7718 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

4 D8 Policy Letter 08–2001 is available at https:// 

www.dco.uscg.mil/Portals/9/OCSNCOE/References/ 

Policy-Letters/D8/D8-PL-08-2001

.pdf?ver=XemXFtSnbUCVYl0M1brmIw%3d%3d. 

5The Coast Guard does not anticipate any 

currently operating FOFs will be determined to be 

a vessel. But, modifications to a currently operating 

unit or a new unit that comes on line in the future 

could be classified as a vessel. 

6 46 CFR 10.107 (definition of ‘‘seagoing 

service’’.) 

manning. An OCMI may require 

manning of vessel FOFs under 46 U.S.C. 

3301 and 3306 and regulations 

promulgated in 46 CFR, chapter I, 

subchapter B, part 15—Manning 

Requirements. 

Non-vessel FOFs. OCSLA does not 

prescribe particular manning 

requirements with the exception of 43 

U.S.C. 1356, which imposes U.S. 

citizenship requirements to units that 

conduct activities under OCSLA 

jurisdiction. For FOFs that are not 

vessels, OCMI manning authority is 

limited to the regulations promulgated 

under 33 CFR chapter I, subchapter N— 

Outer Continental Shelf Activities, 

which is limited to a Person In Charge. 

In association with this clarification 

of requirements, the Coast Guard is 

canceling: USCG District 8 Policy Letter 

08–2001, Licensing Requirements for 

personnel on Non-Self-Propelled 

Floating OCS Facilities. 

4. Credentialing of Personnel Serving on 

FOFs 

The Coast Guard is announcing the 

availability of CG–MMC Policy Letter 

01–22, Merchant Mariner Credential 

Endorsements for Service on Floating 

Outer continental Shelf (OCS) Facilities. 

This letter cancels Eighth District (D8) 

Policy Letter 08–2001, Licensing 

Requirements for Personnel on Non-Self 

Propelled Floating Outer Continental 

Shelf (OCS) Facilities, and outlines the 

new credentialing policies concerning 

personnel serving on FOFs.4

Effective 30 days from the issuance of 

CG–MMC Policy Letter 01–22, the Coast 

Guard will no longer issue original 

MMC officer endorsements that are 

restricted to service on specific types of 

FOFs, referred to as Floating Offshore 

Instillations (FOI) in endorsements. This 

applies to the following endorsements: 

• Offshore Installation Manager 

(Active Ballast FOI); 

• Offshore Installation Manager 

(Passive Ballast FOI); 

• Barge Supervisor (Active Ballast 

FOI); 

• Barge Supervisor (Passive Ballast 

FOI); 

• Ballast Control Operator (Active 

Ballast FOI); and 

• Ballast Control Operator (Passive 

Ballast FOI). 

The Coast Guard will continue to 

issue the following original 

endorsements to mariners meeting 

applicable service and training 

requirements specified in 46 CFR part 

11: 

• Offshore Installation Manager (OIM) 

[46 CFR 11.470]: 

Æ OIM Unrestricted; 

Æ OIM Surface Units on Location; 

Æ OIM Surface Units Underway; 

Æ OIM Bottom Bearing Units on 

Location; and 

Æ OIM Bottom Bearing Units 

Underway; 

• Barge Supervisor (without 

restriction to specific MODU or FOF 

types) [46 CFR 11.472]; and 

• Ballast Control Operator (without 

restriction to specific MODU or FOF 

types) [46 CFR 11.474]. 

There are currently 47 mariners who 

hold one or more of the endorsements 

listed above. Considering that some 

FOFs may be found to be vessels, not 

allowing these endorsements could 

result in taking something of present or 

potential value from the mariners who 

hold them.5 Accordingly, the Coast 

Guard will continue to renew the 

endorsements listed above. 

Mariners who served aboard FOFs 

that have been determined to not be 

vessels will need to renew their MMCs 

under provisions in 46 CFR 10.227(e) 

that are applicable to mariners who do 

not have evidence of at least one year 

of service during the past five years. 

