FR 2021-03826

The document under review is a proposed rule from the Environmental Protection Agency (EPA), which seeks to approve a Tribal Implementation Plan (TIP) submitted by the Northern Cheyenne Tribe. The primary goal of this plan is to regulate air pollution within the boundaries of the Northern Cheyenne Indian Reservation and associated trust parcels. The key strategy laid out in the TIP involves the maintenance of national air quality standards through a regulated open burning program. The plan includes limits on pollutants such as sulfur dioxide, particulate matter, and ozone. The EPA's approval would render these regulations enforceable at the federal level, aligning them with the provisions of the Clean Air Act.

General Summary

The document is highly technical and includes an extensive overview of air quality standards and regulatory protocols. It discusses the process through which the Northern Cheyenne Tribe would exercise authority to manage air pollution, highlighting the legal frameworks involved. Additionally, it explains how the Tribe has gained eligibility to be treated similarly to a state in handling air quality issues. The draft TIP includes detailed provisions for open burning permits, standards for various pollutants, and enforcement protocols.

Significant Issues and Concerns

One of the major challenges in comprehending this document is the dense technical and legal language, which might overwhelm readers who are not familiar with environmental regulations. There are numerous references to specific sections of the Clean Air Act, mixed with professional jargon and several acronyms, making it a cumbersome read for those without a background in law or environmental policy.

The document could benefit from a clearer explanation of the TIP's implications, how the EPA and the Tribe will share enforcement responsibilities, and any expected outcomes or benefits. Current information on the financial implications for both the Tribe and the EPA is notably absent, potentially raising concerns about fiscal accountability.

Another significant issue is the lack of discussion regarding any potential conflicts of interest or the identification of parties that might especially benefit from the TIP approval.

Impact on the Public

For the broader public, the approval of this TIP could lead to improved air quality and health outcomes due to stricter pollution controls on the Northern Cheyenne Reservation. However, those affected directly by open burning regulations may see changes in current practices as the program establishes tighter controls and requirements.

Impact on Specific Stakeholders

The Northern Cheyenne Tribe stands to gain enhanced autonomy over its air quality management efforts, as approval would permit federal enforcement of their TIP. This recognition could serve as a positive precedent for other tribes seeking similar arrangements.

The EPA would take on additional roles, particularly in enforcing aspects of the TIP where the Tribe lacks authority, such as pursuing criminal enforcement actions. This collaborative effort between the EPA and the Tribe suggests a joint-interest strategy aimed at preserving environmental standards.

In summary, while the proposed TIP presents an opportunity for the Northern Cheyenne Tribe to have greater control over its air quality management issues, the document itself could be more accessible by simplifying the language and expanding on financial and enforcement details. Moreover, clarity on the broader implications for both the Tribe and the public would further enhance understanding and support for the initiative.

The document under discussion primarily centers around the approval of the Northern Cheyenne Tribe's Tribal Implementation Plan (TIP), focusing on regulating air pollution within their reservation. While the document extensively covers procedural and regulatory aspects, it contains limited direct references to financial implications or allocations.

The sole monetary reference within the document is to a civil penalty of up to $5,000 per day for each violation, which can be imposed through a compliance order. This financial sanction is intended to enforce compliance with the environmental regulations set forth in the TIP. It also includes an assessment of costs incurred by the Northern Cheyenne Tribe's Department of Environmental Protection and Natural Resources (DEPNR) for such violations. This penalty structure serves a dual purpose: deterring potential violators from breaching air quality standards and ensuring that the costs of enforcement are covered by those who fail to comply with the regulations.

The document does not explicitly discuss any broader financial impacts or allocations regarding the implementation of the TIP. Notably absent is any mention of how the TIP approval might influence the financial situation of the Northern Cheyenne Tribe or affect the budget of the Environmental Protection Agency (EPA). This absence of broader financial context might raise concerns about the financial oversight associated with the TIP, as it lacks information on funding sources, budgetary implications, or any potential financial burden on the tribe or the EPA.

Additionally, the references to civil penalties might connect with identified issues like enforcement mechanisms. While the penalty is a financial tool aimed at compliance, the document could be more transparent about how the EPA and the Tribe will collaborate in enforcing these penalties. There is no detailed explanation of how fines collected will be utilized or whether they will support the Tribe’s environmental programs, cover administrative costs, or assist in furthering environmental protection initiatives within the reservation.

Overall, while the document lays out the possible financial repercussions for non-compliance, including significant daily penalties, it does not provide a comprehensive view of any financial planning involved in implementing and enforcing the TIP. This lack of detail might leave stakeholders seeking more clarity on how the financial aspects of the program will be managed and their long-term implications.