22028 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 

hearing (or alternatively, a hearing 

solely on written submissions) shall be 

conducted, and setting the place, date, 

and time for such a hearing. 

(e) Administering oaths or 

affirmations to witnesses. 

(f) Conducting the hearing in a 

manner to maintain discipline and 

decorum while assuring that relevant, 

reliable and probative evidence is 

elicited on the issues in dispute, but 

irrelevant, immaterial or repetitious 

evidence is excluded. The Hearing 

Official in his or her discretion may 

examine witnesses to ensure that a 

satisfactory record is developed. 

(g) Establishing the record in the case. 

The weight to be attached to any 

evidence of record will rest within the 

discretion of the Hearing Official. 

Except as the Hearing Official may 

otherwise order, no proof shall be 

received in evidence after completion of 

an oral hearing or, in cases submitted on 

the written record, after notification by 

the Hearing Official that the record is 

closed. The Hearing Official may require 

either party, with appropriate notice to 

the other party, to submit additional 

evidence on any relevant matter. 

(h) Granting reasonable time 

extensions or other relief for good cause 

shown in the Hearing Official’s sole 

discretion. 

(i) Issuing the final decision. The 

decision must include the 

determination of the amount and 

validity of the alleged debt and, where 

applicable, the repayment schedule. The 

Hearing Official will issue the decision 

as soon as practicable after the close of 

the record. Collection activity remains 

stayed until the decision has issued. 

§ 961.9 Opportunity for oral hearing. 

An oral hearing shall be conducted in 

the sole discretion of the Hearing 

Official. An oral hearing may be 

conducted in-person, by telephone, by 

video conference, or other appropriate 

means as directed by the Hearing 

Official. When the Hearing Official 

determines that an oral hearing shall not 

be conducted, the decision shall be 

based solely on the written submissions. 

The Hearing Official shall arrange for 

the recording and transcription of an 

oral hearing, which shall serve as the 

official record of the hearing. In the 

event of an unexcused absence, the 

hearing may proceed without the 

participation of the absent party. 

§ 961.10 Effect of Hearing Official’s 

decision; motion for reconsideration. 

(a) After the receipt of written 

submissions or after the conclusion of 

the hearing and the receipt of posthearing briefs, if any, the Hearing 

Official shall issue a written decision, 

which shall include the findings of fact 

and conclusions of law, relied upon. 

(b) The Hearing Official shall send 

each party a copy of the decision. The 

Hearing Official’s decision shall be the 

final administrative determination on 

the employee’s debt or repayment 

schedule. No reconsideration of the 

decision will be allowed unless a 

motion for reconsideration is filed 

within 10 days from receipt of the 

decision and shows good cause for 

reconsideration. Reconsideration will be 

allowed only in the discretion of the 

Hearing Official. A motion for 

reconsideration by the employee will 

not operate to stay a collection action 

authorized by the Hearing Official’s 

decision. 

§ 961.11 Consequences for failure to 

comply with rules. 

(a) The Hearing Official may 

determine that the employee has 

abandoned the right to a hearing, and 

that administrative offset may be 

initiated if the employee files his or her 

petition late without good cause; or files 

a withdrawal of the employee’s petition 

for a hearing. 

(b) The Hearing Official may 

determine that the administrative offset 

may not be initiated if the Postal Service 

fails to file the answer or files the 

answer late without good cause; or files 

a withdrawal of the debt determination 

at issue. 

(c) If a party fails to comply with 

these Rules or the Hearing Official’s 

orders, the Hearing Official may take 

such action as he or she deems 

reasonable and proper under the 

circumstances, including dismissing or 

granting the petition as appropriate. 

§ 961.12 Ex parte communications. 

