 

TABLE 3—SUMMARY OF EMISSIONS (BY POLLUTANT) FROM AIR POLLUTANT EMISSION SOURCES ON THE GRIC 

RESERVATION, 2007 

[Tons/year] a

Pollutant‰Source PM–10 CO NOX VOC SOX

Point ............................................................................................................................. 1048 161 175 142 31 

Mobile .......................................................................................................................... 386 10,588 2055 929 37 

Area .............................................................................................................................. 759 63 52 56 0 

Total ...................................................................................................................... 2193 10,812 2282 1127 68 

aFrom Table 4–1, 2007 Emissions Inventory Update for the Gila River Indian Community. Totals may not be precise due to rounding. 

The emissions inventory is not part of 

the TIP but supports the GRIC’s ongoing 

evaluations of air pollution within the 

reservation and efforts to further 

develop its regulatory programs to 

address the Tribe’s air quality needs. 

2. Air Quality Monitoring Network 

An air quality monitoring network 

consists of one or more sites where 

instruments are located to measure the 

concentrations of pollutants in the air at 

regular intervals. Meteorological 

stations often are part of an air quality 

monitoring network. Data collected by 

the monitoring network can be used to 

identify changes in air quality and to 

determine whether the area meets the 

NAAQS for the criteria pollutants. 

An air quality monitoring network 

should be designed to meet at least one 

of the following basic monitoring 

objectives: 

• To determine highest 

concentrations expected to occur in the 

area covered by the network; 

• To determine representative 

concentrations in areas of high 

population density; 

• To determine the impact on 

ambient pollution levels of significant 

sources or source categories; and 

• To determine general background 

pollution concentration levels. 

EPA’s ambient air monitoring 

regulations in 40 CFR part 58 establish 

minimum quality assurance 

requirements and monitor network 

design criteria. Effective December 18, 

2006, these regulations require that 

monitoring organizations submit to 

EPA, beginning July 1, 2007, an annual 

monitoring plan that explains how the 

siting and operation of each monitor in 

the network meets the quality assurance 

requirements of 40 CFR part 58, among 

other things. 40 CFR 58.10. Although 

Indian Tribes are generally not required 

to monitor ambient air, Tribes may 

choose to do so and, in some cases, may 

be required by EPA to institute quality 

assurance programs that comply with 40 

CFR part 58 appendix A and to insure 

that the monitoring data they collect is 

representative of their respective 

airsheds. 71 FR 61236 at 61242 (October 

17, 2006) (final rule: revisions to 

ambient air monitoring regulations). 

The GRIC submitted its first annual 

monitoring network plan pursuant to 

the requirements of 40 CFR 58.10 on 

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29On September 12, 2006, the GRIC submitted a 

Quality Assurance Project Plan (QAPP) for its 

ambient air monitoring program. EPA approved the 

QAPP for collection of environmental data on April 

13, 2007. See letter dated April 13, 2007, from 

Eugenia McNaughton and Sean Hogan, US EPA 

Region 9, to Leroy Williams, GRIC DEQ. 

December 19, 2007.29 See Gila River 

Indian Community Department of 

Environmental Quality, Air Quality 

Program, 2006 Tribal Ambient Air 

Monitoring Network Review (2006 

Annual Network Plan). The 2006 

Annual Network Plan describes the 

Tribe’s ozone and PM10 monitoring 

networks and how each monitor in 

these networks meets the Tribe’s 

monitoring objectives consistent with 

the quality assurance requirements of 40 

CFR part 58. EPA reviewed and 

approved the GRIC’s 2006 Annual 

Network Plan on May 9, 2008. See letter 

dated May 9, 2008, from Sean Hogan, 

Air Quality Analysis Office, US EPA 

Region 9, to Leroy Williams, Air Quality 

Program, GRIC DEQ. 

The GRIC’s ozone monitoring network 

is comprised of two State and Local Air 

Monitoring Station (SLAMS) monitors 

in the reservation. See 2006 Annual 

Network Plan at 7. One of these 

monitors is located at the GRIC DEQ 

building in Sacaton, Arizona, about 40 

miles southeast of Phoenix. The other 

SLAMS monitor in the ozone 

monitoring network is at St. Johns-Gila 

Crossing North Middle School. Both 

monitors are regional/rural scale 

monitors designed to monitor 

population exposure and are long-term 

trends sites that operate on a seasonal 

schedule, from April through October. 