Mariners who served on FOFs found to 

be vessels may use their service to 

renew their endorsements under 46 CFR 

10.227(e)(1). 

The Coast Guard can only credit 

seagoing service for qualifying for MMC 

endorsements if it was obtained on a 

vessel.6 Accordingly, service on FOFs 

that are not vessels will not be accepted 

as service for qualifying for an original 

or raise of grade of an MMC 

endorsement. Service on FOFs that are 

not vessels may only be accepted if it is 

found to be ‘‘closely related service’’ as 

specified in 46 CFR 10.232(g) to renew 

an MMC. 

The Coast Guard will discontinue 

approving stability and ballast control 

courses and courses that substitute for a 

Coast Guard administered examination 

that are valid only for the FOF 

endorsements noted in the second 

paragraph of section four above. These 

approved courses will not be renewed 

upon expiration. If a stability course or 

in lieu of examination course is 

approved for both an endorsement being 

discontinued and one or more of the 

endorsements described in 46 CFR 

11.470, 11.472, or 11.474 the course 

approval will be amended to omit 

meeting requirements for the FOF 

endorsements noted above. 

In addition to being available along 

with other Coast Guard guidance 

documents at https://www.uscg.mil/ 

guidance, a complete copy of CG–MMC 

Policy Letter 01–22, Merchant Mariner 

Credential Endorsements for Service on 

Floating Outer Continental Shelf (OCS) 

Facilities, is available in the docket at 

https://www.regulations.gov and also at 

https://www.dco.uscg.mil/OurOrganization/Assistant-Commandantfor-Prevention-Policy-CG-5P/ 

Commercial-Regulations-standards-CG5PS/Office-of-Merchant-MarinerCredentialing/CG-MMC-2/CG-MMC-2-

New-Policies/. 

Dated: February 4, 2022. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards. 

[FR Doc. 2022–02707 Filed 2–9–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R08–OAR–2020–0742; FRL–9082–02– 

R8] 

Approval and Promulgation of the 

Northern Cheyenne Tribe’s Tribal 

Implementation Plan; Northern 

Cheyenne Tribe; Open Burning Permit 

Program and Maintenance of the 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a Tribal 

Implementation Plan (TIP) submitted by 

the Northern Cheyenne Tribe (Tribe) on 

September 25, 2017, as described in our 

February 26, 2021 proposal. The TIP 

includes ambient air quality standards 

and provisions for an open burning 

permit program, enforcement and 

appeals, and emergency authority. 

These provisions establish a base TIP 

that is suitable for the Northern 

Cheyenne Indian Reservation and four 

tribal trust parcels at issue 

(Reservation), is within the Tribe’s 

regulatory capacities, and meets all 

applicable minimum requirements of 

the Clean Air Act (CAA or Act) and EPA 

regulations. The effect of this action is 

to make the approved TIP federally 

enforceable under the CAA and to 

further protect air quality on the 

Reservation. 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7719 

1 86 FR 11674 (Feb. 26, 2021). 

2See, for example, 40 CFR part 51, appendix V, 

and 40 CFR part 49, subpart A. 

3 86 FR 11675. 

4Comment 0009 at page 1. The commenter cites 

CAA section 107, but that provision is not at issue 

in this rulemaking. As stated in the preamble to the 

proposed rule, EPA is taking this action pursuant 

to CAA sections 110(o), 110(k)(3), and 301(d). CAA 

section 110(o) requires that EPA review TIPs in 

accordance with CAA section 110 except as 

otherwise provided by regulation or CAA section 

301(d)(2). Accordingly, we have reviewed the TIP 

under CAA section 110 as applicable to TIPs. See 

40 CFR 49.9(h). 

DATES: This final rule is effective March 

14, 2022. The incorporation by reference 

of certain publications listed in the rule 

is approved by the Director of the 

Federal Register as of February 10, 2022. 

