[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Page 46774]
[FR Doc No: 2021-17878]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0889; Airspace Docket No. 20-ASO-25]
RIN 2120-AA66

Amendment of Class D Airspace, and Class E Airspace; Smyrna, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: A final rule was published in the Federal Register on February
23, 2021, amending Class D and E airspace at Smyrna Airport, Smyrna,
TN. This action corrects the legal description of the Class D airspace
by amending the southeastern bearing from the airport to 139[deg].

DATES: Effective 0901 UTC, December 2, 2021. The Director of the
Federal Register approves this incorporation by reference action under
Title 1CFR, part 51, subject to the annual revision of FAA Order
7400.11 and publication of conforming amendments.

FOR FURTHER INFORMATION, CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (86 FR
10812, February 23, 2021) for Doc. No. FAA-2020-0889, amending Class D
airspace Class E airspace at Smyrna Airport, Smyrna, TN.
    Subsequent to publication, the FAA found the southeastern extension
of the Class D airspace was listed as the 142[deg] bearing from the
airport. The bearing should be the 139[deg] bearing from the airport.
This action corrects this error.
    Class D and Class E airspace designations are published in
Paragraph 5000, and 6005, respectively, of FAA Order 7400.11E, dated
July 21, 2020, and effective September 15, 2020, which is incorporated
by reference in 14 CFR 71.1. The Class E airspace designations listed
in this document will be published subsequently in the Order.

Correction to Final Rule

    This action amends 14 CFR part 71 by correcting the descriptor of
Class D airspace for Smyrna Airport, Smyrna, TN as follows.
    The first sentence of the legal description for the Class D
airspace at Smyrna Airport is amended to read ``That airspace extending
upward from the surface to but not including 2,500 feet MSL within a
3.9-mile radius of the Smyrna Airport, and within 1.2 miles each side
of the 139[deg] bearing from the airport, extending from the 3.9-mile
radius to 5.5-miles southeast of the airport, and within 1.2-miles each
side of the 184[deg] bearing from the airport, extending from the 3.9-
mile radius to 5.5-miles south of the airport.''

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020,
effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO TN D Smyrna, TN [Amended]

Smyrna Airport, TN
    (Lat. 36[deg]00'32'' N, long. 86[deg]31'12'' W)

    That airspace extending upward from the surface to but not
including 2,500 feet MSL within a 3.9-mile radius of the Smyrna
Airport, and within 1.2 miles each side of the 139[deg] bearing from
the airport, extending from the 3.9-mile radius to 5.5-miles
southeast of the airport, and within 1.2-miles each side of the
184[deg] bearing from the airport, extending from the 3.9-mile
radius to 5.5-miles south of the airport. This Class D airspace area
is effective during the specific dates and times established in
advance by a Notice to Airmen. The effective dates and times will
thereafter be continuously published in the Chart Supplement.

    Issued in College Park, Georgia, on August 17, 2021.
Matthew N. Cathcart,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2021-17878 Filed 8-19-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26572-26574]
[FR Doc No: 2021-10159]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34267; File No. 812-15143]

Teachers Insurance and Annuity Association of America, et al.

May 10, 2021.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of application for an order approving the substitution of
certain securities pursuant to section 26(c) of the Investment Company
Act of 1940, as amended (the ``Act'').

Applicants: Teachers Insurance and Annuity Association of America
(``TIAA'') and TIAA Separate Account VA-3 (the ``Separate Account,''
and together with TIAA, the ``Applicants'').

Summary of Application: The Applicants seek an order pursuant to
section 26(c) of the Act, approving the proposed substitution
(``Substitution'') of Vanguard Institutional Index Fund (``Replacement
Fund'') for shares of Vanguard 500 Index Fund (``Original Fund'') held
by the Separate Account to fund certain variable annuity insurance
contracts (collectively, the ``Contracts'').

Filing Dates: The application was filed on July 13, 2020 and amended on
November 13, 2020, February 26, 2021, and April 22, 2021.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on June 4, 2021, and should be accompanied
by proof of service on applicants, in the form of an affidavit or, for
lawyers, a certificate of service. Pursuant to rule 0-5 under the Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by emailing the
Commission's Secretary.