Ex parte communications are not 

allowed between a party and the 

Hearing Official or the Official’s staff. Ex 

parte communication means an oral or 

written communication, not on the 

public record, with one party only with 

respect to which reasonable prior notice 

to all parties is not given, but it shall not 

include requests for status reports or 

procedural matters. A memorandum of 

any communication between the 

Hearing Official and a party will be 

transmitted to both parties. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2014–08963 Filed 4–18–14; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2010–0943; FRL–9909–19– 

OAR] 

RIN 2060–AQ55 

Amendments to Delegation of 

Authority Provisions in the Prevention 

of Significant Deterioration Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is promulgating 

amendments to the New Source Review 

(NSR) Prevention of Significant 

Deterioration (PSD) program that amend 

certain outdated language that limited 

the EPA’s ability to delegate the federal 

PSD program to interested Indian tribes. 

This final action provides consistency 

with the current federal PSD regulatory 

requirements by allowing the EPA to 

delegate the PSD program to interested 

tribes for their attainment areas. The 

EPA regulations already provide for the 

administrative delegation of the PSD 

program to state and local governments 

for their attainment areas and 

administrative delegation of the 

nonattainment NSR program to states, 

tribes and local governments. This final 

rule deletes a restriction on tribes’ 

ability to take delegation of the PSD 

program and includes tribes, along with 

state and local governments, to make it 

clear that tribes, as well as states and 

local governments, may voluntarily 

request and assume direct delegation of 

the NSR program in areas that are 

currently attaining the national ambient 

air quality standards (NAAQS). This 

final rule does not create any new 

requirements. 

DATES: This final rule is effective April 

21, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2010–0943. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the EPA’s Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 22029 

Constitution Avenue NW., Washington, 

DC 20004. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the EPA 

Docket Center is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Regina Chappell, Outreach and 

Information Division, Office of Air 

Quality Planning and Standards, Mail 

Code C–304–03, Environmental 

Protection Agency, Research Triangle 

Park, NC 27711; telephone number: 

(919) 541–3650; fax number: (919) 541– 

0942; email address: 

chappell.regina@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this 

document? 

II. Background Information for This Final 

Rule 

A. What is the New Source Review 

Program? 

B. What is the statutory authority and 

regulatory approach for this final rule? 

C. Why is this final action needed? 

III. Summary of Final Rule 

IV. Summary of Impacts of the Amendments 

V. Summary of Public Comments and the 

EPA Responses 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. General Information 

A. Does this action apply to me? 

Generally, this final rule applies only 

to tribal governments. It removes a 

restriction relating to delegation of the 

federal NSR PSD program to tribes and 

allows, but does not require, interested 

tribes to request such delegation for 

sources in their attainment areas. It does 

not make changes to the underlying 

federal PSD program requirements and 

thus should not have any significant 

impact on new or modified sources. 

B. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this action 

will also be available on the Worldwide 

Web (WWW). Following signature, a 

copy of this final action will be posted 

in the regulations and standards section 

of the NSR home page located at 

http://www.epa.gov/nsr/, on the tribal 

air home page at http://www.epa.gov/ 

oar/tribal and on the Technology 

Transfer Network (TTN) policy and 

guidance page for newly proposed or 

promulgated rules at the following 

address: http://www.epa.gov/ttn/oarpg/. 

The TTN provides information and 

technology exchange in various areas of 

air pollution control. 

II. Background Information for This 

Final Rule 

A. What is the New Source Review 

Program? 

The major NSR program contained in 

parts C and D of title I of the Clean Air 

Act (CAA or Act) is a preconstruction 

review and permitting program 

applicable to new major sources and 

major modifications at existing sources. 

In areas designated as meeting the 

NAAQS (‘‘attainment’’ areas) or for 

which there is insufficient information 

to determine whether they meet the 

NAAQS (‘‘unclassifiable’’ or 

‘‘unclassifiable/attainment’’ areas), the 

NSR requirements under part C of title 

I of the Act apply. We call this portion 

of the major NSR program the 

‘‘Prevention of Significant 

Deterioration’’ or PSD program. In areas 

not meeting the NAAQS and in ozone 

transport regions (OTR), the major NSR 

program is implemented under the 

requirements of part D of title I of the 

Act. We call this program the 

‘‘nonattainment’’ major NSR program. 

