May
28,
2004
Final
Rule
for
OMB
Review
1
6/
15/
04
version
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
49
and
9
[
Docket
#:
OAR­
2004­
0067;
FRL]

RIN
2012­
AA01
Federal
Implementation
Plans
under
the
Clean
Air
Act
for
Indian
Reservations
in
Idaho,
Oregon
and
Washington
AGENCY:
Environmental
Protection
Agency.

ACTION:
Final
rule.

SUMMARY:
The
Environmental
Protection
Agency
(
EPA)
is
taking
final
action
on
these
Federal
Implementation
Plans
(
FIPs)
under
the
Clean
Air
Act
(
CAA)
for
Indian
reservations
in
Idaho,
Oregon,
and
Washington.
The
FIPs
put
in
place
basic
air
quality
regulations
to
protect
health
and
welfare
on
Indian
reservations
located
in
the
Pacific
Northwest.

DATES:
This
regulation
is
effective
[
INSERT
DATE
60
DAYS
AFTER
PUBLICATION
IN
THE
FEDERAL
REGISTER].
The
incorporation
by
reference
of
certain
publications
listed
in
the
rule
is
approved
by
the
Director
of
the
Federal
Register
as
of
[
INSERT
DATE
60
DAYS
AFTER
PUBLICATION
IN
THE
FEDERAL
REGISTER].

ADDRESSES:
EPA
has
established
a
docket
for
this
action
under
Docket
ID
No.
OAR­
2004­

0067.
All
documents
in
the
docket
are
listed
in
the
EDOCKET
index
at
http://
www.
epa.
gov/
edocket.
Although
listed
in
the
index,
some
information
is
not
publicly
available,
i.
e.,
CBI
or
other
information
whose
disclosure
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
either
electronically
in
May
28,
2004
Final
Rule
for
OMB
Review
2
EDOCKET
or
in
hard
copy
at
the
EPA
Air
and
Radiation
Docket
and
Information
Center,

located
at
1301
Constitution
Avenue,
NW,
Room
B102,
Mail
Code
6102T,
Washington,
D.
C.

20004
(
mailing
address
is
1200
Pennsylvania
Avenue,
NW,
Mail
Code
6102T,
Washington,
D.
C.

20460).
The
EPA
Air
and
Radiation
Docket
and
Information
Center
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.
Eastern
Time,
Monday
through
Friday,
excluding
legal
holidays.
The
phone
number
for
the
Docket's
Public
Reading
Room
is
(
202)
566­
1744.
The
docket
is
also
available
for
public
inspection
and
copying
at
the
EPA
Region
10
office,
Office
of
Air
Quality,
10th
Floor,
1200
Sixth
Avenue,
Seattle,
Washington
98101.
between
8:
30
a.
m.
and
3:
30
p.
m.
Pacific
Time,
Monday
through
Friday,
excluding
legal
holidays.
EPA
Region
10
requests
that,
if
at
all
possible,
you
contact
the
person
listed
in
the
FOR
FURTHER
INFORMATION
CONTACT
section
to
schedule
your
inspection.
A
reasonable
fee
may
be
charged
for
copies.

FOR
FURTHER
INFORMATION
CONTACT:
David
Bray,
Office
of
Air
Quality
(
OAQ­

107),
U.
S.
EPA
Region
10,
1200
Sixth
Avenue,
Seattle,
WA
98101­
1128,
(
206)
553­
4253,
or
email
address:
bray.
dave@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

Table
of
Contents
I.
Background
of
the
Final
Rules
II.
Major
Issues
Raised
by
Commenters
A.
EPA's
Authority
under
the
CAA
B.
Open
Burning
Rule
C.
Economic
Impacts
D.
Delegation
of
Authority
to
Tribes
May
28,
2004
Final
Rule
for
OMB
Review
3
E.
Public
Participation
in
the
Rulemaking
F.
Implementation
of
the
Rules
G.
Applicability
of
the
Rules
to
Specific
Source
Categories
III.
Summary
of
the
Final
Rules
and
Significant
Changes
from
the
March
2002
Proposal
IV.
Statutory
and
Executive
Order
Reviews
I.
Background
of
the
Final
Rules
On
March
15,
2002,
the
Environmental
Protection
Agency
(
EPA,
Agency,
or
we)

proposed
to
establish
Federal
Implementation
Plans
(
FIPs)
under
the
Clean
Air
Act
(
CAA
or
Act)

(
42
U.
S.
C.
7401
to
7671q)
for
39
Indian
reservations
in
Idaho,
Oregon,
and
Washington.
67
FR
11748­
11801,
March
15,
2002
and
67
FR
51802­
51803,
August
9,
2002.
EPA
stated
that
the
proposed
rules
would
be
an
important
step
in
ensuring
that
basic
air
quality
protection
is
in
place
to
protect
health
and
welfare
on
Indian
reservations
located
in
the
Pacific
Northwest.
The
proposal
was
widely
publicized,
and
residents
of
the
reservations,
as
well
as
affected
Tribes,
local
governments,
and
States
commented
on
the
proposed
rules.
During
the
comment
period
that
ended
on
October
10,
2002,
EPA
also
held
a
public
hearing
in
Toppenish,
Washington
on
September
10,
2002.
We
received
155
written
comments
during
the
comment
period
and
28
people
provided
oral
testimony
at
the
public
hearing.

In
promulgating
today's
rules,
EPA
is
exercising
its
discretionary
authority
under
sections
301(
a)
and
301(
d)(
4)
of
the
CAA
to
promulgate
such
implementation
plan
provisions
as
are
necessary
or
appropriate
to
protect
air
quality
within
the
Indian
reservations
that
are
specifically
identified
in
40
CFR
part
49,
subpart
M
Implementation
Plans
for
Tribes
 
Region
X.

After
evaluating
air
quality
issues
for
the
Indian
reservations
in
Idaho,
Oregon,
and
May
28,
2004
Final
Rule
for
OMB
Review
4
Washington,
EPA
continues
to
be
concerned
that
there
is
a
gap
in
air
quality
requirements
in
these
areas
under
the
CAA.
Many
Tribes
in
the
Region
are
in
the
process
of
developing
air
quality
management
programs
under
the
CAA;
however,
as
of
April
2004,
no
Tribe
in
Region
10
has
submitted
Tribal
regulations
for
EPA
approval
as
a
Tribal
Implementation
Plan
(
TIP).

Furthermore,
States
generally
lack
the
authority
to
regulate
air
quality
in
Indian
country.
EPA
is
promulgating
these
rules
today
because
we
have
concluded
that
they
are
appropriate
for
protecting
air
quality
on
Indian
reservations
in
the
Pacific
Northwest.
The
rules
will
apply
to
any
person
who
owns
or
operates
an
air
pollution
source
within
the
exterior
boundaries
of
an
Indian
reservation
in
Idaho,
Oregon,
or
Washington,
as
set
forth
in
40
CFR
part
49,
subpart
M.

The
gap­
filling
rules
EPA
proposed
in
March
2002
were
generally
based
upon
the
aspects
of
neighboring
State
and
local
rules
most
relevant
to
the
air
polluting
activities
on
reservations
in
the
Pacific
Northwest,
and
follow
a
level
of
control
of
a
typical
air
quality
control
program.
EPA
does
not
intend,
nor
does
it
expect,
these
gap­
filling
regulations
to
impose
significantly
different
regulatory
burdens
upon
industry
or
residents
within
reservations
than
those
imposed
by
the
rules
of
State
and
local
air
agencies
in
the
surrounding
areas.
As
a
general
matter,
these
regulations
are
not
as
restrictive
as
the
most
stringent
State
and
local
rules
for
the
same
class
of
sources
or
activities;
likewise,
they
are
not
as
lenient
as
the
least
stringent
of
the
State
and
local
rules.

Included
in
the
docket
for
the
proposed
rulemaking
were
copies
of
all
the
State
and
local
rules
that
EPA
considered
in
this
process,
as
well
as
a
technical
support
document
with
summary
tables
showing
the
State
and
local
agency
levels
of
control
as
compared
with
the
proposed
regulations
and
a
description
of
why
EPA
believed
the
proposed
rules
were
appropriate.

During
the
comment
period,
a
number
of
Tribal
governments,
the
States
of
Idaho,
May
28,
2004
Final
Rule
for
OMB
Review
5
Oregon,
and
Washington,
and
many
local
air
agencies
in
Washington
submitted
comments
supporting
the
rules
proposed
by
EPA
and
offered
suggestions
for
improving
the
proposed
rules.

These
commenters
urged
EPA
to
finalize
the
rules.
Several
Tribes
also
urged
EPA
to
continue
assisting
Tribes
to
build
and
implement
their
air
quality
management
programs
that
will
operate
in
coordination
with
EPA's
rules.

A
number
of
comments
were
submitted
that
objected
to
the
proposal
generally
or
to
particular
provisions,
EPA's
reasons
for
proposing
the
rules,
or
how
the
proposal
was
developed.

As
discussed
in
detail
below,
many
commenters
objected
to
the
rules
because
they
misunderstood
the
proposal
as
authorizing
Tribal
governments
to
regulate
the
activities
of
nonmembers
of
the
Tribe
on
privately
deeded
land
within
the
reservation.
Many
of
those
commenters
also
disagreed
with
EPA
that
there
is
a
regulatory
gap
under
the
CAA
on
Indian
reservations.
The
commenters
asserted
that
nonmember
reservation
residents
and
their
private
property
within
a
reservation
are
under
State
jurisdiction,
and
that
the
proposed
rules
usurp
the
rights
of
State
and
local
air
authorities
to
manage,
control,
and
enforce
air
quality
requirements
on
non­
trust
parcels
within
the
exterior
boundaries
of
the
reservation.
Several
comments
criticized
EPA
for
failing
to
follow
its
own
public
participation
requirements
for
early
involvement
prior
to
publishing
the
proposed
rules.
In
addition,
EPA
was
criticized
for
consulting
with
Tribal
governments
for
a
number
of
years
during
the
development
of
the
proposed
rules,
but
not
providing
adequate
time
for
local
governments
to
participate.

The
proposal
to
regulate
open
burning
drew
many
comments.
While
the
commenters
generally
supported
EPA's
proposal
to
regulate
open
burning,
there
was
a
great
deal
of
concern
about
the
proposal
to
allow
the
burning
of
combustible
household
wastes
in
burn
barrels.
A
May
28,
2004
Final
Rule
for
OMB
Review
6
number
of
commenters
also
misunderstood
the
proposal
as
banning
agricultural
field
burning
and
wrote
about
the
economic
importance
of
field
burning
to
the
agricultural
community.

Commenters
also
wrote
that
EPA
should
ensure
it
has
adequate
resources,
both
personnel
and
financial,
to
support
implementation
of
the
rules.
Several
Tribes
urged
EPA
to
provide
sufficient
resources
for
implementation,
such
as
for
responding
to
complaints
and
taking
enforcement
actions
where
there
are
violations
of
the
rules.
As
mentioned
above,
Tribes
also
want
EPA
to
continue
to
support
capacity
building
by
Tribes
for
Tribal
air
programs
and
to
provide
adequate
resources
so
the
Tribes
can
assist
EPA
in
administering
the
rules.

After
evaluating
all
the
comments
that
were
received,
EPA
is
moving
forward
with
final
rules
for
the
39
reservations.
In
these
final
rules,
we
are
making
certain
modifications
that
reflect
what
EPA
has
learned
from
the
extensive
information
provided
by
commenters
and
from
consultation
with
the
affected
Tribal
governments.
This
preamble
to
the
final
rules
responds
to
the
major
issues
raised
by
commenters
and
describes
the
final
rules
and
significant
changes
from
the
proposal.
All
other
comments
are
addressed
in
a
document
entitled
"
Response
to
Comments"

that
can
be
found
in
the
docket
for
this
rulemaking
cited
above.

II.
Major
Issues
Raised
by
Commenters
A.
EPA's
Authority
under
the
CAA
.
Several
commenters
wrote
that
the
new
Federal
rules
would
duplicate
State
and
local
government
rules,
and
therefore
subject
sources
to
another
set
of
regulations
for
the
same
activity.
Some
commenters
wrote
that
EPA
has
erroneously
determined
that
the
State
of
Washington
does
not
have
authority
to
administer
environmental
laws
for
nontrust
lands
in
the
State
under
an
approved
program.
Other
commenters
wrote
that
EPA
has
not
properly
determined
that
the
State
does
not
have
such
jurisdiction
as
required
by
State
of
May
28,
2004
Final
Rule
for
OMB
Review
7
Michigan
v.
EPA,
268
F.
3d
1075
(
D.
C.
Cir.
2001).
A
State
environmental
agency
disagreed
with
EPA's
position
that
States
generally
lack
the
authority
to
regulate
air
quality
in
Indian
country,

and
cited
section
116
of
the
CAA
as
specifically
preserving
State
law
from
preemption
with
respect
to
air
emission
standards.
Commenters
expressed
a
variety
of
other
views
as
to
why
they
believe
States,
not
the
Federal
government,
have
jurisdiction
for
air
quality
programs
in
Indian
country.
One
commenter
wrote
that
Congress
has
given
too
much
power
to
EPA,
and
that
EPA
has
exceeded
its
delegation
of
responsibility.
One
citizen
stated
that
the
regulatory
gap
referred
to
in
the
proposed
rules
is
a
jurisdictional
gap
created
by
EPA,
and
that
EPA
has
redefined
a
reservation
to
include
all
properties,
regardless
of
their
ownership.
The
commenter
stated
that
such
a
gap
does
not
exist,
and
that
nonmember
residents
and
their
private
property
within
a
reservation
are
regulated
by
applicable
State
and
county
authorities
in
charge
of
air
quality.
Some
commenters
also
expressed
concern
that
EPA
would
extend
the
Federal
regulatory
program
to
include
areas
in
an
airshed
that
lie
outside
of
the
reservation
boundaries.
One
commenter
also
asked
EPA
to
describe
how
it
will
determine
the
reservation
status
of
a
source
and
whether
there
is
a
question
of
the
Indian
country
status
of
the
source.

Several
commenters
wrote
that
EPA
has
exceeded
its
authority
by
establishing
emission
limitations
that
are
not
required
in
order
to
meet
National
Ambient
Air
Quality
Standards
(
NAAQS).
These
commenters
asserted
that
the
CAA
authorizes
EPA
regulations
only
if
needed
to
meet
or
attain
the
NAAQS,
and
then
only
at
levels
justified
to
achieve
health­
based
measures.

These
commenters
assert
that
the
CAA
does
not
provide
authority
to
regulate
sources
in
an
attainment
area.
An
industry
commenter
also
stated
that
the
rules
to
protect
air
quality
from
the
potential
for
significant
deterioration
caused
by
particulate
matter
(
such
as
§
§
49.124,
49.125,
1
"
Indian
country"
is
defined
under
18
U.
S.
C.
1151
as:
(
1)
all
land
within
the
limits
of
any
Indian
reservation
under
the
jurisdiction
of
the
United
States
Government,
notwithstanding
the
issuance
of
any
patent,
and
including
rights­
of­
way
running
through
the
reservation,
(
2)
all
dependent
Indian
communities
within
the
May
28,
2004
Final
Rule
for
OMB
Review
8
49.126,
and
49.128)
and
rules
for
protecting
air
quality
from
the
potential
for
significant
deterioration
caused
by
sulfur
dioxide
release
(
§
§
49.129
and
49.130)
appear
to
conflict
with
the
CAA's
regulatory
scheme
for
stationary
sources
because
EPA
has
not
clearly
characterized
the
state
of
air
quality,
as
measured
by
the
NAAQS,
in
the
areas
subject
to
the
rules.
This
commenter
and
a
number
of
others
also
questioned
how
EPA
determined
the
stringency
of
the
proposed
emission
limitations,
with
some
commenters
stating
that
the
requirements
should
be
more
stringent,
other
commenters
stating
that
the
requirements
should
be
less
stringent,
and
some
noting
that
the
levels
appear
to
be
arbitrary.

A
local
government
agency
commented
that
instead
of
adopting
Federal
requirements,

EPA
should
use
the
process
of
approving
Tribes
for
"
treatment
in
the
same
manner
as
a
State"

(
commonly
referred
to
as
"
TAS"),
set
forth
in
the
CAA.
One
commenter
stated
that
EPA
should
ensure
that
the
proposed
rules
do
not
circumvent
the
TAS
process
as
the
method
for
approving
Tribes
to
administer
programs
under
the
CAA.

Other
commenters
criticized
EPA
for
not
establishing
milestones
to
implement
CAA
provisions
as
soon
as
practicable,
since
States
and
delegated
local
air
agencies
must
do
so.
These
commenters
also
criticized
EPA
for
not
establishing
schedules
for
implementation,
as
States
are
required
to
do
under
the
CAA.

EPA
Response.
In
the
final
rule
entitled
"
Indian
Tribes:
Air
Quality
Planning
and
Management,"

generally
referred
to
as
the
"
Tribal
Authority
Rule"
or
"
TAR",
EPA
explains
that
it
intends
to
use
its
authority
under
the
CAA
"
to
protect
air
quality
throughout
Indian
country1"
by
directly
borders
of
the
United
States,
whether
within
the
original
or
subsequently
acquired
territory
thereof,
and
whether
within
or
without
the
limits
of
a
State,
and
(
3)
all
Indian
allotments,
the
Indian
titles
to
which
have
not
been
extinguished,
including
rights­
of­
way
running
through
the
same.
Under
this
definition,
EPA
treats
as
reservations
trust
lands
validly
set
aside
for
the
use
of
a
Tribe
even
if
the
trust
lands
have
not
been
formally
designated
as
a
reservation.

2
For
purposes
of
approving
the
Washington
Department
of
Ecology
(
WDOE)
operating
permits
program
under
40
CFR
part
70,
EPA
explicitly
found
that
WDOE
demonstrated
that
the
Washington
Indian
(
Puyallup)
Land
Claims
Settlement
Act,
25
U.
S.
C.
1773,
gives
explicit
authority
to
State
and
local
governments
to
administer
their
environmental
laws
on
all
non­
trust
lands
within
the
1873
Survey
Area
of
the
Puyallup
Reservation
in
Tacoma,
Washington.

May
28,
2004
Final
Rule
for
OMB
Review
9
implementing
the
CAA's
requirements
where
Tribes
have
chosen
not
to
develop
or
are
not
implementing
a
CAA
program.
63
FR
7254,
February
12,
1998.
The
final
TAR
at
40
CFR
49.11
states
that
EPA
would
"
promulgate
without
unreasonable
delay
such
Federal
implementation
plan
provisions
as
are
necessary
or
appropriate
to
protect
air
quality"
for
these
areas.
EPA
is
exercising
its
authority
under
sections
301(
a)
and
301(
d)(
4)
of
the
CAA
and
40
CFR
49.11(
a)
to
promulgate
FIPs
in
order
to
remedy
an
existing
regulatory
gap
under
the
CAA
with
respect
to
Indian
reservations
located
in
Idaho,
Oregon,
and
Washington.
Although
many
facilities
in
these
areas
may
have
historically
followed
State
and
local
government
air
quality
programs,
with
only
one
exception,
EPA
has
never
approved
those
governments
to
exercise
regulatory
authority
under
the
CAA
on
any
Indian
reservations.
2
Since
the
CAA
was
amended
in
1990,
EPA
has
been
clear
in
its
approvals
of
State
programs
that
the
approved
State
program
does
not
extend
into
Indian
country.
It
is
EPA's
position
that,
absent
an
explicit
finding
of
jurisdiction
and
approval
in
Indian
country,
State
and
local
governments
lack
authority
under
the
CAA
over
air
pollution
sources,

and
the
owners
or
operators
of
air
pollution
sources,
throughout
Indian
country.
Given
the
longstanding
air
quality
concerns
in
some
areas
and
the
need
to
establish
requirements
in
all
areas
to
maintain
CAA
standards,
EPA
believes
that
these
FIP
provisions
are
appropriate
to
protect
air
May
28,
2004
Final
Rule
for
OMB
Review
10
quality
on
the
identified
reservations.
The
rules
published
today
are
based
on
the
same
CAA
authority
as
EPA
has
used
elsewhere
in
rulemaking
that
has
been
affirmed
by
the
courts.
As
described
below
in
II.
D,
EPA's
interpretation
of
its
authority
has
been
affirmed
by
the
U.
S.
Court
of
Appeals
for
the
District
of
Columbia
Circuit
in
Arizona
Public
Service
Co.
v.
EPA,
211
F.
3d
1280
(
D.
C.
Cir.
2000),
cert.
denied
121
S.
Ct.
1600
(
2001).
In
addition,
EPA's
authority
to
issue
operating
permits
to
major
stationary
sources
located
in
Indian
country
under
Title
V
of
the
Act,

pursuant
to
regulations
at
40
CFR
part
71,
was
affirmed
in
State
of
Michigan
v.
EPA,
268
F.
3d
1075
(
D.
C.
Cir.
2001).
EPA
has
used
this
same
authority
to
issue
a
number
of
FIPs
to
address
air
pollution
concerns
at
specific
facilities
located
in
Indian
country.
See
Federal
Implementation
Plan
for
Tri­
Cities
landfill,
Salt
River
Pima­
Maricopa
Indian
Community,
40
CFR
49.22
(
64
FR
65663,
November
23,
1999)
and
Federal
Implementation
Plan
for
the
Astaris­
Idaho
LLC
Facility
(
formerly
owned
by
FMC
Corporation)
in
the
Fort
Hall
PM10
Nonattainment
Area,
40
CFR
49.10711
(
65
FR
51412,
August
23,
2000).

Effects
of
State
Law.
The
rules
established
by
EPA
here
are
in
effect
under
the
CAA.

EPA
recognizes
that
in
a
few
cases,
other
governmental
entities
may
have
established
air
quality
or
fire
safety
requirements
that
the
commenters
believe
apply
to
them
for
the
same
activity.

However,
unless
those
rules
or
requirements
have
been
approved
by
EPA
under
the
CAA
to
apply
on
Indian
reservations,
compliance
with
those
other
requirements
does
not
relieve
a
source
from
complying
with
the
applicable
Federal
Air
Rules
for
Indian
Reservations
in
Idaho,
Oregon,
and
Washington
(
FARR).
As
EPA
has
stated
elsewhere,
States
generally
lack
the
authority
to
regulate
air
quality
in
Indian
country.
See
California
v.
Cabazon
Band
of
Mission
Indians,
480
U.
S.
202,
216
and
n.
18
(
1987);
see
also
HRI
v.
EPA,
198
F.
3d
1224,
1242
(
10th
Cir.
2000),
May
28,
2004
Final
Rule
for
OMB
Review
11
Montana
v.
EPA,
137
F.
3d
1135
(
9th
Cir.
1998),
cert.
denied
525
U.
S.
921
(
1998);
see
also
discussion
in
EPA's
final
rule
for
the
Federal
operating
permits
program,
64
FR
8251
­
8255
(
February
19,
1999).
Furthermore,
EPA
interprets
the
CAA
as
favoring
unitary
management
of
reservation
air
resources
and
as
a
delegation
of
Federal
authority
to
eligible
Tribes
to
implement
the
CAA
over
all
sources
within
reservations,
including
non­
Indian
sources
on
fee
lands.

Accordingly,
even
if
a
State
could
demonstrate
authority
over
non­
Indian
sources
on
fee
lands,

EPA
believes
that
the
CAA
generally
provides
the
Agency
the
discretion
to
Federally
implement
the
CAA
over
all
reservation
sources
in
order
to
ensure
an
efficient
and
effective
transition
to
Tribal
CAA
programs
and
to
avoid
the
administratively
undesirable
checkerboarding
of
reservation
air
quality
management
based
on
land
ownership.
EPA
believes
that
Congress
intended
that
EPA
take
a
territorial
view
of
implementing
air
programs
within
reservations.
EPA
believes
that
air
quality
planning
for
a
checkerboarded
area
would
be
more
difficult
and
that
it
would
be
inefficient
if
a
State
were
to
exercise
regulation
over
piecemeal
tracts
of
land
within
a
reservation,
possibly
with
similar
reservation
sources
being
subject
to
different
substantive
requirements.
EPA's
approach
provides
for
coherent
and
consistent
environmental
regulation
within
reservations.

Although
EPA
does
not
recognize
State
or
local
air
regulations
as
being
effective
within
Indian
country
for
purposes
of
the
CAA,
absent
an
express
approval
by
EPA
of
those
regulations
for
an
area
of
Indian
country,
today's
rulemaking
does
not
address
the
validity
of
State
and
local
law
and
regulations
with
respect
to
sources
in
Indian
country,
or
the
authority
of
State
and
local
agencies
to
regulate
such
sources,
for
purposes
other
than
the
Federal
CAA.
We
are
specifically
not
making
a
determination
that
these
Federal
CAA
rules
override
or
preempt
any
other
laws
that
May
28,
2004
Final
Rule
for
OMB
Review
12
have
been
established.
For
example,
in
the
area
of
open
burning,
EPA
recognizes
that
some
Federal,
State,
local,
and
Tribal
agencies
may
have
established
requirements
covering
topics
such
as
solid
waste
management
and
fire
safety
in
addition
to
air
quality
management.
The
general
open
burning
rule
at
§
49.131
specifically
provides
that
nothing
in
the
rule
exempts
or
excuses
any
person
from
complying
with
the
applicable
laws
and
ordinances
of
other
governmental
jurisdictions.

Application
of
the
FARR
to
Sources
within
the
Exterior
Boundaries
of
Reservations.

Since
these
rules
will
apply
only
to
sources
located
within
the
boundaries
of
the
specified
Indian
reservations,
EPA
believes
it
will
be
relatively
easy
for
a
source
or
activity
located
on
an
Indian
reservation
to
determine
whether
it
is
subject
to
the
provisions
of
the
rules
that
are
included
in
the
implementation
plan
for
that
reservation
in
40
CFR
part
49,
subpart
M.
The
rules
adopted
here
do
not
apply
directly
to
sources
located
outside
these
reservations.
A
source
that
is
uncertain
regarding
the
applicability
of
a
rule
may
submit
a
written
request
to
EPA
for
an
applicability
determination.
In
response,
EPA
will
issue
a
written
determination
stating
whether
the
source
or
activity
is
subject
to
a
particular
Federal
air
quality
rule.
In
most
cases,
determining
whether
the
source
or
activity
is
on
an
Indian
reservation
will
be
straightforward
and
non­
controversial.
For
example,
in
most
cases
EPA
and
the
source
will
be
able
to
easily
determine
whether
a
source
is
located
within
the
exterior
boundaries
of
a
reservation,
including
Tribal
trust
lands.
If
a
source
is
located
on
land
within
the
exterior
boundaries
of
an
Indian
reservation
recognized
by
the
Department
of
the
Interior,
that
source
will
be
subject
to
the
FIP
established
for
that
reservation
3
Section
301(
d)(
2)(
B)
of
the
Act,
42
U.
S.
C.
7601(
d)(
2)(
B),
refers
to
management
and
protection
of
resources
within
the
exterior
boundaries
of
the
reservation;
section
110(
o)
of
the
Act,
42
U.
S.
C.
7410(
o),
states:
"
When
such
[
implementation]
plan
becomes
effective
in
accordance
with
the
regulations
promulgated
under
section
7601(
d)
of
this
title,
the
plan
shall
become
applicable
to
all
areas
(
except
as
expressly
provided
otherwise
in
the
plan)
located
within
the
exterior
boundaries
of
the
reservation,
notwithstanding
the
issuance
of
any
patent
and
including
rights­
of­
way
running
through
the
reservation."
4
Since
the
rules
promulgated
today
pursuant
to
Subchapter
III
of
the
Act
apply
only
to
sources
within
the
boundaries
of
the
specified
Indian
reservations,
which
are
clearly
considered
Indian
country
under
18
U.
S.
C.
1151
and
the
CAA,
these
rules
are
consistent
with
the
decision
in
State
of
Michigan
v.
EPA,
268
F.
3d
1075
(
D.
C.
Cir.
2001).

May
28,
2004
Final
Rule
for
OMB
Review
13
notwithstanding
the
ownership
status
of
the
land.
3
EPA
will
not
consider
the
status
of
an
area
to
be
in
question
if
it
is
clearly
within
the
boundaries
of
an
Indian
reservation.
4
In
the
rarer,
more
complex
factual
cases,
EPA
will,
as
appropriate,
work
with
the
U.
S.
Department
of
the
Interior,

Tribes,
and
stakeholders
to
assess
the
reservation
status
of
the
location.
After
EPA
has
reviewed
the
relevant
materials,
the
Agency
will
send
a
letter
to
the
source
stating
EPA's
determination
of
whether
the
source
is
located
within
the
boundaries
of
a
reservation.
Such
sources
or
activities
located
on
Indian
reservations
will
be
expected
to
comply
with
the
applicable
requirements
of
these
FIPs.

EPA's
Approach.
EPA's
intention
is
to
promulgate
Federal
regulations
that
are
an
important
initial
step
to
fill
the
regulatory
gap
on
Indian
reservations
in
Idaho,
Oregon,
and
Washington.
However,
EPA
does
not
intend,
nor
does
it
expect,
these
gap­
filling
regulations
to
impose
significantly
different
regulatory
burdens
upon
industry
or
residents
within
reservations
than
those
imposed
by
the
rules
of
State
and
local
air
agencies
in
the
surrounding
areas.
This
approach
is
intended
to
formally
"
level
the
playing
field."
In
other
words,
the
intent
of
these
rules
is
to
provide
people
living
within
reservation
boundaries
with
air
quality
protection
similar
to
surrounding
areas,
and
to
require
that
emissions
from
sources
located
within
reservations
are
May
28,
2004
Final
Rule
for
OMB
Review
14
controlled
to
levels
similar
to
those
of
sources
located
outside
the
reservations.
EPA
believes
that
in
light
of
the
particular
air
quality
problems
generally
present
on
reservations
in
the
Pacific
Northwest
and
based
on
our
expertise
in
this
area,
it
is
appropriate
to
establish
each
of
the
air
quality
rules
for
each
reservation
that
are
promulgated
today.

These
gap­
filling
rules
are
generally
based
upon
the
aspects
of
State
and
local
rules
most
relevant
to
the
air­
polluting
activities
on
reservations
in
the
Pacific
Northwest,
and
reflect
a
level
of
control
of
a
typical
air
quality
control
program.
As
a
general
matter,
these
regulations
are
not
as
restrictive
as
the
most
stringent
State
and
local
rules
for
the
same
class
of
sources
or
activities;

likewise,
they
are
not
as
lenient
as
the
least
stringent
of
the
State
and
local
rules.
EPA
has
used
its
best
professional
judgment
to
determine
limits
that
provide
protection
where
none
existed
yet
are
similar
enough
to
adjacent
rules
so
as
to
not
create
hardships
for
industry,
Tribes,
or
the
general
public.
In
some
areas
a
particular
rule
is
more
or
less
stringent
than
a
rule
in
areas
directly
adjacent
to
the
reservation,
but
on
the
whole,
we
believe
these
rules
are
roughly
equivalent
to
the
rules
in
surrounding
jurisdictions.

EPA's
final
rules
published
here
address
clearly
identified
air
pollution
concerns
of
the
Pacific
Northwest
Indian
reservations
based
on
information
gathered
in
a
number
of
ways,

including
review
of
State
and
local
air
agency
implementation
plans,
as
discussed
in
the
proposal.

EPA
believes
that
it
is
appropriate
to
focus
initially
on
the
sources
in
Region
10
that
have
been
identified
as
ones
that
may
cause
or
contribute
to
prevalent
air
quality
problems
on
reservations
and
in
shared
airsheds
of
the
Pacific
Northwest.
Aside
from
existing
national
emissions
standards
and
Federal
requirements
described
elsewhere,
these
FIPs
are
the
first
building
blocks
under
the
CAA
to
address
such
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
15
EPA
Authority
for
these
FIPs.
As
described
below,
EPA
disagrees
that
its
authority
under
the
CAA
is
limited
to
regulate
sources
only
as
proven
necessary
to
attain
or
maintain
the
NAAQS
and
also
disagrees
with
the
commenters'
position
that
the
Prevention
of
Significant
Deterioration
(
PSD)
authority
of
section
165
of
the
Act
only
applies
to
new
major
sources.
EPA
believes
it
has
ample
authority
under
the
CAA
to
regulate
air
pollutants
that
may
pose
a
threat
to
human
health
and
the
environment.

While
the
authority
for
EPA
to
establish
these
Federal
rules
for
Indian
reservations
comes
primarily
from
section
301(
d)
of
the
CAA,
the
Agency
will
look
to
all
of
its
CAA
authorities
when
establishing
requirements
that
apply
to
both
criteria
and
non­
criteria
pollutants.
The
primary
guide
for
evaluating
the
scope
of
implementation
plans
is
found
in
section
110
of
the
CAA.

Section
110(
a)(
1)
of
the
CAA
is
the
basis
for
authority
to
establish
implementation
plan
requirements
that
provide
for
the
maintenance
of
a
primary
or
secondary
NAAQS;
however,
the
CAA
also
provides
authority
to
establish
requirements
for
pollutants
where
a
NAAQS
has
not
been
established.
For
example,
the
emergency
power
authority
required
by
section
110(
a)(
2)(
G)

provides
authority
to
establish
requirements
for
pollutants
where
a
pollution
source
or
combination
of
sources
is
presenting
an
imminent
and
substantial
endangerment
to
public
health
or
welfare
or
the
environment,
without
regard
to
whether
a
pollutant
is
regulated
by
a
NAAQS.

Under
the
authority
of
section
110
and
part
C
of
the
CAA,
EPA
is
authorized
to
establish
requirements
for
regulated
air
pollutants
for
which
EPA
has
not
promulgated
standards
under
section
109.
There
are
also
several
other
applicable
authorities
in
part
C
of
the
CAA,
which
addresses
PSD.
Section
160(
1)
of
the
CAA
authorizes
EPA
"
to
protect
public
health
and
welfare
from
any
actual
or
potential
adverse
effect
which
in
the
Administrator's
judgment
may
be
May
28,
2004
Final
Rule
for
OMB
Review
16
reasonably
anticipate[
d]
to
occur
from
air
pollution
or
from
exposures
to
pollutants
in
other
media
.
.
.
notwithstanding
attainment
and
maintenance
of
all
national
ambient
air
quality
standards."

Section
161
of
the
CAA
states
that
each
applicable
implementation
plan
will
contain
"
emission
limitations
and
such
other
measures
as
may
be
necessary
.
.
.
to
prevent
significant
deterioration
of
air
quality"
in
attainment
or
unclassifiable
areas.
Section
110(
a)(
2)(
D)
states
that
each
implementation
plan
should
contain
provisions
prohibiting
"
any
source
or
other
type
of
emissions
activity
within
the
State
from
emitting
any
air
pollutant
in
amounts"
which
will
interfere
with
measures
required
under
a
part
C
implementation
plan
"
to
prevent
significant
deterioration
of
air
quality
or
protect
visibility."
These
provisions
of
the
CAA
authorize
EPA
to
establish
permit
conditions
and
other
requirements
to
regulate
activities
that
emit
pollutants,
even
where
pollutant
levels
in
the
ambient
air
are
below
the
NAAQS
for
criteria
pollutants
in
attainment
or
unclassifiable
areas.
The
FIPs
issued
by
EPA
also
can
rely
on
other
authorities
in
the
CAA
to
regulate
and
obtain
information
about
sources
of
pollutants
other
than
NAAQS
pollutants,
such
as
our
authority
to
require
reporting
and
recordkeeping
under
section
114
of
the
CAA.
EPA
believes
its
authority
to
promulgate
these
rules
under
the
CAA
is
clear
and
consistent
with
its
previous
rules
promulgated
pursuant
to
section
301(
d)
that
were
upheld
by
applicable
courts
of
the
United
States.