ADDRESSES: The Commission<EMAIL_ADDRESS>Applicants: Aneal
Krishnamurthy<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Harry Eisenstein, Senior Special
Counsel, at<PHONE_NUMBER> or Kaitlin C. Bottock, Branch Chief at (202)
551-6825 (Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
Applicant using the Company name box, at http://www.sec.gov.search/search.htm, or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. TIAA is a stock life insurance company organized under the laws
of the state of New York. TIAA is the depositor and sponsor of the
Separate Account.
    2. The Separate Account is registered with the Commission under the
Act as a unit investment trust. The Separate Account is divided into
subaccounts and each sub account invests in a single underlying mutual
fund, such as the Original Fund (all such underlying fund, ``investment
options'').
    3. The Original Fund and the Replacement Fund are each registered
under the 1940 Act as an open-end, management investment company and
its securities are registered under the 1933 Act. The Original Fund and
the Replacement Fund are each advised by The Vanguard Group, Inc.,
which is not an affiliate of the Applicants.
    4. The Contracts are registered under the Securities Act of 1933,
as amended (the ``1933 Act''). The Contracts allow Contract owners to
allocate Contract value to one or more of the investment options
available in the Separate Account.
    5. As set forth under each Contract, as well as in the prospectus
for each Contract, the Companies reserve the right to substitute shares
of the underlying fund for shares of another underlying fund.
    6. The Applicants propose to replace shares of the Admiral share
class of the Original Fund in the Separate Account with shares of the
Institutional Plus share class of the Replacement Fund.
    7. The Applicants state they are seeking the Substitution because
the Original Fund, thought it provides a relatively low ``Admiral''
share class, does not have an institutional share class which TIAA's
clients are demanding. Additional information for the Existing Fund and
the Replacement Fund, including investment objectives, principal
investment strategies, principal risks, and performance, as well as the
fees and expenses of the Existing Fund and the Replacement Fund, can be
found in the application.
    8. The Applicants state that the Substitution will be described in
a supplement to the prospectuses (``Supplement'') for the Contract
filed with the Commission and delivered to all affected Contract owners
at least 30 days before the Substitution Date. The Supplement will
advise Contract owners that, for a period beginning 30 days before the
Substitution Date through at least 30 days following the Substitution
Date, Contract owners are permitted to make at least one transfer of
Contract value from the subaccount investing in the Existing Fund or
the Replacement Fund to any other available investment option offered
under their Contracts without the transfer being counted as a transfer
for purposes of transfer limitations and fees

that would otherwise be applicable under the terms of the Contracts.
    9. The Applicants will send the Supplements to all affected
Contract owners. Prospective purchasers and new purchasers of Contracts
will be provided with a Contract prospectus and the Supplement, as well
as the prospectus and any supplements for the Replacement Fund.
    10. In addition to the Supplement distributed to Contract owners,
within five business days after the Substitution Date, affected
Contract owners will be sent a written confirmation of the completed
Substitution. The confirmation statement will include a statement that
reiterates the free transfer rights disclosed in the Supplement.
    11. The Substitution will be effected at the relative net asset
value in conformity with section 22(c) of the Act and rule 22c-1
thereunder. The Substitution will be effected by TIAA, on behalf of the
Separate Account, by redeeming its Original Fund shares in cash on the
Substitution Date and simultaneously purchasing shares of the
Replacement Fund for the exact amount of the redemption proceeds.
    12. TIAA or an affiliate will pay all expenses incurred in
connection with the Substitution. No costs of the Substitution will be
borne directly or indirectly by Contract owners. Contract owners will
not incur any fees or charges as a result of the Substitution, nor will
their rights or the obligations of the Companies under the Contracts be
altered in any way. The Substitution will not cause the fees and
charges under the Contracts currently being paid by Contract owners to
be greater after the Substitution than before the Substitution. In
addition, the Substitution will in no way alter the tax treatment of
affected Contract owners in connection with their Contracts, and no tax
liability will arise for Contract owners as a result of the
Substitution.
    13. The Applicants state that the Contract value for each Contract
owner impacted by the Substitution will not change as a result of the
Substitution. In addition, the Applicants also state that the benefits
offered by the guarantees under the Contracts will be the same
immediately before and after the Substitution. The Applicants further
state that the effect Substitution may have on the value of the
benefits offered by the Contract guarantees would depend, among other
things, on the relative future performance of the Existing Fund and the
Replacement Fund, which the Applicants cannot predict. The Applicants
further note that, at the time of the Substitution, the Contracts will
offer a comparable variety of investment options with as broad a range
of risk/return characteristics.
    14. The Applicants state that TIAA will not receive, for three
years from the date of the Substitution, any direct or indirect
benefits from the Replacement Fund, advisors, their underwriters or
their respective affiliates in connection with the assets attributable
to the Contracts affected by the Substitution at a higher rate than it
had received from the Original Fund, advisors, underwriters or their
respective affiliates, including, without limitation, 12b-l
distribution, shareholder service, administrative or other service
fees, revenue sharing or other arrangements. In addition, the
Applicants state that the Substitution is not motivated by any
financial consideration paid or to be paid to the Insurance Company or
its affiliates by the Replacement Fund, its investment advisor or
underwriter, or their affiliates.