We have promulgated rules in 40 CFR 

52.21 to implement the PSD program in 

portions of the country that do not have 

approved state or tribal PSD programs. 

This final rule amends 40 CFR 52.21. 

B. What is the statutory authority and 

regulatory approach for this final rule? 

The authority for this proposed action 

is the CAA section 301(a). The EPA 

notes that CAA section 301(d) (which 

postdates the original regulation that 

established § 52.21(u), a provision that 

is being amended by this rule) and its 

implementing regulations under the 

Tribal Authority Rule (TAR) at 40 CFR 

49.6 and 49.7 allow tribes to seek 

approval for such programs covering 

their reservations or other areas within 

their jurisdiction. These provisions also 

establish the criteria tribes must meet 

and the types of information that must 

be included in tribal applications to 

obtain eligibility to administer tribal 

programs, including Tribal 

Implementation Plans and tribal NSR 

programs. The TAR allows tribes to seek 

approval for such programs covering 

their reservations or other areas within 

their jurisdiction. 

Although section 301(d) of the Act 

and the TAR authorize the EPA to 

review and approve tribal programs, 

neither the Act nor the regulations 

require the EPA approval of tribal 

programs as the sole mechanism 

available for tribal agencies to take on 

permitting responsibilities. Some tribes 

may choose not to develop their own 

tribal NSR programs for submission to 

the EPA for approval under the TAR, 

but may still wish to assist the EPA in 

implementing all or some portion of the 

federal PSD program for their area of 

Indian country. Accordingly, we are 

amending 40 CFR 52.21 to remove a 

restriction that has prevented the EPA 

from delegating administration of the 

federal PSD program to interested tribal 

agencies for their attainment areas. By 

administering the federal program 

through a delegation, tribal agencies 

may remain appropriately involved in 

implementation of an important air 

quality program and may develop their 

own capacity to manage such programs 

in the future should they choose to do 

so. Removing this restriction is 

consistent with the EPA’s existing and 

well-established procedures for 

delegating administration of federal 

CAA programs, including existing 

provisions at 40 CFR 52.21(u)—which 

already provides for administrative 

delegation to state and local air 

agencies, but which currently prevents 

delegation to interested tribes—40 CFR 

71.4(j) and 71.10 (federal operating 

permits), 40 CFR 49.122 (federal air 

rules for Indian reservations in the 

Pacific Northwest), and 40 CFR 49.161 

and 49.173 (NSR rules for Indian 

country). 

C. Why is this final action needed? 

This final action enables the EPA to 

delegate the federal PSD program (40 

CFR 52.21(u)) to interested Indian 

tribes. This action is consistent with 

existing PSD regulatory requirements, 

which already provide for delegation of 

administration of the program to states, 

and makes that opportunity available to 

interested tribes. 

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22030 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 

III. Summary of Final Rule 

This rule amends the NSR PSD 

program provisions at 40 CFR 52.21, 

paragraph (u) Delegation of Authority. 

In paragraph (u)(1), we are correcting an 

erroneous cross reference and deleting a 

cross reference that is no longer needed. 

In paragraph (u)(2)(i), the provisions 

stated that the delegate agency shall 

consult with the appropriate state and 

local air pollution control agency. We 

have included tribes along with state 

and local air pollution control agencies 

in this provision to provide equivalent 

involvement for tribal air pollution 

control agencies. Paragraph (u)(3) was 

deleted to remove the restriction that 

stated the Administrator shall not 

redelegate review authority to anyone 

other than an EPA Regional Office 

except where the state has assumed 

jurisdiction over such land. This 

restriction had prevented the EPA from 

delegating the PSD program to 

interested tribes and will no longer be 

in effect once paragraph (u) is amended. 

Paragraph (u)(4) was designated as the 

new paragraph (u)(3). These changes 

provide appropriate opportunities for 

interested tribes to seek delegation of 

the federal PSD program over relevant 

sources and modifications in their areas. 

