Note
to
the
docket
from
Debra
Suzuki
February
25,
2005
I.
The
following
documents
were
provided
to
OMB
during
their
90­
day
review
(
August
18
through
November
16,
2004)
and
are
included
in
the
docket:

A)
Form
OMB
83­
R,
May
27,
2004
B)
Form
OMB
83
­
I,
July
30,
2004
C)
Federal
Implementation
Plans
Under
the
Clean
Air
Act
for
Indian
Reservations
in
Idaho,
Oregon
and
Washington,
Final
Rule,
June
15,
2004
D)
Economic
Impact
Analysis,
June
21,
2004
E)
Information
Collection
Request
Supporting
Statement,
July
28,
2004
H)
Copy
of
all
written
public
comments
I)
Certification
letter
for
compliance
with
Executive
Order
13175,
"
Consultation
and
Coordination
with
Indian
Tribal
Governments,
September
21,
2004
J)
Response
to
Comments
Document,
August
19,
2004
K)
Technical
Support
Document,
December
1,
2001
[
III­
B­
04]
L)
Table
of
Contents
for
the
Proposed
Rule
Consultation
Record,
December
2001
M)
List
of
Tribal
Consultation/
Communication
for
Final
Rule,
October
13,
2004
II.
The
following
minor
revisions
were
made
based
on
conversations
with
OMB
(
Amy
Flynn).
All
revisions
were
regarding
the
categorization
of
non­
labor
costs.

A)
Form
OMB
83
­
I,
October
4,
2004
Originally,
we
had
listed
zero
costs
in
#
14
on
Form
OMB
83­
I
based
on
guidance
from
OPEI.
OMB
explained
that
our
non­
labor
costs
should
be
categorized
as
capital/
startup
costs
(
14.
a)
if
they
are
one­
time
costs
or
as
O&
M
costs
(
14.
b)
if
they
are
recurring
costs.
We
therefore
updated
#
14
on
Form
OMB
83­
I
with
the
appropriate
numbers.

B)
Economic
Impact
Analysis
We
updated
the
EIA
to
reflect
the
change
made
to
Form
OMB
83­
I.
The
following
changes
were
made
to
page
ES­
4:

"
annualized
labor
and
non­
labor
costs
were
estimated
to
be
$
93,736
and
$
17,475,
respectively,
while
incremental
capital
costs
and
incremental
O&
M
costs
were
assumed
to
be
zero.
As
mentioned
above,
there
may
be
some
O&
M
costs
associated
with
continued
compliance
with
the
rules,
but
there
were
insufficient
data
to
estimate
the
magnitude
of
these
costs..
Thus,
the
total
estimated
annual
cost
associated
with
the
basic
rules
is
$
111,211
after
the
registration
rule
(
49.138)
has
been
phased
in.

The
additional
rules
apply
only
on
reservations
where
EPA,
in
consultation
with
the
Tribes,
has
determined
that
they
are
appropriate.
Cost
estimates
for
the
additional
rules
only
include
costs
on
those
reservations
that
at
least
one
of
the
additional
rules
applies.
The
additional
rules
were
estimated
to
have
annualized
labor
costs
of
$
27,135,
while
non­
labor
costs,
incremental
capital
costs,
and
incremental
O&
M
costs
were
each
assumed
to
equal
zero,
for
a
total
of
$
27,135
after
the
burning
permit
rules
(
49.132,
49.133,
and
49.134)
have
been
phased
in
on
both
reservations.
Overall,
annualized
labor
costs
were
estimated
to
be
$
120,872,
annualized
non­
labor
costs
were
estimated
to
be
$
17,475,
incremental
capital
costs
are
assumed
to
be
zero,
(
which
is
divided
between
annualized
start­
up
costs
of
$
14,175
and
recurring
annual
[
O&
M]
costs
of
$
3,300),
and
incremental
O&
M
costs
pollution
abatement
capital
equipment
expenditures
are
assumed
to
be
zero
for
a
total
estimated
cost
of
$
138,347
annually
after
all
rules
are
fully
phased
in."

C)
Federal
Implementation
Plans
Under
the
Clean
Air
Act
for
Indian
Reservations
in
Idaho,
Oregon
and
Washington,
Final
Rule,
November
16,
2004
We
updated
the
preamble
to
reflect
the
change
made
to
Form
OMB
83­
I.
The
following
changes
were
made
to
page
24
of
the
preamble:

"
The
EIA
has
been
updated
to
reflect
rule
revisions,
updated
wage
rates,
and
new
information
about
the
sources
on
the
39
Indian
reservations.
As
described
in
the
EIA,
annualized
labor
costs
are
estimated
to
be
$
120,872,
annualized
non­
labor
costs
are
estimated
to
be
$
17,475,
incremental
capital
costs
are
assumed
to
be
zero
(
which
is
divided
between
annualized
start­
up
costs
of
$
14,175
and
recurring
annual
[
O&
M]
costs
of
$
3,300),
and
incremental
O&
M
costspollution
abatement
capital
equipment
expenditures
are
assumed
to
be
zero
for
a
total
estimated
cost
of
$
138,347
annually
after
all
rules
are
fully
implemented.
These
estimates
are
the
cumulative
costs
for
all
businesses
affected
by
the
rules.
The
final
Economic
Impact
Analysis
is
available
in
the
docket
for
this
rulemaking."

III.
The
following
revisions
were
EPA
initiated.

A)
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.
EPA
is
not
finalizing
§
49.136
at
this
time,
and
we
are
promulgating
§
49.135
for
the
Nez
Perce
and
Umatilla
Indian
Reservations
in
place
of
§
49.136.
The
preamble,
rule,
and
response
to
comment
document
were
updated
to
reflect
this.

B)
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
preamble,
rule,
and
response
to
comment
document
were
updated
to
reflect
this.