Legal Analysis

    1. The Applicants request that the Commission issue an order
pursuant to section 26(c) of the Act approving the Substitution.
Section 26(c) prohibits any depositor or trustee of a unit investment
trust that invests exclusively in the securities of a single issuer
from substituting the securities of another issuer without the approval
of the Commission. Section 26(c) provides that such approval shall be
granted by order from the Commission if the evidence establishes that
the substitution is consistent with the protection of investors and the
purposes of the Act.
    2. The Applicants submit that the Substitution is consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. In particular, the Applicants point
to the following: (a) The Contracts permit the Substitution, as
permitted by applicable law and the New York Insurance Department; (b)
the prospectus for the Contracts contain appropriate disclosure of
these rights; (c) the Substitution will be described in the Supplements
delivered to all affected Contract owners at least 30 days before the
Substitution Date; (d) the Supplements also will advise Contract owners
that, for a period beginning at least 30 days before the Substitution
Date through at least 30 days following the Substitution Date, Contract
owners are permitted to make at least one transfer of Contract value
from the subaccount investing in the Existing Fund to any other
available subaccounts offered under their Contract without the transfer
being counted as a transfer for purposes of transfer limitations and
fees that would otherwise be applicable under the terms of the
Contracts; (e) the Replacement Fund and the Existing Fund have
substantially similar investment objectives, principal investment
strategies, and principal risks; and (f) the net operating expenses of
the Replacement Fund are lower than those of the Existing Fund. The
Applicants assert that, based on the terms noted above, and subject to
the conditions set forth below, the Substitution does not raise the
concerns underlying section 26(c).

Applicants' Conditions

    The Applicants agree that any order granting the requested relief
will be subject to the following conditions:
    1. The Substitution will not be effected unless TIAA determines
that: (a) The Contracts allow the substitution of shares of registered
open-end investment companies in the manner contemplated by the
application; (b) the Substitution can be consummated as described in
the application under applicable insurance laws; and (c) any regulatory
requirements in each jurisdiction where the Contracts are qualified for
sale have been complied with to the extent necessary to complete the
Substitution.
    2. TIAA or its affiliates will pay all expenses and transaction
costs of the Substitution, including legal and accounting expenses, any
applicable brokerage expenses and other fees and expenses. No fees or
charges will be assessed to the affected Contract owners to effect the
Substitution. The proposed Substitution will not cause the Contract
fees and charges currently being paid by Contract owners to be greater
after the proposed Substitution than before the proposed Substitution.
    3. The Substitution will be effected at the relative net asset
values of the respective shares in conformity with section 22(c) of the
Act and rule 22c-1 thereunder without the imposition of any transfer or
similar charges by the Applicants. The Substitution will be effected
without change in the amount or value of any Contracts held by affected
Contract owners.
    4. The Substitution will in no way alter the tax treatment of
affected Contract owners in connection with their Contracts, and no tax
liability will arise for affected Contract owners as a result of the
Substitution.
    5. Affected Contract owners will be permitted to make at least one
transfer of Contract value from the sub-account investing in the
Original Fund (before the Substitution Date) or the Replacement Fund
(after the Substitution Date) to any other available investment option
under the Contract

without charge for a period beginning at least 30 days before the
Substitution Date through at least 30 days following the Substitution
Date. Except as described in any market timing/short-term trading
provisions of the relevant prospectus, the Applicants will not exercise
any right they may have under the Contracts to impose restrictions on
transfers between the sub-accounts under the Contracts, including
limitations on the future number of transfers, for a period beginning
at least 30 days before the Substitution Date through at least 30 days
following the Substitution Date.
    6. All affected Contract owners will be notified via the Supplement
at least 30 days before the Substitution Date about: (i) The intended
Substitution of the Existing Fund with the Replacement Fund; (ii) the
intended Substitution Date; and (iii) information with respect to
transfers as set forth in Condition 5 above. In addition, the
Applicants will deliver to all affected Contract owners, at least 30
days before the Substitution Date, a prospectus for the Replacement
Fund.
    7. The Companies will deliver to each affected Contract owner
within five business days of the Substitution Date, a written
confirmation which will include: (a) A confirmation that the
Substitution was carried out as previously notified; (b) a restatement
of the information set forth in the Supplement; and (c) the values of
the Contract owners' positions in the Original Fund before the
Substitution and the Replacement Fund after the Substitution.
    8. Applicants and their affiliates will not receive, for three
years from the Substitution Date, any direct or indirect benefits from
the Replacement Fund, their investment advisors or underwriters (or
their affiliates) in connection with assets attributable to Contracts
affected by the Substitution at a higher rate than they had received
from the Original Fund, its investment advisors or underwriters (or
their affiliates), including without limitation 12b-1 fees, shareholder
service, administrative or other service fees, revenue sharing, or
other arrangements.
    9. The obligations of the TIAA and the rights of affected Contract
owners under the Contracts will not be altered in any way.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-10159 Filed 5-13-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Notices]
[Pages 34228-34229]
[FR Doc No: 2011-14510]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 Project No. 2283-064