ADDRESSES: EPA has established a 

docket for this action under EPA–R08– 

OAR–2020–0742. Generally, documents 

in the docket for this action are 

available electronically at https://

www.regulations.gov or in hard copy at 

EPA Region 8, 1595 Wynkoop Street, 

Denver, Colorado. While all documents 

in the docket are listed at https://

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps, multi-volume 

reports) and some may not be available 

in either location (e.g., confidential 

business information (CBI)). To inspect 

the hard copy materials, please schedule 

an appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Olson, Air and Radiation Division, 

Environmental Protection Agency, 

Region 8 Office, Mailcode 8ARD–TRM, 

1595 Wynkoop Street, Denver, CO 

80202–1129, telephone number: (303) 

312–6002, email address: olson.kyle@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

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

I. Summary of the Proposed Action 

The Tribe’s Reservation is located in 

southeastern Montana and is adjacent to 

the Crow Indian Reservation and the 

State of Wyoming. On February 26, 

2021, EPA proposed to approve a TIP 

submitted by the Tribe on September 

27, 2017, as described in the proposal.1

The TIP includes ambient air quality 

standards and provisions for an open 

burning permit program, enforcement 

and appeals, and emergency authority. 

The TIP is a regulatory program 

comprised of the Northern Cheyenne 

Clean Air Act (NCCAA). We proposed to 

approve the NCCAA under sections 110 

and 301 of the CAA, and the relevant 

implementing regulations, as discussed 

in this document and in our February 

26, 2021 proposal. These provisions 

establish a base TIP that is suitable for 

the Reservation, is within the Tribe’s 

regulatory capacities, and meets all 

applicable minimum requirements of 

the CAA, the Tribal Authority Rule in 

40 CFR part 49 (TAR), and other 

applicable CAA regulations. 

For a more detailed description of the 

TIP, our evaluation of the TIP and 

supplemental information, and our 

rationale for our proposed action, please 

see the February 26, 2021 proposed rule, 

86 FR 11674, which can be found in the 

docket for this action. 

II. EPA’s Response to Comments 

Our February 26, 2021 proposed rule 

provided for a 30-day comment period, 

which ended on March 29, 2021. We 

received nine public comment letters, 

each of which can be found in the 

docket for this action. Seven comments 

expressed general support for our 

proposed action and did not otherwise 

raise material issues that necessitate 

response. Here, we summarize and 

respond to significant comments. 

Commenter 0007: The commenter 

offered support for approval of the 

Northern Cheyenne TIP and support for 

implementation plans generally. In 

particular, the commenter described 

TIPs as positive for the tribes and an 

indication that enforcement of TIPs will 

be successful and thorough. The 

commenter also stated that exposure to 

dangerous air pollution is dwindling, 

which can be attributed, in no small 

part, to implementation plans. The 

commenter stated that regulating air 

pollution within the borders of the 

Reservation is an important step to 

making the country more proactive 

against climate change. The commenter 

further summarized other supportive 

comments. 

Nevertheless, the commenter stated 

that the industrial and manufacturing 

power plants that surround the 

Reservation have a major impact on the 

air quality of the Reservation, which is 

unfair to those who live on the 

Reservation but are not part of these 

industries. The commenter also 

identified ‘‘drawbacks’’ of TIPs—that 

TIPs focus on higher levels of air 

pollution as opposed to other smaller 

problems, and that TIPs require a 

lengthy administrative process, which 

does not lead to fast action to reverse 

the effects of climate change. 

Response: We appreciate the 

commenter’s support for the approval of 

the Northern Cheyenne TIP and general 

support for the regulation of air 

pollution through TIPs. The 

administrative process for TIP approval 

is governed by CAA sections 110 and 

301 and corresponding regulations.2 We 

explain elsewhere in this preamble that 

TIPs are not required to address each 

element under CAA section 110, but 

may instead include elements to address 

the specific air quality needs that a tribe 

has the capacity to manage. The 

commenter has not provided enough 

information regarding smaller air 

pollution problems that the commenter 

believes should be addressed in TIPs for 

us to respond further on that point. 