IV. Summary of Impacts of the 

Amendments 

This final action will allow, but not 

require, interested tribes to take direct 

delegation of the federal PSD program. 

It does not make changes to the 

underlying federal requirement that the 

EPA must implement the program 

where delegation does not occur and 

thus should not have a significant 

impact on new or modified sources. 

The EPA has administered the 

delegation process under § 52.21(u) for 

the federal PSD Program and the EPA 

intends to continue using the same 

approach when applying this provision 

to tribal governments. The provision 

now designated as § 52.21(u) has been 

in place, in one form or another, since 

the federal Prevention of Significant Air 

Quality Deterioration rule was first 

promulgated in 1974. (See 39 FR 42510, 

42517, December 5, 1974; 45 FR 33290, 

May 19, 1980.) Over time, the EPA has 

used that provision to successfully 

delegate authority to implement the 

Federal PSD Program to numerous state 

and local air pollution control agencies. 

See e.g. 46 FR 9580, Jan. 29, 1981 

(delegations to states in Region 5). 

Those delegations are authorized by the 

EPA’s Regional Offices. The process for 

delegating programs varies somewhat 

from Region to Region. Regardless of the 

exact process used, however, the 

specifics of the delegation are embodied 

in a formal delegation agreement. The 

agreement becomes effective when 

signed by the Regional Administrator 

and the state or local agency. The EPA 

believes that the many prior successful 

delegations carried out under § 52.21(u) 

provide an appropriate background of 

experience for the Agency as it moves 

forward with including interested tribes 

as potential delegate agencies for 

purposes of the PSD program. The EPA 

expects that the same procedures that 

have been used with state and local 

agencies will prove relevant and equally 

successful as tribes begin to seek 

administrative delegation of the Federal 

PSD Program. Precise details and 

functions at issue with any particular 

delegation will—as they have been with 

states and local agencies—be 

memorialized in an applicable written 

delegation agreement between the EPA 

and the delegated tribal governing body. 

The EPA notes that it has since 

written additional regulations that 

include somewhat more detailed 

delegation provisions. With regard to 

delegations to tribes, these include, for 

instance, the Federal Air Rules for 

Indian Reservations in Idaho, Oregon 

and Washington and the rule titled 

Review of New Sources and 

Modifications in Indian Country. In 

those cases, the EPA was establishing 

new regulatory programs for areas of 

Indian country, including newlyestablished administrative delegation 

opportunities and procedures. In each 

case, the EPA provided a discussion of 

the delegation process that was 

appropriate for the new programs. By 

contrast, as discussed above in the case 

of § 52.21(u), the EPA already has a 

substantial body of experience and 

history applying the provision that one 

can look to for guidance. The EPA 

believes the various provisions the EPA 

has established for administrative 

delegations are appropriate for the 

particular programs in which they are 

included. As a result, some of the more 

recent delegation provisions differ from 

§ 52.21(u) in some respects. 

V. Summary of Public Comments and 

the EPA Responses 

The EPA received a total of five 

public comments during the 60-day 

open comment period of the proposed 

rule. Specifically, two were from tribes, 

one from an industry party and two 

were from private citizens. The tribes 

and private citizens that commented on 

the proposed rule were very supportive 

of this action. They stated that it was a 

practical rule that would not only allow 

interested tribes to seek delegation of 

the program but also provide additional 

opportunities for self governance for 

tribal communities. One industry party 

commented that they support the EPA’s 

efforts to build tribal capacity for 

implementing and enforcing CAA 

programs and that it is important to 

provide opportunities to tribes to be 

involved with the implementation of 

CAA programs on tribal lands. 

We agree that this rule is important to 

increase opportunities for involvement 

of interested tribes in air program 

implementation and to promote self 

governance for tribal communities. It is 

designed to eliminate a prior limitation 

on tribal involvement and expand the 

Agency’s ability to work with interested 

tribes on implementation of the federal 

PSD program. 