FPL Energy Maine Hydro, LLC; Notice of Application for Amendment
of License and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:

    a. Application Type: Supplement to recreation and land/trail
management plan.
    b. Project No.: 2283-064.
    c. Date Filed: March 25, 2011.
    d. Applicant: FPL Energy Maine Hydro, LLC.
    e. Name of Project: Gulf Island-Deer Rips Hydroelectric Project.
    f. Location: Androscoggin River in Androscoggin County, Maine.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ernest Deluca,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    i. FERC Contact: Mark Carter,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for Filing Comments, Motions To Intervene, and
Protests: July 6, 2011.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be
filed electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments. Please include the
project number (P-2283-064) on any comments or motions filed.
    k. Description of Application: Pursuant to the Commission's Order
Modifying and Approving Recreation Plan and Land/Trail Management Plan
issued March 25, 2010, FPL Energy Maine Hydro, LLC (licensee) filed an
assessment of lands within 200 feet of the project impoundments with
the goal of identifying additional lands needed for project purposes.
As a result of its assessment, the licensee found that no additional
lands are needed for project purposes and proposes no changes to the
project boundary.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-2283) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or e-mail<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
Bear in all capital letters the title ``Comments'', ``Protest'', or
``Motion To Intervene'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR

385.2001 through 385.2005. All comments, motions to intervene, or
protests must set forth their evidentiary basis and otherwise comply
with the requirements of 18 CFR 4.34(b). All comments, motions to
intervene, or protests should relate to project works which are the
subject of the amendment application. Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. If an intervener
files comments or documents with the Commission relating to the merits
of an issue that may affect the responsibilities of a particular
resource agency, they must also serve a copy of the document on that
resource agency. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: June 6, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-14510 Filed 6-10-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Proposed Rules]
[Pages 12926-12931]
[FR Doc No: 2011-5342]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R08-OAR-2011-0015; FRL-9277-9]

Clean Air Act Proposed Interim Approval of Title V Operating
Permits Program; Southern Ute Indian Tribe

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes interim approval of the Title V Operating
Permits Program submitted by the Southern Ute Indian Tribe (Tribe). The
Tribe's Title V Operating Permit Program (Title V Program) was
submitted for the purpose of administering a tribal program for issuing
operating permits to all major stationary sources, and certain other
sources on the Southern Ute Indian Reservation (Reservation).

DATES: Comments on this proposed action must be received on or before
April 8, 2011. Comments should be addressed to the contact indicated
below.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2011-0015, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>and
<EMAIL_ADDRESS>     Mail: Deborah Lebow Aal, Acting Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Deborah Lebow Aal, Acting Director, Air
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries
are only accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding
Federal holidays. Special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2011-0015. 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
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 docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly-available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Alexis North, Air Program, Mailcode
8P-AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The word Act or initials CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The word Commission means the joint Southern Ute Indian Tribe/
State of Colorado Environmental Commission.
    (iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iv) The word Title V Program means the Tribe's Application for
Approval of the Southern Ute Indian Tribe's 40 CFR Part 70 Operating
Permit Program dated

January 14, 2009 and the subsequent Supplement to Application for
Approval of the Southern Ute Indian Tribe's 40 CFR Part 70 Operating
Permit Program dated September 28, 2010.
    (v) The word Tribe means the Southern Ute Indian Tribe, unless the
context indicates otherwise.

Table of Contents

I. General Information
    A. What Should I Consider as I Prepare My Comments for EPA?
    1. Submitting CBI
    2. Tips for Preparing Your Comments
II. What is Being Addressed in This Document?
III. Evaluation of the Tribe's Authorities
    A. Current Tribal Authority
    B. Reasonably Severable Title V Program Elements
    C. Criminal Enforcement Memorandum of Understanding
IV. Evaluation of the Tribe's Title V Program Elements
    A. Analysis of the Tribe's Title V Program Submission pursuant
to 40 CFR 70.4(b)
    1. Complete Title V Program Description
    2. Regulations Compromising the Title V Program
    3. Legal Opinion
    4. Relevant Title V Program Documentation
    5. Compliance Tracking
    6. Application Completeness Determination
    7. Fee Demonstration
    8. Statement of Adequate Personnel
    9. Submission Commitment
    10. Failure to Issue Permit in a Timely Manner
    11. Transition Plan
    12. Off Permit Changes
    13. Expeditious Permit Revisions and/or Modifications Review
    14. Tribe Only Revisions
    15. Permit Changes Subject to Title I and IV of the Act
    16. Permit Content and Permit Issuance, Renewal, Re-openings and
Revisions
    B. Options for Approval/Disapproval and Implications
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified.