Additionally, while we understand 

and appreciate the commenter’s 

concerns with respect to climate change 

and agree that climate change is an 

important environmental problem, the 

purpose of this action is not to address 

the problem of climate change, but 

rather to approve the Tribe’s plan to 

regulate certain air pollutants emitted 

by open burning.3 Thus, consideration 

of climate change is outside the scope 

of our action. Likewise, the commenter’s 

concerns regarding sources located 

outside the Reservation are also outside 

the scope of the action. The TIP applies 

within the exterior boundaries of the 

Reservation only. The Tribe is not 

required to address pollution from 

outside the Reservation in its submittal 

and EPA’s task is to evaluate the 

program elements the Tribe has 

submitted. The commenter’s concern 

with the administrative process for 

developing TIPs is also outside the 

scope of this action. We note that the 

process of having tribes decide when 

and how to develop TIPs gives tribes the 

authority over how to best protect air 

quality in Indian country, and the 

Northern Cheyenne Tribe fully supports 

approval of the TIP here. 

Commenter 0009: The commenter 

offered support for the primary and 

secondary air quality standards 

established in the TIP, which are the 

same as EPA’s national ambient air 

quality standards (NAAQS). However, 

the commenter stated that the TIP did 

not include ‘‘any protocols the Northern 

Cheyenne Tribe plans to implement to 

reach attainment.’’ 4 The commenter 

further asserted that CAA section 

110(a)(2) requires that TIPs include 

control measures, means or techniques, 

and a monitoring program by which the 

Tribe will attain the standards, and that 

the TIP lacks these mechanisms. 

Response: As an initial matter, the TIP 

does include measures to improve air 

quality, including, significantly, an 


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7720 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

5 In addition, contrary to the commenter’s 

assumption about the lack of a monitoring program, 

the Tribe has, for decades, operated an air quality 

monitoring program. Northern Cheyenne Tribe’s 

Application for Treatment as a State Under the 

Clean Air Act (Northern Cheyenne TAS/TIP 

Application), September 20, 2017, at 6–7. 

6 40 CFR 49.7(c). 

7 Id. 

8 Id. See also 42 U.S.C. 7410(o) (providing that 

EPA reviews TIPs in accordance with CAA section 

110, except as provided by regulations under CAA 

section 301(d)(2), including 40 CFR 49.7(c)). 

9See 42 U.S.C. 7601(a), (d)(4); 40 CFR 49.11; 59 

FR 43956, 43958–61 (August 25, 1994) (proposed 

TAR preamble explaining EPA’s CAA authorities in 

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

1998) (final TAR preamble). 

10Letter dated June 22, 2020, from Gregory 

Sopkin, Region 8 Regional Administrator, to 

President Rynalea Whiteman Pena, Northern 

Cheyenne Tribe, Subject: ‘‘Approval of Northern 

Cheyenne Tribe Application for Treatment in a 

Similar Manner under the Clean Air Act,’’ at 8–9. 

11See, e.g., 76 FR 69618 (December 10, 2007) 

(EPA approval of the St. Regis Mohawk Tribe’s TIP); 

79 FR 69763 (November 24, 2014) (EPA approval 

of the Swinomish Indian Tribal Community’s TIP); 

EPA, ‘‘Developing a Tribal Implementation Plan,’’ 

September 2018, pages 26–27, available at https:// 

www.epa.gov/sites/default/files/2018-09/ 

documents/developing_a_tribal_implementation_

plan_sept._2018_1.pdf. 

12Northern Cheyenne TAS/TIP Application at 7. 

13Precedent for tribes to use minor source 

permitting programs to protect air quality includes 

the Gila River Open Burning Minor New Source 

Review Permit Program (75 FR 48880 (August 12, 

2010) and the Nez Perce’s Agricultural Open 

Burning Permit Program (70 FR 18074 (April 8, 

2005)). 

14NCCAA section 3.2(1) (emphasis added). 

15Comment 0009 at page 3. 