The areas surrounding both monitors 

are a mixture of residential areas and 

businesses. Id. at 7–9. 

The GRIC’s PM10 monitoring network 

consists of one SLAMS monitoring site 

located at the Casa Blanca-Va Ki 

Elementary School. See 2006 Annual 

Network Plan at 9. This monitor is 

designed to measure neighborhood and 

regional-scale air pollutant 

concentrations and operates on a one-inthree-day sampling schedule. The area 

surrounding the monitor is a mixture of 

residential areas, businesses, and 

agricultural operations. The GRIC also 

operates several PM10 Special Purpose 

Monitor (SPM) stations throughout the 

reservation and anticipates adding three 

continuous PM10 SLAMS monitors to its 

PM10 monitoring network, at the Casa 

Blanca, St. Johns, and Sacaton sites. Id. 

at 4, 9–11. 

The air quality data collected by the 

GRIC DEQ are used for a variety of 

purposes including: determining 

compliance with the NAAQS, 

determining the location of maximum 

pollutant concentrations, determining 

the effectiveness of air pollution control 

programs, evaluating the effects of air 

pollution on public health, supporting 

dispersion models, developing costeffective pollution control strategies, 

and determining air quality trends. See 

2006 Annual Network Plan at 1. The 

GRIC regularly submits its data to EPA’s 

Air Quality System (AQS) database. 

The GRIC Air Program also monitored 

for PM2.5 in two locations in the 

reservation between 2002 and 2004. On 

September 21, 2004, EPA Region 9 

concurred with the GRIC DEQ’s request 

to discontinue operation of the PM2.5

monitors based on the low 

concentrations of recorded PM2.5 data 

and a determination that PM2.5

monitoring in the reservation is not 

required by EPA regulations. See letter 

dated September 21, 2004, from Robert 

S. Pallarino, EPA Region 9, to Leroy 

Williams, GRIC DEQ. 

The air quality monitoring network is 

not part of the TIP but supports the 

GRIC’s ongoing evaluations of air 

pollution within the reservation and 

efforts to further develop its regulatory 

programs to address the Tribe’s air 

quality needs. 

V. Proposed Action 

Under CAA sections 110(o), 110(k)(3) 

and 301(d), EPA is proposing to fully 

approve the TIP submitted by the GRIC 

DEQ on February 21, 2007, as 

supplemented on July 11, 2007, June 22, 

2009, and July 17, 2010. The TIP 

includes general and emergency 

authorities, ambient air quality 

standards, permitting requirements for 

minor source of air pollution, 

enforcement authorities, procedures for 

administrative appeals and judicial 

review in Tribal court, requirements for 

area sources of fugitive dust and fugitive 

particulate matter, general prohibitory 

rules, and source category-specific 

emission limitations and standards. 

These provisions establish a base TIP 

that is suitable for the GRIC’s 

reservation and regulatory capacities 

and that meets all applicable minimum 

requirements of the CAA and EPA 

regulations. 

We are proposing to act only on those 

portions of the GRIC AQMP that 

constitute a TIP containing severable 

elements of an implementation plan 

under section 110(a) of the CAA, as 

discussed in this notice. We are not 

proposing today to act on those 

elements of the GRIC AQMP that 

address requirements of CAA title V or 

any other program under the Act. We 

intend to take separate action on other 

CAA programs submitted by the GRIC 

DEQ, as appropriate. 

VI. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735 (October 4, 1993)), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). This proposed action merely 

proposes to approve laws of an eligible 

Indian tribe as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

Tribal law. Accordingly, the 

Administrator certifies that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.). Because this rule proposes to 

approve pre-existing requirements 

under Tribal law and does not impose 

any additional enforceable duty beyond 

that required by Tribal law, it 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). 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires 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.’’ EPA has concluded that 

this proposed rule will have tribal 

implications in that it will have 

substantial direct effects on the GRIC. 

However, it will neither impose 

substantial direct compliance costs on 

tribal governments, nor preempt tribal 

law. EPA is proposing to approve the 

GRIC’s TIP at the request of the Tribe. 