II. What is being addressed in this document?

    Under Title V of the Clean Air Act (the Act or CAA) as amended
(1990), EPA has promulgated rules that define the minimum elements of
an interim approval of a Title V operating permits program for state
and tribal permitting authorities. The corresponding standards and
procedures by which the EPA will approve, oversee, and withdraw
approval of state and tribal Title V operating permits programs can be
found at 57 FR 32250 (July 21, 1992) and 63 FR 1322 (January 10, 2000)
and codified at 40 CFR part 70.
    In addition, 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 a similar 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 a similar 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 Indian tribes in a similar manner as states for purposes of
specific CAA program submittal and implementation deadlines. This is
because, among other reasons (discussed at 59 FR at 43,964-65),
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 Indian tribes to develop and seek approval
of CAA programs.
    Thus, Indian 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 Title V operating permits
programs under sections 502(d)(1), 502(d)(2)(B), and 502(d)(3)of the
Act. 40 CFR 49.4.
    A tribe that meets the eligibility criteria for treatment in a
similar manner as a state (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 section 110(o). This modular
approach is intended to give Indian tribes the flexibility to address
their most pressing air quality issues and acknowledges that Indian
tribes often have limited resources with which to address their
environmental concerns. Consistent with the exceptions listed in 40 CFR
49.4, once submitted, an Indian 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 Indian tribes to fully implement and enforce their
approved CAA programs and, as with states, EPA retains its authority to
impose sanctions for failure to implement an approved air program. See
59 FR 43,956 at 43,965 (Aug. 25, 1994) (explaining EPA's rationale for
treating Indian tribes in a similar fashion as states for purposes of
mandatory sanctions for failure to adequately implement 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 49.3.

    The CAA allows Indian tribes to develop and submit Title V
operating permit programs to EPA at their own discretion. The EPA's
Title V operating permit program review occurs pursuant to section 502
of the Act and the part 70 regulations, which together outline criteria
for interim approval, full approval or disapproval. The Tribe has
requested such approval and this action is in response to that request.

III. Evaluation of the Tribe's Authorities

    The EPA completed a review of the Tribe's current and pending
authority to regulate air pollution sources located within the exterior
boundaries of the Reservation. Under section 301(d) of the CAA and the
TAR, EPA may treat a tribe in a similar 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 in other areas under the tribe's
jurisdiction); and (4) it can reasonably be expected to be capable, in
EPA's judgment, of carrying out the functions for which it seeks
approval, consistent with the CAA and applicable regulations. The
sections below outline the details of EPA's review of the Tribe's
authorities.

A. Current Tribal Authority

    In July 1998 the Southern Ute Indian Tribe applied for TAS seeking
approval to administer a CAA Title V air quality operating permit
program throughout the Reservation. The State of Colorado challenged
the Tribe's CAA TAS application, asserting that the Act of May 21,
1984, Public Law 98-290, 25 U.S.C. 668, which defined the boundaries of
the Reservation, established the State's jurisdiction to regulate non-
Indian-owned air pollution sources located on fee lands within the
Reservation. The Tribe and the State, while continuing to disagree over
who has jurisdiction over these sources, formed the Southern Ute Indian
Tribe/State of Colorado Environmental Commission (Commission), and
executed an intergovernmental agreement (IGA) on December 13, 1999, to
establish a single air quality program applicable to all lands within
the exterior boundaries of the Reservation.
    In general, the IGA allows for the Tribe to implement and
administer CAA programs, on a Reservation-wide basis, through the joint
Commission. It also provides that the State will support the Tribe's
CAA TAS application as long as it is consistent with the IGA. Congress
then passed the Southern Ute and Colorado Intergovernmental Agreement
Implementation Act of 2004, Pub. L. No. 108-336 on October 18, 2004,
which codifies the basic framework of the IGA, and authorizes EPA to
grant TAS authority to the Tribe for air programs submitted under CAA
section 301(d). The Tribe has previously received TAS approval on April
26, 2000, for the purposes of grant funding under CAA Section 105.
    On January 20, 2009, the Tribe submitted its CAA program TAS
Application together with the Tribe's initial Title V Program. On July
14, 2009, EPA found the Tribe's CAA program TAS application to be
administratively complete. This finding means the Tribe's CAA program
TAS application satisfied the four necessary elements outlined above
that the Tribe must demonstrate as part of the TAR. EPA will continue
to review the Tribe's TAS application per 40 CFR 49.9(b). At the
conclusion of this comment period, the Region will make a determination
on the Tribe's CAA program TAS application prior to the final
rulemaking for the Tribe's Title V Program.

B. Reasonably Severable Title V Program Elements

    As previously discussed in Section II above, the TAR allows for
Indian tribes to seek approval of partial elements of CAA programs as
long as those portions are determined to be reasonably severable
elements. 40 CFR 49.7(c). For the purposes of the Tribe's Title V
Program it has been determined that the Acid Rain Program at Title IV
of the CAA is severable. At this time, there are no Acid Rain emission
sources located within the exterior boundaries of the Reservation, nor
are there any pending applications for sources. In addition, it has
been determined that underlying federal regulations at CAA sections 111
(Standards of Performance for New Stationary Sources) and 112 (National
Emissions Standards for Hazardous Air Pollutants) are also reasonably
severable. However, the Tribe has committed in a letter to EPA to
incorporate by reference these standards and requirements into the
Reservations Air Code and pursue authorization from EPA for those CAA
programs. These delegations are not part of this action and will occur
at a later date.