16See 44 U.S.C. 3502(3)(A). 

open burning permit program.5

However, the commenter is correct that 

the TIP does not include all elements 

listed in CAA section 110 for the 

implementation, maintenance, and 

enforcement of the air quality standards. 

Under the TAR, eligible Indian tribes 

have the flexibility to include in a TIP 

only those implementation plan 

elements that address their specific air 

quality needs and that they have the 

capacity to manage. Under this modular 

approach, the TIP elements that the 

tribe adopts must be ‘‘reasonably 

severable’’ from the package of elements 

that can be included in a whole TIP.6 As 

provided in the TAR, ‘‘reasonably 

severable’’ means that the parts or 

elements selected for the TIP are not 

integrally related to parts not included 

in the TIP, and are consistent with 

applicable CAA and regulatory 

requirements.7 Thus, TIPs are 

significantly different than state 

implementation plans because, while 

the Act requires states to prepare an 

implementation plan that meets all of 

the requirements of CAA section 110, an 

Indian tribe may adopt TIP provisions 

that address only some elements of CAA 

section 110.8

EPA retains its general authority to 

directly implement CAA requirements 

in Indian country as necessary or 

appropriate to protect tribal air 

resources.9 Thus, where a tribe chooses 

not to adopt a CAA program or adopts 

only a partial program, EPA may 

exercise its 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. 

At this time, the Northern Cheyenne 

Tribe opted to include in its TIP certain 

limited measures—an open burning 

permit program and related enforcement 

authority. This program and 

enforcement authority are severable 

from other CAA program elements 

because they do not depend on the 

inclusion of and are not integrally 

related to any other program elements. 

Additionally, as discussed further 

below, EPA has reviewed the open 

burning permit program and concluded 

that it supports the implementation, 

maintenance, and enforcement of the air 

quality standards. The open burning 

program is designed, in part, to control 

particulate matter emissions. Moreover, 

EPA has reviewed the enforcement 

authority included in the TIP and 

determined that it is sufficient to ensure 

enforcement of the NCCAA. Likewise, 

through the Tribe’s treatment in a 

similar manner as a state (TAS) 

application, the Tribe has demonstrated 

that it is capable of implementing the 

open burning permit program and 

enforcement authorities.10

Commenter 0009: The commenter 

also criticized the TIP’s open burning 

program as inefficient and unduly 

burdensome. In particular, the 

commenter raised concerns that 

requiring a permittee to apply for a 

permit with the Tribe’s Air Quality 

Administrator and wait for consultation 

with the Bureau of Indian Affairs and 

other agency personnel is inefficient. 

The commenter also stated that the 

burden placed on the Air Quality 

Administrator and Northern Cheyenne 

Tribal Court for ‘‘minute violations’’ is 

impractical and unnecessary. The 

commenter also stated that the size of 

the penalty for violations is too hefty, 

claiming that violations of the open 

burning program would subject 

individuals ‘‘to at least a five thousand 

dollar fine.’’ Furthermore, the 

commenter stated that there is no basis 

in the proposed rule for the finding that 

there is no information collection 

burden under the Paperwork Reduction 

Act. Finally, the commenter stated that 

the TIP lacks any statistics proving that 

the open burning that is the subject of 

the permitting program is any different 

from other burning not covered by the 

program. The commenter recommended 

that the Northern Cheyenne Tribe 

reconsider the open burn limits and 

exceptions, and initiate a simpler 

reporting and filing program, such as 

on-site permitting or virtual permitting. 