One tribe commented that there 

should be agency support and outreach 

to tribes that may not have been 

involved with this rulemaking process 

to assist them with the implementation 

of the program. Following 

promulgation, we intend to hold 

additional conference calls and 

trainings to assist those interested tribes 

in the delegation process. 

We also received comments from one 

industry party focusing on the overall 

delegation of administrative authority to 

include legal and tribal authority, 

delegation process and agreement, and 

TAS applicability. This company 

commented that the CAA does not give 

the EPA legal authority to delegate its 

federal authority to a state or tribe to 

administer the EPA’s federal 

regulations. We disagree, and believe 

that section 301(a) of the CAA provides 

clear legal authority for administrative 

delegation as discussed in the Tribal 

Authority rule. They further stated that 

the Agency’s administrative delegation 

provisions in the federal PSD rules must 

clearly explain that tribal law needs 

only to authorize the applicable tribal 

agency to administer the federal PSD 

rules and provisions for which it is 

delegated responsibility. The EPA notes 

that where the Agency delegates 

administration of the federal PSD 

program to a state, local agency or tribe, 

the program remains applicable to the 

regulated sources under federal legal 

authority established under the CAA 

and the EPA’s regulations. 

Industry commented that the rule 

must clearly describe the delegation 

process and what the delegation 

agreement does and does not do. The 

EPA anticipates being consistent with 

prior delegations to states and local 

agencies, to include processes, scope 

and limitations, and that these would be 

reflected in a formal delegation 

agreement. Industry also commented 

that TAS is not required for a delegation 

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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 22031 

of administrative authority. The EPA 

agrees. This amendment will put tribes 

on an equal footing with state and local 

air pollution control agencies for 

purposes of taking delegation to assist 

the EPA with administration of the 

federal PSD program. 

The full text of public comments and 

the EPA’s responses to those comments 

can be found in the Amendments to 

Delegation of Authority Provisions in 

the PSD Program docket (EPA–HQ– 

OAR–2010–0943). 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Orders 12866 and 13563 (76 FR 3281, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

action only allows tribes to implement 

an existing program. This action does 

not change the underlying federal 

requirements; it allows interested tribes 

to accept delegation. The Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations 40 CFR 52.21 under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

and has assigned OMB control number 

2060–0003. The OMB control numbers 

for the EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities will not incur any adverse 

impacts as a result of this rule because 

this action does not create any new 

requirements or burdens. No costs are 

associated with this final rule amending 

part 52. This final rule will not impose 

any requirements on small entities. 

D. Unfunded Mandates Reform Act 

This action does not contain a federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

state, local, or tribal governments or the 

private sector. This action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 and 

205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action allows tribes to voluntarily take 

delegation of the PSD requirements but 

does not require them to do so. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will 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. The EPA has 

implementing authority for 40 CFR part 

52 for Indian country. This final action 

allows interested tribes to take 

delegation of the federal program if they 

choose; it does not modify the 

responsibility of the EPA to implement 

the program where no delegation 

occurs. Thus, E.O. 13132 does not apply 

to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Subject to the Executive Order 13175 

(65 FR 67249, November 9, 2000) the 

EPA may not issue a regulation that has 

tribal implications, that imposes 

substantial direct compliance costs, and 

that is not required by statute, unless 

the federal government provides the 

funds necessary to pay the direct 

compliance costs incurred by tribal 

governments, or the EPA consults with 

tribal officials early in the process of 

developing the proposed regulation and 

develops a tribal summary impact 

statement. 

The EPA has concluded that this 

action will have tribal implications. 

However, it will neither impose 

substantial direct compliance costs on 

tribal governments, nor preempt tribal 

law. This final rule does not impose any 

new requirements on tribes so it does 

not impose substantial direct costs. 

However, it does support tribal selfgovernance by enabling tribes to 

implement the federal PSD program as 

the EPA’s delegate, if they choose. 