C. Criminal Enforcement Memorandum of Understanding

    The TAR provides for a federal role in criminal enforcement of a
tribal program when the CAA or its implementing regulations mandate
criminal enforcement authority and the applicant tribe is precluded
from exercising such authority. 40 CFR 49.7(a)(6) and 49.8. In these
circumstances, the TAR allows EPA to approve a tribal application if
the tribe enters into a Memorandum of Agreement with EPA that provides
for the Federal government to exercise primary criminal enforcement
responsibility. Id. These provisions of the TAR recognize that federal
law places certain limitations on tribal criminal jurisdiction and
sanctions. The IGA reached between the Tribe and the State of Colorado
contemplates that EPA will exercise criminal enforcement within the
Reservation boundary for air pollution violations.
    On February 10, 2009, the Tribe and EPA entered into a Memorandum
of Agreement (MOA) which provides a procedure by which the Tribe will
supply potential investigative leads to the federal government in an
appropriate and timely manner when the Tribe is precluded from
asserting criminal enforcement authority.

IV. Evaluation of the Tribe's Title V Program Elements

    EPA conducted a thorough review of the Tribe's Title V Program
according to 40 CFR 70.4(b) Elements of the initial program submission.
It was critical that the Tribe's Title V Program address each of the 16
elements outlined in 40 CFR 70.4(b). Upon review, EPA concluded that
the 16 elements found at 40 CFR 70.4(b) were addressed by the Tribe's
Title V Program.

A. Analysis of the Tribe's Title V Program Submission per 40 CFR
70.4(b)

1. Complete Title V Program Description
    The Southern Ute Indian Tribe submitted an initial and a
supplemental Title V Program to EPA on January 20, 2009 and September
28, 2010 respectively. The Title V Program submittals include a legal
opinion from the Tribe's legal counsel stating that the laws of the
Tribe and Southern Ute Indian Tribe/State of Colorado Environmental
Commission provide adequate legal authority to carry out all aspects of
the Title V Program, and a description of how the Tribe intends to
implement the Title V Program.
    EPA comments noting deficiencies in the Tribe's initial January 20,
2009 Title V Program submittal were sent to the Tribe in a letter dated
December 23,

