Note
to
the
Docket
February
2005
Subsequent
to
the
completion
of
the
economic
analyses
in
the
Information
Collection
Request
(
ICR)
Supporting
Statement
and
the
Economic
Impact
Analysis
(
EIA)
for
the
"
Federal
Implementation
Plans
under
the
Clean
Air
Act
for
Indian
Reservations
in
Idaho,
Oregon,
and
Washington,"
EPA
decided
not
to
finalize
§
49.136
Emissions
detrimental
to
persons,
property,
cultural
or
traditional
resources
at
this
time.
EPA
proposed
that
§
49.136
Rule
for
emissions
detrimental
to
persons,
property,
cultural
or
traditional
resources
would
apply
on
two
reservations,
the
Nez
Perce
Reservation
and
the
Umatilla
Indian
Reservation
and
§
49.135
Rule
for
emissions
detrimental
to
public
health
or
welfare
would
apply
on
all
other
reservations
in
Idaho,
Oregon,
and
Washington.
This
is
the
way
the
rules
are
described
in
the
ICR
supporting
statement
and
the
EIA.
Because
EPA
is
not
finalizing
§
49.136
at
this
time,
we
are
promulgating
§
49.135
for
the
Nez
Perce
and
Umatilla
Indian
Reservations
in
place
of
§
49.136.
Cost
estimates
were
not
prepared
for
§
49.135
or
§
49.136
(
as
justified
in
the
documents),
so
the
total
burden
estimates
in
these
documents
are
not
affected.

Additionally,
subsequent
to
the
completion
of
the
ICR
supporting
statement
and
the
EIA,
EPA
modified
the
language
in
§
49.135(
c)(
1)(
ii)
from
"
is,
or
would
likely
be,
injurious
to
human
health
and
welfare"
to
"
is
presenting
an
imminent
and
substantial
endangerment
to
public
health
or
welfare,
or
the
environment."
The
title
of
§
49.135
was
revised
from
"
Rule
for
emissions
detrimental
to
human
health
or
welfare"
to
"
Rule
for
emissions
detrimental
to
public
health
or
welfare."
Therefore,
there
are
descriptions
of
§
49.135
in
the
ICR
supporting
statement
and
the
EIA
that
are
not
consistent
with
the
final
rule
language.
Cost
estimates
were
not
prepared
for
§
49.135
or
§
49.136
(
as
justified
in
the
documents),
so
the
total
burden
estimates
in
these
documents
are
not
affected.
Also,
the
rationale
for
not
preparing
cost
estimates
for
§
49.135
or
§
49.136
is
not
affected
by
the
modifications
to
§
49.135.