The
rules
established
here
neither
affect
a
Tribe's
eligibility
for
TAS
nor
change
EPA's
rules
establishing
the
TAS
process.
EPA
is
promulgating
these
gap­
filling
rules
for
Indian
reservations
in
Idaho,
Oregon,
and
Washington
after
consulting
with
the
affected
Tribes
about
air
quality
issues
they
face.
These
rules,
as
described
elsewhere,
are
intended
to
fill
the
gap
in
current
regulations
until
such
time
as
individual
Tribes
develop
and
implement
approved
TIPs.
May
28,
2004
Final
Rule
for
OMB
Review
17
Implementation
Schedule.
With
regard
to
the
comment
on
implementation
schedules,

EPA
thoroughly
discussed
in
the
final
TAR
rulemaking
(
63
FR
7265)
how
it
is
meeting
the
deadlines
established
in
section
110
of
the
CAA.
EPA
has
interpreted
the
CAA
as
offering
flexibility
to
Tribes
regarding
the
time
needed
to
establish
a
CAA
program,
and
the
CAA
does
not
compel
Tribes
to
establish
a
CAA
program.
Therefore,
EPA
determined
that
it
would
be
infeasible
and
inappropriate
to
subject
Tribes
to
the
mandatory
submittal
deadlines
imposed
by
the
Act
on
States.
However,
the
TAR
includes
a
specific
obligation
at
§
49.11
to
establish
a
FIP
to
protect
air
quality
within
a
reasonable
time
as
necessary
or
appropriate
if
Tribal
efforts
do
not
result
in
adoption
and
approval
of
Tribal
plans
or
programs.
Thus,
EPA
will
continue
to
be
subject
to
the
basic
requirement
to
issue
any
necessary
or
appropriate
FIP
for
affected
Tribal
areas
within
a
reasonable
time.

Section
116
of
the
Act.
EPA
believes
that
Federal
implementation
of
the
Act
does
not
conflict
with
CAA
section
116.
Section
116
does
not
extend
State
jurisdiction
into
Indian
country.
Instead,
section
116
provides
that
the
CAA
does
not
preclude
or
deny
the
right
of
any
State
to
adopt
or
enforce
any
standard
or
limitation
respecting
emissions
of
air
pollutants
or
any
requirement
respecting
control
or
abatement
of
air
pollution.
As
EPA
wrote
in
the
final
rule
establishing
the
Federal
Operating
Permits
Rule
at
40
CFR
part
71
(
64
FR
8247,
8252,
February
19,
1999),
section
116
reserves
to
the
States
the
right
to
set
State
emission
standards
and
limitations
that
are
more
stringent
than
and/
or
in
addition
to
Federal
requirements.
Section
116
does
not
preclude
EPA
from
implementing
CAA
programs.
For
purposes
of
this
rulemaking,

EPA
does
not
believe
it
is
necessary
to
resolve
whether
States
are
precluded
from
regulating
air
resources
in
Indian
country
solely
under
color
of
State
law
or
whether
the
reservation
of
rights
May
28,
2004
Final
Rule
for
OMB
Review
18
embodied
in
section
116
extends
to
any
area
of
Indian
country.

B.
Open
Burning
Rule.
The
proposal
to
regulate
open
burning
drew
many
comments.
The
most
significant
topic
of
concern
was
the
proposed
provision
that
would
allow
the
burning
of
household
wastes
in
burn
barrels.
Commenters
were
concerned
about
the
health
and
fire
safety
risks
posed
by
unregulated
open
burning
of
waste
materials,
especially
for
susceptible
populations
such
as
people
with
asthma,
children,
and
the
elderly.
A
wide
variety
of
commenters
questioned
the
exemption
for
burning
household
wastes
in
burn
barrels,
since
such
use
is
already
prohibited
by
many
State
and
local
air
quality,
waste
disposal,
or
fire
safety
rules
or
requirements.

EPA
Response:
EPA
received
many
comments
with
compelling
information
about
the
threats
to
human
health
that
can
result
from
open
burning,
especially
from
burning
garbage
in
burn
barrels.

In
addition
to
the
numerous
comments
that
objected
to
allowing
the
burning
of
household
wastes
in
burn
barrels,
EPA
has
learned
of
many
efforts
to
stop
backyard
burning,
especially
in
residential
areas.
EPA's
Office
of
Solid
Waste
is
implementing
a
national
program
to
encourage
the
use
of
alternatives
to
open
burning,
and
the
State
of
Washington
is
attempting
to
eliminate
all
outdoor
burning.

Based
on
these
comments
and
new
information,
EPA
is
revising
the
final
open
burning
rule
to
eliminate
the
exemption
for
burning
combustible
household
wastes
in
burn
barrels
at
single­
family
residences
or
residential
buildings
of
four
or
fewer
dwelling
units.
EPA
recognizes
that
the
use
of
burning
to
dispose
of
household
wastes
is
disfavored
by
a
wide
variety
of
government
agencies,
and
many
residents
of
reservations
spoke
out
against
this
practice.

The
proposed
exemption
allowed
the
burning
of
combustible
household
wastes,
including
garbage,
plastic
containers,
paper,
paper
products,
cardboard,
and
other
materials
resulting
from
May
28,
2004
Final
Rule
for
OMB
Review
19
general
residential
activities.
The
only
element
of
the
proposed
exemption
that
EPA
is
retaining
in
the
final
rule
is
to
allow
for
open
burning
on­
site
of
paper,
paper
products,
and
cardboard
that
are
generated
by
single­
family
residences
or
residential
buildings
with
four
or
fewer
dwelling
units.

EPA
proposed
to
allow
the
burning
of
household
wastes
in
burn
barrels
based
on
our
understanding
that
solid
waste
handling
alternatives
were
not
readily
available
to
all
persons
living
on
reservations.
A
reservation
solid
waste
survey
conducted
in
1997
(
Reservation
Solid
Waste
Survey,
The
Northwest
Renewable
Resource
Center,
ed.
John
M.
Kliem)
indicated
that
two­
thirds
of
Tribal
governments
in
Idaho,
Oregon,
and
Washington
do
not
have
solid
waste
management
programs
and
many
reservations
do
not
have
garbage
pickup
service.
Further,
several
Tribes
confirmed
during
consultation
that
alternatives
to
residential
burning
were
not
readily
available
to
all
persons
on
their
reservations.
EPA
heard
from
commenters
however
that
many
reservations
have
access
to
garbage
collection
services;
although,
we
have
insufficient
information
to
conclude
that
solid
waste
handling
alternatives
are
readily
available
on
all
reservations.
Therefore,
while
we
are
eliminating
the
exemption
for
burning
combustible
household
wastes
in
burn
barrels
due
to
the
health
effects
and
other
environmental
and
safety
concerns,
EPA
believes,
on
balance,
that
it
is
not
appropriate
to
completely
prohibit
the
outdoor
burning
of
paper,
paper
products,
and
cardboard
at
this
time.

Under
today's
final
rule
outdoor
burning
cannot
be
used
to
dispose
of
garbage,
plastics,
or
plastic
products,
including
plastic
containers
and
styrofoam.
It
should
be
noted
that
the
removal
of
the
proposed
exemption
for
burning
household
wastes
in
burn
barrels
does
not
mean
that
all
burning
in
burn
barrels
is
prohibited
by
this
rule.
Under
this
rule,
burn
barrels
may
be
used
to
dispose
of
materials
that
are
allowed
to
be
open
burned,
such
as
tree
trimmings,
yard
waste,
and
May
28,
2004
Final
Rule
for
OMB
Review
20
paper
generated
by
a
single­
family
residence.
EPA
emphasizes
that
open
burning
must
also
comply
with
any
fire
safety
codes
or
other
applicable
regulations
that
may
also
govern
outdoor
burning
and
the
use
of
burn
barrels.

EPA
recognizes
that
removing
the
exemption
from
the
final
rule
may
mean
that
some
reservation
residents
who
currently
dispose
of
household
wastes
by
burning
may
not
be
in
compliance
with
the
rule.
As
with
the
other
rules
being
published
today,
EPA's
initial
focus
on
compliance
assurance
work
will
be
in
the
form
of
assistance,
outreach,
and
education
that
will
inform
affected
individuals
and
organizations
of
the
new
rules
and
the
adverse
health
effects
of
burning.
We
intend
to
work
with
Tribal
and
local
governments
to
identify
alternatives
to
open
burning
and
plan
to
use
a
variety
of
tools
to
monitor
and
respond
to
violations
of
the
general
open
burning
rule.
EPA's
approach
for
implementation
of
the
FARR
is
described
in
section
II.
F.

Through
outreach
and
education,
it
is
EPA's
goal
to
eliminate
open
burning
disposal
practices
where
alternative
methods
are
feasible
and
practicable,
to
encourage
the
development
of
alternative
disposal
methods,
to
emphasize
resource
recovery,
and
to
encourage
utilization
of
the
highest
and
best
practicable
burning
methods
to
minimize
emissions
where
other
disposal
practices
are
not
feasible.
EPA
strongly
supports
Tribes,
States,
and
other
entities
in
continuing
efforts
to
reduce
open
burning
in
their
jurisdictions
and
generally
encourages
alternate
methods
for
disposing
of
waste.
EPA
is
working
with
both
Tribes
and
States
to
enhance
the
awareness
of
the
health
concerns
of
open
burning
and
facilitate
the
use
of
alternate
disposal
methods
through
outreach
and
recycling
programs.

EPA
is
still
concerned
about
the
health
effects
of
even
limited
outdoor
burning.

Therefore,
we
intend
to
continue
to
evaluate
our
approach
as
we
gain
experience
implementing
May
28,
2004
Final
Rule
for
OMB
Review
21
the
rules
published
today,
and
consider
whether
outdoor
burning
should
be
further
limited
or
completely
banned
in
the
future.
We
are
interested
in
input
regarding
whether
we
should
consider
additional
separate
rulemaking
to
ban
all
outdoor
burning
on
reservations,
or
only
allow
limited
open
burning
where
garbage
pickup
or
recycling
is
not
reasonably
available.

C.
Economic
Impacts.
In
response
to
EPA's
request
in
the
proposal
for
information
about
the
assumptions
EPA
used
to
estimate
the
economic
impacts
of
the
rules,
a
number
of
commenters
wrote
that
the
proposed
rules
may
have
an
economic
effect
on
the
agricultural
sector
and
could
affect
business
development
on
reservations.
A
number
of
farmers
and
organizations
that
represent
the
farming
community
expressed
concern
that
the
proposed
rules
will
establish
requirements
to
eliminate
field
burning.
The
comments
described
the
value
of
the
agricultural
sector
within
specific
reservations,
and
expressed
concern
that
the
proposed
rules
in
general
would
hinder
the
farmers'
ability
to
use
their
land
to
make
a
living
and
also
diminish
the
value
of
their
land.
Many
of
those
commenters
and
several
local
governments
were
concerned
that
if
the
rules
authorize
Tribal
governments
to
regulate
nonmember
residents
of
a
particular
reservation,

the
jurisdictional
issues
that
arise
from
these
rules
would
have
a
negative
impact
on
businesses
in
the
affected
areas.
The
commenters
were
worried
that
jurisdictional
conflicts
could
inhibit
new
business
and
industry
from
locating
on
property
subject
to
Tribal
air
quality
control
and
drive
businesses
out
of
the
affected
areas.
However,
no
commenters
provided
any
specific
information
about
the
potential
economic
impacts
of
the
proposed
rules.

EPA
Response.
The
commenters
in
the
agricultural
community
who
expressed
concern
that
the
rules
as
proposed
would
cause
economic
disruption
by
eliminating
field
burning
appear
to
have
misunderstood
the
proposal.
EPA
did
not
propose
a
ban
on
agricultural
field
burning,
and
these
May
28,
2004
Final
Rule
for
OMB
Review
22
final
rules
do
not
establish
any
ban
on
field
burning.
The
rule
for
general
open
burning
at
§
49.131
prohibits
certain
materials
from
being
openly
burned,
but
does
not
prohibit
agricultural
burning.
On
the
Nez
Perce
Reservation
and
Umatilla
Indian
Reservation,
in
addition
to
the
general
open
burning
rule,
EPA
is
establishing
a
rule
for
agricultural
burning
permits
at
§
49.133
that
requires
farmers
to
obtain
approval
of
a
permit
from
EPA
before
conducting
an
agricultural
burn.
Currently,
EPA
and
the
Nez
Perce
Tribe
have
established
an
intergovernmental
agreement
with
the
Idaho
State
Department
of
Agriculture
and
the
Idaho
Department
of
Environmental
Quality
that
provides
for
a
coordinated
management
of
agricultural
burning
activities
in
the
Clearwater
Airshed;
if
necessary,
the
agreement
will
be
modified
to
reflect
the
role
of
these
rules.

EPA
expects
to
establish
a
similar
intergovernmental
agreement
with
the
Confederated
Tribes
of
the
Umatilla
Indian
Reservation.
Additionally,
the
requirements
in
the
FIPs
for
agricultural
burning
permits
and
open
burning
are
similar
to
requirements
in
surrounding
jurisdictions.

As
discussed
elsewhere,
a
number
of
commenters
misunderstood
the
proposed
rules
as
providing
authority
to
Tribal
governments
over
nonmembers.
The
commenters'
concerns
that
the
FARR
would
inhibit
new
businesses
and
drive
out
existing
businesses
appear
to
be
based
upon
this
misunderstanding.
The
FIPs
are
Federal
rules
issued
by
EPA
under
the
Federal
CAA,
and
do
not
provide
any
authority
for
Tribes
to
use
Tribal
laws
to
regulate
nonmember
conduct
on
any
reservation
or
for
Tribes
to
enforce
Tribal
law
against
nonmembers
in
Tribal
courts.
Since
these
rules
are
Federal
rules,
we
are
not
expressing
any
opinion
about
the
validity
of
such
concerns
at
this
time.
From
a
Federal
perspective,
EPA
already
regulates
businesses
on
these
Indian
reservations
under
the
CAA
under
existing
Federal
regulatory
programs
such
as
the
PSD,

National
Emission
Standards
for
Hazardous
Air
Pollutants
(
NESHAP),
and
New
Source
May
28,
2004
Final
Rule
for
OMB
Review
23
Performance
Standards
(
NSPS)
programs.
Today's
rules
establish
additional
Federal
requirements
for
industry
and
residents
on
reservations
that
are
similar
to
the
requirements
imposed
by
the
rules
of
State
and
local
air
agencies
in
the
surrounding
areas.
The
rule
authorizing
non­
Title
V
operating
permits
at
§
49.139
offers
a
real
benefit
to
industry
and
businesses
by
providing
a
means
to
obtain
enforceable
limits
on
the
source's
potential
to
emit
for
purposes
of
PSD,
Title
V,
or
section
112
of
the
Act.
Today's
rules
also
provide
greater
certainty
to
businesses
by
clearly
identifying
applicable
CAA
requirements.

In
developing
the
proposed
rulemaking,
EPA
estimated
the
economic
impacts
of
these
requirements
in
an
Economic
Impact
Analysis
(
EIA).
In
the
Federal
Register
notice
for
the
proposal,
EPA
specifically
solicited
comments
on
certain
assumptions
regarding
capital
costs,

operation
and
maintenance
(
O&
M)
costs,
and
the
costs
of
meeting
visible
emission
and
fugitive
emission
requirements,
conducting
source
tests,
and
meeting
the
sulfur
content
in
fuel
limits.

EPA
explained
that,
for
the
purposes
of
generating
cost
estimates
in
the
EIA
for
each
of
the
proposed
rules,
EPA
assumed
that
there
would
be
no
capital
costs
incurred
under
any
of
these
rules.
EPA
stated
that
it
believes
sources
generally
are
complying
with
State
and
local
rules
in
the
absence
of
Federal
rules
because
the
sources
may
have
believed
they
were
subject
to
State
and
local
rules
or
otherwise
chose
to
follow
such
rules.
Furthermore,
based
on
information
obtained
from
Tribal,
State,
and
local
authorities,
as
well
as
businesses
and
other
entities
affected
by
these
rules,
EPA
did
not
anticipate
that
facilities
would
add
control
devices
as
a
result
of
these
rules.
In
the
proposal,
EPA
did
not
estimate
O&
M
costs
to
comply
with
these
rules
because
insufficient
data
were
available
to
estimate
them.
EPA
has
again
evaluated
the
potential
economic
impacts
of
these
rules,
after
considering
comments
on
the
proposed
rules.
No
specific
information
was
May
28,
2004
Final
Rule
for
OMB
Review
24
submitted
about
the
EIA
assumptions
in
comments
on
the
proposed
rulemaking
to
indicate
that
the
EIA
prepared
by
EPA
for
the
rules
is
incorrect.
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,
and
incremental
O&
M
costs
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.

D.
Delegation
of
Authority
to
Tribes.
A
number
of
commenters
were
concerned
that
the
proposed
rules
would
delegate
authority
to
Tribal
governments
to
regulate
the
activities
of
non­

Tribal
members
on
privately
owned
land
within
the
reservation.
The
commenters
believed
that
such
rules
would
be
unconstitutional,
stating
that
non­
Tribal
citizens
have
no
voice
or
representation
in
Tribal
government
and
are
not
able
to
vote
in
Tribal
elections.

Several
commenters
had
questions
about
how
the
delegation
process
is
different
than
the
process
for
a
Tribe
to
be
approved
for
TAS.
Several
Tribes
reminded
EPA
that
the
CAA
was
enacted
with
the
expectation
that
Tribal
governments
would
be
managing
air
quality
on
reservations.
The
commenters
asked
EPA
to
ensure
that
these
rules
and
the
delegation
provisions
do
not
diminish
the
rights
or
ability
of
Tribes
to
establish
requirements
under
Tribal
law.

In
its
comments
on
the
proposed
delegation
provision
at
§
49.122,
a
State
environmental
agency
stated
that
it
supported
delegation
of
provisions
of
the
FARR
to
Tribes,
but
requested
that
the
State,
affected
stakeholders,
and
local
communities
be
given
an
opportunity
to
participate
in
May
28,
2004
Final
Rule
for
OMB
Review
25
the
development
of
delegation
agreements
by
at
least
being
offered
the
opportunity
to
comment.

Another
local
government
also
requested
an
opportunity
to
comment
on
proposed
delegation
agreements.
The
State
also
requested
that,
prior
to
delegation,
EPA
require
the
Tribe
to
demonstrate
that
it
has
sufficient
resources
to
ensure
that
the
terms
and
conditions
of
the
agreement
can
be
met.
The
State
also
asked
EPA
to
explain
the
specific
Federal
functions
that
would
be
subject
to
delegation
under
the
proposed
regulation.

EPA
Response:
The
rule
EPA
is
finalizing
at
§
49.122
authorizes
a
partial
delegation
of
administrative
authority
to
a
Tribal
government
for
the
purpose
of
assisting
EPA
in
administering
one
or
more
of
the
Federal
rules
that
have
been
promulgated
for
a
Tribe's
reservation.
While
a
Tribe
may
be
delegated
administrative
authority
for
one
or
more
of
the
Federal
rules,
EPA
will
maintain
sole
authority
to
enforce
the
FARR.
Since
this
would
be
a
delegated
Federal
program,

any
Federal
requirement
administered
by
a
delegated
Tribe
is
subject
to
EPA
enforcement
and
EPA
appeal
procedures,
not
the
Tribe's,
under
Federal
law.
The
delegation
provision
allows
EPA
to
delegate
distinct
roles
for
assisting
EPA
and
severable
Federal
regulations
to
qualified
Tribes
for
implementation
and
administration,
without
requiring
a
Tribe
to
take
on
all
aspects
of
the
FARR.
This
provision
provides
EPA
additional
flexibility
for
implementing
these
rules
where
EPA
believes
delegation
is
appropriate.
Nothing
in
these
rules
requires
EPA
to
delegate
administrative
authorities
to
Tribes.
The
partial
delegation
would
authorize
a
Tribal
government
to
administer
specific
functions
of
the
FARR
rules,
with
Tribal
government
employees
acting
as
authorized
representatives
of
EPA.
EPA
and
the
delegated
Tribe
would,
as
appropriate,
establish
mechanisms
to
fund
the
work
by
Tribal
staff,
that
may
include
Federal
funding
assistance
through
cooperative
agreements
and
grants
and/
or
user
fees
and
charges
established
by
the
Tribe
to
fund
May
28,
2004
Final
Rule
for
OMB
Review
26
its
administrative
activities
on
behalf
of
EPA.
The
Tribe
would
be
authorized
to
administer
one
or
more
of
the
rules,
with
the
oversight
of
EPA
staff.
Any
challenges
to
an
action
will
be
handled
directly
by
EPA,
and
any
formal
appeals
or
enforcement
actions
will
proceed
under
EPA's
administrative
and
civil
judicial
procedures.

As
EPA
stated
in
the
proposed
rulemaking,
the
administrative
delegation
from
EPA
to
a
Tribe
to
implement
a
specific
Federal
air
rule
is
to
be
distinguished
from
EPA's
interpretation
that
the
CAA
is
a
delegation
of
Federal
authority
from
Congress
to
Tribes.
It
is
EPA's
position
that
the
CAA
TAS
provision
constitutes
a
statutory
delegation
of
authority
to
eligible
Tribes
over
their
reservations.
Under
the
CAA,
Tribes
may
develop
air
programs
covering
their
reservations
and
non­
reservation
areas
within
their
jurisdiction
for
submission
to
EPA
for
approval
in
the
same
manner
as
States.
63
FR
7254­
7259;
59
FR
43958­
43960.
The
U.
S.
Court
of
Appeals
for
the
District
of
Columbia
Circuit
upheld
the
TAR
in
Arizona
Public
Service
Co.
v.
EPA,
211
F.
3d
1280
(
D.
C.
Cir.
2000),
cert.
denied
121
S.
Ct.
1600
(
2001).
The
TAR
established
how
EPA
can
approve
Tribal
eligibility
applications
for
a
Tribe
to
operate
a
CAA
program
under
Tribal
law
using
a
modular
approach.
EPA
expects
that
many
Tribes
will
develop
their
own
air
quality
programs.
However,
Tribes
are
not
required
to
adopt
and
implement
all
CAA
programs
at
once.

The
approach
being
used
in
these
final
regulations
offers
Tribes
an
alternative
to
TAS.

The
approach
will
allow
Tribes
that
are
building
air
quality
programs
to
gain
experience
by
assisting
EPA
with
implementation
of
the
Federal
rules
before
they
decide
to
adopt
their
own
Tribal
rules.
EPA
recognizes
that
a
Tribe
may
choose
not
to
develop
a
Tribal
air
program
under
Tribal
law
for
approval
under
the
TAR,
but
may
still
want
to
assist
EPA
in
implementing
the
Federal
air
quality
requirements
for
its
reservation
and
to
build
its
capacity
in
managing
an
air
May
28,
2004
Final
Rule
for
OMB
Review
27
quality
program.
However,
EPA
stresses
that
establishing
a
delegation
agreement
to
assist
EPA
in
implementing
the
FARR
on
a
reservation
will
not
affect
a
Tribe's
eligibility
for
TAS.
EPA
anticipates
that
the
capability
and
experience
gained
through
assisting
EPA
will
help
Tribes
decide
whether
to
establish
their
own
CAA
programs
to
either
supplement
or
substitute
for
the
Federal
rules
for
that
particular
reservation.

EPA
recognizes
that
a
number
of
the
commenters
believe
it
is
unconstitutional
for
a
Federal
law
to
subject
nonmembers
to
the
laws
of
an
Indian
Tribe.
As
noted
above,
however,

these
commenters
have
misunderstood
these
rules
because
the
FARR
consists
of
Federal
requirements,
to
be
enforced
by
the
Federal
government.
Still,
it
is
important
to
note
that
the
commenters'
concerns
have
been
addressed
by
the
courts
including,
as
noted
above,
in
relation
to
EPA's
interpretation
of
the
CAA
TAS
provision
as
a
Congressional
delegation
of
authority
to
Tribes
over
their
reservations
which
was
upheld
by
the
U.
S.
Court
of
Appeals
for
the
D.
C.

Circuit.

EPA
stresses
that
a
delegation
agreement
is
not
the
only
mechanism
by
which
a
Tribe
can
assist
EPA
in
implementing
one
or
more
of
the
rules.
EPA
may
choose
to
make
arrangements
with
Indian
Tribes
under
a
variety
of
Federal
assistance
authorities,
such
as
grants,
cooperative
agreements,
or
contracts,
where
the
work
to
be
accomplished
would
be
specified
in
the
financial
assistance
documents.

The
final
rule
at
§
49.122
retains
the
same
provision
as
proposed
by
EPA
to
delegate
to
a
Tribe
the
authority
to
help
EPA
implement
the
FARR
on
the
Tribe's
reservation.
EPA
is,

however,
making
several
revisions
to
the
rules
in
response
to
comments.
For
example,
the
title
of
the
rule
is
changed
to
read
"
Partial
Delegation
of
Administrative
Authority."
This
revised
title
is
May
28,
2004
Final
Rule
for
OMB
Review
28
designed
to
clarify
that
the
rule
authorizes
EPA
to
delegate
only
the
authority
to
administer,
but
not
enforce,
the
rules.
The
final
rule
at
§
49.122(
a)
explicitly
states
that
the
rules
covered
by
a
delegation
agreement
would
be
enforced
by
EPA,
as
appropriate.

In
response
to
requests
for
an
opportunity
to
participate
in
the
development
of
these
partial
delegation
agreements,
this
rule
includes
a
new
subsection,
§
49.122(
d)(
1),
that
provides
for
stakeholder
involvement
prior
to
completing
a
partial
delegation
agreement.
This
new
subsection
of
the
rule
provides
that
prior
to
completing
a
partial
delegation
agreement
under
the
rule,
EPA
will
consult
with
appropriate
governmental
entities
outside
of
the
specified
reservation,

and
with
city
and
county
governments
located
within
the
boundaries
of
the
specified
reservation.

EPA
has
defined
appropriate
governmental
entities
as
States,
Tribes,
and
other
Federal
entities
located
contiguous
to
the
Tribe
applying
for
eligibility.
See
generally,
56
FR
64876,
64884
(
December
12,
1991)
and
63
FR
7267
(
February
12,
1998).
EPA
does
not
believe
that
it
is
necessary
or
appropriate
to
require
additional
public
participation
procedures
for
establishing
a
partial
delegation
agreement
between
EPA
and
a
Tribe
because
it
will
be
limited
to
describing
how
a
Tribe
will
assist
EPA
by
administering
one
or
more
of
the
rules.
EPA
will
however,

publish
a
notice
in
the
Federal
Register
informing
the
public
of
any
partial
delegation
agreement
for
a
particular
Indian
reservation
and
will
indicate
such
delegation
in
the
implementation
plan
for
the
Indian
reservation.
EPA
will
also
publish
an
announcement
of
the
partial
delegation
agreement
in
local
newspapers.

EPA
agrees
that
it
will
delegate
authority
to
help
administer
these
rules
only
to
Tribes
capable
of
doing
the
work
properly.
The
final
rule
is
modified
to
expressly
require
a
Tribe
to
demonstrate
both
the
technical
capability
and
adequate
resources
to
administer
the
rule
under
a
May
28,
2004
Final
Rule
for
OMB
Review
29
partial
delegation
agreement.
The
FARR
at
§
49.122(
b)
describes
the
criteria
a
Tribe
must
meet
when
applying
for
a
partial
delegation,
including
that
the
Tribe
has
(
or
is
acquiring)
the
technical
capability
and
resources
to
carry
out
the
aspects
of
the
rules
and
provisions
for
which
delegation
is
requested.
As
already
noted,
EPA
has
no
obligation
to
delegate
administrative
authorities
to
Tribes,
and
we
will
do
so
only
where
the
Tribe
has
demonstrated
that
the
work
will
be
carried
out
properly.
EPA
also
expects
the
partial
delegation
agreements
will
include
provisions
to
regularly
review
performance
by
the
Tribe
and
identify
implementation
issues
that
could
be
addressed
by
modifying
the
delegation
agreement.

Consistent
with
the
proposal,
this
final
rule
does
not
list
the
rules
or
Federal
functions
that
may
be
delegated.
For
some
portions
of
the
FARR,
EPA
expects
to
initially
retain
responsibility
for
implementation
so
that
we
can
gain
experience
with
the
process
for
implementation
and
become
familiar
with
the
regulated
community.
For
example,
EPA
wants
to
gain
experience
with
implementing
the
rule
for
non­
Title
V
operating
permits
at
§
49.139
by
using
Federal
administrative
procedures.
A
number
of
rules
are
not
subject
to
delegation
because
they
are
selfimplementing
standards
that
are
to
be
met
by
the
regulated
community,
such
as
the
rules
at
§
49.124
(
Rule
for
limiting
visible
emissions),
§
49.125
(
Rule
for
limiting
the
emissions
of
particulate
matter),
§
49.126
(
Rule
for
limiting
fugitive
particulate
matter
emissions),
§
49.127
(
Rule
for
woodwaste
burners),
§
49.128
(
Rule
for
limiting
particulate
matter
emissions
from
wood
products
industry
sources),
and
§
49.129
(
Rule
for
limiting
emissions
of
sulfur
dioxide).

On
the
Nez
Perce
Reservation,
where
we
have
been
working
closely
with
the
Tribe,
and
the
Umatilla
Indian
Reservation,
where
EPA
is
promulgating
burning
permit
programs
for
both
reservations,
EPA
expects
to
establish
delegation
agreements
with
the
Tribes
to
provide
local
May
28,
2004
Final
Rule
for
OMB
Review
30
handling
of
permitting
and
implementation
needs.

Tribal
governments
will
be
able
to
provide
a
variety
of
expertise
to
assist
EPA
in
implementing
these
rules.
For
example,
EPA
anticipates
arrangements
for
administering
the
open
burning
rule
may
include
coordination
with
local
fire
marshals
and
fire
safety
officials.
The
specific
provisions
of
each
delegation
agreement
will
be
tailored,
as
appropriate,
in
light
of
each
Tribal
government's
operations,
the
location
of
the
reservation,
or
other
relevant
factors.

E.
Public
Participation
in
the
Rulemaking.
When
the
proposed
rules
were
published
on
March
15,
2002,
EPA
provided
a
90­
day
public
comment
period
ending
on
June
13,
2002.

Before
the
close
of
the
comment
period,
some
local
governments
and
several
individuals
requested
more
time
to
comment
on
the
proposed
rules,
writing
that
more
time
was
needed
to
provide
all
affected
parties
an
opportunity
to
comment
and
to
allow
thorough
review
of
the
proposed
rules
by
elected
officials.
In
response
to
the
requests
for
additional
time
to
comment
on
the
proposal,
EPA
reopened
the
comment
period
from
August
9,
2002
until
October
10,
2002
and
held
a
public
hearing
in
Toppenish,
Washington,
on
the
Yakama
Reservation,
on
September
10,

2002.
The
hearing
was
advertised
in
various
newspapers
in
Washington,
Oregon,
and
Idaho.

EPA
offered
an
afternoon
information
session
for
questions
and
answers
before
the
evening
hearing
in
Toppenish.
Approximately
90
people
attended
the
information
session
and
hearing,

and
28
people
testified
at
the
hearing.
A
copy
of
the
transcript
from
the
public
hearing
is
in
the
docket.

During
the
second
comment
period,
EPA
received
a
number
of
additional
comments
requesting
more
time
for
public
participation.
A
number
of
commenters
criticized
EPA
for
May
28,
2004
Final
Rule
for
OMB
Review
31
consulting
with
Tribal
governments
for
a
number
of
years
during
the
development
of
the
proposed
rules,
and
stated
that
EPA
had
not
provided
adequate
time
for
local
governments
to
participate.

A
number
of
other
commenters
wrote
that
EPA
had
offered
enough
time
for
interested
parties
to
comment.

Several
comments
criticized
EPA,
asserting
that
EPA
failed
to
follow
the
EPA
Public
Involvement
Policy
(
46
FR
5736,
January
19,
1981
and
68
FR
33946,
June
6,
2003)
for
early
consultation
and
involvement
prior
to
publishing
the
proposed
rules.
Commenters
also
stated
that
EPA
failed
to
comply
with
Executive
Order
13132
on
Federalism,
asserting
that
EPA
did
not
meet
its
requirements
for
early
consultation
with
State
and
local
officials
during
rule
development.

Several
commenters
stated
that
EPA
had
not
completed
an
environmental
assessment
of
the
rules,

which
the
commenters
believed
was
subject
to
the
National
Environmental
Policy
Act
(
NEPA).

EPA
Response:
EPA
believes
it
provided
adequate
time
and
opportunity
for
the
public,
as
well
as
State
and
local
agencies,
to
fully
participate
in
the
rulemaking.
EPA
invited
review
of
the
proposed
rules
from
State
and
local
air
agencies
well
in
advance
of
starting
the
public
comment
period
in
March
2002,
reopened
the
original
90­
day
comment
period
at
the
request
of
commenters,
and
held
a
public
hearing
one
month
before
the
public
comment
period
ended.

When
determining
how
much
time
to
offer
for
public
comment,
EPA
also
considered
that
State
and
local
air
agencies
had
opportunities
to
review
and
comment
on
the
proposal
well
in
advance
of
the
public
comment
period.
As
noted
in
the
proposal,
EPA
provided
advance
draft
copies
of
the
proposed
rules
to
State
and
local
air
agencies
in
Idaho,
Oregon,
and
Washington.

Specifically,
EPA
provided
a
draft
of
the
proposal
to
State
and
local
air
agencies
in
July
2001
and
solicited
input.
Generally,
the
States
and
local
air
agencies
were
pleased
that
EPA
was
May
28,
2004
Final
Rule
for
OMB
Review
32
developing
rules
for
Indian
reservations
and
provided
useful
feedback
on
the
draft.

EPA
disagrees
with
the
commenters
who
think
that
EPA
should
not
have
worked
so
closely
with
Tribal
governments.
The
Agency
believes
it
has
proceeded
with
this
rulemaking
consistent
with
all
Agency
policies
and
Presidential
directives.
The
approach
EPA
followed
to
consult
with
affected
Tribes
in
Region
10
in
the
development
of
these
rules
is
consistent
with
EPA's
National
Indian
Policy,
Executive
Order
13175
"
Consultation
and
Coordination
with
Indian
Tribal
Governments,"
65
FR
67249
(
November
6,
2000),
and
other
Federal
policies
on
Tribal
consultation
that
require
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.

Moreover,
as
discussed
above,
EPA
also
provided
State
and
local
air
agencies
an
opportunity
to
review
and
comment
on
a
complete
draft.
When
we
issued
the
proposed
rules,

EPA
published
many
notices
of
the
public
comment
opportunity
and
offered
to
hold
a
public
hearing
if
requested.
When
we
decided
to
reopen
the
comment
period,
we
gave
widespread
notice
of
the
additional
time
and
of
the
scheduled
public
hearing.
The
fact
that
many
citizens
and
Tribal,
State,
and
local
governments
were
aware
of
the
proposal,
submitted
written
comments,

and
attended
the
public
hearing
demonstrates
the
effectiveness
of
the
notice
provided.
The
public
participation
process
EPA
used
here
is
consistent
with
EPA's
Public
Involvement
Policy,
that
by
its
terms
is
designed
merely
to
guide
the
Agency's
efforts.
EPA
also
has
fully
complied
with
all
Executive
Orders
applicable
to
this
rulemaking.
In
the
proposal,
EPA
specifically
evaluated
Executive
Order
13132,
Federalism,
concluding
that
it
did
not
apply
to
the
proposed
rules
because
they
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
May
28,
2004
Final
Rule
for
OMB
Review
33
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.
These
rules
only
prescribe
regulations
for
facilities
in
areas
where
a
State
does
not
administer
an
approved
CAA
program,
and
thus
do
not
have
any
direct
effect
on
any
State.
Moreover,
it
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
CAA.
Thus,
Executive
Order
13132
does
not
apply
to
this
rulemaking.
In
summary,
EPA
believes
that
we
have
met
all
requirements
for
public
participation
applicable
to
this
rulemaking.

With
regard
to
NEPA,
Congress
passed
the
Energy
Supply
and
Environmental
Coordination
Act
in
1974,
which
exempts
all
actions
under
the
CAA
from
NEPA.

F.
Implementation
of
the
Rules.
Commenters
from
Tribes,
States,
and
local
air
agencies
generally
supported
the
FARR
and
encouraged
EPA
to
finalize
the
rules.
A
number
of
commenters
asked
how
EPA
is
planning
to
implement
the
FARR
on
the
39
Indian
reservations,

and
requested
more
information
about
the
resource
needs,
timeframe,
and
scope
of
Federal
implementation
of
the
rules,
and
how
Tribes
will
be
involved
in
the
implementation.
Commenters
with
concerns
about
enforcement
of
the
rules
asked
how
EPA
is
going
to
ensure
compliance.

Other
commenters
had
specific
suggestions
for
revising
the
proposed
rules
so
as
to
minimize
the
burden
on
the
regulated
businesses.

