[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Notices]
[Pages 56160-56161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28549]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5914-6]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Clean Air Act Tribal Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Clean Air Act Tribal Authority, OMB 
Code No. 2060-0306, expiring 03/31/98. Before submitting the ICR to OMB 
for review and approval, EPA is soliciting comments on specific aspects 
of the proposed information collection as described below.

DATES: Comments must be submitted on or before December 29, 1997.

ADDRESSES: Office of Air and Radiation, Office of Program Management 
Operations, U.S. Environmental Protection Agency, 401 M Street, S.W., 
Washington, D.C. 20460. Interested persons may request a copy of the 
ICR by calling (202) 260-7652, or by electronic mail at 
``<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="f1bd90839e929994df9590879895b1b4a1b09c90989ddfb4a1b0df969e87">[email protected]</a>''.

FOR FURTHER INFORMATION CONTACT: David Laroche, Telephone No. (202) 
260-7652/ Facsimile No. (202) 260-8509/E-MAIL Address. 
``<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="1854796a777b707d367c796e717c585d485975797174365d4859367f776e">[email protected]</a>''.

SUPPLEMENTARY INFORMATION:

    Affected entities: Entities potentially affected by this action are 
Indian Tribes.
    Title: Clean Air Act Tribal Authority, (OMB Code No.2060-0306; EPA 
ICR No. 1676.02), expiring 03/31/98.
    Abstract: This ICR requests clearance on EPA's review and approval 
process for determining Tribe eligibility to carry out the Clean Air 
Act (CAA). Tribes may choose to submit a CAA eligibility and a CAA 
program application to EPA at the same time for approval and EPA will 
review both submittals simultaneously. EPA will use this information to 
determine if a Tribe meets the statutory criteria under the section 
301(d) of the CAA and is qualified for purposes of implementing an Air 
Quality Program. Section 114 of the CAA is the authority for the 
collection of information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. Section 
301(d) of the CAA directs EPA's Administrator to promulgate regulations 
specifying those provisions of the Act which determine Tribe 
eligibility. When promulgated, the regulations will give Tribes the 
opportunity, if they choose, to implement all CAA programs. The Tribal 
rule will authorize approved Tribes to exercise civil authority over 
all air resources within the exterior boundaries of their reservations, 
including nontribal owned fee lands, or other areas within the Tribes' 
jurisdiction. The regulation is under administrative review and 
promulgation is expected in 1997.
    Each Tribe is to meet eligibility by demonstrating it: (1) Is a 
Federally recognized Tribe; (2) has a governing body carrying out 
substantial governmental duties and powers; and (3) is reasonably 
expected to be capable of carrying out the program for which it is 
seeking approval in a manner consistent with the CAA and applicable 
regulations. If the Tribe is asserting jurisdiction over off-
reservation lands, it must demonstrate the legal and factual basis for 
its jurisdiction consistent with applicable principles of Indian Laws.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the

[[Page 56161]]

proposed collection of information, including the validity of the 
methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: This rule incorporates the Agency's streamlined 
process for Tribes to be determined eligible to implement directly 
provisions of the CAA. Some of the Tribes may have compiled the 
information necessary to apply for eligibility determination for 
purposes of the Clean Water Act or Safe Drinking Water Act. The number 
of respondents will vary depending upon air quality conditions and 
major sources on reservations. The annual burden associated with 
eligibility is estimated to be 40 hours per Tribe and average 
respondent per hour labor cost is $25.13, with no associated projected 
capital or Operations and Management costs. The estimated number of 
respondent Tribes applying for CAA programs over the next three years 
is 36.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.

    Dated: October 22, 1997.
Richard D. Wilson,
Acting Assistant Administrator for Air & Radiation.
[FR Doc. 97-28549 Filed 10-28-97; 8:45 am]
BILLING CODE 6560-50-P


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