Response: Under the TIP process, 

tribes decide how to structure 

permitting and enforcement programs 

submitted for approval in a TIP. This 

gives tribes the flexibility to balance the 

protection of tribal air quality and the 

administrative process involved in 

doing so. EPA supports tribal decisions 

on how best to protect tribal air quality, 

and the CAA does not condition a TIP’s 

approval on its administrative efficiency 

or require that a tribe justify open 

burning limitations with statistics. EPA 

supports tribes implementing open 

burning permit programs to support air 

quality on reservations.11

Here, the Tribe considered the level of 

administrative process to include in the 

TIP. EPA disagrees that the Northern 

Cheyenne Tribe’s process is inefficient 

or will be problematic in practice. The 

Tribe indicates that it is already 

successfully implementing this process 

under tribal law,12 and the program is 

similar to open burning programs that 

other tribes administer as part of 

approved TIPs and Federal 

Implementation Plans.13 Concerning the 

commenter’s assertion that violations of 

the open burning program would lead to 

excessive penalties, it is not accurate 

that a violator will be subject to at least 

a five thousand dollar fine. The NCCAA 

authorizes the Air Quality 

Administrator to fine violators ‘‘up to 

$5,000 per day for each violation[,]’’ 14

and the Air Quality Administrator has 

the enforcement discretion to assess 

penalties below that maximum. EPA 

does not agree that this TIP should be 

disapproved because of concerns about 

the level of possible fines for violations. 

EPA disagrees with the commenter’s 

assertion that EPA’s approval of the TIP 

will result in a ‘‘burden placed on the 

collection of information under the 

Paperwork Reduction Act.’’ 15 Broadly, 

the Paperwork Reduction Act provides 

for certain procedures relating to the 

‘‘collection of information’’ by or for an 

agency, generally limited to identical 

questions posed to or identical reporting 

or recordkeeping requirements imposed 

on ten or more persons.16 The 

information-related requirements of the 

NCCAA already exist as a matter of 

tribal law. EPA is not using identical 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7721 

17 59 FR 7629 (February 16, 1994). 

questions to collect information from or 

imposing identical reporting or 

recordkeeping requirements on 10 or 

more persons as part of this action. This 

action does not impose information 

collection burdens prohibited by or 

contrary to the Paperwork Reduction 

Act. 

III. Final Action 

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

and 301(d), and the TAR, EPA is 

approving the TIP submitted by the 

Tribe on September 25, 2017, as 

described in our February 26, 2021 

proposal (86 FR 11674). For the reasons 

set forth in this document and in the 

February 26, 2021 proposed rule, we 

conclude that the TIP meets the 

applicable requirements of the CAA and 

EPA’s implementing regulations. 

IV. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, the EPA is finalizing the 

incorporation by reference the TIP 

amendments described in section III of 

this preamble. The EPA has made, and 

will continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the TIP, have been incorporated by 

reference by the EPA into that plan, and 

are fully federally enforceable under 

section 110 and 113 of the CAA as of the 

effective date of the final rulemaking of 

the EPA’s approval. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 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 action approves 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 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 approves 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’’ (59 FR 

22951, 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 rule will have tribal implications in 

that it will have substantial direct 

effects on the Tribe. However, it will 

neither impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. EPA is 

approving the Tribe’s TIP at the request 

of the Tribe. Tribal law will not be 

preempted as the Tribe has already 

incorporated the TIP into Tribal Law on 

December 7, 2016. The Tribe has 

applied for, and fully supports, the 

approval of the TIP. This approval 

makes the TIP federally enforceable. 

EPA worked and consulted with 

officials of the Tribe early in the process 

of developing these regulations. During 

the TAS eligibility process, the Tribe 

and EPA worked together to ensure that 

the appropriate information was 

submitted to EPA. The Tribe 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 

Memorandum of Agreement (MOA) 

during the TAS process, per 40 CFR 

49.8. 

This action 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 approves 

Tribal rules implementing a TIP over 

areas within the exterior boundaries of 

the Tribe’s Reservation, and does not 

alter the relationship or the distribution 

of power and responsibilities 

established in the CAA. 

Executive Order 12898 establishes 

Federal executive policy on 

environmental justice.17 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. EPA’s 

objective in approving the TIP is to 

support the Tribe’s efforts to protect the 

communities on the Reservation, where 

open burning operations and seasonal 

wildfires have been shown to contribute 

to exceedances of the particulate matter 

NAAQS. The impacts of this final rule 

are expected to be beneficial, rather than 

adverse, and its benefits are expected to 

accrue to communities on the 

Reservation. 