EPA
Response:
EPA
has
developed
an
Implementation
Framework
as
a
first
step
toward
describing
our
overall
approach
to
FARR
implementation.
The
Implementation
Framework,

which
is
a
working
draft
subject
to
further
changes
and
refinement,
is
intended
to
give
a
general
sense
of
EPA's
approach
to
the
implementation
of
each
section
of
the
FARR;
how
EPA
intends
to
align
resources
with
implementation
needs;
and
the
ways
in
which
EPA
will
involve
Tribes
in
May
28,
2004
Final
Rule
for
OMB
Review
34
FARR
implementation.
This
document,
"
Framework
for
Implementation
of
the
FARR"
is
available
in
the
docket.

The
level
of
effort
needed
for
EPA's
implementation
planning
and
response
will
vary
among
different
parts
of
the
FARR.
EPA
has
experience
in
the
areas
of
permitting,
compliance
monitoring,
complaint
response,
and
enforcement
in
Indian
country,
so
refining
these
programs
to
include
full
implementation
of
the
FARR
should
be
relatively
straightforward.
For
elements
such
as
a
source
registration
system,
a
burn
permit
program,
or
monitoring
air
pollution
episodes,

much
more
work
will
be
needed
to
develop
the
programs
and
integrate
them
into
EPA's
ongoing
work.
As
EPA
develops
experience
in
implementing
these
rules,
we
expect
that
such
experience
will
lead
to
refinements
in
our
implementation
approach
and,
possibly,
to
proposals
for
rule
changes.

1.
Compliance
Dates
The
effective
date
of
the
final
rules
is
[
INSERT
DATE
60
DAYS
AFTER
PUBLICATION
IN
THE
FEDERAL
REGISTER].
Air
pollution
sources
within
the
exterior
boundaries
of
an
Indian
reservation
in
Idaho,
Oregon,
or
Washington,
as
set
forth
in
40
CFR
part
49,
subpart
M,
will
be
required
to
comply
with
the
requirements
in
the
final
rules
beginning
on
the
effective
date.
A
few
of
the
rules
require
sources
to
take
specific
actions
by
certain
dates,
and
these
"
implementation
dates"
are
also
clearly
identified
in
the
final
rules.
For
example,
the
registration
rule
at
§
49.138
requires
existing
sources
(
except
for
those
exempted)
to
submit
an
initial
registration
by
February
15,
2007;
the
burn
permit
rules
at
§
49.132,
§
49.133,
and
§
49.134
require
people
who
want
to
burn
on
the
Nez
Perce
Reservation
to
apply
for
a
permit
beginning
on
March
1,
2005;
and
the
burn
permit
rules
at
§
49.132,
§
49.133,
and
§
49.134
May
28,
2004
Final
Rule
for
OMB
Review
35
require
those
who
want
to
burn
on
the
Umatilla
Indian
Reservation
to
apply
for
a
permit
beginning
on
January
1,
2007.

2.
Resources
As
noted
above,
a
number
of
commenters
urged
EPA
to
provide
sufficient
resources
for
implementation
activities,
such
as
responding
to
complaints
and
taking
enforcement
actions
where
there
are
violations
of
the
rules.
Tribes
also
encouraged
EPA
to
continue
to
support
capacitybuilding
by
Tribes
for
Tribal
air
programs
and
to
provide
adequate
resources
so
the
Tribes
can
assist
EPA
in
administering
the
rules.

As
we
stated
when
proposing
these
rules,
EPA
is
issuing
only
those
regulations
that
it
believes
it
has
the
resources
to
implement
and
enforce.
Over
the
near
term,
EPA
does
not
anticipate
adding
significant
new
resources,
either
for
EPA
or
for
the
Tribes,
to
implement
the
FARR,
although
EPA
expects
to
shift
some
existing
resources
to
respond
to
the
FARR
workload.

Since
EPA
is
committed
to
continue
funding
Tribes
to
build
their
capacity
for
air
quality
matters,

EPA
Region
10
will
seek
additional
national
and
regional
resources
as
needed
or
appropriate
to
support
Tribes
and
to
further
this
innovative
regional
initiative.

To
the
extent
practicable,
these
regulations
minimize
the
implementation
burdens
upon
EPA
and
the
regulated
community
while
establishing
requirements
that
are
unambiguous
and
enforceable.
EPA
is
making
a
number
of
changes
to
the
final
rules
to
this
end,
such
as
phasing
in
the
implementation
of
the
open
burning
rule
at
§
49.131
and
the
burn
permits
programs
at
§
§
49.132
­
49.134,
and
exempting
de
minimis
sources
from
the
registration
rule
at
§
49.138.
For
a
more
detailed
discussion
of
these
rule
changes,
see
section
III
of
this
document.
The
"
phasing
in"

of
requirements
for
different
elements
of
the
FARR
will
help
EPA
spread
out
the
implementation
May
28,
2004
Final
Rule
for
OMB
Review
36
work
and
prioritize
our
resources
for
implementation.

EPA
is
phasing
in
the
open
burning
rule
at
§
49.131
by
focusing
on
outreach
and
education
in
the
initial
stages
of
implementation,
as
discussed
further
below.
EPA
is
also
using
a
phased
approach
to
establish
burn
permit
programs
for
agricultural
burning,
forestry
burning,
and
open
burning
on
the
Nez
Perce
Reservation
and
the
Umatilla
Indian
Reservation.
EPA
is
first
starting
the
burning
permit
programs
on
the
Nez
Perce
Reservation,
where
EPA
and
the
Tribe
have
been
operating
under
an
intergovernmental
agreement
with
the
Idaho
Department
of
Environmental
Quality
and
the
Idaho
State
Department
of
Agriculture
to
manage
agricultural
field
burning
in
the
Clearwater
Airshed.
For
the
Nez
Perce
Reservation,
anyone
who
wants
to
conduct
agricultural,
forestry,
or
open
burning
after
March
1,
2005
must
apply
for
and
obtain
a
permit.

For
the
Umatilla
Indian
Reservation,
anyone
who
wants
to
conduct
agricultural,
forestry,
or
open
burning
after
January
1,
2007
must
apply
for
and
obtain
a
permit.
These
dates
will
provide
time
for
EPA
and
the
Tribes
to
develop
burning
permit
programs.

EPA
also
is
limiting
the
burden
on
regulated
sources
and
itself
is
by
exempting
sources
with
relatively
insignificant
emissions
from
registration
and
emissions
reporting
requirements
under
the
registration
rule
at
§
49.138.
Examples
of
exempted
sources
include
air
pollution
sources
that
do
not
have
the
potential
to
emit
more
than
two
tons
per
year
of
any
air
pollutant,

single
family
residences,
small
boilers
and
heaters
used
for
space
heating,
and
open
burning.
EPA
believes
that
an
accurate
inventory
of
sources
and
emissions
can
be
assembled
for
purposes
of
air
quality
management
without
requiring
sources
with
small
or
de
minimis
emission
levels
to
register.

3.
Outreach
and
Education
May
28,
2004
Final
Rule
for
OMB
Review
37
One
of
the
most
important
aspects
of
implementation
of
the
FARR
will
be
outreach
to
affected
communities.
EPA
is
developing
a
comprehensive
outreach
strategy
that
includes
plans
to
adequately
educate
people
and
sources
affected
by
the
FARR.
EPA
will
provide
appropriate
information
to
each
sector
(
e.
g.,
citizens,
Tribal
governments
and
air
quality
staff,
and
source
owners
and
operators)
so
that
they
understand
what
the
rules
require
of
them.
The
outreach
strategy
will
also
address
timing
for
delivery
of
outreach
and
the
resources
available
to
provide
adequate
outreach.
EPA
intends
to
involve
stakeholders
in
the
development
of
outreach
plans
so
the
materials
created
will
be
effective
and
culturally­
sensitive
for
both
Tribal
members
and
non­

Tribal
members
living
on
the
reservations.

EPA
expects
that
the
air
pollution
episode
rule
at
§
49.137
(
see
below)
and
the
open
burning
rule
at
§
49.131
will
require
the
most
outreach
resources.
Through
outreach
and
education,
it
is
EPA's
goal
to
eliminate
open
burning
disposal
practices
where
alternative
methods
are
feasible
and
practicable,
to
encourage
the
development
of
alternative
disposal
methods,
to
emphasize
resource
recovery,
and
to
encourage
utilization
of
the
highest
and
best
practicable
burning
methods
to
minimize
emissions
where
other
disposal
practices
are
not
feasible.
In
addition
to
communicating
the
threats
to
human
health
that
can
result
from
improper
use
of
burn
barrels
and
residential
waste
burning
in
general,
we
will
communicate
the
requirements
of
the
rule,

including
what
can
and
cannot
be
burned.

Implementation
of
the
open
burning
rule
as
it
relates
to
residential
activities
will
pose
unique
challenges
in
assuring
compliance.
EPA
recognizes
that
removing
the
exemption
for
burning
combustible
household
wastes
in
burn
barrels
from
the
final
rule
may
mean
that
some
reservation
residents
who
dispose
of
household
wastes
by
burning
may
not
be
in
compliance
with
May
28,
2004
Final
Rule
for
OMB
Review
38
the
rule.
EPA
anticipates
the
need
to
work
with
Tribes
to
design
and
implement
effective
outreach
and
education,
design
and
implement
complaint
tracking
and
response
programs,
and
work
cooperatively
with
solid
waste
programs
to
address
alternatives
to
burning.

As
with
the
other
rules
being
published
today,
EPA's
initial
focus
on
compliance
assurance
work
will
be
in
the
form
of
outreach
efforts
to
inform
affected
individuals
and
organizations
of
the
new
rules.
We
intend
to
work
with
Tribal
governments
and
other
stakeholders,
such
as
local
governments,
to
identify
alternatives
to
open
burning,
and
expect
to
use
a
variety
of
tools
to
monitor
and
respond
to
violations
of
the
general
open
burning
rule.
EPA
will
prioritize
which
reservations
receive
the
outreach
and
education
resources
first
based
on
many
factors,
including
the
severity
of
the
problem
to
be
addressed
and
overall
outreach
prioritization.
EPA
will
also
give
priority
to
the
reservations
where
the
Tribes
are
interested
and
able
to
assist
with
implementation
of
this
rule.

EPA
also
plans
to
provide
an
information
point
of
contact,
such
as
a
toll­
free
telephone
number,
to
answer
questions,
provide
forms,
and
provide
other
FARR­
related
information.
EPA
will
also
have
information
available
on
the
EPA
Region
10
website
at
http://
www.
epa.
gov/
r10earth/
FARR.
htm.

4.
Compliance
Assurance
EPA
anticipates
its
compliance
assurance
and
enforcement
policies
will
be
similar
to
response
policies
currently
used
by
State
and
local
air
agencies
in
Region
10
for
similar
types
of
violations,
but
with
the
additional
use
of
the
Region
10
Enforcement
Procedures
in
Indian
Country
(
available
in
the
final
rule
docket).
May
28,
2004
Final
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for
OMB
Review
39
EPA
defines
"
compliance
assurance"
broadly
to
include
compliance
assistance,
compliance
incentives,
compliance
monitoring,
and
enforcement
response.
The
FARR
compliance
assurance
program
will
include
all
four
elements.
Compliance
assistance
is
closely
linked
to
the
overall
outreach
effort
so
that
the
regulated
community
understands
the
new
rules
and
what
they
must
do
to
comply.
Compliance
monitoring
includes
a
wide
range
of
activities
to
evaluate
and
determine
compliance
such
as
on­
site
inspections
and
review
of
records,
monitoring
results,
and
other
information
about,
or
from,
regulated
sources.
Compliance
incentives
will
be
guided
by
EPA's
Audit
Policy
and
Small
Business
Policy.
Enforcement
response
to
violations
generally
takes
a
variety
of
forms
depending
on
the
nature
of
the
compliance
issue
and
the
relative
priority
for
EPA
response.

As
a
general
approach,
EPA
will
focus
initially
on
compliance
monitoring
and
enforcement
for
regulated
industrial
sources.
Priority
will
be
given
to
facilities
that
meet
the
definition
of
"
major
facility"
or
that
are
non­
major
stationary
sources
of
interest
to
EPA
due
to
their
pollution
potential.

To
implement
the
compliance
assurance
program,
we
will
use
EPA
staff
and,
where
available,
staff
of
the
Tribal
government
for
that
reservation.
EPA
may
also
use
other
resources,

such
as
a
"
circuit
rider"
to
assist
EPA
in
the
field
by
making
regular
visits
to
conduct
specific
oversight
or
provide
technical
assistance
to
Tribes.
Although
such
arrangements
to
assist
EPA
may
be
in
the
form
of
contracts,
EPA
also
will
look
for
opportunities
to
promote
Tribal
participation
through
formal
agreements
such
as
partial
delegations
or
Direct
Implementation
Tribal
Cooperative
Agreements
(
DITCAs),
and
through
work­
sharing
and
collaboration
where
May
28,
2004
Final
Rule
for
OMB
Review
40
there
is
no
formal
delegation
(
e.
g.,
EPA
may
request
that
a
Tribe
conduct
fact
finding
in
response
to
complaints
or
make
opacity
readings)
as
discussed
below.

5.
Partial
Delegation
Agreements
EPA
anticipates
that
it
will
establish
delegation
agreements
with
Tribes
in
order
to
best
use
limited
resources
for
implementing
the
FARR
on
39
Indian
reservations.
The
FARR
authorizes
a
partial
delegation
of
administrative
authority
to
a
Tribal
government
for
the
purpose
of
assisting
EPA
in
administering
one
or
more
of
the
Federal
rules.
Under
§
49.122,
EPA
may
delegate
distinct
and
severable
Federal
regulations
to
a
qualified
Tribe
for
administration,
without
requiring
a
Tribe
to
assume
all
aspects
of
the
FARR.
While
a
Tribe
may
be
delegated
administrative
authority
for
the
Federal
rules,
EPA
will
maintain
sole
authority
to
enforce
the
FARR.

EPA
is
developing
standard
procedures
for
negotiating
delegation
agreements.

Procedures
will
cover
eligibility
criteria,
timing
and
mechanisms
for
delegation,
requirements
for
documentation
of
eligibility,
opportunities
for
input
on
the
delegation
agreement,
and
monitoring
of
performance
under
the
agreement.

Although
the
partial
delegation
rule
provides
a
process
for
EPA
to
formally
delegate
administration
of
one
or
more
of
the
FARR
requirements
to
a
Tribe,
Tribes
can
provide
substantial
assistance
to
EPA
without
a
delegation
agreement.
For
example,
pursuant
to
a
grant
under
section
103
of
the
CAA,
Tribal
air
staff
could
distribute
information
packets
to
regulated
sources,
coordinate
Tribal
air
and
solid
waste
alternatives
to
burning,
or
otherwise
serve
as
EPA's
on­
scene
assistant
for
implementation
of
the
rules.
Where
an
official
partial
delegation
agreement
is
not
yet
in
effect,
EPA
will
explore
the
use
of
Memoranda
of
Agreement,
grants,
cooperative
May
28,
2004
Final
Rule
for
OMB
Review
41
agreements,
and
other
forms
of
agreement
to
document
understandings
about
respective
roles
and
responsibilities
for
such
tasks.

Experience
involved
in
implementing
the
FARR
will
help
EPA
and
the
Tribes
identify
which
rules
are
most
appropriate
for
delegation
to
Tribes.
It
will
also
help
to
identify
the
most
efficient
mechanisms
to
provide
needed
financial
support
for
Tribal
assistance.
Because
assisting
with
the
FARR
will
build
Tribal
capacity
to
adopt
Tribal
air
quality
regulations,
it
will
serve
as
a
logical
step
in
moving
the
Tribes
toward
development
of
their
own
TIPs.
Several
Tribes
have
expressed
an
interest
in
assuming
delegation
of
administrative
authority
for
one
or
more
provisions
of
the
FARR.
Others
have
indicated
that
they
wish
to
help
in
other
ways.

These
partial
delegation
agreements
would
authorize
a
Tribal
government
to
administer
specific
functions
of
the
FARR
rules,
with
Tribal
government
employees
acting
as
authorized
representatives
of
EPA.
EPA
and
the
delegated
Tribe
would,
as
appropriate,
establish
mechanisms
to
fund
the
work
by
Tribal
staff,
that
may
include
Federal
funding
assistance
through
cooperative
agreements
and
grants,
and/
or
user
fees
and
charges
established
by
the
Tribe
to
fund
its
administrative
activities
on
behalf
of
EPA.
Under
a
delegation
agreement,
the
Tribe
would
be
authorized
to
administer
one
or
more
of
the
rules,
with
the
oversight
of
EPA
staff.
Any
challenges
to
an
action
will
be
handled
directly
by
EPA,
and
any
formal
appeals
or
enforcement
actions
will
proceed
under
EPA's
administrative
and
civil
judicial
procedures.
For
more
discussion
on
delegation,
please
see
section
II.
D
of
this
document.

6.
Burn
Bans
Implementing
the
general
rule
for
open
burning
(
§
49.131)
and
the
rule
for
air
pollution
episodes
(
§
49.137)
will
require
significant
EPA
coordination
with
local
partners
to
inform
May
28,
2004
Final
Rule
for
OMB
Review
42
individuals
living
on
reservations
of
poor
air
quality
episodes
and
the
mandatory
burn
bans
that
accompany
such
episodes.
Under
the
FARR,
the
Regional
Administrator
may
issue
an
air
stagnation
advisory
when
meteorological
conditions
are
conducive
to
the
buildup
of
air
pollution.

An
air
pollution
alert,
air
pollution
warning,
or
air
pollution
emergency
may
be
declared
by
the
Regional
Administrator
whenever
it
is
determined
that
the
accumulation
of
air
pollutants
in
any
place
is
approaching,
or
has
reached,
levels
that
could
lead
to
a
threat
to
human
health.
Burn
bans
may
also
be
declared
whenever
particulate
matter
levels
exceed,
or
are
expected
to
exceed,
75%

of
any
NAAQS
for
particulate
matter,
and
these
levels
are
projected
to
continue
or
recur
over
at
least
the
next
24
hours.

State
and
local
air
agencies
in
Region
10
currently
declare
burn
bans
and
issue
air
stagnation
advisories,
alerts,
warnings,
and
emergencies
for
areas
within
their
jurisdiction,

including
areas
adjacent
to
or
surrounding
the
reservations.
Prior
to
implementing
the
FARR,

EPA
will
establish
a
protocol
with
these
State
and
local
air
agencies
for
coordination
of
burn
bans
and
air
quality
announcements.
When
a
State
or
local
air
agency
declares
a
burn
ban
or
an
air
pollution
episode,
EPA
will
determine
if
similar
conditions
also
exist
within
any
reservations.
To
determine
if
similar
conditions
exist
within
a
reservation,
EPA
will
consider
existing
air
quality
as
measured
by
air
quality
monitors
determined
to
be
representative
of
air
quality
on
each
reservation.
Once
EPA
determines
that
it
is
appropriate
to
declare
a
burn
ban
and/
or
an
air
pollution
episode
on
a
reservation,
EPA
will
take
appropriate
steps
to
communicate
this
information
to
the
residents
of
the
affected
reservation.

Initially,
EPA

s
implementation
of
the
burn
ban
provisions
and
the
air
pollution
episode
rule
will
rely
largely
on
air
quality
data
being
collected
at
existing
air
monitors
operated
by
State
5As
previously
stated
in
section
II.
A,
although
the
authority
for
EPA
to
establish
these
Federal
rules
for
Indian
reservations
comes
primarily
from
section
301(
d)
of
the
CAA,
the
Agency
has
looked
to
all
of
its
CAA
authorities
in
issuing
these
FIPs.
EPA
also
made
clear
that
it
is
issuing
these
FIPs
primarily
as
a
first
step
in
meeting
the
goals
of
section
110(
a)
of
the
CAA.
See
67
FR
11749.
It
is
EPA's
position
that
the
requirements
of
these
FIPs
are
"
standards
or
other
requirements
provided
for
in
the
applicable
implementation
plan
approved
or
promulgated
by
EPA
through
rulemaking
under
Title
I
of
the
Act
that
implement
the
relevant
requirements
of
the
Act"
and
thus
are
"
applicable
requirements"
as
defined
in
40
CFR
70.2
and
71.2.
As
such,
the
requirements
of
these
FIPs
must
be
included
in
Title
V
air
operating
permits
issued
to
Title
V
sources
subject
to
these
FIPs.

May
28,
2004
Final
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OMB
Review
43
and
local
air
agencies.
Over
time,
and
as
resources
permit,
an
increase
in
continuous
air
monitors
located
on
reservations
would
provide
additional
air
quality
data
that
EPA
would
consider
prior
to
declaring
burn
bans
or
air
pollution
episodes
for
reservations.
Reservations
that
would
be
candidates
for
additional
continuous
monitors
are
those
where
the
existing
State
and
local
monitoring
networks
may
not
adequately
characterize
the
air
quality
on
the
reservations
and
where
elevated
levels
of
pollution
could
be
expected
to
occur.

7.
Part
71
Permits
40
CFR
part
71
authorizes
the
Agency
to
administer
a
Federal
operating
permit
program
in
areas
without
an
approved
permitting
program
under
40
CFR
part
70
(
40
CFR
part
71).

Promulgation
of
the
FARR
will
compel
"
reopening
for
cause"
of
the
part
71
air
operating
permits
that
EPA
has
already
issued
on
the
covered
reservations
to
include
FARR
requirements5.
The
procedures
for
re­
issuing
such
a
permit
are
the
same
as
for
issuing
initial
and
renewed
permits.

Because
some
permits
will
have
less
than
three
years
remaining
on
their
terms,
they
will
not
need
to
be
reopened
when
the
FARR
becomes
effective,
but
will
be
updated
when
their
term
naturally
expires.
The
FARR
requirements
are
effective
for
part
71
sources
upon
the
effective
date
of
this
rulemaking
even
though
the
requirements
may
not
yet
be
incorporated
in
the
part
71
permit.
May
28,
2004
Final
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for
OMB
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44
For
part
71
sources,
adding
the
FARR
requirements
will
fill
important
gaps
in
the
permits
such
as
limits
for
visible
emissions,
particulate
matter,
sulfur
dioxide,
etc.
To
speed
up
and
simplify
the
process,
EPA
may
use
a
single
notice
and
comment
opportunity
for
multiple
permits.

G.
Applicability
of
the
Rules
to
Specific
Source
Categories.
EPA
received
numerous
comments
on
the
proposed
emission
limitations,
permitting
provisions
and
other
control
measures.
Comments
were
submitted
by
State
and
local
air
authorities,
Tribes,
industries,

farmers,
other
governmental
agencies,
and
the
general
public.
EPA
is
making
a
number
of
revisions
to
the
proposed
rules
as
a
result
of
these
comments.
These
revisions
are
described
later
in
this
preamble
in
the
section
titled
"
Summary
of
the
Final
Rules
and
Significant
Changes
from
the
March
2002
Proposal."
A
complete
summary
of
the
comments
on
each
rule,
and
EPA's
response
to
those
comments,
is
included
in
the
"
Response
to
Comment"
document,
which
is
available
in
the
docket.

The
most
frequent
type
of
comments,
which
were
submitted
by
many
different
parties,

involved
the
categories
of
air
pollution
sources
that
EPA
proposed
to
exempt
from
each
of
the
various
rules.
Some
commenters
asked
for
more
source
categories
to
be
exempted
while
other
commenters
requested
that
certain
exemptions
be
removed
from
the
proposed
rules.
In
response
to
these
comments,
EPA
is
making
only
minor
changes
to
the
exemptions
for
the
various
rules.
In
some
instances,
EPA
agreed
with
the
commenter
that
the
rule
was
not
appropriate
for
application
to
a
suggested
source
category
and
is
adding
that
category
to
the
exemptions.
In
most
cases,

EPA
disagreed
with
the
commenter
and
is
retaining
the
exemptions
as
proposed.

We
recognize
that
some
of
these
exempted
source
categories
may
have
the
potential
to
be
areas
of
concern
and
may
be
regulated
in
other
areas
of
the
Region.
We
do
not
have
sufficient
May
28,
2004
Final
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for
OMB
Review
45
information
at
this
time,
however,
to
determine
that
they
are
a
problem
in
need
of
regulation
on
the
39
Indian
reservations
in
Idaho,
Oregon,
and
Washington.
This
rulemaking
is
a
first
step
to
fill
the
regulatory
gap
on
Indian
reservations
in
Idaho,
Oregon,
and
Washington.
As
we
have
noted
elsewhere,
in
the
future
we
may
promulgate
additional
rules
if
we
determine
the
rules
are
necessary
or
appropriate.

Finally,
EPA
notes
that
sections
§
§
49.135
and
49.136
provide
regulatory
authority
to
address
specific
air
quality
problems
associated
with
any
air
pollution
source,
even
those
exempted
from
particular
emission
standards.
While
sources
such
as
single
family
residences,

agricultural
activities,
and
public
roads
are
exempted
from
certain
rules,
should
EPA
determine
that
further
controls
are
needed
pursuant
to
§
§
49.135
or
49.136,
EPA
may
establish
a
sourcespecific
requirement
if
such
would
be
appropriate.

III.
Summary
of
the
Final
Rules
and
Significant
Changes
from
the
March
2002
Proposal
EPA
believes
that
in
light
of
the
particular
air
quality
problems
generally
present
on
reservations
in
the
Pacific
Northwest,
it
is
appropriate
to
establish
the
air
quality
rules
for
each
reservation
that
are
adopted
today.
These
rules
will
regulate
activities,
pollutants,
and
sources
by
supplementing
the
existing
Federal
regulatory
requirements
such
as
the
PSD,
NESHAP,
and
NSPS
rules.
Today's
rules
will
provide
additional
regulatory
tools
for
EPA
to
use
to
implement
the
CAA
on
Indian
reservations
and
help
to
fill
the
current
regulatory
gap
that
exists
in
controlling
important
sources
of
air
pollution
on
Indian
reservations
in
Idaho,
Oregon
and
Washington.

The
FIPs
for
each
reservation
include
a
number
of
basic
provisions
to
establish
the
infrastructure
of
a
CAA
regulatory
program.
The
basic
FIP
rules
that
will
apply
on
all
39
reservations
include
§
49.123
General
provisions;
§
49.124
Rule
for
limiting
visible
emissions;
May
28,
2004
Final
Rule
for
OMB
Review
46
§
49.125
Rule
for
limiting
the
emissions
of
particulate
matter;
§
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions;
§
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide;

§
49.130
Rule
for
limiting
sulfur
in
fuels;
§
49.131
General
rule
for
open
burning;
§
49.137
Rule
for
air
pollution
episodes;
§
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions;
and
§
49.139
Rule
for
non­
Title
V
operating
permits.

Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare
will
apply
on
all
reservations
except
for
the
Nez
Perce
and
Umatilla
Indian
Reservations,
where
§
49.136
Rule
for
emissions
detrimental
to
persons,
property,
cultural
or
traditional
resources
will
apply
instead.

Also,
EPA
is
establishing
certain
additional
rules
for
specific
reservations
where
EPA
has
determined,
in
consultation
with
the
relevant
Tribe,
that
such
additional
regulatory
measures
are
appropriate.
During
the
course
of
its
consultation
with
Tribes
and
analysis
of
regulatory
needs,

EPA
found,
for
example,
certain
types
of
wood
products
industries,
or
certain
practices
of
agricultural
or
forestry
burning,
were
prevalent
on
particular
reservations
and
could
be
important
contributors
to
air
pollution
concerns.
Therefore,
in
close
consultation
with
specific
Tribes,
EPA
is
promulgating
additional
rules
for
three
Indian
reservations,
including
§
49.127
Rule
for
woodwaste
burners
on
the
Colville
and
Nez
Perce
Indian
Reservations;
§
49.128
Rule
for
limiting
particulate
matter
emissions
from
wood
products
industry
sources
on
the
Colville
and
Nez
Perce
Indian
Reservations;
§
49.132
Rule
for
general
open
burning
permits
on
the
Nez
Perce
and
Umatilla
Indian
Reservations;
§
49.133
Rule
for
agricultural
burning
permits
on
the
Nez
Perce
and
Umatilla
Indian
Reservations,
§
49.134
Rule
for
forestry
and
silvicultural
burning
permits
on
the
Nez
Perce
and
Umatilla
Indian
Reservations;
and
§
49.136
Rule
for
May
28,
2004
Final
Rule
for
OMB
Review
47
emissions
detrimental
to
persons,
property,
cultural
or
traditional
resources
on
the
Nez
Perce
and
Umatilla
Indian
Reservations.

In
developing
these
regulations,
EPA
also
had
two
other
objectives
in
mind,
in
addition
to
filling
the
regulatory
gap.
First,
EPA
is
issuing
only
those
regulations
for
which
it
has
the
technical
capability
and
adequate
resources
to
implement
and
enforce
them.
As
described
above,

EPA
is
developing
an
Implementation
Framework
to
guide
how
EPA
and
the
affected
Tribes
will
implement
the
rules
on
each
reservation.
To
the
extent
practicable,
these
regulations
minimize
the
implementation
burdens
upon
EPA
and
the
regulated
community
while
establishing
requirements
that
are
unambiguous
and
enforceable.
EPA
is
changing
the
final
rules
to
this
end,
such
as
exempting
de
minimis
sources
from
the
registration
rule
at
§
49.138.

Second,
EPA
anticipates
that
these
regulations
can
serve
as
models
for
Tribes
as
they
develop
their
own
air
quality
programs.
EPA
will
continue
to
encourage
Tribes
to
develop
individual
TIPs
and
will
work
with
Tribes
seeking
to
replace
these
rules
with
TIPs.
These
FIPs
will
apply
until
they
are
replaced
by
Tribal
regulations
in
an
approved
TIP.

The
following
paragraphs
summarize
each
of
the
rules
that
are
made
final
today
and
any
significant
revisions
to
the
rules
that
EPA
proposed.
Some
of
the
changes
to
the
rules
are
discussed
above
in
the
section
on
the
major
issues
raised
by
commenters.
Other
significant
changes
to
the
rules
are
discussed
below.
A
more
detailed
discussion
of
rule
revisions
made
in
response
to
public
comments
can
be
found
in
the
Response
to
Comments
document.
The
actual
rule
requirements
will
be
published
in
40
CFR
part
49,
subpart
C.

Changes
that
affect
several
sections.
Since
the
time
that
this
rulemaking
was
proposed,

the
new
PM2.5
NAAQS
have
become
effective,
and
therefore,
the
FARR
is
revised
to
recognize
May
28,
2004
Final
Rule
for
OMB
Review
48
that
there
are
now
particulate
matter
ambient
air
quality
standards
for
both
PM10
and
PM2.5.

EPA
is
revising
the
final
rules
to
include
a
definition
of
PM2.5
and
to
revise
the
definition
of
particulate
matter
to
include
PM2.5.
These
changes
to
the
rules
have
no
affect
upon
the
emission
limitations
established
here,
but
acknowledge
that
the
emission
limitations
will
control
both
PM10
and
PM2.5.
EPA
is
not
adding
specific
PM2.5
levels
to
§
49.137,
Rule
for
air
pollution
episodes,

at
this
time.
After
EPA
revises
part
51
to
establish
levels
for
PM2.5,
EPA
Region
10
will
revise
these
rules
accordingly.
The
list
of
pollutants
to
be
reported
under
§
49.138,
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions,
is
revised
to
include
PM2.5,

which
is
consistent
with
the
new
emissions
inventory
reporting
requirements
at
40
CFR
part
51,

subpart
A.

In
response
to
comments,
EPA
is
removing
several
paragraphs
(
§
49.124(
e)(
3),
§
49.125(
e)(
2),
§
49.127(
d)(
2),
§
49.128(
d)(
2),
and
§
49.129(
e)(
3))
from
the
final
rules
that
state
that
these
rules
do
not
require
any
person
to
conduct
a
source
test
unless
specifically
required
by
the
Regional
Administrator
in
a
permit
to
construct
or
a
permit
to
operate.
While
EPA
does
not
agree
with
the
commenter
that
these
statements
would
limit
EPA's
authority
to
obtain
emission
information,
we
do
agree
that
they
are
unnecessary
and
possibly
confusing.
Though
EPA
is
removing
this
language
from
the
rules,
it
does
not
change
the
fact
that
the
FARR,
in
and
of
itself,

does
not
require
sources
to
conduct
a
source
test,
but
that
a
source
test
may
be
required
through
other
means
(
permit
to
construct,
permit
to
operate,
order
under
section
114,
etc),

Section
49.122
­
Partial
delegation
of
administrative
authority
to
a
Tribe.
Section
49.122
establishes
a
process
for
EPA
to
delegate
to
a
Tribal
government
the
authority
to
assist
EPA
in
administering
one
or
more
of
the
Federal
rules
that
have
been
promulgated
for
the
Tribe's
May
28,
2004
Final
Rule
for
OMB
Review
49
reservation.
This
provision
sets
out
the
process
a
Tribe
must
follow
to
request
a
partial
delegation,
how
that
delegation
will
be
accomplished,
and
how
the
public
and
regulated
sources
will
be
informed
of
the
delegation.
This
provision
allows
EPA
to
delegate
distinct
and
severable
Federal
regulations
to
a
qualified
Tribe
for
implementation,
without
requiring
a
Tribe
to
take
on
all
aspects
of
the
Federal
air
regulations.
Nothing
in
these
rules
requires
EPA
to
delegate
administrative
authorities
to
Tribes.
As
a
delegated
Federal
program,
any
Federal
requirement
administered
by
a
delegated
Tribe
is
subject
to
EPA
enforcement
and
EPA
formal
appeal
procedures,
not
the
Tribe's,
under
Federal
law.
Under
a
partial
delegation
agreement,
EPA
would
authorize
a
Tribal
government
to
administer
specific
functions
of
one
or
more
of
the
FARR
rules,
with
Tribal
government
employees
acting
as
authorized
representatives
of
EPA
and
with
the
oversight
of
EPA
staff.
Any
challenges
to
an
action
will
be
handled
directly
by
EPA,
and
any
formal
appeals
or
enforcement
actions
will
proceed
under
EPA's
administrative
and
civil
judicial
procedures.

The
final
rule
modifies
the
proposal
in
several
ways.
This
section
is
retitled
Partial
delegation
of
administrative
authority
to
a
Tribe
to
clarify
that
EPA
will
not
be
delegating
enforcement
authority
to
a
Tribe
under
this
provision.
The
final
rule
also
explicitly
states
that
the
rules
covered
by
a
delegation
agreement
would
be
enforced
by
EPA.
The
rule
is
also
revised
to
clarify
that
a
Tribe
must
show
that
it
will
have
both
adequate
resources
and
the
technical
capability
to
administer
the
delegated
rule(
s).
Finally,
to
provide
more
participation
in
the
development
of
delegation
agreements,
the
rule
provides
that,
prior
to
finalizing
a
partial
delegation
agreement
with
a
Tribe,
EPA
will
consult
with
appropriate
governmental
entities
May
28,
2004
Final
Rule
for
OMB
Review
50
outside
of
the
reservation
and
city
and
county
governments
located
within
the
boundaries
of
the
reservation.

Section
49.123
­
General
provisions.
This
section
includes
definitions
of
the
terms
used
in
these
rules,
as
well
as
general
provisions
regarding
requirements
for
emission
testing,

monitoring,
recordkeeping,
reporting,
the
use
of
credible
evidence
in
compliance
certifications
and
for
establishing
violations,
and
the
incorporation
by
reference
of
ASTM
methods
referenced
in
this
rulemaking.
Each
section
in
these
rules
contains
a
paragraph
that
lists
the
defined
terms
used
in
that
section.
Note
that
these
lists
include
terms
used
directly
in
the
section
and
also
terms
used
within
the
definitions
of
those
terms.