2009. The deficiencies were segregated into those that require
corrective action prior to Title V Program approval, and those that, if
addressed, would serve to strengthen the Title V Program, but were not
necessary for approval.
    In the September 28, 2010 supplemental Title V Program application,
the Tribe addressed the deficiencies that required corrective action
prior to Title V Program approval as well as those that served to
strengthen the Title V Program. EPA has reviewed these changes and has
determined that they are adequate to allow for Title V Program interim
approval pursuant to 40 CFR 70.4(a). Upon review of the Supplement to
Application for Approval of the Southern Ute Indian Tribe's 40 CFR Part
70 Operating Permit Program dated September 28, 2010, a few minor
errors were discovered that do not impact the Tribe's ability to
implement the Title V Program but must be addressed. The Title V
Program meets the minimum requirements of 40 CFR 70.4(d).
2. Regulations Comprising the Title V Program
    The Tribe's Title V Program, including the operating permit
regulations (Supplement to Application for Approval of the Southern Ute
Indian Tribe's 40 CFR Part 70 Operating Permit Program dated September
28, 2010, Tab 5, Reservation Air Code, Articles I and II), meets the
requirements of 40 CFR 70.4(b)(2) including evidence of procedurally
correct adoption of the Tribe's Reservation Air Code as well as public
notice and comments on its adoption. Additionally, the Tribe's Title V
Program satisfies the requirements outlined in 40 CFR 70.2 and 70.3
with respect to applicability; 40 CFR 70.4, 70.5, and 70.6 with respect
to permit content including operational flexibility; 40 CFR 70.5 with
respect to complete application forms and criteria which define
insignificant activities; 40 CFR 70.7 with respect to public
participation and minor permit modifications; 40 CFR 70.8 with respect
to permit review by EPA and affected states; 40 CFR 70.9 with respect
to demonstrating adequate fees will be collected to cover the Title V
Program costs; 40 CFR 70.10 with respect to federal oversight and
sanctions; and 40 CFR 70.11 with respect to requirements for
enforcement authority.
3. Legal Opinion
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(3). The Tribe's Independent Legal Counsel, Maynes, Bradford,
Shipps & Sheftel, LLP Attorneys at Law, submitted an initial and a
supplemental legal opinion in both the initial and supplemental Title V
Program applications (Application for Approval of the Southern Ute
Indian Tribe's 40 CFR Part 70 Operating Permit Program dated January
14, 2009 and Supplement to Application for Approval of the Southern Ute
Indian Tribe's 40 CFR Part 70 Operating Permit Program dated September
28, 2010). The signature of the Tribe's legal counsel, Sam Maynes of
Maynes, Bradford, Shipps & Sheftel, LLP Attorneys at Law, has full
authority to independently represent the Tribe in court on all matters
pertaining to the Tribe's Title V Program. The legal opinion includes a
demonstration of adequate legal authority to carry out the requirements
of this part, including authority to carry out those activities listed
at 40 CFR 70.4(b)(3)(i) through (xiii).
4. Relevant Title V Program Documentation
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(4). The Tribe submitted extensive application forms
(Application for Approval of the Southern Ute Indian Tribe's 40 CFR
Part 70 Operating Permit Program dated January 14, 2009, Tab 4, Program
Forms) for review as well as comprehensive instructions for each form.
5. Compliance Tracking
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(5). The Tribe submitted multiple compliance assurance
procedures and guidelines (Application for Approval of the Southern Ute
Indian Tribe's 40 CFR Part 70 Operating Permit Program dated January
14, 2009, Tab 5, Compliance Tracking).
6. Application Completeness Determination
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(6). The Tribe's Reservation Air Code (Supplement to Application
for Approval of the Southern Ute Indian Tribe's 40 CFR Part 70
Operating Permit Program dated September 28, 2010, Tab 5, Reservation
Air Code) Article II, Sections 2-106(3) and 2-107(1)(a) demonstrates
adequate authority and procedures to determine within 60 days of
receipt whether applications (including renewal applications) are
complete, to request such other information as needed to process the
application, and to take final action on complete applications within
18 months of the date of its submittal, except for initial permit
applications, for which the part 70 permitting authority may take up to
3 years from the effective date of the Title V Program to take final
action on the application, as provided for in 40 CFR 70.4(b)(11)(ii).
7. Fee Demonstration
    The Tribe's Title V Program included a fee accounting including
projected fee collection and programmatic costs (Supplement to
Application for Approval of the Southern Ute Indian Tribe's 40 CFR Part
70 Operating Permit Program dated September 28, 2010, Tab 11, Revised
Fee Demonstration, Figure 1 page 8 and Table 2 page 9) that set fees
above the presumptive minimum set forth in 40 CFR 70.9. Specific fee
provisions included $50.00 + CPI (Consumer Price Index) for all fee
pollutants released in a calendar year pursuant to the Reservation Air
Code (Supplement to Application for Approval of the Southern Ute Indian
Tribe's 40 CFR Part 70 Operating Permit Program dated September 28,
2010, Tab 5, Reservation Air Code), Article II, Section 2-119. The
Tribe's Title V Program clearly demonstrates a fee schedule that
results in the collection and retention of revenues sufficient to cover
the Title V Program costs. In addition, the fee schedule contains an
initial accounting of how required fee revenues are sufficient to cover
Title V Program costs.
8. Statement of Adequate Personnel
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(8). The Tribe submitted a statement that adequate personnel and
funding have been made available to develop, administer, and enforce
the Title V Program (Supplement to Application for Approval of the
Southern Ute Indian Tribe's 40 CFR Part 70 Operating Permit Program
dated September 28, 2010, Tab 10, 40 CFR 70.4(b)(8)). In addition, the
Tribe has provided a supplemental staffing plan (January 4, 2011 email
from Brenda Jarrell) that outlines a staff of six individuals including
a senior level engineering position.
9. Submission Commitment
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(9). The Tribe submitted a commitment (Application for Approval
of the Southern Ute Indian Tribe's 40 CFR Part 70 Operating Permit
Program dated January 14, 2009, Tab 9, 40 CFR 70.4(b)(9)) to submit, at
least annually to the Administrator, information regarding the Tribe's
enforcement activities including, but not limited to, the number of
civil, judicial and administrative enforcement actions either commenced
or concluded; the