In reviewing TIP submissions, EPA’s 

role is to approve an eligible tribe’s 

submission, provided that it meets the 

criteria of the CAA. In this context, in 

the absence of a prior existing 

requirement for the tribe to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

TIP submission for failure to use VCS. 

It would thus be inconsistent with 

applicable law for EPA, when it reviews 

a TIP submission, to use VCS in place 

of a TIP provision that otherwise 

satisfies the requirements of the CAA. 

Thus, the requirements of section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. This 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.). This action 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 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. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. 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). 


jspears on DSK121TN23PROD with RULES1
7722 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 11, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Indians, Indians—law, 

Indians—tribal government, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: February 4, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

Part 49 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 49—INDIAN COUNTRY: AIR 

QUALITY PLANNING AND 

MANAGEMENT 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

Subpart K—Implementation Plans for 

Tribes—Region VIII 

■ 2. Add an undesignated center 

heading and § 49.4200 to read as 

follows: 

Implementation Plan for the Northern 

Cheyenne Tribe 

§ 49.4200 Identification of plan. 

(a) Purpose and scope. This section 

contains the approved implementation 

plan for the Northern Cheyenne Tribe, 

submitted to EPA on September 25, 

2017. The plan consists of programs and 

procedures that cover general and 

emergency authorities, ambient air 

quality standards, permitting 

requirements for open burning, general 

prohibitory rules, open burning 

limitations, enforcement authorities, 

and procedures for administrative 

appeals and judicial review in Tribal 

court. 

(b) Incorporation by reference. (1) 

Material listed in paragraph (c) of this 

section was approved for incorporation 

by reference by the Director of the 

Federal Register in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. 

Material is incorporated as it exists on 

the date of the approval, and notice of 

any change in the material will be 

published in the Federal Register. 

(2) EPA Region 8 certifies that the 

rules/regulations provided by EPA in 

the TIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated tribal rules/regulations 

which have been approved as part of the 

Tribal Implementation Plan. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Region 8 Office of EPA 

at 1595 Wynkoop Street, Denver, CO 

80202 or call 303–312–6002; the U.S. 

Environmental Protection Agency, EPA 

Docket Center (EPA/DC), Air and 

Radiation Docket and Information 

Center, MC 2822T, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460 or 

call 202–566–1742; and the National 

Archives and Records Administration. 

For information on the availability of 

this material at NARA, email 

fr.inspection@nara.gov, or go to: http:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. Copies of the 

Northern Cheyenne TIP regulations we 

have approved are also available at 

http://www.epa.gov/region8/air/ 

sip.html. 

(c) EPA-approved regulations. 

TABLE 1 TO PARAGRAPH (c) 

Tribal citation Title/subject Tribal effective date EPA approval date Explanations 

Northern Cheyenne Tribe, Northern Cheyenne Clean Air Act Tribal Implementation Plan.Entirety .............. December 20, 2016 February 10, 2022 The Tribal effective date is based on the date the Bureau of Indian Affairs (BIA) Superintendent of the 

Northern Cheyenne Agency approved the Tribe’s Ordinance No. DOI–008 (2017) adopting the Northern 

Cheyenne Clean Air Act. 

[FR Doc. 2022–02724 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0216; FRL–9168–02– 

R10] 

Air Plan Approval; AK; Incorporation 

by Reference Updates and Permit 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Alaska State Implementation Plan 

(SIP) submitted on November 10, 2020. 

The revisions update the adoption by 

reference of certain Federal air 

regulations and add a pre-approved 

emission limit option that may be used 

to permit diesel engine facilities, among 

other changes. The EPA’s approval 

makes the revisions federally 

enforceable as part of the Alaska SIP. 

DATES: This final rule is effective March 

14, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2021–0216. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information the 

disclosure of which 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 at https://

www.regulations.gov, or please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall, EPA Region 10, 1200 Sixth 

Avenue (Suite 155), Seattle, WA 98101, 

at (206) 553–6357, or hall.kristin@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’ or ‘‘our’’ is used, it is intended to 

refer to the EPA. 


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