This
section
is
revised
by
adding
definitions
of
some
terms,
deleting
definitions
of
terms
that
are
no
longer
used
in
the
rules,
and
amending
definitions
of
some
terms.
Specifically,

definitions
of
the
terms
"
forestry
or
silvicultural
activities,"
"
part
71
source,"
"
PM2.5,"
"
smudge
pot,"
and
"
source"
are
added;
the
definitions
of
the
terms
"
burn
barrel"
and
"
combustible
household
waste"
are
deleted;
and
the
definitions
of
the
terms
"
actual
emissions,"
"
air
pollution
source,"
"
emission
factor,"
"
Federally
enforceable,"
and
"
particulate
matter"
are
amended
to
make
them
more
understandable.
Editorial
changes
are
made
to
a
number
of
other
definitions
to
make
them
internally
consistent
or
consistent
with
other
EPA
rules,
such
as,
the
new
emission
inventory
reporting
requirements
at
40
CFR
part
51,
subpart
A.
Most
of
the
substantive
changes
are
made
in
direct
response
to
public
comments.
The
addition
of
the
definitions
of
the
terms
"
PM2.5"
and
"
source"
and
the
amendments
to
the
terms
"
air
pollution
source"
and
"
particulate
matter"
resulted
from
changes
EPA
made
to
improve
the
final
rules.
May
28,
2004
Final
Rule
for
OMB
Review
51
Also
note
that
the
final
rules
are
updated
to
incorporate
by
reference
the
latest
versions
of
the
ASTM
methods
that
are
used
in
these
rules.

Section
49.124
­
Visible
emissions.
Section
49.124
establishes
that
visible
emissions
from
air
pollution
sources
may
not
exceed
20%
opacity,
averaged
over
six
consecutive
minutes,

as
measured
by
EPA
Method
9.
This
section
does
not
apply
to
certain
sources,
such
as:
open
burning;
agricultural
activities;
forestry
and
silvicultural
activities;
non­
commercial
smoke
houses;

sweat
houses
or
lodges;
smudge
pots;
furnaces
and
boilers
used
exclusively
to
heat
residential
buildings
with
four
or
fewer
units;
fugitive
dust
from
public
roads
owned
or
maintained
by
any
Federal,
Tribal,
State,
or
local
government;
and
fuel
combustion
in
mobile
sources.
The
visible
emissions
from
an
oil­
fired
boiler
or
solid
fuel­
fired
boiler
that
continuously
measures
opacity
with
a
continuous
opacity
monitoring
system
(
COMS)
may
exceed
the
20%
opacity
limit
during
startup
soot­
blowing,
and
grate­
cleaning
for
a
single
period
of
up
to
15
consecutive
minutes
in
any
eight
consecutive
hours,
but
must
not
exceed
60%
opacity
at
any
time.

The
final
rule
is
revised
in
response
to
public
comments
to
clarify
that
this
section
does
not
apply
to
forestry
and
silvicultural
activities.

Section
49.125
­
Particulate
matter.
This
section
establishes
that
particulate
matter
emissions
from
combustion
sources
(
except
for
wood­
fired
boilers),
process
sources,
and
other
sources
may
not
exceed
an
average
of
0.23
grams
per
dry
standard
cubic
meter
(
0.1
grains
per
dry
standard
cubic
foot),
corrected
to
seven
percent
oxygen
(
for
combustion
sources),
during
any
three­
hour
period.
Particulate
matter
emissions
from
wood­
fired
boilers
must
be
limited
to
an
average
of
0.46
grams
per
dry
standard
cubic
meter
(
0.2
grains
per
dry
standard
cubic
foot),

corrected
to
seven
percent
oxygen,
during
any
three­
hour
period.
Exempted
from
this
section
are
May
28,
2004
Final
Rule
for
OMB
Review
52
woodwaste
burners,
furnaces,
and
boilers
used
exclusively
for
space
heating
with
a
rated
heat
input
capacity
of
less
than
400,000
British
thermal
units
(
Btu)
per
hour,
non­
commercial
smoke
houses,
sweat
houses
or
lodges,
open
burning,
and
mobile
sources.

The
final
rule
is
revised
in
response
to
public
comments
to
clarify
that
the
particulate
matter
emission
limitations
do
not
apply
to
open
burning.
The
final
rule
is
also
revised
to
clarify
that
the
limitations
apply
to
stacks
that
can
be
tested
using
the
reference
test
method
at
any
combustion
source,
process
source,
or
other
source.

Section
49.126
­
Fugitive
particulate
matter.
This
section
requires
the
owner
or
operator
of
any
source
of
fugitive
particulate
matter
emissions
to
take
all
reasonable
precautions
to
prevent
fugitive
particulate
matter
emissions
and
to
maintain
and
operate
the
source
to
minimize
these
emissions.
A
person
subject
to
this
section
is
required
to
annually
survey
the
air
pollution
source
to
determine
if
there
are
sources
of
fugitive
particulate
matter
emissions,

determine
and
document
in
a
written
plan
the
reasonable
precautions
that
will
be
taken
to
prevent
fugitive
particulate
matter
emissions,
including
appropriate
monitoring
and
recordkeeping,
and
then
implement
the
plan.
For
new
sources
and
new
operations,
including
those
at
an
existing
air
pollution
source,
a
survey
must
be
conducted
within
thirty
days
after
commencing
operation.
For
construction
and
demolition
activities,
the
written
plan
must
be
prepared
prior
to
commencing
construction
or
modification.
This
section
does
not
apply
to
open
burning,
agricultural
activities,

forestry
and
silvicultural
activities,
sweat
houses
or
lodges,
non­
commercial
smoke
houses,
public
roads
owned
or
maintained
by
any
Federal,
Tribal,
State,
or
local
government,
or
activities
associated
with
single­
family
residences
or
residential
buildings
with
four
or
fewer
dwelling
units.
May
28,
2004
Final
Rule
for
OMB
Review
53
The
final
rule
is
revised
in
response
to
public
comments
to
clarify
that
the
requirements
for
taking
all
reasonable
precautions
to
prevent
fugitive
emissions
do
not
apply
to
open
burning,

forestry
and
silvicultural
activities,
sweat
houses
or
lodges,
and
non­
commercial
smoke
houses.

The
rule
is
also
revised
to
reduce
the
burden
by
requiring
an
annual
survey,
with
new
surveys
conducted
when
a
new
source
or
new
operation
commences
operation,
instead
of
quarterly
and
weekly
surveys.
EPA
is
also
revising
the
rule
so
that
construction
and
demolition
activities
will
no
longer
have
to
perform
weekly
surveys,
but
will
prepare
a
written
dust
control
plan
prior
to
commencing
construction
or
demolition
and
will
only
do
a
survey
if
the
work
lasts
for
more
than
30
days.
Finally,
the
provision
requiring
owners
or
operators
to
consider
the
environmental
implications
of
any
particular
fugitive
emissions
control
measure
is
deleted
from
the
final
rule,
but
EPA
continues
to
encourage
owners
or
operators
to
take
such
effects
into
account
when
choosing
the
approach
to
complying
with
this
section.

Section
49.127
­
Woodwaste
burners.
On
the
Colville
Indian
Reservation
and
the
Nez
Perce
Reservation,
EPA
is
promulgating
§
49.127
which
phases
out
the
operation
of
woodwaste
burners
(
commonly
known
as
wigwam
or
teepee
burners).
Until
existing
woodwaste
burners
are
dismantled,
visible
emissions
from
a
woodwaste
burner
may
not
exceed
20%
opacity,
averaged
over
six
consecutive
minutes,
as
measured
by
EPA
Method
9,
and
only
wood
waste
generated
onsite
can
be
burned
or
disposed
of
in
the
woodwaste
burner.
The
owner
or
operator
of
a
woodwaste
burner,
including
woodwaste
burners
that
are
not
currently
being
used,
must
submit
a
plan
for
shutting
down
the
woodwaste
burner
to
EPA
within
180
days
after
the
effective
date
of
this
rule
and
must
shut
down
and
dismantle
the
woodwaste
burner
by
no
later
than
two
years
after
May
28,
2004
Final
Rule
for
OMB
Review
54
the
effective
date
of
this
rule.
Sources
may
apply
to
EPA
for
an
extension
of
the
two­
year
deadline
if
there
is
no
reasonably
available
alternative
method
of
disposal
for
the
wood
waste.

The
final
rule
is
revised
in
response
to
public
comments
to
clarify
that
the
requirement
to
dismantle
woodwaste
burners
applies
to
all
existing
woodwaste
burners
regardless
of
whether
or
not
such
burners
are
currently
operating.
The
effect
of
this
rule
is
that
by
two
years
after
the
effective
date
of
the
rule,
no
woodwaste
burner
will
still
be
operational
unless
an
extension
of
the
two­
year
deadline
has
been
granted
by
the
Regional
Administrator.

Section
49.128
­
Particulate
matter
emissions
from
wood
products
industry
sources.

On
the
Colville
Indian
Reservation
and
the
Nez
Perce
Reservation,
EPA
is
promulgating
§
49.128
that
applies
to
any
person
who
owns
or
operates
any
of
the
following
wood
products
industry
sources:
veneer
manufacturing
operations,
plywood
manufacturing
operations,
particleboard
manufacturing
operations,
or
hardboard
manufacturing
operations.
This
section
imposes
limits
on
the
amount
of
PM10
that
can
be
emitted
from
such
sources,
in
addition
to
the
particulate
matter
limits
for
combustion
and
process
sources
in
§
49.125.

The
final
rule
is
revised
to
clarify
that
the
particulate
matter
emission
limits
are
for
the
PM10
fraction
and
to
clarify
the
reference
method
for
determining
compliance
by
indicating
that
Method
201A
is
to
be
used
in
conjunction
with
Method
202
to
measure
the
total
PM10
emitted
by
the
affected
sources.
Method
202
is
intended
to
be
used
in
conjunction
with
either
Method
201
or
201A
to
measure
total
PM10
emissions
from
a
source
with
significant
condensible
particulate
emissions.

Section
49.129
­
Sulfur
dioxide.
This
section
restricts
sulfur
dioxide
emissions
from
combustion
sources,
process
sources,
and
other
sources
to
no
more
than
an
average
of
500
parts
May
28,
2004
Final
Rule
for
OMB
Review
55
per
million
by
volume,
on
a
dry
basis,
corrected
to
seven
percent
oxygen
(
for
combustion
sources),
during
any
three­
hour
period.
Furnaces
and
boilers
used
exclusively
for
space
heating
with
a
rated
heat
input
capacity
of
less
than
400,000
Btu
per
hour
and
mobile
sources
are
exempt
from
this
section.

The
final
rule
is
revised
in
response
to
public
comment
to
clarify
that
the
sulfur
dioxide
emission
limitations
apply
only
to
stacks
that
can
be
tested
using
the
reference
test
method.

Section
49.130
­
Sulfur
content
of
fuels.
This
section
applies
to
any
person
who
sells,

distributes,
uses,
or
makes
available
for
use,
any
fuel
oil,
liquid
fuel,
coal,
solid
fuel,
or
gaseous
fuel
on
Indian
reservations.
This
section
restricts
the
sulfur
content
of
those
types
of
fuels.

Gasoline
and
diesel
fuels,
such
as
automotive
or
marine
diesel
fuel,
regulated
by
EPA
under
40
CFR
Part
80,
are
exempt
from
this
section.
A
person
subject
to
this
section
must
demonstrate
compliance
through
recordkeeping
and/
or
continuous
monitoring
or
sampling.
The
owner
or
occupant
of
a
single­
family
residence
and
the
owner
or
manager
of
a
residential
building
with
four
or
fewer
units
is
not
subject
to
the
sulfur
content
recordkeeping
requirements
if
the
furnace
fuel
is
purchased
from
a
licensed
fuel
distributor.

The
final
rule
is
revised
to
clarify
that
the
sulfur
limit
for
fuel
oils
applies
to
all
liquid
fuels.

The
exemption
for
mobile
source
fuels
is
revised
in
response
to
public
comment
to
remove
the
requirement
that
the
fuels
actually
be
used
in
a
mobile
source.
The
effect
of
this
change
is
that
mobile
source
fuels
regulated
by
EPA
under
40
CFR
Part
80
are
entirely
exempt
from
this
section.

The
rule
is
also
revised
in
response
to
public
comment
to
exempt
sources
from
the
requirement
to
obtain,
record,
and
keep
records
of
the
sulfur
content
when
combusting
only
wood.
As
with
the
exemption
for
sources
that
combust
only
purchased
natural
gas,
the
source
must
keep
records
May
28,
2004
Final
Rule
for
OMB
Review
56
showing
that
only
wood
was
burned.
Sources
that
combust
a
combination
of
wood
and
other
solid,
liquid,
or
gaseous
fuels
must
obtain,
record,
and
keep
records
of
all
of
the
fuels
combusted.

Finally,
the
provision
for
continuously
monitoring
fuel
gas
sulfur
content
is
revised
to
allow
for
the
use
of
additional
methods
that
are
more
appropriate
for
different
fuel
gases.

Section
49.131
­
Open
burning.
This
section
prohibits
certain
materials
from
being
openly
burned
and
describes
the
practices
a
person
subject
to
this
section
must
follow
in
conducting
an
open
burn.
Under
this
section,
a
number
of
materials
may
not
be
openly
burned,

such
as:
garbage,
dead
animals,
junked
motor
vehicles,
tires
or
rubber
materials,
plastics,
plastic
products,
styrofoam,
asphalt
or
composition
roofing,
tar,
tarpaper,
petroleum
products,
paints,

paper
or
cardboard
other
than
what
is
necessary
to
start
a
fire
or
that
is
generated
at
a
singlefamily
residence
or
residential
building
with
four
or
fewer
dwelling
units
and
is
burned
at
the
residential
site,
lumber
or
timbers
treated
with
preservatives,
construction
debris
or
demolition
waste,
pesticides,
herbicides,
batteries,
light
bulbs,
hazardous
wastes,
or
any
material
other
than
natural
vegetation
that
normally
emits
dense
smoke
or
noxious
fumes
when
burned
(
see
actual
rule
language
for
a
complete
list).
The
following
situations
are
generally
exempted
from
this
section:
fires
set
for
cultural
or
traditional
purposes,
including
fires
within
structures
such
as
sweat
houses
or
lodges;
fires
set
for
recreational
purposes,
provided
that
no
prohibited
materials
are
burned;
with
prior
permission
from
the
Regional
Administrator,
open
outdoor
fires
used
by
qualified
personnel
to
train
firefighters
in
the
methods
of
fire
suppression
and
fire­
fighting
techniques,
provided
that
these
fires
are
not
allowed
to
smolder
after
the
training
session
has
terminated;
with
prior
permission
from
the
Regional
Administrator,
one
open
outdoor
fire
each
year
to
dispose
of
fireworks
and
associated
packaging
materials;
and
open
burning
for
the
May
28,
2004
Final
Rule
for
OMB
Review
57
disposal
of
diseased
animals
or
other
material
by
order
of
a
public
health
official.
All
open
burning,
except
for
cultural
and
traditional
purposes,
is
prohibited
if
the
Regional
Administrator
declares
a
burn
ban
due
to
deteriorating
air
quality
or
the
Regional
Administrator
issues
an
air
stagnation
advisory
or
declares
an
air
pollution
alert,
air
pollution
warning,
or
air
pollution
emergency.

In
response
to
public
comment,
the
final
rule
is
revised
to
remove
the
exemption
for
burning
combustible
household
wastes
in
burn
barrels
at
residences.
The
only
element
of
the
proposed
exemption
that
EPA
is
retaining
in
the
final
rule
is
to
allow
for
open
burning
on­
site
of
paper,
paper
products,
and
cardboard
that
are
generated
by
a
single­
family
residence
or
a
residential
building
with
four
or
fewer
dwelling
units.
The
rule
is
also
revised
to
clarify
that
it
applies
to
the
owner
of
the
property
upon
which
burning
is
conducted
in
addition
to
the
person
actually
conducting
the
burning.
The
rule
is
also
revised
to
clarify
that
the
burn
ban
provisions
are
triggered
when
air
quality
levels
have
exceeded
or
are
expected
to
exceed,
75%
of
the
NAAQS
for
particulate
matter
(
PM10
or
PM2.5),
and
not
the
NAAQS
for
other
pollutants.

Through
education
and
outreach,
it
is
EPA's
goal
to
eliminate
open
burning
disposal
practices
where
alternative
methods
are
feasible
and
practicable,
to
encourage
the
development
of
alternative
disposal
methods,
to
emphasize
resource
recovery,
and
to
encourage
utilization
of
the
highest
and
best
practicable
burning
methods
to
minimize
emissions
where
other
disposal
practices
are
not
feasible.

Section
49.132
­
General
open
burning
permits.
Under
today's
rule,
any
person
who
wants
to
conduct
an
open
burn
on
the
Nez
Perce
Reservation
and
the
Umatilla
Indian
Reservation
must:
1)
obtain
a
permit
for
each
open
burn;
2)
have
the
permit
available
on­
site
during
the
open
May
28,
2004
Final
Rule
for
OMB
Review
58
burn;
3)
conduct
the
open
burn
in
accordance
with
the
terms
and
conditions
of
the
permit;
and
4)

comply
with
the
General
rule
for
open
burning
(
§
49.131)
or
the
EPA­
approved
Tribal
open
burning
rules
in
a
TIP,
as
applicable.
The
following
activities
are
exempt:
fires
set
for
cultural
or
traditional
purposes,
including
fires
within
structures
such
as
sweat
houses
or
lodges;
fires
for
recreational
purposes,
provided
that
no
prohibited
materials
are
burned;
forestry
and
silvicultural
burning
(
forestry
and
silvicultural
burning
is
covered
under
§
49.134
Rule
for
forestry
and
silvicultural
burning
permits);
and
agricultural
burning
(
agricultural
burning
is
covered
under
§
49.133
Rule
for
agricultural
burning
permits).
The
Regional
Administrator
will
take
into
consideration
relevant
factors
including,
but
not
limited
to,
the
size,
duration,
and
location
of
the
proposed
open
burn,
the
current
and
projected
air
quality
conditions,
forecasted
meteorological
conditions,
and
other
scheduled
burning
activities
in
the
surrounding
area
in
determining
whether
to
issue
the
permit.
EPA
anticipates
that
the
Nez
Perce
and
Umatilla
Tribes
will
seek
partial
delegation
from
EPA
to
implement
portions
of
this
rule
on
their
respective
reservations.

The
final
rule
is
revised
to
remove
the
proposed
exemption
for
burn
barrels,
to
be
consistent
with
the
final
general
open
burning
rule
(
§
49.131).

As
discussed
above,
EPA
is
using
a
phased
approach
to
establish
burn
permit
programs
for
open
burning,
agricultural
burning,
and
forestry
burning
on
the
Nez
Perce
Reservation
and
the
Umatilla
Indian
Reservation
to
provide
time
for
EPA
and
the
Tribes
to
develop
the
burn
permit
programs,
to
allocate
sufficient
resources,
and
to
establish
intergovernmental
agreements
on
how
EPA
and
each
Tribe
will
administer
the
program.
EPA
is
first
starting
the
burning
permit
programs
on
the
Nez
Perce
Reservation,
where
EPA
and
the
Tribe
have
been
operating
under
an
intergovernmental
agreement
with
the
Idaho
Department
of
Environmental
Quality
and
the
Idaho
May
28,
2004
Final
Rule
for
OMB
Review
59
State
Department
of
Agriculture
to
manage
agricultural
field
burning
in
the
Clearwater
Airshed.

For
the
Nez
Perce
Reservation,
anyone
who
wants
to
conduct
open
burning
after
March
1,
2005
must
first
apply
for
and
obtain
a
permit
for
open
burning.
For
the
Umatilla
Indian
Reservation,

anyone
who
wants
to
conduct
open
burning
after
January
1,
2007
must
first
apply
for
and
obtain
a
permit
for
open
burning.
These
dates
will
provide
time
for
EPA
and
the
Tribes
to
develop
burn
permit
programs.

Section
49.133
­
Agricultural
burning
permits.
Under
the
final
rule,
any
person
who
wants
to
conduct
an
agricultural
burn
on
the
Nez
Perce
Reservation
and
the
Umatilla
Indian
Reservation
must:
1)
apply
for
a
permit
to
conduct
an
agricultural
burn;
2)
obtain
approval
of
the
permit
on
the
day
of
the
burn,
3)
have
the
permit
available
on­
site
during
the
agricultural
burn;

and
4)
conduct
the
burn
in
accordance
with
the
terms
and
conditions
of
the
permit.
This
agricultural
burning
permit
program
is
a
smoke
management
program
under
which
final
approvals
to
conduct
burns
are
given
on
a
daily
basis.
Prior
to
the
requested
burn
days,
farmers
will
have
received
preliminary
permits
that
are
effective
only
after
the
daily
approvals
are
given.
All
burning
activities
must
also
comply
with
the
General
rule
for
open
burning
(
§
49.131)
or
the
EPA­
approved
Tribal
open
burning
rules
in
a
TIP,
as
applicable.
EPA
anticipates
that
the
Nez
Perce
and
Umatilla
Tribes
will
seek
partial
delegation
to
administer
portions
of
this
rule
on
their
respective
reservations.

As
with
the
general
open
burning
permit
rule
and
forestry
and
silvicultural
burning
permit
rules
at
§
§
49.132
and
49.134,
anyone
who
wants
to
conduct
agricultural
burning
on
the
Nez
Perce
Reservation
after
March
1,
2005
must
first
apply
for
and
obtain
approval
of
a
permit
for
agricultural
burning.
For
the
Umatilla
Indian
Reservation,
anyone
who
wants
to
conduct
May
28,
2004
Final
Rule
for
OMB
Review
60
agricultural
burning
after
January
1,
2007
must
first
apply
for
and
obtain
approval
of
a
permit
for
agricultural
burning.
The
provisions
for
approving
agricultural
burning
permits
are
revised
to
simplify
and
streamline
the
process.
The
final
rule
provides
EPA
and
delegated
Tribes
the
flexibility
to
implement
smoke
management
programs
that,
on
a
day­
to­
day
operational
basis,

resemble
those
of
neighboring
jurisdictions
or
represent
a
typical
program.

Section
49.134
­
Forestry
and
silvicultural
burning
permits.
Under
the
final
rule,
any
person
who
wants
to
conduct
a
forestry
or
silvicultural
burn
on
the
Nez
Perce
Reservation
and
the
Umatilla
Indian
Reservation
must:
1)
apply
for
a
permit
to
conduct
a
forestry
or
silvicultural
burn;
2)
obtain
approval
of
the
permit
on
the
day
of
the
burn,
3)
have
the
permit
available
on­
site
during
the
forestry
or
silvicultural
burn;
and
4)
conduct
the
burn
in
accordance
with
the
terms
and
conditions
of
the
permit.
This
forestry
and
silvicultural
burning
permit
program
is
a
smoke
management
program
under
which
final
approvals
to
conduct
burns
are
given
on
a
daily
basis.

Prior
to
the
requested
burn
days,
land
owners
will
have
received
preliminary
permits
that
are
effective
only
after
the
daily
approvals
are
given.
All
burning
activities
must
also
comply
with
the
General
rule
for
open
burning
(
§
49.131)
or
the
EPA­
approved
Tribal
open
burning
rules
in
a
TIP,
as
applicable.
EPA
anticipates
that
the
Nez
Perce
and
Umatilla
Tribes
will
seek
partial
delegation
to
administer
portions
of
this
rule
on
their
respective
reservations.

As
with
the
general
open
burning
permit
and
agricultural
burning
permit
rules
at
§
§
49.132
and
49.133,
anyone
who
wants
to
conduct
forestry
or
silvicultural
burning
on
the
Nez
Perce
Reservation
after
March
1,
2005
must
first
apply
for
and
obtain
approval
of
a
permit
for
forestry
or
silvicultural
burning.
For
the
Umatilla
Indian
Reservation,
anyone
who
wants
to
conduct
forestry
or
silvicultural
burning
after
January
1,
2007
must
first
apply
for
and
obtain
approval
of
a
May
28,
2004
Final
Rule
for
OMB
Review
61
permit
for
forestry
or
silvicultural
burning.
The
provisions
for
approving
forestry
and
silvicultural
burning
permits
are
revised
to
simplify
and
streamline
the
process.
The
final
rule
provides
EPA
and
delegated
Tribes
the
flexibility
to
implement
smoke
management
programs
that,
on
a
day­

today
operational
basis,
resemble
those
of
neighboring
jurisdictions
or
represent
a
typical
program.

Sections
49.135
­
Emissions
detrimental
to
human
health
or
welfare
and
49.136
­

Emissions
detrimental
to
persons,
property,
cultural,
or
traditional
resources.
EPA
is
promulgating
§
49.135
for
all
reservations,
except
for
the
Nez
Perce
Reservation
and
the
Umatilla
Indian
Reservation
where
§
49.136
will
be
in
effect.
For
both
§
§
49.135
and
49.136,
an
owner
or
operator
of
an
air
pollution
source
is
not
allowed
to
cause
or
allow
the
emission
of
any
air
pollutants,
in
sufficient
quantities
and
of
such
characteristics
and
duration,
that
the
Regional
Administrator
determines
causes
or
contributes
to
a
violation
of
any
NAAQS;
or
is,
or
would
likely
be,
injurious
to
human
health
or
welfare.
For
the
Nez
Perce
Reservation
and
the
Umatilla
Indian
Reservation,
EPA
is
adopting
§
49.136
that
includes
the
same
requirements
as
§
49.135
but
also
provides
additional
protections,
such
as
authorizing
controls
when
the
Regional
Administrator
determines
an
emission
is,
or
would
likely
be,
damaging
to
unique
Tribal
cultural
or
traditional
resources.
If
the
Regional
Administrator
makes
such
a
determination
under
§
49.135
or
§
49.136,
the
Regional
Administrator
may
require
the
source
to
install
air
pollution
controls
or
to
take
reasonable
precautions
to
reduce
or
prevent
the
emissions.

Section
49.137
­
Air
pollution
episodes.
Under
§
49.137,
the
Regional
Administrator
is
authorized
to
issue
warnings
about
air
quality
that
apply
to
any
person
who
owns
or
operates
an
air
pollution
source
on
an
Indian
reservation.
The
Regional
Administrator
may
issue
an
air
stagnation
advisory
when
meteorological
conditions
are
conducive
to
the
buildup
of
air
pollution.
May
28,
2004
Final
Rule
for
OMB
Review
62
The
Regional
Administrator
may
declare
an
air
pollution
alert,
air
pollution
warning,
or
air
pollution
emergency
whenever
it
is
determined
that
the
accumulation
of
air
pollutants
in
any
place
is
approaching,
or
has
reached,
levels
that
could
lead
to
a
threat
to
human
health.
Once
EPA
determines
that
it
is
appropriate
to
issue
an
air
stagnation
advisory
or
declare
an
air
pollution
alert,
air
pollution
warning,
or
air
pollution
emergency,
EPA
will
communicate
this
information
to
the
affected
public.
These
announcements
will
indicate
that
air
pollution
levels
exist
that
could
potentially
be
harmful
to
human
health,
describe
actions
that
people
can
take
to
reduce
exposure,

request
voluntary
actions
to
reduce
emissions
from
sources
of
air
pollutants,
and
indicate
that
a
ban
on
open
burning
is
in
effect.
A
ban
on
open
burning
goes
into
effect
whenever
the
Regional
Administrator
issues
an
air
stagnation
advisory
or
declares
an
air
pollution
alert,
air
pollution
warning,
or
air
pollution
emergency.

The
final
rule
is
revised
in
response
to
public
comments
to
indicate
that
the
Regional
Administrator,
and
not
the
National
Weather
Service,
will
issue
air
stagnation
advisories
for
the
purposes
of
this
rule
because
the
National
Weather
Service
no
longer
does
this
at
all
of
its
offices.

The
final
rule
is
also
revised
to
clarify
that
the
issuance
of
an
air
stagnation
advisory
or
the
declaration
of
an
air
pollution
alert,
warning,
or
emergency
is
a
discretionary
action
on
the
part
of
the
Regional
Administrator.
The
final
rule
is
also
revised
to
better
coordinate
the
burn
ban
provisions
under
this
section
and
§
49.131,
General
rule
for
open
burning.

Section
49.138
­
Registration
of
air
pollution
sources
and
reporting
of
emissions.

Any
person
who
owns
or
operates
an
air
pollution
source,
except
those
expressly
exempted
from
this
section,
will
be
required
to
annually
register
the
source
with
EPA
and
report
emissions.
A
person
subject
to
this
section
must
register
an
existing
air
pollution
source
by
no
later
than
May
28,
2004
Final
Rule
for
OMB
Review
63
February
15,
2007.
A
new
air
pollution
source
that
is
not
exempt
must
register
within
90
days
after
beginning
operation.
A
new
air
pollution
sources
is
defined
as
a
source
that
begins
actual
construction
after
the
effective
date
of
this
rule,
and
an
existing
air
pollution
source
is
a
source
that
exists
as
of
the
effective
date
of
this
rule
or
has
begun
actual
construction
before
the
effective
date
of
this
rule.
Sources
must
re­
register
each
year
and
provide
updates
on
any
changes
to
the
information
provided
in
the
previous
registration.
In
addition,
a
person
must
promptly
report
any
changes
in
ownership,
location
or
operation.
All
registration
information
and
reports
must
be
submitted
on
forms
provided
by
the
Regional
Administrator.
The
following
sources
are
exempt
from
this
section,
unless
the
source
is
subject
to
a
standard
established
under
section
111
or
section
112
of
the
CAA:
air
pollution
sources
that
do
not
have
the
potential
to
emit
more
than
two
tons
per
year
of
any
air
pollutant;
mobile
sources;
single­
family
residences
and
residential
buildings
with
four
or
fewer
units;
air
conditioning
units
used
for
human
comfort
that
do
not
exhaust
air
pollutants
into
the
atmosphere
from
any
manufacturing
or
industrial
process;

ventilating
units
used
for
human
comfort
that
do
not
exhaust
air
pollutants
into
the
atmosphere
from
any
manufacturing
or
industrial
process;
furnaces
and
boilers
used
exclusively
for
space
heating
with
a
rated
heat
input
capacity
of
less
than
400,000
Btu
per
hour;
cooking
of
food,

except
for
wholesale
businesses
that
both
cook
and
sell
cooked
food;
consumer
use
of
office
equipment
and
products;
janitorial
services
and
consumer
use
of
janitorial
products;
maintenance
and
repair
activities,
except
for
air
pollution
sources
engaged
in
the
business
of
maintaining
and
repairing
equipment;
agricultural
activities
and
forestry
and
silvicultural
activities,
including
agricultural
burning
and
forestry
and
silvicultural
burning;
and
open
burning.
Sources
subject
to
a
standard
established
under
section
111
or
section
112
of
the
CAA
must
register.
May
28,
2004
Final
Rule
for
OMB
Review
64
EPA
changed
the
date
when
initial
registration
is
due
for
existing
sources
from
one
year
after
the
effective
date
of
the
rule
to
February
15,
2007.
This
revision
will
provide
time
for
sources
to
have
a
complete
year's
worth
of
data
to
submit
and
will
provide
time
for
outreach
and
education
to
the
regulated
community
on
the
rule
requirements.
The
final
rule
is
revised
to
exempt
air
pollution
sources
with
relatively
insignificant
emissions
from
the
requirement
to
register
and
report
emissions.
Specifically,
sources
that
do
not
have
the
potential
to
emit
more
than
two
tons
per
year
of
any
air
pollutant
are
exempt.
The
final
definition
of
"
air
pollution
source"
is
also
revised
to
clarify
that
the
two
tons
per
year
exemption
applies
to
the
combined
emissions
from
all
of
the
buildings,
structures,
facilities,
installations,
activities,
and
equipment
at
a
location.
The
proposed
rule
exempted
from
registration
a
list
of
categories
of
sources
that
EPA
considered
to
produce
only
de
minimis
levels
of
pollutants
or
would
be
an
unreasonable
administrative
burden
to
register.
However,
sources
not
within
the
listed
categories
would
have
been
required
to
register,
regardless
of
how
little
air
pollution
is
emitted
by
the
source.
EPA
believes
that
an
accurate
inventory
of
sources
and
emissions
can
be
assembled
for
purposes
of
air
quality
management
without
requiring
these
sources
with
small
or
de
minimis
emission
levels
to
register.
This
is
the
same
cutoff
EPA
uses
to
define
insignificant
emissions
in
the
Federal
operating
permits
rule
at
40
CFR
71.5(
c)(
11)(
ii))(
A).
Exempting
small
sources
of
emissions
from
the
registration
rule
is
also
consistent
with
EPA's
objective
of
minimizing
the
implementation
burdens
upon
EPA
and
the
regulated
community.
It
is
important
to
note
that,
irrespective
of
emission
levels,
any
stationary
source
subject
to
a
standard
established
under
section
111
or
section
112
of
the
Act
is
not
exempt
and
must
register.
EPA
also
modified
two
of
the
categorical
exemptions
to
reduce
the
burden
of
this
section
on
EPA
and
the
regulated
industry.
Retail
May
28,
2004
Final
Rule
for
OMB
Review
65
businesses
that
both
cook
and
sell
cooked
food
(
restaurants)
are
exempt
from
this
section
and
all
air
conditioning
units
that
do
not
exhaust
air
pollutants
into
the
atmosphere
from
any
manufacturing
or
industrial
process
are
exempt
from
registration
regardless
of
whether
they
are
subject
to
Title
VI.
EPA
believes
that
most
of
these
sources
would
be
de
minimis
and
that
the
burden
of
registering
these
sources
outweighs
the
benefits
of
the
information
we
would
gain,
and
therefore,
EPA
is
revising
the
exemption
list.

The
final
rule
also
is
revised
to
exempt
part
71
sources
from
some
of
the
provisions
of
this
section.
Part
71
sources
are
only
required
to
annually
report
their
actual
emissions.
To
reduce
the
sources'
reporting
burden,
this
annual
report
is
to
be
submitted
at
the
same
time
as
the
part
71
source's
annual
emission
report
and
fee
calculation
worksheet
as
required
by
part
71
or
by
the
source's
part
71
permit.

The
final
rule
also
is
revised
to
clarify
the
information
that
must
be
submitted
with
the
initial
and
annual
registration
as
well
as
the
information
that
must
be
submitted
along
with
any
report
of
relocation
or
change
of
ownership.
The
final
rule
also
clarifies
the
pollutants
for
which
emissions
information
must
be
submitted.
This
list
of
pollutants
is
consistent
with
those
required
to
be
addressed
in
implementation
plans
and
to
be
reported
in
accordance
with
the
new
emissions
inventory
reporting
requirements
at
40
CFR
part
51,
subpart
A.

Section
49.139
­
Rule
for
non­
Title
V
operating
permits.
This
section
creates
a
permitting
program
that
can
be
used
to
establish
Federally­
enforceable
requirements
for
air
pollution
sources
on
Indian
reservations.
This
section
applies
in
the
following
three
situations:
1)

the
owner
or
operator
of
any
source
wishes
to
obtain
a
Federally­
enforceable
limitation
on
the
source's
actual
emissions
or
potential
to
emit
and
submits
an
application
to
the
Regional
May
28,
2004
Final
Rule
for
OMB
Review
66
Administrator
requesting
such
a
limitation;
2)
the
Regional
Administrator
determines
that
additional
Federally­
enforceable
requirements
for
a
source
are
necessary
to
ensure
compliance
with
the
FIP
or,
if
applicable,
TIP;
or
3)
the
Regional
Administrator
determines
that
additional
Federally­
enforceable
requirements
for
a
source
are
necessary
to
ensure
the
attainment
and
maintenance
of
any
NAAQS
or
PSD
increment.
In
these
three
situations,
the
Regional
Administrator
may
write
the
operating
permit,
following
the
consultation
and
public
comment
procedures
described
in
this
section.
Also
note
that
under
this
provision,
a
source
that
would
require
a
part
71
Federal
operating
permit
only
because
it
is
currently
a
major
stationary
source
may
obtain
an
operating
permit
under
this
section
that
limits
its
potential
to
emit
to
below
major
source
thresholds
so
that
the
source
is
not
subject
to
part
71.

The
final
rule
is
revised
to
clarify
that
the
public
will
have
an
opportunity
to
request
a
public
hearing
on
any
draft
permit.
If
EPA
decides
to
hold
a
public
hearing,
we
will
look
to
the
procedures
in
40
CFR
parts
124
and
71
for
guidance.

IV.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
EPA
must
determine
whether
the
regulatory
action
is
"
significant"
and
therefore
subject
to
Office
of
Management
and
Budget
(
OMB)
review
and
the
requirements
of
the
Executive
Order.
The
Order
defines
"
significant
regulatory
action"
as
one
that
is
likely
to
result
in
a
rule
that
may:

(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety,
or
Tribal,
State,
or
local
governments
or
communities;
May
28,
2004
Final
Rule
for
OMB
Review
67
(
2)
Create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;

(
3)
Materially
alter
the
budgetary
impact
of
entitlements,
grants,
user
fees,
or
loan
programs
or
the
rights
and
obligations
of
recipients
thereof;
or
(
4)
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.