Tribal law will not be preempted as the 

GRIC incorporated the TIP into Tribal 

Law on December 13, 2006. The Tribe 

has applied for, and fully supports, the 

proposed approval of the TIP. If it is 

finally approved, the TIP will become 

federally enforceable. 

EPA worked and consulted with 

officials of the GRIC DEQ early in the 

process of developing this proposed 

regulation to permit them to have 

meaningful and timely input into its 

development. In order to administer an 

approved TIP, tribes must be 

determined eligible (40 CFR part 49) for 

TAS for the purpose of administering a 

TIP. During the TAS eligibility process, 

the Tribe and EPA worked together to 

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48894 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Proposed Rules 

ensure that the appropriate information 

was submitted to EPA. The GRIC and 

EPA also worked together throughout 

the process of development and Tribal 

adoption of the TIP. The Tribe and EPA 

also entered into a criminal enforcement 

MOA. 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255 

(August 10, 1999)). This action merely 

proposes to approve a Tribal rule 

implementing a TIP covering areas 

within the exterior boundaries of the 

GRIC reservation, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This proposed rule 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, ‘‘Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations’’ (59 FR 7629, 

February 16, 1994). This proposed rule 

also is not subject to Executive Order 

13045 ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885 (April 23, 1997)), 

because it is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act (NTTAA) of 1995 (15 

U.S.C. 272) do not apply to this 

proposed rule. In reviewing TIP 

submissions, the EPA’s role is to 

approve an eligible tribe’s submission, 

provided that it meets the criteria of the 

Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the Tribe to use voluntary consensus 

standards (VCS), the EPA has no 

authority to disapprove a TIP 

submission for failure to use VCS. It 

would thus be inconsistent with 

applicable law for the EPA, when it 

reviews a TIP submission, to use VCS in 

place of a TIP submission that otherwise 

satisfies the provisions of the Clean Air 

Act. Thus, the requirements of section 

12(d) of the NTTAA do not apply. This 

proposed rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501, et seq.). 

List of Subjects in 40 CFR Part 49 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: July 29, 2010. 

Jeff Scott, 

Acting Regional Administrator, EPA Region 

IX. 

[FR Doc. 2010–19926 Filed 8–11–10; 8:45 am] 

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ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–NM–0009; FRL– 

9187–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Revisions to Emissions 

Inventory Reporting Requirements, 

and General Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve revisions to the New Mexico 

State Implementation Plan (SIP). These 

revisions concern two separate actions. 

First, we are proposing to approve 

revisions to regulations on Emissions 

Inventories (EIs) submitted by stationary 

sources of air pollutants. EIs are critical 

for the efforts of State, local, and federal 

agencies to attain and maintain the 

National Ambient Air Quality Standards 

that EPA has established for criteria 

pollutants such as ozone, particulate 

matter, and carbon monoxide. The 

revisions add new definitions, modify 

existing definitions, and require 

stationary sources of air pollutants 

located in New Mexico outside of 

Bernalillo County to report emissions 

location information, PM2.5 emissions, 

and ammonia emissions to New Mexico 

Environment Department (NMED). The 

revisions also allow NMED to require 

speciation of hazardous air pollutants 

for emissions reporting. Second, we are 

proposing to approve revisions to the 

General Provisions of the NMAC (20.2.1 

NMAC—General Provisions). We are 

proposing to add a new definition for 

Significant Figures into the New Mexico 

SIP. EPA is proposing to approve these 

two actions pursuant to section 110 of 

the Federal Clean Air Act. 

DATES: Written comments must be 

received on or before September 13, 

2010. 

ADDRESSES: Comments may be mailed to 

Mr. Guy Donaldson, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the Addresses section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Emad Shahin for Emission Inventory 

inquiries, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

214–665–6717; fax number 214–665– 

7263; e-mail address 

shahin.emad@epa.gov, and Mr. Alan 

Shar for General Provisions inquiries, 

Air Planning Section (6PD–L), 

telephone 214–665–6691; fax number 

214–665–7263; e-mail address 

shar.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule, which is located in the 

rules section of this Federal Register. 

Dated: August 3, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2010–19820 Filed 8–11–10; 8:45 am] 

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