penalties, fines, and sentences obtained in those actions; and the
number of administrative orders issued.
10. Failure To Issue Permit in a Timely Manner
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(10). The Tribe's Reservation Air Code (Supplement to
Application for Approval of the Southern Ute Indian Tribe's 40 CFR Part
70 Operating Permit Program dated September 28, 2010, Tab 5,
Reservation Air Code) Article II, Sections 2-106 and 2-107 are
consistent with requirements outlined in 40 CFR 70.5(a)(2) and 70.6(f).
11. Transition Plan
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(11). The Tribe submitted a comprehensive Revised Transition
Plan (Supplement to Application for Approval of the Southern Ute Indian
Tribe's 40 CFR Part 70 Operating Permit Program dated September 28,
2010, Tab 12, Revised Transition Plan) which outlines a plan and
schedule for submittal and final action on initial permit applications
for all part 70 sources within the exterior boundaries of the
Reservation.
12. Off Permit Changes
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(12). The Tribe's Reservation Air Code (Supplement to
Application for Approval of the Southern Ute Indian Tribe's 40 CFR Part
70 Operating Permit Program dated September 28, 2010, Tab 5,
Reservation Air Code) Article II, Sections 2-110, 2-111 and 2-116 are
provisions allowing for changes within a permitted facility without
requiring a permit revision, if the changes are not modifications under
any provision of title I of the Act and the changes do not exceed the
emissions allowable under the Part 70 permit, provided the facility
provides written notification as required in 40 CFR 70.4(b)(12).
13. Expeditious Permit Revisions and/or Modifications Review
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(13). The Tribe's Reservation Air Code (Supplement to
Application for Approval of the Southern Ute Indian Tribe's 40 CFR Part
70 Operating Permit Program dated September 28, 2010, Tab 5,
Reservation Air Code) Article II, Section 2-111 provides for adequate,
streamlined and reasonable procedures for expedited review of permit
revisions or modifications.
14. Tribe Only Revisions
    The Tribe's Title V Program does not allow changes that are not
addressed or prohibited as described in 40 CFR 70.4(b)(14). Thus, this
section does not apply to the Tribe's Title V Program.
15. Permit Changes Subject to Title I and IV of the Act
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(15). The Tribe's Reservation Air Code (Supplement to
Application for Approval of the Southern Ute Indian Tribe's 40 CFR Part
70 Operating Permit Program dated September 28, 2010, Tab 5,
Reservation Air Code) Article II, Section 2-116(2) prohibits sources
from making, without a permit revision, changes that are not addressed
or prohibited by the part 70 permit, if such changes are subject to any
requirements under title IV of the Act or are modifications under any
provision of title I of the Act.
16. Permit Content and Permit Issuance, Renewal, Re-Openings and
Revisions
    The Tribe's Title V Program meets the requirements of 40 CFR
70.4(b)(16). The Tribe's Reservation Air Code (Supplement to
Application for Approval of the Southern Ute Indian Tribe's 40 CFR Part
70 Operating Permit Program dated September 28, 2010, Tab 5,
Reservation Air Code) Article II, Sections 2-107, 2-110 and 2-112
requires the Tribe's Title V Program to implement the requirements of
40 CFR 70.6 and 70.7.

B. Options for Approval/Disapproval and Implications

    The EPA is proposing to grant interim approval to the Tribe's Title
V Program. The Tribe must make the following changes to the Reservation
Air Code (Supplement to Application for Approval of the Southern Ute
Indian Tribe's 40 CFR Part 70 Operating Permit Program dated September
28, 2010, Tab 5, Reservation Air Code) in order to receive full Title V
Program approval.
    (1) Modify the ``Emission unit'' definition to include pollutants
listed under 112(b) of the Act; and
    (2) Modify the ``Major source'' definition to include the updated
definition for purposes of regulating greenhouses gasses as part of the
Prevention of Significant Deterioration/Title V Greenhouse Gas
Tailoring Rule (GHG Tailoring Rule). See 75 FR 106 at 31514-31608 (June
3, 2010); and
    The correction to the ``Emission unit'' definition is intended to
clarify and make the Tribe's program consistent. The Tribe has the
authority to regulate pollutants listed under 112(b) of the Act through
their ``Major source'' and ``Regulated air pollutant'' definitions.
Accordingly, the ``Emission Unit'' definition should include 112(b)
pollutants to have consistent definitions in the Title V Program.
    The correction to the ``Major source'' definition is intended to
narrow the sources that will require Title V review for greenhouse
gasses (GHGs) after July 1, 2011. With this modification, the Tribe is
afforded flexibility to issue Title V operating permits to sources with
GHG emissions in a manner consistent with the Federal regulations as
set out in the GHG Tailoring Rule.
    This proposed interim approval, which may not be renewed, would
extend for a period of up to two years. Permits issued under a Title V
operating permits program with interim approval have full standing with
respect to part 70, and the one year time period for submittal of
permit applications by subject sources begins upon interim approval, as
does the three-year time period for processing the initial permit
applications.
    The Tribe shall submit to EPA changes to the Title V Program
addressing the deficiencies specified in the interim approval no later
than 8 months prior to the expiration of the interim approval. 40 CFR
70.4(f)(2). The EPA can disapprove the Tribe's Title V Program if the
specified changes are not made within the specified timeframe.

V. What action is EPA taking?

    EPA is providing an opportunity for public comment on our intent to
grant interim approval to the Southern Ute Indian Tribe's Title V
Program.

VI. Statutory and Executive Order Reviews

    Today's action merely proposes EPA's intent to grant interim
approval to the Tribe's Title V Program and does not impose additional
requirements beyond those imposed by tribal law. For that reason, this
action:
     Does ensure ``meaningful and timely input by tribal
officials in the development of regulatory policies that have tribal
implications'' as required in Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000).
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     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 (59 FR 7629, February 16, 1994).

    Dated: March 2, 2011.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. 2011-5342 Filed 3-8-11; 8:45 am]
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