Pursuant
to
the
terms
of
Executive
Order
12866,
EPA
has
determined
that
this
final
rule
is
a
"
significant
regulatory
action"
because
it
may
raise
novel
legal
or
policy
issues.
This
marks
the
first
time
that,
under
the
CAA,
EPA
has
promulgated
FIPs
for
specific
reservations
that
would
be
generally
applicable
to
all
sources
within
the
exterior
boundaries
of
those
reservations.

However,
EPA's
analysis
indicates
that
this
rulemaking
will
not
have
a
significant
economic
impact.
EPA
is
finding
that
many
sources
on
Indian
reservations
have
historically
been
following
similar
air
programs
that
are
established
by
State
and
local
agencies
acting
under
State
law
or
local
rules.
Although
EPA
has
not
approved
SIPs
as
extending
into
Indian
country
under
the
CAA,
nevertheless,
some
sources
located
on
Indian
reservations
have
made
efforts
to
follow
those
programs.
Most
industrial
sources
on
the
Region
10
reservations
have
installed
or
upgraded
air
pollution
control
equipment
to
conform
with
State
or
local
air
programs
without
challenging
the
authority
of
those
agencies
within
Indian
country.
As
a
result,
these
sources
already
have
pollution
controls
that
would
meet
State
and
local
requirements.

As
discussed
above
in
sections
I
and
II.
A,
this
final
rule
will
establish
regulatory
requirements
for
sources
under
the
authority
of
the
CAA
that
are
substantially
similar
to
the
requirements
of
adjacent
jurisdictions
that
most
sources
already
meet.
Thus,
it
is
EPA's
May
28,
2004
Final
Rule
for
OMB
Review
68
expectation
that
these
rules
will
not
impose
significant
costs
or
require
significant
changes
at
regulated
sources.
Nevertheless,
because
of
the
limited
precedent
this
final
rule
would
set,
this
action
was
submitted
to
OMB
for
review.
Any
written
comments
from
OMB
to
EPA,
any
written
EPA
response
to
those
comments,
and
any
changes
made
in
response
to
OMB
suggestions
or
recommendations
are
included
in
the
docket.
The
docket
is
available
for
public
inspection
at
the
EPA's
Air
Docket
Section
in
Washington
D.
C.
and
at
EPA
Region
10
in
Seattle,
Washington.

See
the
ADDRESSES
section
of
this
preamble
for
specific
addresses
and
times
when
the
docket
may
be
reviewed.

B.
Paperwork
Reduction
Act
The
information
collection
requirements
in
this
rule
have
been
submitted
for
approval
to
the
OMB
under
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
The
information
collection
requirements
are
not
enforceable
until
OMB
approves
them.

The
FIPs
in
this
final
rule
include
information
collection
requirements
associated
with
the
fugitive
particulate
matter
rule
in
§
49.126,
the
woodwaste
burner
rule
in
§
49.127;
the
rule
for
limiting
sulfur
in
fuels
in
§
49.130;
the
rule
for
open
burning
in
§
49.131;
the
rules
for
general
open
burning
permits,
agricultural
burning
permits,
and
forestry
and
silvicultural
burning
permits
in
§
§
49.132,
49.133,
and
49.134;
the
registration
rule
in
§
49.138;
and
the
rule
for
non­
Title
V
operating
permits
in
§
49.139.
EPA
believes
these
information
collection
requirements
are
appropriate
because
they
will
enable
EPA
to
develop
and
maintain
accurate
records
of
air
pollution
sources
and
their
emissions,
allow
EPA
to
issue
permits
or
approvals,
and
ensure
appropriate
records
are
available
to
verify
compliance
with
these
FIPs.
The
information
collection
requirements
listed
above
are
all
mandatory,
except
for
the
voluntary
requirements
in
§
49.131,
§
May
28,
2004
Final
Rule
for
OMB
Review
69
49.132,
§
49.133,
§
49.134,
and
the
owner­
requested
operating
permits
in
§
49.139.
Regulated
entities
can
assert
claims
of
business
confidentiality
and
EPA
would
treat
these
claims
in
accordance
with
the
provisions
of
40
CFR
part
2,
subpart
B.

The
reporting
and
recordkeeping
burden
for
this
collection
of
information
is
described
below.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.

EPA
estimates
that
the
owners
or
operators
of
facilities
affected
by
this
final
rule
will
incur
a
total,
for
all
affected
facilities,
of
$
114,803
in
annualized
labor
costs
and
$
17,475
in
annualized
non­
labor
costs
to
comply
with
the
information
collection
requirements
of
this
rule
over
the
first
three
years.

An
Agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
in
40
CFR
are
listed
in
40
CFR
part
9.
In
addition,
EPA
is
amending
the
table
in
40
CFR
part
9
of
currently
approved
OMB
control
numbers
for
various
regulations
to
list
the
regulatory
citations
for
the
information
requirements
contained
in
this
final
rule.
May
28,
2004
Final
Rule
for
OMB
Review
70
C.
Regulatory
Flexibility
Act
The
Regulatory
Flexibility
Act
(
RFA),
as
amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
SBREFA),
5
U.
S.
C.
601
et
seq.,
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Small
entities
include
small
businesses,
small
organizations,
and
small
governmental
jurisdictions.

For
purposes
of
assessing
the
impacts
of
today's
rule
on
small
entities,
a
small
entity
is
defined
as:
(
1)
a
small
business
as
defined
by
the
RFA
(
based
on
Small
Business
Administration
size
standards);
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,

school
district,
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)
a
small
organization
that
is
any
not­
for­
profit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.

After
considering
the
economic
impacts
of
today's
final
rule
on
small
entities,
we
certify
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
The
economic
analysis
that
EPA
prepared
for
this
rule
shows
the
total
annual
compliance
costs
of
the
final
rule
to
be
approximately
$
1,500
per
small
business
operating
on
the
affected
Indian
reservations.
The
cost­
to­
sales
ratio
for
small
business
entities
is
expected
to
be
less
than
one
percent
for
all
facilities,
even
when
the
worst­
case
scenario
is
applied.
EPA
identified
114
small
businesses
and
one
small
non­
Tribal
government
that
will
be
affected
by
this
rule
on
the
39
reservations.
May
28,
2004
Final
Rule
for
OMB
Review
71
Although
this
final
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities,
EPA
nonetheless
has
tried
to
reduce
the
impact
of
this
rule
on
small
entities.
Where
appropriate,
EPA
has
included
a
number
of
exemptions
in
this
rule
to
reduce
impacts
on
small
entities.
Included
are
exemptions
for
sources
considered
sufficiently
small,
such
as
households
or
the
owners
of
mobile
sources.
In
addition,
in
order
to
better
understand
the
implications
of
this
rule
on
small
entities,
EPA
consulted
extensively
with
Tribal
governments
regarding
the
potential
impacts
of
these
rules,
as
part
of
the
consultations
with
Tribal
representatives
(
see
section
F
below).

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
P.
L.
104­
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
their
regulatory
actions
on
Tribal,
State,

and
local
governments
and
the
private
sector.
Under
section
202
of
the
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
"
Federal
mandates"
that
may
result
in
expenditures
to
Tribal,
State,
and
local
governments,

in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
one
year.
Before
promulgating
an
EPA
rule
for
which
a
written
statement
is
needed,
section
205
of
the
UMRA
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
cost­
effective,
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
EPA
to
adopt
an
alternative
other
than
the
least
costly,
most
cost­
effective
or
least
burdensome
alternative
if
the
Administrator
publishes
with
the
final
rule
an
explanation
why
that
alternative
was
not
adopted.
Before
EPA
establishes
any
May
28,
2004
Final
Rule
for
OMB
Review
72
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
Tribal
governments,
it
must
have
developed
under
section
203
of
the
UMRA
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,

educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.

EPA
has
determined
that
this
final
rule
does
not
contain
a
Federal
mandate
that
may
result
in
expenditures
of
$
100
million
or
more
for
Tribal,
State,
and
local
governments,
in
the
aggregate,

or
the
private
sector
in
any
one
year.
With
regard
to
State
and
local
governments,
there
is
no
expenditure
because
these
rules
only
apply
on
Indian
reservations.
With
regard
to
Tribal
governments,
there
is
no
expenditure
to
implement
and
enforce
the
rule
because
the
rule
provides
that
EPA
will
take
on
that
responsibility
unless
a
Tribe
chooses
to
assist
EPA.
In
such
a
case,

EPA
will
seek
to
provide
funding
to
support
these
efforts.
Thus,
today's
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
UMRA.

In
developing
this
rule,
EPA
consulted
with
small
governments
pursuant
to
its
interim
plan
established
under
section
203
of
the
UMRA
to
address
impacts
of
regulatory
requirements
in
the
rules
that
might
significantly
or
uniquely
affect
small
governments.
As
explained
in
the
discussion
of
Executive
Order
13175
in
section
E
below,
among
other
things,
we
notified
all
potentially
affected
Tribal
governments
of
the
requirements
in
this
rule.
Further,
although
there
are
no
significant
Federal
intergovernmental
mandates,
we
provided
officials
of
all
potentially
affected
Tribal
governments
an
opportunity
for
meaningful
and
timely
input
in
the
development
of
the
regulatory
proposals.
Finally,
through
consultation
meetings
and
other
forums,
we
will
continue
May
28,
2004
Final
Rule
for
OMB
Review
73
to
keep
Tribal
governments
involved
by
providing
them
with
opportunities
for
learning
about
and
receiving
advice
on
compliance
with
the
regulatory
requirements.

E.
Executive
Order
13132:
Federalism
Executive
Order
13132,
entitled
"
Federalism"
(
64
FR
43255,
August
10,
1999),
requires
EPA
to
develop
an
accountable
process
to
ensure
"
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
Federalism
implications."
"
Policies
that
have
Federalism
implications"
is
defined
in
the
Executive
Order
to
include
regulations
that
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."

Under
section
6
of
Executive
Order
13132,
EPA
may
not
issue
a
regulation
that
has
Federalism
implications,
that
imposes
substantial
direct
compliance
costs,
and
that
is
not
required
by
statute,
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
State
and
local
governments,
or
EPA
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.
EPA
also
may
not
issue
a
regulation
that
had
Federalism
implications
and
that
preempts
State
law,
unless
the
Agency
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.

This
final
rule
does
not
have
Federalism
implications.
It
will
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.
These
rules
only
prescribe
regulations
for
facilities
in
areas
where
a
State
does
not
administer
an
approved
CAA
program,
and
thus
does
not
have
any
direct
effect
on
May
28,
2004
Final
Rule
for
OMB
Review
74
any
State.
Moreover,
it
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
CAA.
Thus,
Executive
Order
13132
does
not
apply
to
this
final
rule.

EPA
provided
advance
copies
of
the
draft
proposed
rule
to
State
and
local
authorities
in
Idaho,
Oregon,
and
Washington.
All
three
States
and
several
local
air
agencies
wrote
comment
letters
in
support
of
the
rule.
Generally,
the
States
are
pleased
that
EPA
is
developing
a
rule
for
Indian
reservations,
as
the
rule
will
create
more
parity
in
the
regulatory
environment
between
onreservation
and
off­
reservation
lands.
In
the
spirit
of
Executive
Order
13132,
and
consistent
with
EPA
policy
to
promote
communications
between
EPA
and
State
and
local
governments,
EPA
specifically
solicited
input
on
this
rule
from
State
and
local
officials
well
in
advance
of
publishing
the
proposed
rule,
and
we
also
received
many
comments
from
State
and
local
agencies
during
the
public
comment
period
that
we
considered
in
developing
the
final
rule.

F.
Executive
Order
13175:
Consultation
and
Coordination
With
Indian
Tribal
Governments
Executive
Order
13175,
entitled
"
Consultation
and
Coordination
with
Indian
Tribal
Governments"
(
65
FR
67249,
November
6,
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."
"
Policies
that
have
Tribal
implications"
is
defined
in
the
Executive
Order
to
include
regulations
that
have
"
substantial
direct
effects
on
one
or
more
Indian
Tribes,
on
the
relationship
between
the
Federal
government
and
the
Indian
Tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
Tribes."

Under
section
5(
b)
of
Executive
Order
13175,
EPA
may
not
issue
a
regulation
that
has
Tribal
implications,
that
imposes
substantial
direct
compliance
costs,
and
that
is
not
required
by
May
28,
2004
Final
Rule
for
OMB
Review
75
statute,
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
Tribal
governments,
or
EPA
consults
with
Tribal
officials
early
in
the
process
of
developing
the
proposed
regulation.
Under
section
5(
c)
of
Executive
Order
13175,
EPA
may
not
issue
a
regulation
that
has
Tribal
implications
and
that
preempts
Tribal
law,
unless
the
Agency
consults
with
Tribal
officials
early
in
the
process
of
developing
the
proposed
regulation.

EPA
has
concluded
that
this
final
rule
will
have
Tribal
implications.
These
regulations
would
significantly
affect
specific
Indian
reservation
communities
by
filling
the
gap
in
air
quality
regulations
and
thus
creating
a
level
of
air
quality
protection
not
previously
provided
under
the
CAA.
However,
the
air
quality
requirements
promulgated
here
are
applicable
broadly
to
all
sources
within
the
identified
Indian
reservation
areas,
and
are
not
uniquely
applicable
to
Tribal
governments.
The
gap­
filling
approach
used
in
this
rule
would
create
Federal
requirements
similar
to
those
that
are
already
in
place
in
jurisdictions
adjacent
to
the
reservations
covered
by
the
proposal.
Tribal
governments
may
incur
some
compliance
costs
in
meeting
those
requirements
that
apply
to
sources
they
own
or
operate;
however,
the
economic
impacts
analysis
does
not
indicate
that
those
costs
will
be
significant.
Finally,
although
Tribal
governments
are
encouraged
to
partner
with
EPA
on
the
implementation
of
these
regulations,
they
are
not
required
to
do
so.

EPA
will
seek
to
provide
funding
to
Tribes
that
apply
for
partial
delegation
of
administrative
authority
to
administer
specific
provisions
to
support
their
activities.
Since
this
final
rule
will
neither
impose
substantial
direct
compliance
costs
on
Tribal
governments,
nor
preempt
Tribal
law,

the
requirements
of
sections
5(
b)
and
5(
c)
of
the
Executive
Order
do
not
apply
to
this
rule.

Consistent
with
EPA
policy,
EPA
consulted
with
Tribal
officials
and
representatives
of
Tribal
governments
early
in
the
process
of
developing
this
regulation
to
permit
them
to
have
May
28,
2004
Final
Rule
for
OMB
Review
76
meaningful
and
timely
input
into
its
development.
The
concept
for
this
final
rule
grew
from
discussions
related
to
implementation
of
the
CAA
and
the
TAR
with
Tribes
throughout
Region
10
who
are
engaged
in
developing
Tribal
air
quality
programs.
EPA
Region
10
began
assembling
an
inventory
of
air
pollution
sources
in
1995,
and
EPA
has
been
working
with
Tribes
and
other
air
management
agencies
since
then
to
better
determine
the
need
for
specific
rules
and
to
evaluate
alternatives
for
Tribal
and
Federal
programs.

In
1999
and
2000,
EPA
consulted
with
interested
Tribal
leaders,
managers,
technical
staff,

and
attorneys
to
obtain
their
views
and
input
on
the
development
of
the
proposed
rule.
The
Administrative
Requirements
section
of
the
Federal
Register
notice
for
the
proposed
rule
(
67
FR
11748)
contains
a
summary
of
the
early
consultation
process,
and
the
Consultation
Record
in
the
docket
provides
detailed
information
on
the
consultations.
Based
on
these
discussions
and
the
inventory
of
air
pollution
sources,
EPA
proposed,
and
promulgates
today,
a
rule
that
is
tailored
to
the
air
quality
issues
of
the
reservations
in
Idaho,
Oregon,
and
Washington.

The
proposed
rule
was
published
on
March,
15,
2002.
EPA
received
written
comments
from
seven
of
the
42
Tribes
in
Idaho,
Oregon,
and
Washington.
Following
publication
of
the
proposed
rule
and
review
of
all
comments
received,
EPA
offered
Tribes
consultation
on
the
rule.

In
September,
October,
and
November
of
2003,
EPA
met
with
a
number
of
Tribes
in
Seattle
and
on
the
Chehalis,
Coeur
d'Alene,
Nez
Perce,
Quinault,
Snoqualmie,
Tulalip,
and
Umatilla
Reservations.
The
purpose
of
these
meetings
was
to
discuss
a
range
of
options
EPA
was
considering
as
a
result
of
the
public
comment
received
on
the
proposed
rule
and
to
obtain
Tribal
views
and
input
on
these
options.
EPA
also
held
three
conference
calls
with
Tribes
to
discuss
these
options
and
sent
three
letters
to
the
Tribal
governments
of
all
Tribes
in
Idaho,
Oregon,
and
May
28,
2004
Final
Rule
for
OMB
Review
77
Washington
to
inform
them
of
the
opportunities
to
consult.
In
total,
approximately
21
Tribes
participated
in
these
consultation
opportunities.
Please
see
the
Consultation
Record
in
the
docket
for
this
rule
for
more
detailed
information
on
the
consultations.

As
required
by
section
7(
a),
EPA's
Tribal
Consultation
Official
has
certified
that
the
requirements
of
the
Executive
Order
have
been
met
in
a
meaningful
and
timely
manner.
A
copy
of
the
certification
is
included
in
the
docket
for
this
rule.

G.
Executive
Order
13045:
Protection
of
Children
From
Environmental
Health
Risks
and
Safety
Risks
Executive
Order
13045
(
62
FR
19885,
April
23,
1997)
applies
to
any
rule
that:
(
1)
is
determined
to
be
"
economically
significant"
as
defined
under
Executive
Order
12866,
and
(
2)

concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.

This
final
rule
is
not
subject
to
the
Executive
Order
because
it
is
not
economically
significant
as
defined
in
Executive
Order
12866.
Further,
it
does
not
concern
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
disproportionate
effect
on
children.

H.
Executive
Order
13211:
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
This
final
rule
is
not
a
"
significant
energy
action"
as
defined
in
Executive
Order
13211,

"
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use"
May
28,
2004
Final
Rule
for
OMB
Review
78
(
66
FR
28355,
May
22,
2001)
because
it
is
not
likely
to
have
a
significant
adverse
effect
on
the
supply,
distribution,
or
use
of
energy.
We
have
concluded
that
this
rule
is
not
likely
to
have
any
adverse
energy
effects,
because
most
of
the
facilities
affected
already
have
the
pollution
controls
in
place
to
enable
them
to
comply
with
these
rules.

I.
NTTAA
National
Technology
Transfer
and
Advancement
Act
As
noted
in
the
proposed
rule,
section
12(
d)
of
NTTAA,
Public
Law
No.
104­
113,
section
12(
d)
(
15
U.
S.
C.
272
note)
directs
EPA
to
use
voluntary
consensus
standards
in
its
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.

Voluntary
consensus
standards
are
technical
standards
(
e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
business
practices)
that
are
developed
or
adopted
by
voluntary
consensus
standards
bodies.
The
NTTAA
directs
EPA
to
provide
Congress,
through
OMB,

explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
standards.

This
final
rule
includes
a
number
of
voluntary
consensus
standards
developed
or
adopted
by
ASTM
International,
which
are
listed
below
in
§
49.123(
e)
for
incorporation
by
reference.
In
response
to
a
comment
on
the
proposed
rule
by
ASTM
International,
the
final
rule
includes
the
latest
update
for
each
standard
and
method.
This
final
rule
also
includes
a
number
of
generally
accepted
test
methods
previously
promulgated
by
EPA
in
other
Federal
rulemakings.
We
have
not
created
any
new
EPA
standards
or
test
methods
for
use
in
this
rule.

J.
Congressional
Review
Act
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
May
28,
2004
Final
Rule
for
OMB
Review
79
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
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).
This
rule
will
be
effective
[
INSERT
DATE
60
DAYS
AFTER
PUBLICATION
IN
THE
FEDERAL
REGISTER].

K.
Executive
Order
12898:
Environmental
Justice
Strategy
Executive
Order
12898,
"
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations,"
(
59
FR
7629,
February
19,
1994)
requires
each
Federal
agency
to
address
and
identify
"
disproportionally
high
and
adverse
human
health
or
environmental
effects
of
its
programs,
policies,
and
activities
on
minority
and
low­
income
populations"
(
section
1.1).

This
rule
is
designed
to
protect
human
health
and
air
quality
resources
on
Indian
reservations
in
Idaho,
Oregon,
and
Washington.
Although
there
are
non­
Indians
living
and/
or
working
on
some
of
the
reservations,
the
populations
primarily
affected
by
these
rules
are
minorities,
because
most
people
living
on
the
majority
of
affected
reservations
are
American
Indians.
These
reservations
tend
to
have
very
low
per
capita
incomes
relative
to
the
U.
S.
average,

with
a
large
percentage
of
the
population
below
the
poverty
line.
Therefore,
the
people
living
where
this
rule
applies
tend
to
be
low
income,
as
well
as
a
minority.
This
final
rule
will
not
impose
any
negative
environmental
impacts
on
the
people
on
the
affected
reservations.
May
28,
2004
Final
Rule
for
OMB
Review
80
Therefore,
there
is
no
environmental
justice
concern
in
this
case
because
this
rule
will
improve
human
health
and
environmental
conditions
of
a
disadvantaged
population
in
Region
10.

L.
Petitions
for
Judicial
Review
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
[
INSERT
DATE
60
DAYS
AFTER
PUBLICATION
IN
THE
FEDERAL
REGISTER].
Filing
a
petition
for
reconsideration
by
the
Administrator
of
this
final
rule
does
not
affect
the
finality
of
this
rule
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).)
May
28,
2004
Final
Rule
for
OMB
Review
81
Signature
Page
Federal
Implementation
Plans
under
the
Clean
Air
Act
for
Indian
Reservations
in
Idaho,
Oregon
and
Washington
Docket
#:
OAR­
2004­
0067
Page
81
of
287.

List
of
Subjects
40
CFR
Part
49
Environmental
protection,
Air
pollution
control,
Administrative
practice
and
procedure,

Incorporation
by
reference,
Indians,
Intergovernmental
relations,
Reporting
and
recordkeeping
requirements.

40
CFR
Part
9
Environmental
protection,
Reporting
and
recordkeeping
requirements.

Dated:
________________
_______________________________
Michael
O.
Leavitt,
Administrator.
May
28,
2004
Final
Rule
for
OMB
Review
82
For
the
reasons
set
out
in
the
preamble,
Parts
49
and
9,
title
40,
chapter
I
of
the
Code
of
Federal
Regulations
are
amended
to
read
as
follows:

PART
49
­
TRIBAL
CLEAN
AIR
ACT
AUTHORITY
1.
The
authority
citation
for
part
49
continues
to
read
as
follows:

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

2.
Part
49
is
amended
by
adding
subpart
C
to
read
as
follows:

Subpart
C
­­
General
Federal
Implementation
Plan
Provisions
Sec.

49.101­
49.120
[
Reserved]

GENERAL
RULES
FOR
APPLICATION
TO
INDIAN
RESERVATIONS
IN
EPA
REGION
10
49.121
Introduction.

49.122
Partial
delegation
of
administrative
authority
to
a
Tribe.

49.123
General
provisions.
May
28,
2004
Final
Rule
for
OMB
Review
83
49.124
Rule
for
limiting
visible
emissions.

49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

49.127
Rule
for
woodwaste
burners.

49.128
Rule
for
limiting
particulate
matter
emissions
from
wood
products
industry
sources.

49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

49.130
Rule
for
limiting
sulfur
in
fuels.

49.131
General
rule
for
open
burning.

49.132
Rule
for
general
open
burning
permits.

49.133
Rule
for
agricultural
burning
permits.

49.134
Rule
for
forestry
and
silvicultural
burning
permits.

49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

49.136
Rule
for
emissions
detrimental
to
persons,
property,
cultural
or
traditional
resources
(
Tribal
Alternative
Rule).

49.137
Rule
for
air
pollution
episodes.

49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

49.139
Rule
for
non­
Title
V
operating
permits.

49.140­
49.200
[
Reserved]

Subpart
C
­­
General
Federal
Implementation
Plan
Provisions
§
§
49.101­
49.120
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
84
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10
§
49.121
Introduction.

(
a)
What
is
the
purpose
of
the
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"?
These
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"
establish
emission
limitations
and
other
requirements
for
air
pollution
sources
located
within
Indian
reservations
in
Idaho,
Oregon,
and
Washington
that
are
appropriate
in
order
to
ensure
a
basic
level
of
air
pollution
control
and
to
protect
public
health
and
welfare.

(
b)
How
were
these
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"
developed?
These
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"

were
developed
in
consultation
with
the
Indian
Tribes
located
in
Idaho,
Oregon,
and
Washington
and
with
input
from
the
public
and
State
and
local
governments
in
Region
10.
These
general
rules
take
into
consideration
the
current
air
quality
situations
within
Indian
reservations,
the
known
sources
of
air
pollution,
the
needs
and
concerns
of
the
Indian
Tribes
in
that
portion
of
Region
10,

and
the
air
quality
rules
in
adjacent
jurisdictions.

(
c)
When
are
these
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"
applicable
to
sources
on
a
particular
Indian
reservation?
These
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"
apply
to
air
pollution
sources
on
a
particular
Indian
reservation
when
EPA
has
specifically
promulgated
one
or
more
rules
for
that
reservation.
Rules
will
be
promulgated
through
notice
and
comment
rulemaking
and
will
be
specifically
identified
in
the
implementation
plan
for
that
reservation
in
Subpart
M
­
May
28,
2004
Final
Rule
for
OMB
Review
85
Implementation
Plans
for
Tribes
­
Region
10,
of
this
part.
These
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"
apply
only
to
air
pollution
sources
located
within
the
exterior
boundaries
of
an
Indian
reservation
or
other
reservation
lands
specified
in
subpart
M
of
this
part.

§
49.122
Partial
delegation
of
administrative
authority
to
a
Tribe.

(
a)
What
is
the
purpose
of
this
section?
The
purpose
of
this
section
is
to
establish
the
process
by
which
the
Regional
Administrator
may
delegate
to
an
Indian
Tribe
partial
authority
to
administer
one
or
more
of
the
Federal
requirements
in
effect
in
subpart
M
of
this
part
for
a
particular
Indian
reservation.
The
Federal
requirements
administered
by
the
delegated
Tribe
will
be
subject
to
enforcement
by
EPA
under
Federal
law.
This
section
provides
for
administrative
delegation
and
does
not
affect
the
eligibility
criteria
under
§
49.6
for
treatment
in
the
same
manner
as
a
State.

(
b)
How
does
a
Tribe
request
partial
delegation
of
administrative
authority?
In
order
to
be
delegated
authority
to
administer
one
or
more
of
the
Federal
requirements
that
are
in
effect
in
subpart
M
of
this
part
for
a
particular
Indian
reservation,
the
Tribe
must
submit
a
request
to
the
Regional
Administrator
that:

(
1)
Identifies
the
specific
provisions
for
which
delegation
is
requested;

(
2)
Identifies
the
Indian
reservation
for
which
delegation
is
requested;

(
3)
Includes
a
statement
by
the
applicant's
legal
counsel
(
or
equivalent
official)
that
includes
the
following
information:
May
28,
2004
Final
Rule
for
OMB
Review
86
(
i)
A
statement
that
the
applicant
is
an
Indian
Tribe
recognized
by
the
Secretary
of
the
Interior;

(
ii)
A
descriptive
statement
demonstrating
that
the
applicant
is
currently
carrying
out
substantial
governmental
duties
and
powers
over
a
defined
area
and
that
it
meets
the
requirements
of
§
49.7(
a)(
2);
and
(
iii)
A
description
of
the
laws
of
the
Indian
Tribe
that
provide
adequate
authority
to
carry
out
the
aspects
of
the
provisions
for
which
delegation
is
requested;
and
(
4)
Demonstrates
that
the
Tribe
has,
or
will
have,
the
technical
capability
and
adequate
resources
to
carry
out
the
aspects
of
the
provisions
for
which
delegation
is
requested.

(
c)
How
is
the
partial
delegation
of
administrative
authority
accomplished?

(
1)
A
Partial
Delegation
of
Administrative
Authority
Agreement
will
set
forth
the
terms
and
conditions
of
the
delegation,
will
specify
the
provisions
that
the
Tribe
will
be
authorized
to
implement,
and
will
be
entered
into
by
the
Regional
Administrator
and
the
Tribe.
The
Agreement
will
become
effective
upon
the
date
that
both
the
Regional
Administrator
and
the
Tribe
have
signed
the
Agreement.
Once
the
delegation
becomes
effective,
the
Tribe
will
have
the
authority
under
the
Clean
Air
Act,
to
the
extent
specified
in
the
Agreement,
for
administering
one
or
more
of
the
Federal
requirements
that
are
in
effect
in
subpart
M
of
this
part
for
the
particular
Indian
reservation
and
will
act
on
behalf
of
the
Regional
Administrator.

(
2)
A
Partial
Delegation
of
Administrative
Authority
Agreement
may
be
modified,
amended,

or
revoked,
in
part
or
in
whole,
by
the
Regional
Administrator
after
consultation
with
the
Tribe.

Any
substantive
modifications
or
amendments
will
be
subject
to
the
procedures
in
paragraph
(
d)

of
this
section.
May
28,
2004
Final
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for
OMB
Review
87
(
d)
How
will
any
partial
delegation
of
administrative
authority
be
publicized?

(
1)
Prior
to
making
any
final
decision
to
delegate
partial
administrative
authority
to
a
Tribe
under
this
section,
EPA
will
consult
with
appropriate
governmental
entities
outside
of
the
specified
reservation
and
city
and
county
governments
located
within
the
boundaries
of
the
specified
reservation.

(
2)
The
Regional
Administrator
will
publish
a
notice
in
the
Federal
Register
informing
the
public
of
any
Partial
Delegation
of
Administrative
Authority
Agreement
for
a
particular
Indian
reservation
and
will
note
such
delegation
in
the
implementation
plan
for
the
Indian
reservation.

The
Regional
Administrator
will
also
publish
an
announcement
of
the
partial
delegation
agreement
in
local
newspapers.

§
49.123
General
provisions.

(
a)
Definitions.
The
following
definitions
apply
for
the
purposes
of
the
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10."
Terms
not
defined
herein
have
the
meaning
given
to
them
in
the
Act.

Act
means
the
Clean
Air
Act,
as
amended
(
42
U.
S.
C.
7401
et
seq.).

Actual
emissions
means
the
actual
rate
of
emissions,
in
tons
per
year,
of
an
air
pollutant
emitted
from
an
air
pollution
source.
For
an
existing
air
pollution
source,
the
actual
emissions
are
the
actual
rate
of
emissions
for
the
preceding
calendar
year
and
must
be
calculated
using
the
actual
operating
hours,
production
rates,
in­
place
control
equipment,
and
types
of
materials
processed,
stored,
or
combusted
during
the
preceding
calendar
year.
For
a
new
air
pollution
May
28,
2004
Final
Rule
for
OMB
Review
88
source
that
did
not
operate
during
the
preceding
calendar
year,
the
actual
emissions
are
the
estimated
actual
rate
of
emissions
for
the
current
calendar
year.

Administrator
means
the
Administrator
of
the
United
States
Environmental
Protection
Agency
(
EPA)
or
an
authorized
representative
of
the
Administrator.

Agricultural
activities
means
the
usual
and
customary
activities
of
cultivating
the
soil,

producing
crops,
and
raising
livestock
for
use
and
consumption.
Agricultural
activities
do
not
include
manufacturing,
bulk
storage,
handling
for
resale,
or
the
formulation
of
any
agricultural
chemical.

Agricultural
burning
means
burning
of
vegetative
debris
from
an
agricultural
activity
that
is
necessary
for
disease
or
pest
control,
or
for
crop
propagation
and/
or
crop
rotation.

Air
pollutant
means
any
air
pollution
agent
or
combination
of
such
agents,
including
any
physical,
chemical,
biological,
radioactive
(
including
source
material,
special
nuclear
material,
and
by­
product
material)
substance
or
matter
that
is
emitted
into
or
otherwise
enters
the
ambient
air.

Such
term
includes
any
precursors
to
the
formation
of
any
air
pollutant,
to
the
extent
the
Administrator
has
identified
such
precursor
or
precursors
for
the
particular
purpose
for
which
the
term
air
pollutant
is
used.

Air
pollution
source
(
or
source)
means
any
building,
structure,
facility,
installation,
activity,
or
equipment,
or
combination
of
these,
that
emits,
or
may
emit,
an
air
pollutant.

Allowable
emissions
means
the
emission
rate
of
an
air
pollution
source
calculated
using
the
maximum
rated
capacity
of
the
source
(
unless
the
source
is
subject
to
Federally­
enforceable
limits
that
restrict
the
operating
rate,
hours
of
operation,
or
both)
and
the
most
stringent
of
the
following:
May
28,
2004
Final
Rule
for
OMB
Review
89
(
1)
The
applicable
standards
in
40
CFR
parts
60,
61,
62,
and
63;

(
2)
The
applicable
implementation
plan
emission
limitations,
including
those
with
a
future
compliance
date;
or
(
3)
The
emissions
rates
specified
in
Federally­
enforceable
permit
conditions.

Ambient
air
means
that
portion
of
the
atmosphere,
external
to
buildings,
to
which
the
general
public
has
access.

British
thermal
unit
(
Btu)
means
the
quantity
of
heat
necessary
to
raise
the
temperature
of
one
pound
of
water
one
degree
Fahrenheit.

Coal
means
all
fuels
classified
as
anthracite,
bituminous,
sub­
bituminous,
or
lignite
by
ASTM
International
in
ASTM
Method
D388­
99e1,
Standard
Classification
of
Coals
by
Rank.

Combustion
source
means
any
air
pollution
source
that
combusts
a
solid
fuel,
liquid
fuel,
or
gaseous
fuel,
or
an
incinerator.

Continuous
emissions
monitoring
system
(
CEMS)
means
the
total
equipment
used
to
sample,

condition
(
if
applicable),
analyze,
and
provide
a
permanent
record
of
emissions.

Continuous
opacity
monitoring
system
(
COMS)
means
the
total
equipment
used
to
sample,

analyze,
and
provide
a
permanent
record
of
opacity.

Distillate
fuel
oil
means
any
oil
meeting
the
specifications
of
ASTM
Grade
1
or
Grade
2
fuel
oils
in
ASTM
Method
D396­
02a,
Standard
Specification
for
Fuel
Oils.

Emission
means
a
direct
or
indirect
release
into
the
atmosphere
of
any
air
pollutant,
or
air
pollutants
released
into
the
atmosphere.
May
28,
2004
Final
Rule
for
OMB
Review
90
Emission
factor
means
an
estimate
of
the
amount
of
an
air
pollutant
that
is
released
into
the
atmosphere,
as
the
result
of
an
activity,
in
terms
of
mass
of
emissions
per
unit
of
activity
(
for
example,
the
pounds
of
sulfur
dioxide
emitted
per
gallon
of
fuel
burned).

Emission
unit
means
any
part
of
an
air
pollution
source
that
emits,
or
may
emit,
air
pollutants
into
the
atmosphere.

Federally
enforceable
means
all
limitations
and
conditions
that
are
enforceable
by
the
Administrator.

Forestry
or
silvicultural
activities
means
those
activities
associated
with
regeneration,

growing,
and
harvesting
of
trees
and
timber
including,
but
not
limited
to,
preparing
sites
for
new
stands
of
trees
to
be
either
planted
or
allowed
to
regenerate
through
natural
means,
road
construction
and
road
maintenance,
fertilization,
logging
operations,
and
forest
management
techniques
employed
to
enhance
the
growth
of
stands
of
trees
or
timber.

Forestry
or
silvicultural
burning
means
burning
of
vegetative
debris
from
a
forestry
or
silvicultural
activity
that
is
necessary
for
disease
or
pest
control,
reduction
of
fire
hazard,

reforestation,
or
ecosystem
management.

Fuel
means
any
solid,
liquid,
or
gaseous
material
that
is
combusted
in
order
to
produce
heat
or
energy.

Fuel
oil
means
a
liquid
fuel
derived
from
crude
oil
or
petroleum,
including
distillate
oil,

residual
oil,
and
used
oil.