The EPA consulted with tribal 

officials early in the process of 

developing this regulation to permit 

them to have meaningful and timely 

input into its development. Tribal 

consultation was offered in a 

consultation letter to all federally 

recognized tribes on November 10, 

2011. We provided consultation to 17 

tribes who requested it. We have also 

participated in various tribal meetings 

attended by tribal environmental 

professionals, i.e., National Tribal Air 

Association (NTAA), National Tribal 

Forum (NTF). We received no adverse 

comments when this action was 

presented at those various meetings. 

The EPA specifically solicited 

additional comment on this proposed 

action from tribal officials. 

During development of the proposal, 

the EPA notified tribes in the summer 

of 2011 of our intent to propose 

amendments to the delegation of 

authority provisions in the PSD program 

during a regularly scheduled meeting 

with the NTAA. These NTAA meetings 

update members of upcoming EPA 

policies and regulations and to receive 

input from them on the effects of these 

efforts in Indian country. 

The Agency held a consultation call 

on January 11, 2012, with one tribe. 

Another consultation call was held on 

January 30, 2012, with 16 tribes. Tribal 

comments received during consultations 

on the proposed rule were: tribes 

indicated they were in favor of the rule; 

described the proposal as a responsible 

use of an Agency rulemaking; and 

described the proposal as supporting 

tribal self-governance. The EPA 

considered the additional input from 

these consultation calls and 

coordination activities, in conjunction 

with public comments, in this final rule 

development. 

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22032 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1977) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the E.O. has the 

potential to influence the regulation. 

This action is not subject to E.O. 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under E.O. 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This final rule 

imposes no new requirements but does 

allow interested tribes to accept 

delegation of the existing federal 

program. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801, et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this final rule 

and other required information to the 

United States Senate, the United States 

House of Representatives and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective upon publication in the 

Federal Register. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Indians, Indians-law, 

and Indians-tribal government; 

Incorporation by reference. 

Dated: April 11, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Amend § 52.21 by revising 

paragraphs (u)(1) and (u)(2)(i) and by 

removing paragraph (u)(3) and 

redesignating paragraph (u)(4) as 

paragraph (u)(3) to read as follows: 

§ 52.21 Prevention of significant 

deterioration of air quality. 

* * * * * 

(u) Delegation of authority. (1) The 

Administrator shall have the authority 

to delegate his responsibility for 

conducting source review pursuant to 

this section, in accordance with 

paragraph (u)(2) of this section. 

(2) * * * 

(i) Where the delegate agency is not 

an air pollution control agency, it shall 

consult with the appropriate state, tribe, 

and local air pollution control agency 

prior to making any determination 

under this section. Similarly, where the 

delegate agency does not have 

continuing responsibility for managing 

land use, it shall consult with the 

appropriate state, tribe, and local agency 

primarily responsible for managing land 

use prior to making any determination 

under this section. 

* * * * * 

[FR Doc. 2014–08919 Filed 4–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 69 

[EPA–R09–OAR–2013–0697; FRL–9909–18– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; Commonwealth 

of the Northern Mariana Islands; 

Prevention of Significant Deterioration; 

Special Exemptions From 

Requirements of the Clean Air Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Clean Air Act, the 

Environmental Protection Agency (EPA) 

is taking final action to disapprove the 

state implementation plan (SIP) for the 

Commonwealth of the Northern Mariana 

Islands (CNMI) with respect to 

prevention of significant deterioration 

(PSD), and to incorporate by reference 

the Federal PSD regulations into the 

applicable CNMI plan. EPA is also 

taking final action to grant a petition by 

CNMI for an exemption of the 

applicable PSD major source baseline 

date, and to establish an alternate date, 

January 13, 1997, as the major source 

baseline date and trigger date in CNMI. 

EPA is also making certain corrections 

to errors that were made in previous 

rulemakings related to the CNMI SIP. 

This action establishes the Federal PSD 

regulations as a basic element of the 

applicable CNMI plan and, through the 

exemption, establishes January 13, 1997 

as the major source baseline date (and 

trigger date) under the PSD program in 

CNMI for sulfur dioxide, PM10 and 

nitrogen dioxide. 

mstockstill on DSK4VPTVN1PROD with RULES