Fugitive
dust
means
a
particulate
matter
emission
made
airborne
by
forces
of
wind,

mechanical
disturbance
of
surfaces,
or
both.
Unpaved
roads,
construction
sites,
and
tilled
land
are
examples
of
sources
of
fugitive
dust.
May
28,
2004
Final
Rule
for
OMB
Review
91
Fugitive
particulate
matter
means
particulate
matter
emissions
that
do
not
pass
through
a
stack,
chimney,
vent,
or
other
functionally
equivalent
opening.
Fugitive
particulate
matter
includes
fugitive
dust.

Garbage
means
food
wastes.

Gaseous
fuel
means
any
fuel
that
exists
in
a
gaseous
state
at
standard
conditions
including,
but
not
limited
to,
natural
gas,
propane,
fuel
gas,
process
gas,
and
landfill
gas.

Grate
cleaning
means
removing
ash
from
fireboxes.

Hardboard
means
a
flat
panel
made
from
wood
that
has
been
reduced
to
basic
wood
fibers
and
bonded
by
adhesive
properties
under
pressure.

Heat
input
means
the
total
gross
calorific
value
(
where
gross
calorific
value
is
measured
by
ASTM
Method
D240­
02,
D1826­
94(
2003),
D5865­
03a,
or
E711­
87(
2004))
of
all
fuels
burned.

Implementation
plan
means
a
Tribal
implementation
plan
approved
by
EPA
pursuant
to
this
part
or
40
CFR
part
51,
or
a
Federal
implementation
plan
promulgated
by
EPA
in
this
part
or
in
40
CFR
part
52
that
applies
in
Indian
country,
or
a
combination
of
Tribal
and
Federal
implementation
plans.

Incinerator
means
any
device,
including
a
flare,
designed
to
reduce
the
volume
of
solid,
liquid,

or
gaseous
waste
by
combustion.
This
includes
air
curtain
incinerators,
but
does
not
include
open
burning.

Indian
country
means:

(
1)
All
land
within
the
limits
of
any
Indian
reservation
under
the
jurisdiction
of
the
United
States
government,
notwithstanding
the
issuance
of
any
patent,
and
including
rights­
of­
way
running
through
the
reservation;
May
28,
2004
Final
Rule
for
OMB
Review
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(
2)
All
dependent
Indian
communities
within
the
borders
of
the
United
States
whether
within
the
original
or
subsequently
acquired
territory
thereof,
and
whether
within
or
without
the
limits
of
a
State;
and
(
3)
All
Indian
allotments,
the
Indian
titles
to
which
have
not
been
extinguished,
including
rights­
of­
way
running
through
the
same.

Marine
vessel
means
a
waterborne
craft,
ship,
or
barge.

Mobile
sources
means
locomotives,
aircraft,
motor
vehicles,
nonroad
vehicles,
nonroad
engines,
and
marine
vessels.

Motor
vehicle
means
any
self­
propelled
vehicle
designed
for
transporting
people
or
property
on
a
street
or
highway.

New
air
pollution
source
means
an
air
pollution
source
that
begins
actual
construction
after
the
effective
date
of
the
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10".

Noncombustibles
means
materials
that
are
not
flammable,
capable
of
catching
fire,
or
burning.

Nonroad
engine
means:

(
1)
Except
as
discussed
below,
any
internal
combustion
engine:

(
i)
In
or
on
a
piece
of
equipment
that
is
self­
propelled
or
that
serves
a
dual
purpose
by
both
propelling
itself
and
performing
another
function
(
such
as
garden
tractors,
off­
highway
mobile
cranes,
and
bulldozers);
or
(
ii)
In
or
on
a
piece
of
equipment
that
is
intended
to
be
propelled
while
performing
its
function
(
such
as
lawnmowers
and
string
trimmers);
or
May
28,
2004
Final
Rule
for
OMB
Review
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(
iii)
That,
by
itself
or
in
or
on
a
piece
of
equipment,
is
portable
or
transportable,
meaning
designed
to
be
and
capable
of
being
carried
or
moved
from
one
location
to
another.
Indicia
of
transportability
include,
but
are
not
limited
to,
wheels,
skids,
carrying
handles,
dolly,
trailer,
or
platform.

(
2)
An
internal
combustion
engine
is
not
a
nonroad
engine
if:

(
i)
The
engine
is
used
to
propel
a
motor
vehicle
or
a
vehicle
used
solely
for
competition,
or
is
subject
to
standards
promulgated
under
section
202
of
the
Act;
or
(
ii)
The
engine
is
regulated
by
a
Federal
new
source
performance
standard
promulgated
under
section
111
of
the
Act;
or
(
iii)
The
engine
that
is
otherwise
portable
or
transportable
remains
or
will
remain
at
a
location
for
more
than
12
consecutive
months
or
a
shorter
period
of
time
for
an
engine
located
at
a
seasonal
source.
A
location
is
any
single
site
at
a
building,
structure,
facility,
or
installation.
Any
engine
(
or
engines)
that
replaces
an
engine
at
a
location
and
that
is
intended
to
perform
the
same
or
similar
function
as
the
engine
replaced
will
be
included
in
calculating
the
consecutive
time
period.
An
engine
located
at
a
seasonal
source
is
an
engine
that
remains
at
a
seasonal
source
during
the
full
annual
operating
period
of
the
seasonal
source.
For
purposes
of
this
paragraph,
a
seasonal
source
is
a
stationary
source
that
remains
in
a
single
location
on
a
permanent
basis
(
i.
e.,

at
least
2
years)
and
that
operates
at
that
single
location
approximately
3
months
(
or
more)
each
year.
This
paragraph
does
not
apply
to
an
engine
after
the
engine
is
removed
from
the
location.

Nonroad
vehicle
means
a
vehicle
that
is
powered
by
a
nonroad
engine
and
that
is
not
a
motor
vehicle
or
a
vehicle
used
solely
for
competition.
May
28,
2004
Final
Rule
for
OMB
Review
94
Oil­
fired
boiler
means
a
furnace
or
boiler
used
for
combusting
fuel
oil
for
the
primary
purpose
of
producing
steam
or
hot
water
by
heat
transfer.

Opacity
means
the
degree
to
which
emissions
reduce
the
transmission
of
light
and
obscure
the
view
of
an
object
in
the
background.
For
continuous
opacity
monitoring
systems,
opacity
means
the
fraction
of
incident
light
that
is
attenuated
by
an
optical
medium.

Open
burning
means
the
burning
of
a
material
that
results
in
the
products
of
combustion
being
emitted
directly
into
the
atmosphere
without
passing
through
a
stack.
Open
burning
includes
burning
in
burn
barrels.

Owner
or
operator
means
any
person
who
owns,
leases,
operates,
controls,
or
supervises
an
air
pollution
source.

Part
71
source
means
any
source
subject
to
the
permitting
requirements
of
40
CFR
part
71,
as
provided
in
§
§
71.3(
a)
and
71.3(
b).

Particleboard
means
a
matformed
flat
panel
consisting
of
wood
particles
bonded
together
with
synthetic
resin
or
other
suitable
binder.

Particulate
matter
means
any
airborne
finely
divided
solid
or
liquid
material,
other
than
uncombined
water.
Particulate
matter
includes,
but
is
not
limited
to,
PM10
and
PM2.5.

Permit
to
construct
or
construction
permit
means
a
permit
issued
by
the
Regional
Administrator
pursuant
to
40
CFR
part
52,
or
a
permit
issued
by
a
Tribe
pursuant
to
a
program
approved
by
the
Administrator
under
40
CFR
part
51,
subpart
I,
authorizing
the
construction
or
modification
of
a
stationary
source.

Permit
to
operate
or
operating
permit
means
a
permit
issued
by
the
Regional
Administrator
pursuant
to
§
49.139
or
40
CFR
part
71,
or
by
a
Tribe
pursuant
to
a
program
approved
by
the
May
28,
2004
Final
Rule
for
OMB
Review
95
Administrator
under
40
CFR
part
51
or
40
CFR
part
70,
authorizing
the
operation
of
a
stationary
source.

Plywood
means
a
flat
panel
built
generally
of
an
odd
number
of
thin
sheets
of
veneers
of
wood
in
which
the
grain
direction
of
each
ply
or
layer
is
at
right
angles
to
the
one
adjacent
to
it.

PM10
means
particulate
matter
with
an
aerodynamic
diameter
less
than
or
equal
to
10
micrometers.

PM2.5
means
particulate
matter
with
an
aerodynamic
diameter
less
than
or
equal
to
2.5
micrometers.

Potential
to
emit
means
the
maximum
capacity
of
an
air
pollution
source
to
emit
an
air
pollutant
under
its
physical
and
operational
design.
Any
physical
or
operational
limitation
on
the
capacity
of
the
air
pollution
source
to
emit
an
air
pollutant,
including
air
pollution
control
equipment
and
restrictions
on
hours
of
operation
or
on
the
type
or
amount
of
material
combusted,

stored,
or
processed,
shall
be
treated
as
part
of
its
design
if
the
limitation
or
the
effect
it
would
have
on
emissions
is
Federally
enforceable.

Press/
Cooling
vent
means
any
opening
through
which
particulate
and
gaseous
emissions
from
plywood,
particleboard,
or
hardboard
manufacturing
are
exhausted,
either
by
natural
draft
or
powered
fan,
from
the
building
housing
the
process.
Such
openings
are
generally
located
immediately
above
the
board
press,
board
unloader,
or
board
cooling
area.

Process
source
means
an
air
pollution
source
using
a
procedure
or
combination
of
procedures
for
the
purpose
of
causing
a
change
in
material
by
either
chemical
or
physical
means,
excluding
combustion.

Rated
capacity
means
the
maximum
sustainable
capacity
of
the
equipment.
May
28,
2004
Final
Rule
for
OMB
Review
96
Reference
method
means
any
method
of
sampling
and
analyzing
for
an
air
pollutant
as
specified
in
the
applicable
section.

Refuse
means
all
solid,
liquid,
or
gaseous
waste
material,
including
but
not
limited
to,
garbage,

trash,
household
refuse,
municipal
solid
waste,
construction
or
demolition
debris,
or
waste
resulting
from
the
operation
of
any
business,
trade,
or
industry.

Regional
Administrator
means
the
Regional
Administrator
of
EPA
Region
10
or
an
authorized
representative
of
the
Regional
Administrator.

Residual
fuel
oil
means
any
oil
meeting
the
specifications
of
ASTM
Grade
4,
Grade
5,
or
Grade
6
fuel
oils
in
ASTM
Method
D396­
02a,
Standard
Specification
for
Fuel
Oils.

Smudge
pot
means
a
portable
heater/
burner
that
produces
thick
heavy
smoke
and
that
fruit
growers
place
around
an
orchard
in
the
evening
to
prevent
the
crop
from
freezing
at
night.

Solid
fuel
means
wood,
refuse,
refuse­
derived
fuel,
tires,
tire­
derived
fuel,
and
other
solid
combustible
material
(
other
than
coal),
including
any
combination
thereof.

Solid
fuel­
fired
boiler
means
a
furnace
or
boiler
used
for
combusting
solid
fuel
for
the
primary
purpose
of
producing
steam
or
hot
water
by
heat
transfer.

Soot
blowing
means
using
steam
or
compressed
air
to
remove
carbon
from
a
furnace
or
from
a
boiler's
heat
transfer
surfaces.

Source
means
the
same
as
air
pollution
source.

Stack
means
any
point
in
a
source
that
conducts
air
pollutants
to
the
atmosphere,
including,

but
not
limited
to,
a
chimney,
flue,
conduit,
pipe,
vent,
or
duct,
but
not
including
a
flare.

Standard
conditions
means
a
temperature
of
293
degrees
Kelvin
(
68
degrees
Fahrenheit,
20
degrees
Celsius)
and
a
pressure
of
101.3
kilopascals
(
29.92
inches
of
mercury).
May
28,
2004
Final
Rule
for
OMB
Review
97
Start­
up
means
the
setting
into
operation
of
a
piece
of
equipment.

Stationary
source
means
any
building,
structure,
facility,
or
installation
that
emits,
or
may
emit,
any
air
pollutant.

Tempering
oven
means
any
facility
used
to
bake
hardboard
following
an
oil
treatment
process.

Uncombined
water
means
droplets
of
water
that
have
not
combined
with
hygroscopic
particles
or
do
not
contain
dissolved
solids.

Used
oil
means
petroleum
products
that
have
been
recovered
from
another
application.

Veneer
means
a
single
flat
panel
of
wood
not
exceeding
1/
4
inch
in
thickness
formed
by
slicing
or
peeling
from
a
log.

Veneer
dryer
means
equipment
in
which
veneer
is
dried.

Visible
emissions
means
air
pollutants
in
sufficient
amount
to
be
observable
to
the
human
eye.

Wood
means
wood,
wood
residue,
bark,
or
any
derivative
or
residue
thereof,
in
any
form,

including
but
not
limited
to
sawdust,
sanderdust,
wood
chips,
scraps,
slabs,
millings,
shavings,
and
processed
pellets
made
from
wood
or
other
forest
residues.

Wood­
fired
boiler
means
a
furnace
or
boiler
used
for
combusting
wood
for
the
primary
purpose
of
producing
steam
or
hot
water
by
heat
transfer.

Wood­
fired
veneer
dryer
means
a
veneer
dryer
that
is
directly
heated
by
the
products
of
combustion
of
wood
in
addition
to,
or
exclusive
of,
steam
or
natural
gas
or
propane
combustion.

Woodwaste
burner
means
a
wigwam
burner,
teepee
burner,
silo
burner,
olivine
burner,

truncated
cone
burner,
or
other
such
woodwaste­
burning
device
used
by
the
wood
products
industry
for
the
disposal
of
wood
wastes.
May
28,
2004
Final
Rule
for
OMB
Review
98
(
b)
Requirement
for
testing.
The
Regional
Administrator
may
require,
in
a
permit
to
construct
or
a
permit
to
operate,
that
a
person
demonstrate
compliance
with
the
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"
by
performing
a
source
test
and
submitting
the
test
results
to
the
Regional
Administrator.
A
person
may
also
be
required
by
the
Regional
Administrator,
in
a
permit
to
construct
or
permit
to
operate,
to
install
and
operate
a
continuous
opacity
monitoring
system
(
COMS)
or
a
continuous
emissions
monitoring
system
(
CEMS)
to
demonstrate
compliance.
Nothing
in
the
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"
limits
the
authority
of
the
Regional
Administrator
to
require,
in
an
information
request
pursuant
to
section
114
of
the
Act,
a
person
to
demonstrate
compliance
by
performing
source
testing,
even
where
the
source
does
not
have
a
permit
to
construct
or
a
permit
to
operate.

(
c)
Requirement
for
monitoring,
recordkeeping,
and
reporting.
Nothing
in
the
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"
precludes
the
Regional
Administrator
from
requiring
monitoring,
recordkeeping,
and
reporting,
including
monitoring,

recordkeeping,
and
reporting
in
addition
to
that
already
required
by
an
applicable
requirement,
in
a
permit
to
construct
or
permit
to
operate
in
order
to
ensure
compliance.

(
d)
Credible
evidence.
For
the
purposes
of
submitting
compliance
certifications
or
establishing
whether
or
not
a
person
has
violated
or
is
in
violation
of
any
requirement,
nothing
in
the
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10"
precludes
the
use,

including
the
exclusive
use,
of
any
credible
evidence
or
information
relevant
to
whether
a
source
would
have
been
in
compliance
with
applicable
requirements
if
the
appropriate
performance
or
compliance
test
had
been
performed.
May
28,
2004
Final
Rule
for
OMB
Review
99
(
e)
Incorporation
by
reference.
The
materials
listed
in
this
section
are
incorporated
by
reference
in
the
corresponding
sections
noted.
These
incorporations
by
reference
were
approved
by
the
Director
of
the
Federal
Register
in
accordance
with
5
U.
S.
C.
552(
a)
and
1
CFR
part
51.

These
materials
are
incorporated
as
they
exist
on
the
date
of
the
approval,
and
a
notice
of
any
change
in
these
materials
will
be
published
in
the
Federal
Register.
The
materials
are
available
for
purchase
at
the
corresponding
addresses
noted
below,
or
are
available
for
inspection
at
the
Office
of
the
Federal
Register,
800
North
Capitol
Street,
NW.,
Suite
700,
Washington,
DC,
at
EPA's
Air
and
Radiation
Docket
and
Information
Center,
located
at
1301
Constitution
Avenue,
NW,
Room
B102,
Mail
Code
6102T,
Washington,
D.
C.
20004,
and
at
EPA
Region
10,
Office
of
Air
Quality,

10th
Floor,
1200
Sixth
Avenue,
Seattle,
Washington
98101.

(
1)
The
materials
listed
below
are
available
for
purchase
from
at
least
one
of
the
following
addresses:
ASTM
International,
100
Barr
Harbor
Drive,
West
Conshohocken,
Pennsylvania
19428­
2959;
or
University
Microfilms
International,
300
North
Zeeb
Road,
Ann
Arbor,
Michigan
48106.

(
i)
ASTM
D388­
99e1,
Standard
Classification
of
Coals
by
Rank,
Incorporation
by
reference
(
IBR)
approved
for
§
49.123(
a).

(
ii)
ASTM
D396­
02a,
Standard
Specification
for
Fuel
Oils,
IBR
approved
for
§
§
49.123(
a)

and
49.130(
d).

(
iii)
ASTM
D240­
02,
Standard
Test
Method
for
Heat
of
Combustion
of
Liquid
Hydrocarbon
Fuels
by
Bomb
Calorimeter,
IBR
approved
for
§
49.123(
a).

(
iv)
ASTM
D1826­
94(
2003),
Standard
Test
Method
for
Calorific
(
Heating)
Value
of
Gases
in
Natural
Gas
Range
by
Continuous
Recording
Calorimeter,
IBR
approved
for
§
49.123(
a).
May
28,
2004
Final
Rule
for
OMB
Review
100
(
v)
ASTM
D5865­
03a,
Standard
Test
Method
for
Gross
Calorific
Value
of
Coal
and
Coke,

IBR
approved
for
§
49.123(
a).

(
vi)
ASTM
E711­
87(
2004)
Standard
Test
Method
for
Gross
Calorific
Value
of
Refuse­

Derived
Fuel
by
the
Bomb
Calorimeter,
IBR
approved
for
§
49.123(
a).

(
vii)
ASTM
D2880­
03,
Standard
Specification
for
Gas
Turbine
Fuel
Oils,
IBR
approved
for
§
49.130(
e)(
1).

(
viii)
ASTM
D4294­
03,
Standard
Test
Method
for
Sulfur
in
Petroleum
Products
by
Energy­

Dispersive
X­
ray
Fluorescence
Spectroscopy,
IBR
approved
for
§
49.130(
e)(
1).

(
ix)
ASTM
D6021­
96(
2001)
e1,
Standard
Test
Method
for
Measurement
of
Total
Hydrogen
Sulfide
in
Residual
Fuels
by
Multiple
Headspace
Extraction
and
Sulfur
Specific
Detection,
IBR
approved
for
§
49.130(
e)(
1).

(
x)
ASTM
D3177­
02,
Standard
Test
Methods
for
Total
Sulfur
in
the
Analysis
Sample
of
Coal
and
Coke,
IBR
approved
for
§
49.130(
e)(
2).

(
xi)
ASTM
D4239­
02a,
Standard
Test
Methods
for
Sulfur
in
the
Analysis
Sample
of
Coal
and
Coke
Using
High
Temperature
Tube
Furnace
Combustion
Methods,
IBR
approved
for
§
49.130(
e)(
2).

(
xii)
ASTM
D2492­
02,
Standard
Test
Method
for
Forms
of
Sulfur
in
Coal,
IBR
approved
for
§
49.130(
e)(
2).

(
xiii)
ASTM
E775­
87(
2004),
Standard
Test
Methods
for
Total
Sulfur
in
the
Analysis
Sample
of
Refuse­
Derived
Fuel,
IBR
approved
for
§
49.130(
e)(
3).

(
xiv)
ASTM
D1072­
90(
1999),
Standard
Test
Method
for
Total
Sulfur
in
Fuel
Gases,
IBR
approved
for
§
49.130(
e)(
4).
May
28,
2004
Final
Rule
for
OMB
Review
101
(
xv)
ASTM
D3246­
96,
Standard
Test
Method
for
Sulfur
in
Petroleum
Gas
by
Oxidative
Microcoulometry,
IBR
approved
for
§
49.130(
e)(
4).

(
xvi)
ASTM
D4084­
94(
1999)
Standard
Test
Method
for
Analysis
of
Hydrogen
Sulfide
in
Gaseous
Fuels
(
Lead
Acetate
Reaction
Rate
Method),
IBR
approved
for
§
49.130(
e)(
4).

(
xvii)
ASTM
D5504­
01,
Standard
Test
Method
for
Determination
of
Sulfur
Compounds
in
Natural
Gas
and
Gaseous
Fuels
by
Gas
Chromatography
and
Chemiluminescence,
IBR
approved
for
§
49.130(
e)(
4).

(
xviii)
ASTM
D4468­
85(
2000),
Standard
Test
Method
for
Total
Sulfur
in
Gaseous
Fuels
by
Hydrogenolysis
and
Rateometric
Colorimetry,
IBR
approved
for
§
49.130(
e)(
4).

(
xix)
ASTM
D2622­
03,
Standard
Test
Method
for
Sulfur
in
Petroleum
Products
by
Wavelength
Dispersive
X­
ray
Fluorescence
Spectrometry,
IBR
approved
for
§
49.130(
e)(
4).

(
xx)
ASTM
D6228­
98(
2003),
Standard
Test
Method
for
Determination
of
Sulfur
Compounds
in
Natural
Gas
and
Gaseous
Fuels
by
Gas
Chromatography
and
Flame
Photometric
Detection,
IBR
approved
for
§
49.130(
e)(
4).

§
49.124
Rule
for
limiting
visible
emissions.

(
a)
What
is
the
purpose
of
this
section?
This
section
limits
the
visible
emissions
of
air
pollutants
from
certain
air
pollution
sources
operating
within
the
Indian
reservation
to
control
emissions
of
particulate
matter
to
the
atmosphere
and
ground­
level
concentrations
of
particulate
matter,
to
detect
the
violation
of
other
requirements
in
the
"
General
Rules
for
Application
to
Indian
Reservations
in
EPA
Region
10",
and
to
indicate
whether
a
source
is
continuously
maintained
and
properly
operated.
May
28,
2004
Final
Rule
for
OMB
Review
102
(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
owns
or
operates
an
air
pollution
source
that
emits,
or
could
emit,
particulate
matter
or
other
visible
air
pollutants
to
the
atmosphere,
unless
exempted
in
paragraph
(
c)
of
this
section.

(
c)
What
is
exempted
from
this
section?
This
section
does
not
apply
to
open
burning,

agricultural
activities,
forestry
and
silvicultural
activities,
non­
commercial
smoke
houses,
sweat
houses
or
lodges,
smudge
pots,
furnaces
and
boilers
used
exclusively
to
heat
residential
buildings
with
four
or
fewer
dwelling
units,
fugitive
dust
from
public
roads
owned
or
maintained
by
any
Federal,
Tribal,
State,
or
local
government,
and
emissions
from
fuel
combustion
in
mobile
sources.

(
d)
What
are
the
opacity
limits
for
air
pollution
sources?

(
1)
The
visible
emissions
from
an
air
pollution
source
must
not
exceed
20%
opacity,
averaged
over
any
consecutive
six­
minute
period,
unless
paragraph
(
d)(
2)
or
(
d)(
3)
of
this
section
applies
to
the
air
pollution
source.

(
2)
The
visible
emissions
from
an
air
pollution
source
may
exceed
the
20%
opacity
limit
if
the
owner
or
operator
of
the
air
pollution
source
demonstrates
to
the
Regional
Administrator's
satisfaction
that
the
presence
of
uncombined
water,
such
as
steam,
is
the
only
reason
for
the
failure
of
an
air
pollution
source
to
meet
the
20%
opacity
limit.

(
3)
The
visible
emissions
from
an
oil­
fired
boiler
or
solid
fuel­
fired
boiler
that
continuously
measures
opacity
with
a
continuous
opacity
monitoring
system
(
COMS)
may
exceed
the
20%

opacity
limit
during
start­
up,
soot
blowing,
and
grate
cleaning
for
a
single
period
of
up
to
15
consecutive
minutes
in
any
eight
consecutive
hours,
but
must
not
exceed
60%
opacity
at
any
time.

(
e)
What
is
the
reference
method
for
determining
compliance?
May
28,
2004
Final
Rule
for
OMB
Review
103
(
1)
The
reference
method
for
determining
compliance
with
the
opacity
limits
is
EPA
Method
9.
A
complete
description
of
this
method
is
found
in
appendix
A
of
40
CFR
part
60.

(
2)
An
alternative
reference
method
for
determining
compliance
is
a
COMS
that
complies
with
Performance
Specification
1
found
in
appendix
B
of
40
CFR
part
60.

(
f)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section,

are
defined
in
§
49.123
General
provisions:
Act,
agricultural
activities,
air
pollutant,
air
pollution
source,
ambient
air,
coal,
continuous
opacity
monitoring
system
(
COMS),
distillate
fuel
oil,
emission,
forestry
or
silvicultural
activities,
fuel,
fuel
oil,
fugitive
dust,
gaseous
fuel,
grate
cleaning,
marine
vessel,
mobile
sources,
motor
vehicle,
nonroad
engine,
nonroad
vehicle,
oil­
fired
boiler,
opacity,
open
burning,
particulate
matter,
PM10,
PM2.5,
reference
method,
refuse,

Regional
Administrator,
residual
fuel
oil,
smudge
pot,
solid
fuel,
solid
fuel­
fired
boiler,
soot
blowing,
stack,
standard
conditions,
start­
up,
stationary
source,
uncombined
water,
used
oil,

visible
emissions,
and
wood.

§
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
a)
What
is
the
purpose
of
this
section?
This
section
limits
the
amount
of
particulate
matter
that
may
be
emitted
from
certain
air
pollution
sources
operating
within
the
Indian
reservation
to
control
ground­
level
concentrations
of
particulate
matter.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
owns
or
operates
an
air
pollution
source
that
emits,
or
could
emit,
particulate
matter
to
the
atmosphere,
unless
exempted
in
paragraph
(
c)
of
this
section.
May
28,
2004
Final
Rule
for
OMB
Review
104
(
c)
What
is
exempted
from
this
section?
This
section
does
not
apply
to
woodwaste
burners,

furnaces
and
boilers
used
exclusively
for
space
heating
with
a
rated
heat
input
capacity
of
less
than
400,000
British
thermal
units
(
Btu)
per
hour,
non­
commercial
smoke
houses,
sweat
houses
or
lodges,
open
burning,
and
mobile
sources.

(
d)
What
are
the
particulate
matter
limits
for
air
pollution
sources?

(
1)
Particulate
matter
emissions
from
a
combustion
source
stack
(
except
for
wood­
fired
boilers)
must
not
exceed
an
average
of
0.23
grams
per
dry
standard
cubic
meter
(
0.1
grains
per
dry
standard
cubic
foot),
corrected
to
seven
percent
oxygen,
during
any
three­
hour
period.

(
2)
Particulate
matter
emissions
from
a
wood­
fired
boiler
stack
must
not
exceed
an
average
of
0.46
grams
per
dry
standard
cubic
meter
(
0.2
grains
per
dry
standard
cubic
foot),
corrected
to
seven
percent
oxygen,
during
any
three­
hour
period.

(
3)
Particulate
matter
emissions
from
a
process
source
stack,
or
any
other
stack
not
subject
to
paragraph
(
d)(
1)
or
(
d)(
2)
of
this
section,
must
not
exceed
an
average
of
0.23
grams
per
dry
standard
cubic
meter
(
0.1
grains
per
dry
standard
cubic
foot)
during
any
three­
hour
period.

(
e)
What
is
the
reference
method
for
determining
compliance?
The
reference
method
for
determining
compliance
with
the
particulate
matter
limits
is
EPA
Method
5.
A
complete
description
of
this
method
is
found
in
appendix
A
of
40
CFR
part
60.

(
f)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Act,
air
pollutant,
air
pollution
source,
ambient
air,

British
thermal
unit
(
Btu),
coal,
combustion
source,
distillate
fuel
oil,
emission,
fuel,
fuel
oil,

gaseous
fuel,
heat
input,
incinerator,
marine
vessel,
mobile
sources,
motor
vehicle,
nonroad
engine,
nonroad
vehicle,
open
burning,
particulate
matter,
PM10,
PM2.5,
process
source,
May
28,
2004
Final
Rule
for
OMB
Review
105
reference
method,
refuse,
residual
fuel
oil,
solid
fuel,
stack,
standard
conditions,
stationary
source,

uncombined
water,
used
oil,
wood,
wood­
fired
boiler,
and
woodwaste
burner.

§
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
a)
What
is
the
purpose
of
this
section?
This
section
limits
the
amount
of
fugitive
particulate
matter
that
may
be
emitted
from
certain
air
pollution
sources
operating
within
the
Indian
reservation
to
control
ground­
level
concentrations
of
particulate
matter.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
owns
or
operates
a
source
of
fugitive
particulate
matter
emissions.

(
c)
What
is
exempted
from
this
section?
This
section
does
not
apply
to
open
burning,

agricultural
activities,
forestry
and
silvicultural
activities,
sweat
houses
or
lodges,
non­
commercial
smoke
houses,
public
roads
owned
or
maintained
by
any
Federal,
Tribal,
State,
or
local
government,
or
activities
associated
with
single­
family
residences
or
residential
buildings
with
four
or
fewer
dwelling
units.

(
d)
What
are
the
requirements
for
sources
of
fugitive
particulate
matter
emissions?

(
1)
The
owner
or
operator
of
any
source
of
fugitive
particulate
matter
emissions,
including
any
source
or
activity
engaged
in
materials
handling
or
storage,
construction,
demolition,
or
any
other
operation
that
is
or
may
be
a
source
of
fugitive
particulate
matter
emissions,
must
take
all
reasonable
precautions
to
prevent
fugitive
particulate
matter
emissions
and
must
maintain
and
operate
the
source
to
minimize
fugitive
particulate
matter
emissions.

(
2)
Reasonable
precautions
include,
but
are
not
limited
to
the
following:
May
28,
2004
Final
Rule
for
OMB
Review
106
(
i)
Use,
where
possible,
of
water
or
chemicals
for
control
of
dust
in
the
demolition
of
buildings
or
structures,
construction
operations,
grading
of
roads,
or
clearing
of
land.

(
ii)
Application
of
asphalt,
oil
(
but
not
used
oil),
water,
or
other
suitable
chemicals
on
unpaved
roads,
materials
stockpiles,
and
other
surfaces
that
can
create
airborne
dust.

(
iii)
Full
or
partial
enclosure
of
materials
stockpiles
in
cases
where
application
of
oil,
water,

or
chemicals
is
not
sufficient
or
appropriate
to
prevent
particulate
matter
from
becoming
airborne.

(
iv)
Implementation
of
good
housekeeping
practices
to
avoid
or
minimize
the
accumulation
of
dusty
materials
that
have
the
potential
to
become
airborne,
and
the
prompt
cleanup
of
spilled
or
accumulated
materials.

(
v)
Installation
and
use
of
hoods,
fans,
and
fabric
filters
to
enclose
and
vent
the
handling
of
dusty
materials.

(
vi)
Adequate
containment
during
sandblasting
or
other
similar
operations.

(
vii)
Covering,
at
all
times
when
in
motion,
open
bodied
trucks
transporting
materials
likely
to
become
airborne.

(
viii)
The
prompt
removal
from
paved
streets
of
earth
or
other
material
that
does
or
may
become
airborne.

(
e)
Are
there
additional
requirements
that
must
be
met?

(
1)
A
person
subject
to
this
section
must:

(
i)
Annually
survey
the
air
pollution
source(
s)
during
typical
operating
conditions
and
meteorological
conditions
conducive
to
producing
fugitive
dust
to
determine
the
sources
of
fugitive
particulate
matter
emissions.
For
new
sources
or
new
operations,
a
survey
must
be
conducted
within
30
days
after
commencing
operation.
Document
the
results
of
the
survey,
May
28,
2004
Final
Rule
for
OMB
Review
107
including
the
date
and
time
of
the
survey
and
identification
of
any
sources
of
fugitive
particulate
matter
emissions
found.

(
ii)
If
sources
of
fugitive
particulate
matter
emissions
are
present,
determine
the
reasonable
precautions
that
will
be
taken
to
prevent
fugitive
particulate
matter
emissions.

(
iii)
Prepare,
and
update
as
necessary
following
each
survey,
a
written
plan
that
specifies
the
reasonable
precautions
that
will
be
taken
and
the
procedures
to
be
followed
to
prevent
fugitive
particulate
matter
emissions,
including
appropriate
monitoring
and
recordkeeping.
For
construction
or
demolition
activities,
a
written
plan
must
be
prepared
prior
to
commencing
construction
or
demolition.

(
iv)
Implement
the
written
plan,
and
maintain
and
operate
the
source
to
minimize
fugitive
particulate
matter
emissions.

(
v)
Maintain
records
for
five
years
that
document
the
surveys
and
the
reasonable
precautions
that
were
taken
to
prevent
fugitive
particulate
matter
emissions.

(
2)
The
Regional
Administrator
may
require
specific
actions
to
prevent
fugitive
particulate
matter
emissions,
or
impose
conditions
to
maintain
and
operate
the
air
pollution
source
to
minimize
fugitive
particulate
matter
emissions,
in
a
permit
to
construct
or
a
permit
to
operate
for
the
source.

(
3)
Efforts
to
comply
with
this
section
cannot
be
used
as
a
reason
for
not
complying
with
other
applicable
laws
and
ordinances.

(
f)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Agricultural
activities,
air
pollutant,
air
pollution
source,
ambient
air,
emission,
forestry
or
silvicultural
activities,
fugitive
dust,
fugitive
particulate
May
28,
2004
Final
Rule
for
OMB
Review
108
matter,
owner
or
operator,
particulate
matter,
permit
to
construct,
permit
to
operate,
PM10,

PM2.5,
Regional
Administrator,
source,
stack,
and
uncombined
water.

§
49.127
Rule
for
woodwaste
burners.

(
a)
What
is
the
purpose
of
this
section?
This
section
phases
out
the
operation
of
woodwaste
burners
(
commonly
known
as
wigwam
or
teepee
burners),
and
in
the
interim,
limits
the
visible
emissions
from
woodwaste
burners
within
the
Indian
reservation
to
control
emissions
of
particulate
matter
to
the
atmosphere
and
ground­
level
concentrations
of
particulate
matter.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
owns
or
operates
a
woodwaste
burner.

(
c)
What
are
the
requirements
for
woodwaste
burners?

(
1)
Except
as
provided
by
paragraph
(
c)(
3)
of
this
section,
the
owner
or
operator
of
a
woodwaste
burner
must
shut
down
and
dismantle
the
woodwaste
burner
by
no
later
than
two
years
after
the
effective
date
of
this
section.
The
requirement
for
dismantling
applies
to
all
woodwaste
burners
regardless
of
whether
or
not
the
woodwaste
burners
are
currently
operational.

Until
the
woodwaste
burner
is
shut
down,
visible
emissions
from
the
woodwaste
burner
must
not
exceed
20%
opacity,
averaged
over
any
consecutive
six­
minute
period.

(
2)
Until
the
woodwaste
burner
is
shut
down,
only
wood
waste
generated
on­
site
may
be
burned
or
disposed
of
in
the
woodwaste
burner.

(
3)
If
there
is
no
reasonably
available
alternative
method
of
disposal
for
the
wood
waste
other
than
by
burning
it
on­
site
in
a
woodwaste
burner,
the
owner
or
operator
of
the
woodwaste
burner
that
is
in
compliance
with
the
opacity
limit
in
paragraph
(
c)(
1)
of
this
section,
may
apply
to
the
May
28,
2004
Final
Rule
for
OMB
Review
109
Regional
Administrator
for
an
extension
of
the
two­
year
deadline.
If
the
Regional
Administrator
finds
that
there
is
no
reasonably
available
alternative
method
of
disposal,
then
a
two­
year
extension
of
the
deadline
may
be
granted.
There
is
no
limit
to
the
number
of
extensions
that
may
be
granted
by
the
Regional
Administrator.

(
d)
What
is
the
reference
method
for
determining
compliance
with
the
opacity
limit?

(
1)
The
reference
method
for
determining
compliance
with
the
opacity
limit
is
EPA
Method
9.
A
complete
description
of
this
method
is
found
in
40
CFR
part
60,
appendix
A.

(
e)
Are
there
additional
requirements
that
must
be
met?
A
person
subject
to
this
section
must
submit
a
plan
to
shut
down
and
dismantle
the
woodwaste
burner
to
the
Regional
Administrator
within
180
days
after
the
effective
date
of
this
section.
Unless
an
extension
has
been
granted
by
the
Regional
Administrator,
the
woodwaste
burner
must
be
shut
down
and
dismantled
within
two
years
after
the
effective
date
of
this
section.
The
owner
or
operator
of
the
woodwaste
burner
must
notify
the
Regional
Administrator
that
the
woodwaste
burner
has
been
shut
down
and
dismantled
within
30
days
after
completion.

(
f)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Air
pollutant,
ambient
air,
emission,
opacity,
owner
or
operator,
particulate
matter,
PM10,
PM2.5,
reference
method,
Regional
Administrator,

stationary
source,
uncombined
water,
visible
emissions,
wood,
and
woodwaste
burner.

§
49.128
Rule
for
limiting
particulate
matter
emissions
from
wood
products
industry
sources.
May
28,
2004
Final
Rule
for
OMB
Review
110
(
a)
What
is
the
purpose
of
this
section?
This
section
limits
the
amount
of
particulate
matter
that
may
be
emitted
from
certain
wood
products
industry
sources
operating
within
the
Indian
reservation
to
control
ground­
level
concentrations
of
particulate
matter.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
owns
or
operates
any
of
the
following
wood
products
industry
sources:

(
1)
Veneer
manufacturing
operations;

(
2)
Plywood
manufacturing
operations;

(
3)
Particleboard
manufacturing
operations;
and
(
4)
Hardboard
manufacturing
operations.

(
c)
What
are
the
PM10
emission
limits
for
wood
products
industry
sources?
These
PM10
limits
are
in
addition
to,
and
not
in
lieu
of,
the
particulate
matter
limits
for
combustion
sources
and
process
sources.

(
1)
Veneer
dryers
at
veneer
manufacturing
operations
and
plywood
manufacturing
operations.

(
i)
PM10
emissions
from
direct
natural
gas
fired
or
direct
propane
fired
veneer
dryers
must
not
exceed
0.3
pounds
per
1000
square
feet
of
veneer
dried
(
3/
8
inch
basis),
one­
hour
average.

(
ii)
PM10
emissions
from
steam
heated
veneer
dryers
must
not
exceed
0.3
pounds
per
1000
square
feet
of
veneer
dried
(
3/
8
inch
basis),
one­
hour
average.

(
iii)
PM10
emissions
from
wood
fired
veneer
dryers
must
not
exceed
a
total
of
0.3
pounds
per
1000
square
feet
of
veneer
dried
(
3/
8
inch
basis)
and
0.2
pounds
per
1000
pounds
of
steam
generated
in
boilers,
prorated
for
the
amount
of
combustion
gases
routed
to
the
veneer
dryer,

one­
hour
average.
May
28,
2004
Final
Rule
for
OMB
Review
111
(
2)
Wood
particle
dryers
at
particleboard
manufacturing
operation.
PM10
emissions
from
wood
particle
dryers
must
not
exceed
a
total
of
0.4
pounds
per
1000
square
feet
of
board
produced
by
the
plant
(
3/
4
inch
basis),
one­
hour
average.

(
3)
Press/
cooling
vents
at
hardboard
manufacturing
operations.
PM10
emissions
from
hardboard
press/
cooling
vents
must
not
exceed
0.3
pounds
per
1000
square
feet
of
hardboard
produced
(
1/
8
inch
basis),
one­
hour
average.

(
4)
Tempering
ovens
at
hardboard
manufacturing
operations.
A
person
must
not
operate
any
hardboard
tempering
oven
unless
all
gases
and
vapors
are
collected
and
treated
in
a
fume
incinerator
capable
of
raising
the
temperature
of
the
gases
and
vapors
to
at
least
1500
degrees
Fahrenheit
for
0.3
seconds
or
longer.

(
d)
What
is
the
reference
method
for
determining
compliance?
The
reference
method
for
determining
compliance
with
the
PM10
limits
is
EPA
Method
202
in
conjunction
with
Method
201A.
A
complete
description
of
these
methods
is
found
in
appendix
M
of
40
CFR
part
51.

(
e)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Act,
combustion
source,
emissions,
hardboard,

particleboard,
particulate
matter,
plywood,
PM10,
PM2.5,
press/
cooling
vent,
process
source,

tempering
oven,
veneer,
veneer
dryer,
wood,
and
wood­
fired
veneer
dryer.

§
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
a)
What
is
the
purpose
of
this
section?
This
section
limits
the
amount
of
sulfur
dioxide
(
SO
2)
that
may
be
emitted
from
certain
air
pollution
sources
operating
within
the
Indian
reservation
to
control
ground­
level
concentrations
of
SO
2.
May
28,
2004
Final
Rule
for
OMB
Review
112
(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
owns
or
operates
an
air
pollution
source
that
emits,
or
could
emit,
SO
2
to
the
atmosphere.

(
c)
What
is
exempted
from
this
section?
This
section
does
not
apply
to
furnaces
and
boilers
used
exclusively
for
space
heating
with
a
rated
heat
input
capacity
of
less
than
400,000
British
thermal
units
(
Btu)
per
hour,
and
mobile
sources.

(
d)
What
are
the
sulfur
dioxide
limits
for
sources?

(
1)
Sulfur
dioxide
emissions
from
a
combustion
source
stack
must
not
exceed
an
average
of
500
parts
per
million
by
volume,
on
a
dry
basis
and
corrected
to
seven
percent
oxygen,
during
any
three­
hour
period.

(
2)
Sulfur
dioxide
emissions
from
a
process
source
stack,
or
any
other
stack
not
subject
to
(
d)(
1)
of
this
section,
must
not
exceed
an
average
of
500
parts
per
million
by
volume,
on
a
dry
basis,
during
any
three­
hour
period.

(
e)
What
are
the
reference
methods
for
determining
compliance?

(
1)
The
reference
methods
for
determining
compliance
with
the
SO
2
limits
are
EPA
Methods
6,
6A,
6B,
and
6C
as
specified
in
the
applicability
section
of
each
method.
A
complete
description
of
these
methods
is
found
in
appendix
A
of
40
CFR
part
60.

(
2)
An
alternative
reference
method
is
a
continuous
emissions
monitoring
system
(
CEMS)

that
complies
with
Performance
Specification
2
found
in
appendix
B
of
40
CFR
part
60.

(
f)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Act,
air
pollutant,
air
pollution
source,
ambient
air,

British
thermal
unit
(
Btu),
coal,
combustion
source,
continuous
emissions
monitoring
system
(
CEMS),
distillate
fuel
oil,
emission,
fuel,
fuel
oil,
gaseous
fuel,
heat
input,
incinerator,
marine
May
28,
2004
Final
Rule
for
OMB
Review
113
vessel,
mobile
sources,
motor
vehicle,
nonroad
engine,
nonroad
vehicle,
open
burning,
process
source,
reference
method,
refuse,
residual
fuel
oil,
solid
fuel,
stack,
standard
conditions,
stationary
source,
used
oil,
wood,
and
woodwaste
burner.

§
49.130
Rule
for
limiting
sulfur
in
fuels.

(
a)
What
is
the
purpose
of
this
section?
This
section
limits
the
amount
of
sulfur
contained
in
fuels
that
are
burned
at
stationary
sources
within
the
Indian
reservation
to
control
emissions
of
sulfur
dioxide
(
SO
2)
to
the
atmosphere
and
ground­
level
concentrations
of
SO
2.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
sells,
distributes,

uses,
or
makes
available
for
use,
any
fuel
oil,
coal,
solid
fuel,
liquid
fuel,
or
gaseous
fuel
within
the
Indian
reservation.

(
c)
What
is
exempted
from
this
section?
This
section
does
not
apply
to
gasoline
and
diesel
fuel,
such
as
automotive
and
marine
diesel,
regulated
under
40
CFR
part
80.

(
d)
What
are
the
sulfur
limits
for
fuels?
A
person
must
not
sell,
distribute,
use,
or
make
available
for
use
any
fuel
oil,
coal,
solid
fuel,
liquid
fuel,
or
gaseous
fuel
that
contains
more
than
the
following
amounts
of
sulfur:

(
1)
For
distillate
fuel
oil,
0.3
percent
by
weight
for
ASTM
Grade
1
fuel
oil;

(
2)
For
distillate
fuel
oil,
0.5
percent
by
weight
for
ASTM
Grade
2
fuel
oil;

(
3)
For
residual
fuel
oil,
1.75
percent
sulfur
by
weight
for
ASTM
Grades
4,
5,
or
6
fuel
oil;

(
4)
For
used
oil,
2.0
percent
sulfur
by
weight;

(
5)
For
any
liquid
fuel
not
listed
in
paragraphs
(
d)(
1)
through
(
d)(
4)
of
this
section,
2.0
percent
sulfur
by
weight;
May
28,
2004
Final
Rule
for
OMB
Review
114
(
6)
For
coal,
1.0
percent
sulfur
by
weight;

(
7)
For
solid
fuels,
2.0
percent
sulfur
by
weight;

(
8)
For
gaseous
fuels,
1.1
grams
of
sulfur
per
dry
standard
cubic
meter
of
gaseous
fuel
(
400
parts
per
million
at
standard
conditions).

(
e)
What
are
the
reference
methods
for
determining
compliance?
The
reference
methods
for
determining
the
amount
of
sulfur
in
a
fuel
are
as
follows:

(
1)
Sulfur
content
in
fuel
oil
or
liquid
fuels:
ASTM
methods
D2880­
03,
D4294­
03,
and
D6021­
96(
2001)
e1;

(
2)
Sulfur
content
in
coal:
ASTM
methods
D3177­
02,
D4239­
02a,
and
D2492­
02;

(
3)
Sulfur
content
in
solid
fuels:
ASTM
method
E775­
87(
2004);

(
4)
Sulfur
content
in
gaseous
fuels:
ASTM
methods
D1072­
90(
1999),
D3246­
96,
D4084­

94(
1999),
D5504­
01,
D4468­
85(
2000),
D2622­
03,
and
D6228­
98(
2003).

(
f)
Are
there
additional
requirements
that
must
be
met?

(
1)
A
person
subject
to
this
section
must:

(
i)
For
fuel
oils
and
liquid
fuels,
obtain,
record,
and
keep
records
of
the
percent
sulfur
by
weight
from
the
vendor
for
each
purchase
of
fuel.
If
the
vendor
is
unable
to
provide
this
information,
then
obtain
a
representative
grab
sample
for
each
purchase
and
test
the
sample
using
the
reference
method.

(
ii)
For
gaseous
fuels,
either
obtain,
record,
and
keep
records
of
the
sulfur
content
from
the
vendor,
or
continuously
monitor
the
sulfur
content
of
the
fuel
gas
line
using
a
method
that
meets
the
requirements
of
Performance
Specification
5,
7,
9,
or
15
(
as
applicable
for
the
sulfur
compounds
in
the
gaseous
fuel)
of
appendix
B
and
appendix
F
of
40
CFR
part
60.
If
only
May
28,
2004
Final
Rule
for
OMB
Review
115
purchased
natural
gas
is
used,
then
keep
records
showing
that
the
gaseous
fuel
meets
the
definition
of
natural
gas
in
40
CFR
72.2.

(
iii)
For
coal
and
solid
fuels,
either
obtain,
record,
and
keep
records
of
the
percent
sulfur
by
weight
from
the
vendor
for
each
purchase
of
coal
or
solid
fuel,
or
obtain
a
representative
grab
sample
for
each
day
of
operation
and
test
the
sample
using
the
reference
method.
If
only
wood
is
used,
then
keep
records
showing
that
only
wood
was
used.
The
owner
or
operator
of
a
coal­
or
solid
fuel­
fired
source
may
apply
to
the
Regional
Administrator
for
a
waiver
of
this
provision
or
for
approval
of
an
alternative
fuel
sampling
program.

(
2)
Records
of
fuel
purchases
and
fuel
sulfur
content
must
be
kept
for
a
period
of
five
years
from
date
of
purchase
and
must
be
made
available
to
the
Regional
Administrator
upon
request.

(
3)
The
owner
or
occupant
of
a
single­
family
residence,
and
the
owner
or
manager
of
a
residential
building
with
four
or
fewer
dwelling
units,
is
not
subject
to
the
requirement
to
obtain
and
record
the
percent
sulfur
content
from
the
vendor
if
the
fuel
used
in
an
oil,
coal,
or
gas
furnace
is
purchased
from
a
licensed
fuel
distributor.

(
g)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Act,
air
pollutant,
ambient
air,
coal,
distillate
fuel
oil,
emission,
fuel,
fuel
oil,
gaseous
fuel,
marine
vessel,
mobile
sources,
motor
vehicle,
nonroad
engine,
nonroad
vehicle,
owner
or
operator,
reference
method,
refuse,
Regional
Administrator,

residual
fuel
oil,
solid
fuel,
source,
standard
conditions,
stationary
source,
used
oil,
and
wood.

§
49.131
General
rule
for
open
burning.
May
28,
2004
Final
Rule
for
OMB
Review
116
(
a)
What
is
the
purpose
of
this
section?
This
section
limits
the
types
of
materials
that
can
be
openly
burned
within
the
Indian
reservation
to
control
emissions
of
particulate
matter
and
other
noxious
fumes
to
the
atmosphere
and
ground­
level
concentrations
of
particulate
matter.
It
is
EPA's
goal
to
eliminate
open
burning
disposal
practices
where
alternative
methods
are
feasible
and
practicable,
to
encourage
the
development
of
alternative
disposal
methods,
to
emphasize
resource
recovery,
and
to
encourage
utilization
of
the
highest
and
best
practicable
burning
methods
to
minimize
emissions
where
other
disposal
practices
are
not
feasible.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
conducts
open
burning
and
to
the
owner
of
the
property
upon
which
open
burning
is
conducted.

(
c)
What
is
exempted
from
this
section?
The
following
open
fires
are
exempted
from
this
section:

(
1)
Outdoor
fires
set
for
cultural
or
traditional
purposes;

(
2)
Fires
set
for
cultural
or
traditional
purposes
within
structures
such
as
sweat
houses
or
lodges;

(
3)
Except
during
a
burn
ban
under
paragraphs
(
d)(
2)
and
(
d)(
3)
of
this
section,
fires
set
for
recreational
purposes
provided
that
no
prohibited
materials
are
burned;

(
4)
Except
during
a
burn
ban
under
paragraphs
(
d)(
2)
and
(
d)(
3)
of
this
section
and
with
prior
permission
from
the
Regional
Administrator,
open
outdoor
fires
used
by
qualified
personnel
to
train
firefighters
in
the
methods
of
fire
suppression
and
fire
fighting
techniques,
provided
that
training
fires
are
not
allowed
to
smolder
after
the
training
session
has
terminated.
Prior
to
igniting
any
structure,
the
fire
protection
service
must
ensure
that
the
structure
does
not
contain
any
asbestos
or
asbestos­
containing
materials;
batteries;
stored
chemicals
such
as
pesticides,
May
28,
2004
Final
Rule
for
OMB
Review
117
herbicides,
fertilizers,
paints,
glues,
sealers,
tars,
solvents,
household
cleaners,
or
photographic
reagents;
stored
linoleum,
plastics,
rubber,
tires,
or
insulated
wire;
or
hazardous
wastes.
Before
requesting
permission
from
the
Regional
Administrator,
the
fire
protection
service
must
notify
any
appropriate
Tribal
air
pollution
authority
and
obtain
any
permissions
or
approvals
required
by
the
Tribe,
and
by
any
other
governments
with
applicable
laws
and
ordinances;

(
5)
Except
during
a
burn
ban
under
paragraphs
(
d)(
2)
and
(
d)(
3)
of
this
section
and
with
prior
permission
from
the
Regional
Administrator,
one
open
outdoor
fire
each
year
to
dispose
of
fireworks
and
associated
packaging
materials.
Before
requesting
permission
from
the
Regional
Administrator,
the
owner
or
operator
must
notify
any
appropriate
Tribal
air
pollution
authority
and
obtain
any
permissions
or
approvals
required
by
the
Tribe,
and
by
any
other
governments
with
applicable
laws
and
ordinances;

(
6)
Except
during
a
burn
ban
under
paragraphs
(
d)(
2)
and
(
d)(
3)
of
this
section,
open
burning
for
the
disposal
of
diseased
animals
or
other
material
by
order
of
a
public
health
official.

(
d)
What
are
the
requirements
for
open
burning?

(
1)
A
person
must
not
openly
burn,
or
allow
the
open
burning
of,
the
following
materials:

(
i)
Garbage;

(
ii)
Dead
animals
or
parts
of
dead
animals;

(
iii)
Junked
motor
vehicles
or
any
materials
resulting
from
a
salvage
operation;

(
iv)
Tires
or
rubber
materials
or
products;

(
v)
Plastics,
plastic
products,
or
styrofoam;

(
vi)
Asphalt
or
composition
roofing,
or
any
other
asphaltic
material
or
product;

(
vii)
Tar,
tarpaper,
petroleum
products,
or
paints;
May
28,
2004
Final
Rule
for
OMB
Review
118
(
viii)
Paper,
paper
products,
or
cardboard
other
than
what
is
necessary
to
start
a
fire
or
that
is
generated
at
single­
family
residences
or
residential
buildings
with
four
or
fewer
dwelling
units
and
is
burned
at
the
residential
site;

(
ix)
Lumber
or
timbers
treated
with
preservatives;

(
x)
Construction
debris
or
demolition
waste;

(
xi)
Pesticides,
herbicides,
fertilizers,
or
other
chemicals;

(
xii)
Insulated
wire;

(
xiii)
Batteries;

(
xiv)
Light
bulbs;

(
xv)
Materials
containing
mercury
(
e.
g.,
thermometers);

(
xvi)
Asbestos
or
asbestos­
containing
materials;

(
xvii)
Pathogenic
wastes;

(
xviii)
Hazardous
wastes;
or
(
xix)
Any
material
other
than
natural
vegetation
that
normally
emits
dense
smoke
or
noxious
fumes
when
burned.

(
2)
Except
for
exempted
fires
set
for
cultural
or
traditional
purposes,
all
open
burning
is
prohibited
whenever
the
Regional
Administrator
declares
a
burn
ban
due
to
deteriorating
air
quality.
A
burn
ban
may
be
declared
whenever
the
Regional
Administrator
determines
that
air
quality
levels
have
exceeded,
or
are
expected
to
exceed,
75%
of
any
national
ambient
air
quality
standard
for
particulate
matter,
and
these
levels
are
projected
to
continue
or
recur
over
at
least
the
next
24
hours.
May
28,
2004
Final
Rule
for
OMB
Review
119
(
3)
Except
for
exempted
fires
set
for
cultural
or
traditional
purposes,
all
open
burning
is
prohibited
whenever
the
Regional
Administrator
issues
an
air
stagnation
advisory
or
declares
an
air
pollution
alert,
air
pollution
warning,
or
air
pollution
emergency
pursuant
to
§
49.137
Rule
for
air
pollution
episodes.

(
4)
Nothing
in
this
section
exempts
or
excuses
any
person
from
complying
with
applicable
laws
and
ordinances
of
local
fire
departments
and
other
governmental
jurisdictions.

(
e)
Are
there
additional
requirements
that
must
be
met?

(
1)
A
person
subject
to
this
section
must
conduct
open
burning
as
follows:

(
i)
All
materials
to
be
openly
burned
must
be
kept
as
dry
as
possible
through
the
use
of
a
cover
or
dry
storage;

(
ii)
Before
igniting
a
burn,
noncombustibles
must
be
separated
from
the
materials
to
be
openly
burned
to
the
greatest
extent
practicable;

(
iii)
Natural
or
artificially
induced
draft
must
be
present,
including
the
use
of
blowers
or
air
curtain
incinerators
where
practicable;

(
iv)
To
the
greatest
extent
practicable,
materials
to
be
openly
burned
must
be
separated
from
the
grass
or
peat
layer;
and
(
v)
A
fire
must
not
be
allowed
to
smolder.

(
2)
Except
for
exempted
fires
set
for
cultural
or
traditional
purposes,
a
person
must
not
initiate
any
open
burning
when:

(
i)
The
Regional
Administrator
has
declared
a
burn
ban;

(
ii)
An
air
stagnation
advisory
has
been
issued
or
an
air
pollution
alert,
warning,
or
emergency
has
been
declared
by
the
Regional
Administrator.
May
28,
2004
Final
Rule
for
OMB
Review
120
(
3)
Except
for
exempted
fires
set
for
cultural
or
traditional
purposes,
any
person
conducting
open
burning
when
such
an
advisory
is
issued
or
declaration
is
made
must
either
immediately
extinguish
the
fire,
or
immediately
withhold
additional
material
such
that
the
fire
burns
down.

(
f)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Air
pollutant,
ambient
air,
emission,
open
burning,

particulate
matter,
PM10,
PM2.5,
Regional
Administrator,
stack,
and
uncombined
water.

§
49.132
Rule
for
general
open
burning
permits.

(
a)
What
is
the
purpose
of
this
section?
This
section
establishes
a
permitting
program
for
open
burning
within
the
Indian
reservation
to
control
emissions
of
particulate
matter
and
other
noxious
fumes
to
the
atmosphere
and
ground­
level
concentrations
of
particulate
matter.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
conducts
open
burning.

(
c)
What
is
exempted
from
this
section?
The
following
open
fires
are
exempted
from
this
section:

(
1)
Outdoor
fires
set
for
cultural
or
traditional
purposes;

(
2)
Fires
set
for
cultural
or
traditional
purposes
within
structures
such
as
sweat
houses
or
lodges;

(
3)
Fires
set
for
recreational
purposes,
provided
that
no
prohibited
materials
are
burned;

(
4)
Forestry
and
silvicultural
burning;
and
(
5)
Agricultural
burning.

(
d)
What
are
the
requirements
for
open
burning?
May
28,
2004
Final
Rule
for
OMB
Review
121
(
1)
A
person
must
apply
for
and
obtain
a
permit
for
the
open
burn,
have
the
permit
available
on­
site
during
the
open
burn,
and
conduct
the
open
burning
in
accordance
with
the
terms
and
conditions
of
the
permit.

(
2)
The
date
after
which
a
person
must
apply
for
and
obtain
a
permit
under
this
section
is
identified
in
the
implementation
plan
in
subpart
M
of
this
part
for
the
specific
reservation
where
this
section
applies.

(
3)
A
person
must
comply
with
the
§
49.131
General
rule
for
open
burning
or
the
EPAapproved
Tribal
open
burning
rule,
as
applicable.

(
4)
Nothing
in
this
section
exempts
or
excuses
any
person
from
complying
with
any
applicable
laws
and
ordinances
of
local
fire
departments
or
other
governmental
jurisdictions
.

(
e)
Are
there
additional
requirements
that
must
be
met?

(
1)
A
person
subject
to
this
section
must
submit
an
application
to
the
Regional
Administrator
for
each
proposed
open
burn.
An
application
must
be
submitted
in
writing
at
least
one
working
day,
and
no
earlier
than
five
working
days,
prior
to
the
requested
date
that
the
burn
would
be
conducted,
and
must
contain,
at
a
minimum,
the
following
information:

(
i)
Street
address
of
the
property
upon
that
the
proposed
open
burning
will
occur,
or
if
there
is
no
street
address
of
the
property,
the
legal
description
of
the
property.

(
ii)
Name,
mailing
address,
and
telephone
number
of
the
person
who
will
be
responsible
for
conducting
the
proposed
open
burning.

(
iii)
A
plot
plan
showing
the
location
of
the
proposed
open
burning
in
relation
to
the
property
lines
and
indicating
the
distances
and
directions
of
the
nearest
residential
and
commercial
properties.
May
28,
2004
Final
Rule
for
OMB
Review
122
(
iv)
The
type
and
quantity
of
materials
proposed
to
be
burned,
including
the
estimated
volume
of
material
to
be
burned
and
the
area
over
which
burning
will
be
conducted.

(
v)
A
description
of
the
measures
that
will
be
taken
to
prevent
escaped
burns,
including
but
not
limited
to
the
availability
of
water.

(
vi)
The
requested
date
when
the
proposed
open
burning
would
be
conducted
and
the
duration
of
the
burn
if
it
is
more
than
one
day.

(
vii)
Any
other
information
specifically
requested
by
the
Regional
Administrator.

(
2)
If
the
proposed
open
burning
is
consistent
with
this
section
and
§
49.131
General
rule
for
open
burning,
or
the
EPA­
approved
Tribal
open
burning
rule,
the
Regional
Administrator
may
issue
a
burn
permit.
The
permit
will
authorize
burning
only
for
the
requested
date(
s)
and
will
include
any
conditions
that
the
Regional
Administrator
determines
are
necessary
to
ensure
compliance
with
this
section,
§
49.131
General
rule
for
open
burning
or
the
EPA­
approved
Tribal
open
burning
rule,
and
to
protect
the
public
health
and
welfare.

(
3)
When
reviewing
an
application,
the
Regional
Administrator
will
take
into
consideration
relevant
factors
including,
but
not
limited
to,
the
size,
duration,
and
location
of
the
proposed
open
burn,
the
current
and
projected
air
quality
conditions,
the
forecasted
meteorological
conditions,

and
other
scheduled
burning
activities
in
the
surrounding
area.
Where
the
Regional
Administrator
determines
that
the
proposed
open
burning
can
be
conducted
without
causing
an
adverse
impact
on
air
quality,
a
permit
may
be
issued.

(
4)
The
Regional
Administrator,
to
the
extent
practical,
will
coordinate
the
issuance
of
open
burning
permits
with
the
open
burning
permit
programs
of
surrounding
jurisdictions.
May
28,
2004
Final
Rule
for
OMB
Review
123
(
f)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Agricultural
burning,
air
pollutant,
ambient
air,

emission,
forestry
or
silvicultural
burning,
open
burning,
particulate
matter,
PM10,
PM2.5,

Regional
Administrator,
stack,
and
uncombined
water.

§
49.133
Rule
for
agricultural
burning
permits.

(
a)
What
is
the
purpose
of
this
section?
This
section
establishes
a
permitting
program
for
agricultural
burning
within
the
Indian
reservation
to
control
emissions
of
particulate
matter
and
other
noxious
fumes
to
the
atmosphere
and
ground­
level
concentrations
of
particulate
matter.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
conducts
agricultural
burning.

(
c)
What
are
the
requirements
for
agricultural
burning?

(
1)
A
person
must
apply
for
a
permit
to
conduct
an
agricultural
burn,
obtain
approval
of
the
permit
on
the
day
of
the
burn,
have
the
permit
available
onsite
during
the
burn,
and
conduct
the
burn
in
accordance
with
the
terms
and
conditions
of
the
permit.

(
2)
The
date
after
which
a
person
must
apply
for
and
obtain
approval
of
a
permit
under
this
section
is
identified
in
the
implementation
plan
in
subpart
M
of
this
part
for
the
specific
reservation
where
this
section
applies.

(
3)
A
person
must
comply
with
§
49.131
General
rule
for
open
burning
or
the
EPAapproved
Tribal
open
burning
rule,
as
applicable.

(
4)
Nothing
in
this
section
exempts
or
excuses
any
person
from
complying
with
any
applicable
laws
and
ordinances
of
local
fire
departments
or
other
governmental
jurisdictions.
May
28,
2004
Final
Rule
for
OMB
Review
124
(
d)
Are
there
additional
requirements
that
must
be
met?

(
1)
A
person
subject
to
this
section
must
submit
an
application
to
the
Regional
Administrator
for
each
proposed
agricultural
burn.
An
application
must
contain,
at
a
minimum,
the
following
information:

(
i)
Street
address
of
the
property
upon
which
the
proposed
agricultural
burning
will
occur
or,

if
there
is
no
street
address
of
the
property,
the
legal
description
of
the
property.

(
ii)
Name,
mailing
address,
and
telephone
number
of
the
applicant
and
the
person
who
will
be
responsible
for
conducting
the
proposed
agricultural
burning.

(
iii)
A
plot
plan
showing
the
location
of
each
proposed
agricultural
burning
area
in
relation
to
the
property
lines
and
indicating
the
distances
and
directions
of
the
nearest
residential,
public,

and
commercial
properties,
roads,
and
other
areas
that
could
be
impacted
by
the
burning.

(
iv)
The
type
and
quantity
of
agricultural
wastes
proposed
to
be
burned,
including
the
estimated
weight
of
material
to
be
burned
and
the
area
over
which
burning
will
be
conducted.

(
v)
A
description
of
the
burning
method(
s)
to
be
used
(
pile
or
stack
burn,
open
field
or
broadcast
burn,
windrow
burn,
mobile
field
sanitizer,
etc.)
and
the
amount
of
material
to
be
burned
with
each
method.

(
vi)
A
description
of
the
measures
that
will
be
taken
to
prevent
escaped
burns,
including
but
not
limited
to
the
availability
of
water
and
plowed
firebreaks.

(
vii)
The
requested
date(
s)
when
the
proposed
agricultural
burning
would
be
conducted.

(
viii)
Any
other
information
specifically
requested
by
the
Regional
Administrator.

(
2)
If
the
proposed
agricultural
burning
is
consistent
with
this
section
and
§
49.131
General
rule
for
open
burning,
or
the
EPA­
approved
Tribal
open
burning
rule,
the
Regional
May
28,
2004
Final
Rule
for
OMB
Review
125
Administrator
may
approve
the
agricultural
burning
permit
and
authorize
burning
on
the
day
burning
is
to
be
conducted
after
taking
into
consideration
relevant
factors
including,
but
not
limited
to:

(
i)
The
size,
duration,
and
location
of
the
proposed
burn,
the
current
and
projected
air
quality
conditions,
the
forecasted
meteorological
conditions,
and
other
scheduled
burning
activities
in
the
surrounding
area;
and
(
ii)
Other
factors
indicating
whether
or
not
the
proposed
agricultural
burning
can
be
conducted
without
causing
an
adverse
impact
on
air
quality.

(
3)
The
Regional
Administrator,
to
the
extent
practical,
will
consult
with
and
coordinate
approvals
to
burn
with
the
open
burning
programs
of
surrounding
jurisdictions.

(
e)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Agricultural
burning
or
agricultural
burn,
air
pollutant,
ambient
air,
emission,
open
burning,
particulate
matter,
PM10,
PM2.5,
Regional
Administrator,
stack,
and
uncombined
water.

§
49.134
Rule
for
forestry
and
silvicultural
burning
permits.

(
a)
What
is
the
purpose
of
this
section?
This
section
establishes
a
permitting
program
for
forestry
and
silvicultural
burning
within
the
Indian
reservation
to
control
emissions
of
particulate
matter
and
other
noxious
fumes
to
the
atmosphere
and
ground­
level
concentrations
of
particulate
matter.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
conducts
forestry
or
silvicultural
burning.
May
28,
2004
Final
Rule
for
OMB
Review
126
(
c)
What
are
the
requirements
for
forestry
and
silvicultural
burning?

(
1)
A
person
must
apply
for
a
permit
to
conduct
a
forestry
or
silvicultural
burn,
obtain
approval
of
the
permit
on
the
day
of
the
burn,
have
the
permit
available
on­
site
during
the
burn,

and
conduct
the
burn
in
accordance
with
the
terms
and
conditions
of
the
permit.

(
2)
The
date
after
which
a
person
must
apply
for
and
obtain
approval
of
a
permit
under
this
section
is
identified
in
the
implementation
plan
in
subpart
M
of
this
part
for
the
specific
reservation
where
this
section
applies.

(
3)
A
person
must
comply
with
§
49.131
General
rule
for
open
burning
or
the
EPAapproved
Tribal
open
burning
rule,
as
applicable.

(
4)
Nothing
in
this
section
exempts
or
excuses
any
person
from
complying
with
any
applicable
laws
and
ordinances
of
local
fire
departments
or
other
governmental
jurisdictions.

(
d)
Are
there
additional
requirements
that
must
be
met?

(
1)
A
person
subject
to
this
section
must
submit
an
application
to
the
Regional
Administrator
for
each
proposed
forestry
or
silvicultural
burn.
An
application
must
contain,
at
a
minimum,
the
following
information:

(
i)
Street
address
of
the
property
upon
which
the
proposed
forestry
or
silvicultural
burning
will
occur
or,
if
there
is
no
street
address
of
the
property,
the
legal
description
of
the
property.

(
ii)
Name,
mailing
address,
and
telephone
number
of
the
person
who
will
be
responsible
for
conducting
the
proposed
forestry
or
silvicultural
burning.

(
iii)
A
plot
plan
showing
the
location
of
the
proposed
forestry
or
silvicultural
burning
in
relation
to
the
property
lines
and
indicating
the
distances
and
directions
of
the
nearest
residential,

public,
and
commercial
properties,
roads,
and
other
areas
that
could
be
affected
by
the
burning.
May
28,
2004
Final
Rule
for
OMB
Review
127
(
iv)
The
type
and
quantity
of
forestry
or
silvicultural
residues
proposed
to
be
burned,

including
the
estimated
weight
of
material
to
be
burned
and
the
area
over
which
burning
will
be
conducted.

(
v)
A
description
of
the
burning
method(
s)
to
be
used
(
pile
burn,
broadcast
burn,
windrow
burn,
understory
burn,
etc.)
and
the
amount
of
material
to
be
burned
with
each
method.

(
vi)
A
description
of
the
measures
that
will
be
taken
to
prevent
escaped
burns,
including
but
not
limited
to
the
availability
of
water
and
firebreaks.

(
vii)
The
requested
date(
s)
that
the
proposed
forestry
or
silvicultural
burning
would
be
conducted.

(
viii)
Any
other
information
specifically
requested
by
the
Regional
Administrator.

(
2)
If
the
proposed
forestry
or
silvicultural
burning
is
consistent
with
this
section
and
§
49.131
General
rule
for
open
burning,
or
the
EPA­
approved
Tribal
open
burning
rule,
the
Regional
Administrator
may
approve
the
forestry
or
silvicultural
burning
permit
and
authorize
burning
on
the
day
burning
is
to
be
conducted
after
taking
into
consideration
relevant
factors
including,
but
not
limited
to:

(
i)
The
size,
duration,
and
location
of
the
proposed
burn,
the
current
and
projected
air
quality
conditions,
the
forecasted
meteorological
conditions,
and
other
scheduled
burning
activities
in
the
surrounding
area;
and
(
ii)
Other
factors
indicating
whether
or
not
the
proposed
forestry
or
silvicultural
burning
can
be
conducted
without
causing
an
adverse
impact
on
air
quality.

(
3)
The
Regional
Administrator,
to
the
extent
practical,
will
consult
with
and
coordinate
approvals
to
burn
with
the
open
burning
programs
of
surrounding
jurisdictions.
May
28,
2004
Final
Rule
for
OMB
Review
128
(
e)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Air
pollutant,
ambient
air,
emission,
forestry
or
silvicultural
burning,
open
burning,
particulate
matter,
PM10,
PM2.5,
Regional
Administrator,

stack,
and
uncombined
water.

§
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
a)
What
is
the
purpose
of
this
section?
This
section
is
intended
to
prevent
the
emission
of
air
pollutants
from
any
air
pollution
source
operating
within
the
Indian
reservation
from
being
detrimental
to
human
health
or
welfare.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
owns
or
operates
an
air
pollution
source.

(
c)
What
are
the
requirements
for
air
pollution
sources?

(
1)
A
person
must
not
cause
or
allow
the
emission
of
any
air
pollutants
from
an
air
pollution
source,
in
sufficient
quantities
and
of
such
characteristic
and
duration,
that
the
Regional
Administrator
determines:

(
i)
Causes
or
contributes
to
a
violation
of
any
national
ambient
air
quality
standard;
or
(
ii)
Is,
or
would
likely
be,
injurious
to
human
health
or
welfare.

(
2)
If
the
Regional
Administrator
makes
either
of
the
determinations
in
paragraph
(
c)(
1)
of
this
section,
then
the
Regional
Administrator
may
require
the
owner
or
operator
of
the
source
to
install
air
pollution
controls
and/
or
to
take
reasonable
precautions
to
reduce
or
prevent
the
emissions.
If
the
Regional
Administrator
determines
that
the
installation
of
air
pollution
controls
and/
or
reasonable
precautions
are
necessary,
then
the
Regional
Administrator
will
require
the
May
28,
2004
Final
Rule
for
OMB
Review
129
owner
or
operator
to
obtain
a
permit
to
construct
or
permit
to
operate
for
the
source.
The
specific
requirements
will
be
established
in
the
required
permit
to
construct
or
permit
to
operate.

(
3)
Nothing
in
this
section
affects
the
ability
of
the
Regional
Administrator
to
issue
an
order
pursuant
to
section
303
of
the
Act
to
require
an
owner
or
operator
to
immediately
reduce
or
cease
the
emission
of
air
pollutants.

(
4)
Nothing
in
this
section
shall
be
construed
to
impair
any
cause
of
action
or
legal
remedy
of
any
person,
or
the
public,
for
injury
or
damages
arising
from
the
emission
of
any
air
pollutant
in
such
place,
manner,
or
amount
as
to
constitute
a
common
law
nuisance.

(
d)
What
does
someone
subject
to
this
section
need
to
do?
A
person
subject
to
this
section
must
comply
with
the
terms
and
conditions
of
any
permit
to
construct,
permit
to
operate,
or
order
issued
by
the
Regional
Administrator.

(
e)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Air
pollutant,
air
pollution
source,
ambient
air,

emission,
owner
or
operator,
permit
to
construct,
permit
to
operate,
Regional
Administrator,

source,
and
stationary
source.

§
49.136
Rule
for
emissions
detrimental
to
persons,
property,
cultural
or
traditional
resources
(
Tribal
Alternative
Rule).

(
a)
What
is
the
purpose
of
this
section?
This
section
is
intended
to
prevent
the
emission
of
air
pollutants
from
any
air
pollution
source
operating
within
the
Indian
reservation
from
being
detrimental
to
persons,
property,
or
cultural
or
traditional
resources.
May
28,
2004
Final
Rule
for
OMB
Review
130
(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
owns
or
operates
an
air
pollution
source.

(
c)
What
are
the
requirements
for
air
pollution
sources?

(
1)
A
person
must
not
cause
or
allow
the
emission
of
any
air
pollutants
from
an
air
pollution
source,
in
sufficient
quantities
and
of
such
characteristic
and
duration,
that
the
Regional
Administrator
determines:

(
i)
Causes
or
contributes
to
a
violation
of
any
national
ambient
air
quality
standard;

(
ii)
Is,
or
would
likely
be,
injurious
to
human
health
or
welfare,
animal
or
plant
life,
or
property;

(
iii)
Unreasonably
interferes
with
the
enjoyment
of
life
or
property;
or
(
iv)
Is,
or
would
likely
be,
damaging
to
unique
Tribal
cultural
or
traditional
resources.

(
2)
If
the
Regional
Administrator
makes
any
of
the
determinations
in
paragraph
(
c)(
1)
of
this
section,
then
the
Regional
Administrator
may
require
the
owner
or
operator
of
the
source
to
install
air
pollution
controls
and/
or
to
take
reasonable
precautions
to
reduce
or
prevent
the
emissions.
If
the
Regional
Administrator
determines
that
the
installation
of
air
pollution
controls
and/
or
reasonable
precautions
are
necessary,
then
the
Regional
Administrator
will
require
the
owner
or
operator
to
obtain
a
permit
to
construct
or
permit
to
operate
for
the
source.
The
specific
requirements
will
be
established
in
the
required
permit
to
construct
or
permit
to
operate.

(
3)
Nothing
in
this
section
affects
the
ability
of
the
Regional
Administrator
to
issue
an
order
pursuant
to
section
303
of
the
Act
to
require
an
owner
or
operator
to
immediately
reduce
or
cease
the
emission
of
air
pollutants.
May
28,
2004
Final
Rule
for
OMB
Review
131
(
4)
Nothing
in
this
section
shall
be
construed
to
impair
any
cause
of
action
or
legal
remedy
of
any
person,
or
the
public,
for
injury
or
damages
arising
from
the
emission
of
any
air
pollutant
in
such
place,
manner,
or
amount
as
to
constitute
a
common
law
nuisance.

(
d)
What
does
someone
subject
to
this
section
need
to
do?
A
person
subject
to
this
section
must
comply
with
the
terms
and
conditions
of
any
permit
to
construct,
permit
to
operate,
or
order
issued
by
the
Regional
Administrator.

(
e)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Air
pollutant,
air
pollution
source,
ambient
air,

emission,
owner
or
operator,
permit
to
construct,
permit
to
operate,
Regional
Administrator,

source,
and
stationary
source.

§
49.137
Rule
for
air
pollution
episodes.

(
a)
What
is
the
purpose
of
this
section?
This
section
establishes
procedures
for
addressing
the
excessive
buildup
of
certain
air
pollutants
during
periods
of
stagnant
air.
This
section
is
intended
to
prevent
the
occurrence
of
an
air
pollution
emergency
within
the
Indian
reservation
due
to
the
effects
of
these
air
pollutants
on
human
health.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
the
Regional
Administrator
and
any
person
who
owns
or
operates
an
air
pollution
source
within
the
Indian
reservation.

(
c)
What
are
the
requirements
of
this
section?

(
1)
Air
pollution
action
level
triggers.
Conditions
justifying
the
declaration
of
an
air
pollution
alert,
air
pollution
warning,
or
air
pollution
emergency
exist
whenever
the
Regional
Administrator
determines
that
the
accumulation
of
air
pollutants
in
any
place
is
approaching,
or
May
28,
2004
Final
Rule
for
OMB
Review
132
has
reached,
levels
that
could
lead
to
a
threat
to
human
health.
The
following
criteria
will
be
used
for
making
these
determinations:

(
i)
Air
stagnation
advisory.
An
air
stagnation
advisory
may
be
issued
by
the
Regional
Administrator
whenever
meteorological
conditions
over
a
large
area
are
conducive
to
the
buildup
of
air
pollutants.

(
ii)
Air
pollution
alert.
An
air
pollution
alert
may
be
declared
by
the
Regional
Administrator
when
any
one
of
the
following
levels
is
reached,
or
is
projected
to
be
reached,
at
any
monitoring
site
and
the
meteorological
conditions
are
such
that
the
level
is
expected
to
continue
or
reoccur
over
the
next
24
hours.

(
A)
Particulate
matter
(
PM10):
350
micrograms
per
cubic
meter,
24­
hour
average;

(
B)
Carbon
monoxide
(
CO):
17
milligrams
per
cubic
meter
(
15
ppm),
8­
hour
average;

(
C)
Sulfur
dioxide
(
SO
2):
800
micrograms
per
cubic
meter
(
0.3
ppm),
24­
hour
average;

(
D)
Ozone
(
O
3):
400
micrograms
per
cubic
meter
(
0.2
ppm),
1­
hour
average;

(
E)
Nitrogen
dioxide
(
NO
2):
1,130
micrograms
per
cubic
meter
(
0.6
ppm),
1­
hour
average;

and
282
micrograms
per
cubic
meter
(
0.15
ppm),
24­
hour
average.

(
iii)
Air
pollution
warning.
An
air
pollution
warning
may
be
declared
by
the
Regional
Administrator
when
any
one
of
the
following
levels
is
reached,
or
is
projected
to
be
reached,
at
any
monitoring
site
and
the
meteorological
conditions
are
such
that
the
level
is
expected
to
continue
or
reoccur
over
the
next
24
hours.

(
A)
Particulate
matter
(
PM10):
420
micrograms
per
cubic
meter,
24­
hour
average;

(
B)
Carbon
monoxide
(
CO):
34
milligrams
per
cubic
meter
(
30
ppm),
8­
hour
average;

(
C)
Sulfur
dioxide
(
SO
2):
1,600
micrograms
per
cubic
meter
(
0.6
ppm),
24­
hour
average;
May
28,
2004
Final
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OMB
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133
(
D)
Ozone
(
O
3):
800
micrograms
per
cubic
meter
(
0.4
ppm),
1­
hour
average;

(
E)
Nitrogen
dioxide
(
NO
2):
2,260
micrograms
per
cubic
meter
(
1.2
ppm),
1­
hour
average;

and
565
micrograms
per
cubic
meter
(
0.3
ppm),
24­
hour
average.

(
iv)
Air
pollution
emergency.
An
air
pollution
emergency
may
be
declared
by
the
Regional
Administrator
when
any
one
of
the
following
levels
is
reached,
or
is
projected
to
be
reached,
at
any
monitoring
site
and
the
meteorological
conditions
are
such
that
the
level
is
expected
to
continue
or
reoccur
over
the
next
24
hours.

(
A)
Particulate
matter
(
PM10):
500
micrograms
per
cubic
meter,
24­
hour
average;

(
B)
Carbon
monoxide
(
CO):
46
milligrams
per
cubic
meter
(
40
ppm),
8­
hour
average;

(
C)
Sulfur
dioxide
(
SO
2):
2,100
micrograms
per
cubic
meter
(
0.8
ppm),
24­
hour
average;

(
D)
Ozone
(
O
3):
1,000
micrograms
per
cubic
meter
(
0.5
ppm),
1­
hour
average;

(
E)
Nitrogen
dioxide
(
NO
2):
3,000
micrograms
per
cubic
meter
(
1.6
ppm),
1­
hour
average;

and
750
micrograms
per
cubic
meter
(
0.4
ppm),
24­
hour
average.

(
v)
Termination.
Once
declared,
an
air
pollution
alert,
warning,
or
emergency
will
remain
in
effect
until
the
Regional
Administrator
makes
a
new
determination
and
declares
a
new
level.

(
2)
Announcements
by
the
Regional
Administrator.
The
Regional
Administrator
will
request
that
announcement
of
an
air
stagnation
advisory,
air
pollution
alert,
air
pollution
warning,
or
air
pollution
emergency
be
broadcast
on
local
television
and
radio
stations
in
the
affected
area
and
posted
on
their
websites.
Announcements
will
also
be
posted
on
the
EPA
Region
10
website
and,

where
possible,
on
the
websites
of
Tribes
within
the
affected
area.
These
announcements
will
indicate
that
air
pollution
levels
exist
that
could
potentially
be
harmful
to
human
health
and
indicate
actions
that
people
can
take
to
reduce
exposure.
The
announcements
will
also
request
May
28,
2004
Final
Rule
for
OMB
Review
134
voluntary
actions
to
reduce
emissions
from
sources
of
air
pollutants
as
well
as
indicate
that
a
ban
on
open
burning
is
in
effect.

(
3)
Voluntary
curtailment
of
emissions
by
sources.
Whenever
the
Regional
Administrator
declares
an
air
stagnation
advisory,
air
pollution
alert,
air
pollution
warning,
or
air
pollution
emergency,
sources
of
air
pollutants
will
be
requested
to
take
voluntary
actions
to
reduce
emissions.
People
should
refrain
from
using
their
wood­
stoves
and
fireplaces
unless
they
are
their
sole
source
of
heat.
People
should
reduce
their
use
of
motor
vehicles
to
the
extent
possible.

Industrial
sources
should
curtail
operations
or
switch
to
a
cleaner
fuel
if
possible.

(
4)
Mandatory
curtailment
of
emissions
by
order
of
the
Regional
Administrator.

(
i)
Except
for
exempted
fires
set
for
cultural
or
traditional
purposes,
all
open
burning
is
prohibited
whenever
the
Regional
Administrator
issues
an
air
stagnation
advisory
or
declares
an
air
pollution
alert,
air
pollution
warning,
or
air
pollution
emergency.
Except
for
exempted
fires
set
for
cultural
or
traditional
purposes,
all
open
burning
is
prohibited
when
a
burn
ban
is
declared
pursuant
to
§
49.131
General
rule
for
open
burning
or
the
EPA­
approved
Tribal
open
burning
rule.

(
ii)
Except
for
exempted
fires
set
for
cultural
or
traditional
purposes,
any
person
conducting
open
burning
when
such
an
advisory
is
issued
or
declaration
is
made
must
either
immediately
extinguish
the
fire,
or
immediately
withhold
additional
material
such
that
the
fire
burns
down.

(
iii)
During
an
air
pollution
warning
or
air
pollution
emergency,
the
Regional
Administrator
may
issue
an
order
to
any
air
pollution
source
requiring
such
source
to
curtail
or
eliminate
the
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
135
(
d)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Air
pollutant,
air
pollution
source,
ambient
air,

emission,
fuel,
motor
vehicle,
open
burning,
Regional
Administrator,
and
source.

§
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
a)
What
is
the
purpose
of
this
section?
This
section
allows
the
Regional
Administrator
to
develop
and
maintain
a
current
and
accurate
record
of
air
pollution
sources
and
their
emissions
within
the
Indian
reservation.

(
b)
Who
is
affected
by
this
section?
This
section
applies
to
any
person
who
owns
or
operates
a
part
71
source
or
an
air
pollution
source
that
is
subject
to
a
standard
established
under
section
111
or
section
112
of
the
Federal
Clean
Air
Act.
This
section
also
applies
to
any
person
who
owns
or
operates
any
other
air
pollution
source
except
those
exempted
in
paragraph
(
c)
of
this
section.

(
c)
What
is
exempted
from
this
section?
As
provided
in
paragraph
(
b)
of
this
section,
this
section
does
not
apply
to
the
following
air
pollution
sources:

(
1)
Air
pollution
sources
that
do
not
have
the
potential
to
emit
more
than
two
tons
per
year
of
any
air
pollutant;

(
2)
Mobile
sources;

(
3)
Single
family
residences,
and
residential
buildings
with
four
or
fewer
dwelling
units;

(
4)
Air
conditioning
units
used
for
human
comfort
that
do
not
exhaust
air
pollutants
into
the
atmosphere
from
any
manufacturing
or
industrial
process;
May
28,
2004
Final
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OMB
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136
(
5)
Ventilating
units
used
for
human
comfort
that
do
not
exhaust
air
pollutants
into
the
atmosphere
from
any
manufacturing
or
industrial
process;

(
6)
Furnaces
and
boilers
used
exclusively
for
space
heating
with
a
rated
heat
input
capacity
of
less
than
400,000
British
thermal
units
(
Btu)
per
hour;

(
7)
Cooking
of
food,
except
for
wholesale
businesses
that
both
cook
and
sell
cooked
food;

(
8)
Consumer
use
of
office
equipment
and
products;

(
9)
Janitorial
services
and
consumer
use
of
janitorial
products;

(
10)
Maintenance
and
repair
activities,
except
for
air
pollution
sources
engaged
in
the
business
of
maintaining
and
repairing
equipment;

(
11)
Agricultural
activities
and
forestry
and
silvicultural
activities,
including
agricultural
burning
and
forestry
and
silvicultural
burning;
and
(
12)
Open
burning.

(
d)
What
are
the
requirements
of
this
section?
Any
person
who
owns
or
operates
an
air
pollution
source
subject
to
this
section,
except
for
part
71
sources,
must
register
the
source
with
the
Regional
Administrator
and
submit
reports
as
specified
in
paragraph
(
e)
of
this
section.
Any
person
who
owns
or
operates
a
part
71
source
must
submit
reports
as
specified
in
paragraph
(
f)
of
this
section.
All
registration
information
and
reports
must
be
submitted
on
forms
provided
by
the
Regional
Administrator.

(
e)
Are
there
additional
requirements
that
must
be
met?
Any
person
who
owns
or
operates
an
air
pollution
source
subject
to
this
section,
except
for
part
71
sources,
must
register
an
air
pollution
source
and
submit
reports
as
follows:
May
28,
2004
Final
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for
OMB
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137
(
1)
Initial
registration.
The
owner
or
operator
of
an
air
pollution
source
that
exists
on
the
effective
date
of
this
section
must
register
the
air
pollution
source
with
the
Regional
Administrator
by
no
later
than
February
15,
2007.
The
owner
or
operator
of
a
new
air
pollution
source
must
register
with
the
Regional
Administrator
within
90
days
after
beginning
operation.

Submitting
an
initial
registration
does
not
relieve
the
owner
or
operator
from
the
requirement
to
obtain
a
permit
to
construct
if
the
new
air
pollution
source
would
be
a
new
source
or
modification
subject
to
any
Federal
or
Tribal
permit
to
construct
rule.

(
2)
Annual
registration.
After
initial
registration,
the
owner
or
operator
of
an
air
pollution
source
must
re­
register
with
the
Regional
Administrator
by
February
15
of
each
year.
The
annual
registration
must
include
all
of
the
information
required
in
the
initial
registration
and
must
be
updated
to
reflect
any
changes
since
the
previous
registration.
For
information
that
has
not
changed
since
the
previous
registration,
the
owner
or
operator
may
reaffirm
in
writing
that
the
information
previously
furnished
to
the
Regional
Administrator
is
still
correct.

(
3)
Information
to
include
in
initial
registration
and
annual
registration.
Each
initial
registration
and
annual
registration
must
include
the
following
information
if
it
applies:

(
i)
Name
of
the
air
pollution
source
and
the
nature
of
the
business.

(
ii)
Street
address,
telephone
number,
and
facsimile
number
of
the
air
pollution
source.

(
iii)
Name,
mailing
address,
and
telephone
number
of
the
owner
or
operator.

(
iv)
Name,
mailing
address,
telephone
number,
and
facsimile
number
of
the
local
individual
responsible
for
compliance
with
this
section.

(
v)
Name
and
mailing
address
of
the
individual
authorized
to
receive
requests
for
data
and
information.
May
28,
2004
Final
Rule
for
OMB
Review
138
(
vi)
A
description
of
the
production
processes,
air
pollution
control
equipment,
and
a
related
flow
chart.

(
vii)
Identification
of
emission
units
and
air
pollutant­
generating
activities.

(
viii)
A
plot
plan
showing
the
location
of
all
emission
units
and
air
pollutant­
generating
activities.
The
plot
plan
must
also
show
the
property
lines
of
the
air
pollution
source,
the
height
above
grade
of
each
emission
release
point,
and
the
distance
and
direction
to
the
nearest
residential
or
commercial
property.

(
ix)
Type
and
quantity
of
fuels,
including
the
sulfur
content
of
fuels,
used
on
a
daily,
annual,

and
maximum
hourly
basis.

(
x)
Type
and
quantity
of
raw
materials
used
or
final
product
produced
on
a
daily,
annual,
and
maximum
hourly
basis.

(
xi)
Typical
operating
schedule,
including
number
of
hours
per
day,
number
of
days
per
week,

and
number
of
weeks
per
year.

(
xii)
Estimates
of
the
total
actual
emissions
from
the
air
pollution
source
for
the
following
air
pollutants:
particulate
matter,
PM10,
PM2.5,
sulfur
oxides
(
SO
x),
nitrogen
oxides
(
NO
x),
carbon
monoxide
(
CO),
volatile
organic
compounds
(
VOC),
lead
(
Pb)
and
lead
compounds,
ammonia
(
NH
3),
fluorides
(
gaseous
and
particulate),
sulfuric
acid
mist
(
H
2
SO
4),
hydrogen
sulfide
(
H
2
S),

total
reduced
sulfur
(
TRS),
and
reduced
sulfur
compounds,
including
all
calculations
for
the
estimates.

(
xiii)
Estimated
efficiency
of
air
pollution
control
equipment
under
present
or
anticipated
operating
conditions.

(
xiv)
Any
other
information
specifically
requested
by
the
Regional
Administrator.
May
28,
2004
Final
Rule
for
OMB
Review
139
(
4)
Procedure
for
estimating
emissions.
The
initial
registration
and
annual
registration
must
include
an
estimate
of
actual
emissions
taking
into
account
equipment,
operating
conditions,
and
air
pollution
control
measures.
For
an
existing
air
pollution
source
that
operated
during
the
calendar
year
preceding
the
initial
registration
or
annual
registration
submittal,
the
actual
emissions
are
the
actual
rate
of
emissions
for
the
preceding
calendar
year
and
must
be
calculated
using
the
actual
operating
hours,
production
rates,
in­
place
control
equipment,
and
types
of
materials
processed,
stored,
or
combusted
during
the
preceding
calendar
year.
For
a
new
air
pollution
source
that
is
submitting
its
initial
registration,
the
actual
emissions
are
the
estimated
actual
rate
of
emissions
for
the
current
calendar
year.
The
emission
estimates
must
be
based
upon
actual
test
data
or,
in
the
absence
of
such
data,
upon
procedures
acceptable
to
the
Regional
Administrator.
Any
emission
estimates
submitted
to
the
Regional
Administrator
must
be
verifiable
using
currently
accepted
engineering
criteria.
The
following
procedures
are
generally
acceptable
for
estimating
emissions
from
air
pollution
sources:

(
i)
Source­
specific
emission
tests;

(
ii)
Mass
balance
calculations;

(
iii)
Published,
verifiable
emission
factors
that
are
applicable
to
the
source;

(
iv)
Other
engineering
calculations;
or
(
v)
Other
procedures
to
estimate
emissions
specifically
approved
by
the
Regional
Administrator.

(
5)
Report
of
relocation.
After
initial
registration,
the
owner
or
operator
of
an
air
pollution
source
must
report
any
relocation
of
the
source
to
the
Regional
Administrator
in
writing
no
later
than
30
days
prior
to
the
relocation
of
the
source.
The
report
must
update
the
information
May
28,
2004
Final
Rule
for
OMB
Review
140
required
in
paragraphs
(
e)(
3)(
i)
through
(
e)(
3)(
v)
and
(
e)(
3)(
viii)
of
this
section,
and
any
other
information
required
by
paragraph
(
e)(
3)
of
this
section
if
it
will
change
as
a
result
of
the
relocation.
Submitting
a
report
of
relocation
does
not
relieve
the
owner
or
operator
from
the
requirement
to
obtain
a
permit
to
construct
if
the
relocation
of
the
air
pollution
source
would
be
a
new
source
or
modification
subject
to
any
Federal
or
Tribal
permit
to
construct
rule.

(
6)
Report
of
change
of
ownership.
After
initial
registration,
the
owner
or
operator
of
an
air
pollution
source
must
report
any
change
of
ownership
to
the
Regional
Administrator
in
writing
within
90
days
after
the
change
in
ownership
is
effective.
The
report
must
update
the
information
required
in
paragraphs
(
e)(
3)(
i)
through
(
e)(
3)(
v)
of
this
section,
and
any
other
information
required
by
paragraph
(
e)(
3)
of
this
section
if
it
would
change
as
a
result
of
the
change
of
ownership.

(
7)
Report
of
closure.
Except
for
regular
seasonal
closures,
after
initial
registration,
the
owner
or
operator
of
an
air
pollution
source
must
submit
a
report
of
closure
to
the
Regional
Administrator
in
writing
within
90
days
after
the
cessation
of
all
operations
at
the
air
pollution
source.

(
8)
Certification
of
truth,
accuracy,
and
completeness.
All
registrations
and
reports
must
include
a
certification
signed
by
the
owner
or
operator
as
to
the
truth,
accuracy,
and
completeness
of
the
information.
This
certification
must
state
that,
based
on
information
and
belief
formed
after
reasonable
inquiry,
the
statements
and
information
are
true,
accurate,
and
complete.

(
f)
Requirements
for
part
71
sources.
The
owner
or
operator
of
a
part
71
source
must
submit
an
annual
registration
report
that
includes
the
information
required
by
paragraphs
(
e)(
3)
and
(
e)(
4)
of
this
section.
This
annual
registration
report
must
be
submitted
with
the
annual
emission
May
28,
2004
Final
Rule
for
OMB
Review
141
report
and
fee
calculation
worksheet
required
by
part
71
(
or
by
the
source's
part
71
permit
if
a
different
date
is
specified
in
the
permit).
The
owner
or
operator
may
submit
a
single
combined
report
provided
that
the
combined
report
clearly
identifies
which
emissions
are
the
basis
for
the
annual
registration
report,
the
part
71
annual
emission
report,
and
the
part
71
fee
calculation
worksheet.
The
first
annual
registration
report
for
a
part
71
source
shall
be
submitted
for
calendar
year
2006,
or
for
the
calendar
year
that
the
source
became
subject
to
part
71,
whichever
is
later.

(
g)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Act,
actual
emissions,
agricultural
activities,
air
pollutant,
air
pollution
source,
ambient
air,
British
thermal
unit
(
Btu),
emission,
emission
factor,

emission
unit,
forestry
or
silvicultural
activities,
forestry
or
silvicultural
burning,
fuel,
major
source,
marine
vessel,
mobile
source,
motor
vehicle,
new
air
pollution
source,
nonroad
engine,

nonroad
vehicle,
open
burning,
owner
or
operator,
part
71
source,
particulate
matter,
permit
to
construct,
PM10,
PM2.5,
rated
capacity,
Regional
Administrator,
source,
stack,
stationary
source,
and
uncombined
water.

§
49.139
Rule
for
non­
Title
V
operating
permits.

(
a)
What
is
the
purpose
of
this
section?
This
section
establishes
a
permitting
program
to
provide
for
the
establishment
of
Federally­
enforceable
requirements
for
air
pollution
sources
within
the
Indian
reservation.

(
b)
Who
is
affected
by
this
section?

(
1)
This
section
applies
to:
May
28,
2004
Final
Rule
for
OMB
Review
142
(
i)
The
owner
or
operator
of
any
air
pollution
source
who
wishes
to
obtain
a
Federallyenforceable
limitation
on
the
source's
actual
emissions
or
potential
to
emit;

(
ii)
Any
air
pollution
source
for
which
the
Regional
Administrator
determines
that
additional
Federally­
enforceable
requirements
are
necessary
to
ensure
compliance
with
the
implementation
plan;
or
(
iii)
Any
air
pollution
source
for
which
the
Regional
Administrator
determines
that
additional
Federally­
enforceable
requirements
are
necessary
to
ensure
the
attainment
and
maintenance
of
any
national
ambient
air
quality
standard
or
prevention
of
significant
deterioration
increment.

(
2)
To
the
extent
allowed
by
40
CFR
part
71,
or
a
Tribal
operating
permit
program
approved
pursuant
to
40
CFR
part
70,
a
Title
V
operating
permit
may
be
used
in
lieu
of
an
operating
permit
under
this
section
to
establish
the
limitations
or
requirements
in
paragraph
(
b)(
1)
of
this
section.

(
c)
What
are
the
procedures
for
obtaining
an
owner­
requested
operating
permit?

(
1)
The
owner
or
operator
of
an
air
pollution
source
who
wishes
to
obtain
a
Federallyenforceable
limitation
on
the
source's
actual
emissions
or
potential
to
emit
must
submit
an
application
to
the
Regional
Administrator
requesting
such
limitation.
The
application
must
be
submitted
on
forms
provided
by
the
Regional
Administrator
and
contain
the
information
specified
in
paragraph
(
d)
of
this
section.

(
2)
Within
60
days
after
receipt
of
an
application,
the
Regional
Administrator
will
determine
if
it
contains
the
information
specified
in
paragraph
(
d)
of
this
section
and
if
so,
will
deem
it
complete
for
the
purpose
of
preparing
a
draft
permit
to
operate.
If
the
Regional
Administrator
determines
that
the
application
is
incomplete,
it
will
be
returned
to
the
owner
or
operator
along
May
28,
2004
Final
Rule
for
OMB
Review
143
with
a
description
of
the
necessary
information
that
must
be
submitted
for
the
application
to
be
deemed
complete.

(
3)
The
Regional
Administrator
will
prepare
a
draft
permit
to
operate
and
a
draft
technical
support
document
that
describes
the
proposed
limitation
and
its
effect
on
the
actual
emissions
and/
or
potential
to
emit
of
the
air
pollution
source.

(
4)
The
Regional
Administrator
will
provide
a
copy
of
the
draft
permit
to
operate
and
draft
technical
support
document
to
the
owner
or
operator
of
the
air
pollution
source
and
will
provide
an
opportunity
for
the
owner
or
operator
to
meet
with
EPA
and
discuss
the
proposed
limitations.

(
5)
The
Regional
Administrator
will
provide
an
opportunity
for
public
comment
on
the
draft
permit
to
operate
as
follows:

(
i)
A
copy
of
the
draft
permit
to
operate,
the
draft
technical
support
document,
the
permit
application,
and
all
other
supporting
materials
will
be
made
available
for
public
inspection
in
at
least
one
location
in
the
area
affected
by
the
air
pollution
source.

(
ii)
A
notice
will
be
made
by
prominent
advertisement
in
a
newspaper
of
general
circulation
in
the
area
affected
by
the
air
pollution
source
of
the
availability
of
the
draft
permit
to
operate
and
supporting
materials
and
of
the
opportunity
to
comment.
Where
possible,
notices
will
also
be
made
in
the
Tribal
newspaper.

(
iii)
Copies
of
the
notice
will
be
provided
to
the
owner
or
operator
of
the
air
pollution
source,

the
Tribal
governing
body,
and
the
Tribal,
State,
and
local
air
pollution
authorities
having
jurisdiction
in
areas
outside
of
the
Indian
reservation
potentially
impacted
by
the
air
pollution
source.
May
28,
2004
Final
Rule
for
OMB
Review
144
(
iv)
A
30­
day
period
for
submittal
of
public
comments
will
be
provided
starting
upon
the
date
of
publication
of
the
notice.
If
requested,
the
Regional
Administrator
may
hold
a
public
hearing
and/
or
extend
the
public
comment
period
for
up
to
an
additional
30
days.

(
6)
After
the
close
of
the
public
comment
period,
the
Regional
Administrator
will
review
all
comments
received
and
prepare
a
final
permit
to
operate
and
final
technical
support
document.

The
final
technical
support
document
will
include
a
response
to
all
comments
received
during
the
public
comment
period.

(
7)
The
final
permit
to
operate
and
final
technical
support
document
will
be
sent
to
the
owner
or
operator
of
the
air
pollution
source
and
will
be
made
available
at
all
of
the
locations
where
the
draft
permit
was
made
available.
In
addition,
the
final
permit
to
operate
and
final
technical
support
document
will
be
sent
to
all
persons
who
provided
comments
on
the
draft
permit
to
operate.

(
8)
The
final
permit
to
operate
will
be
a
final
agency
action
for
purposes
of
administrative
appeal
and
judicial
review.

(
d)
What
must
the
owner
or
operator
of
an
air
pollution
source
include
in
an
application
for
a
Federally­
enforceable
limitation?

(
1)
The
owner
or
operator
of
an
air
pollution
source
that
wishes
to
obtain
a
Federallyenforceable
limitation
must
submit
to
the
Regional
Administrator
an
application,
on
forms
provided
by
the
Regional
Administrator,
for
a
permit
to
operate
that
includes
the
following
information:

(
i)
Name
of
the
air
pollution
source
and
the
nature
of
the
business.

(
ii)
Street
address,
telephone
number,
and
facsimile
number
of
the
air
pollution
source.
May
28,
2004
Final
Rule
for
OMB
Review
145
(
iii)
Name,
mailing
address,
and
telephone
number
of
the
owner
or
operator.

(
iv)
Name,
mailing
address,
telephone
number,
and
facsimile
number
of
the
local
individual
responsible
for
compliance
with
this
section.

(
v)
Name
and
mailing
address
of
the
individual
authorized
to
receive
requests
for
data
and
information.

(
vi)
For
each
air
pollutant
and
for
all
emission
units
and
air
pollutant­
generating
activities
to
be
covered
by
a
limitation:

(
A)
The
proposed
limitation
and
a
description
of
its
effect
on
actual
emissions
or
the
potential
to
emit.
Proposed
limitations
may
include,
but
are
not
limited
to,
emission
limitations,
production
limits,
operational
restrictions,
fuel
or
raw
material
specifications,
and/
or
requirements
for
installation
and
operation
of
emission
controls.
Proposed
limitations
must
have
a
reasonably
short
averaging
period,
taking
into
consideration
the
operation
of
the
air
pollution
source
and
the
methods
to
be
used
for
demonstrating
compliance.

(
B)
Proposed
testing,
monitoring,
recordkeeping,
and
reporting
requirements
to
be
used
to
demonstrate
and
assure
compliance
with
the
proposed
limitation.

(
C)
A
description
of
the
production
processes
and
a
related
flow
chart.

(
D)
Identification
of
emission
units
and
air
pollutant­
generating
activities.

(
E)
Type
and
quantity
of
fuels
and/
or
raw
materials
used.

(
F)
Description
and
estimated
efficiency
of
air
pollution
control
equipment
under
present
or
anticipated
operating
conditions.

(
G)
Estimates
of
the
current
actual
emissions
and
current
potential
to
emit,
including
all
calculations
for
the
estimates.
May
28,
2004
Final
Rule
for
OMB
Review
146
(
H)
Estimates
of
the
allowable
emissions
and/
or
potential
to
emit
that
would
result
from
compliance
with
the
proposed
limitation,
including
all
calculations
for
the
estimates.

(
vii)
Any
other
information
specifically
requested
by
the
Regional
Administrator.

(
2)
Estimates
of
actual
emissions
must
be
based
upon
actual
test
data,
or
in
the
absence
of
such
data,
upon
procedures
acceptable
to
the
Regional
Administrator.
Any
emission
estimates
submitted
to
the
Regional
Administrator
must
be
verifiable
using
currently
accepted
engineering
criteria.
The
following
procedures
are
generally
acceptable
for
estimating
emissions
from
air
pollution
sources:

(
i)
Source­
specific
emission
tests;

(
ii)
Mass
balance
calculations;

(
iii)
Published,
verifiable
emission
factors
that
are
applicable
to
the
source;

(
iv)
Other
engineering
calculations;
or
(
v)
Other
procedures
to
estimate
emissions
specifically
approved
by
the
Regional
Administrator.

(
3)
All
applications
for
a
permit
to
operate
must
include
a
certification
by
the
owner
or
operator
as
to
the
truth,
accuracy,
and
completeness
of
the
information.
This
certification
must
state
that,
based
on
information
and
belief
formed
after
reasonable
inquiry,
the
statements
and
information
are
true,
accurate,
and
complete.

(
e)
What
are
the
procedures
that
the
Regional
Administrator
will
follow
to
require
an
operating
permit?

(
1)
Whenever
the
Regional
Administrator
determines
that
additional
Federally­
enforceable
requirements
are
necessary
to
ensure
compliance
with
the
implementation
plan
or
to
ensure
the
May
28,
2004
Final
Rule
for
OMB
Review
147
attainment
and
maintenance
of
any
national
ambient
air
quality
standard
or
prevention
of
significant
deterioration
increment,
the
owner
or
operator
of
the
air
pollution
source
will
be
so
notified
in
writing.

(
2)
The
Regional
Administrator
may
require
that
the
owner
or
operator
provide
any
information
that
the
Regional
Administrator
determines
is
necessary
to
establish
such
requirements
in
a
permit
to
operate
under
this
section.

(
3)
The
Regional
Administrator
will
prepare
a
draft
permit
to
operate
and
a
draft
technical
support
document
that
describes
the
reasons
and
need
for
the
proposed
requirements.

(
4)
The
Regional
Administrator
will
provide
a
copy
of
the
draft
permit
to
operate
and
draft
technical
support
document
to
the
owner
or
operator
of
the
air
pollution
source
and
will
provide
an
opportunity
for
the
owner
or
operator
to
meet
with
EPA
and
discuss
the
proposed
requirements.

(
5)
The
Regional
Administrator
will
provide
an
opportunity
for
public
comment
on
the
draft
permit
to
operate
as
follows:

(
i)
A
copy
of
the
draft
permit
to
operate,
the
draft
technical
support
document,
and
all
other
supporting
materials
will
be
made
available
for
public
inspection
in
at
least
one
location
in
the
area
affected
by
the
air
pollution
source.

(
ii)
A
notice
will
be
made
by
prominent
advertisement
in
a
newspaper
of
general
circulation
in
the
area
affected
by
the
air
pollution
source
of
the
availability
of
the
draft
permit
to
operate
and
supporting
materials
and
of
the
opportunity
to
comment.
Where
possible,
notices
will
also
be
made
in
the
Tribal
newspaper.
May
28,
2004
Final
Rule
for
OMB
Review
148
(
iii)
Copies
of
the
notice
will
be
provided
to
the
owner
or
operator
of
the
air
pollution
source,

the
Tribal
governing
body,
and
the
Tribal,
State,
and
local
air
pollution
authorities
having
jurisdiction
in
areas
outside
of
the
Indian
reservation
potentially
impacted
by
the
air
pollution
source.

(
iv)
A
30­
day
period
for
submittal
of
public
comments
will
be
provided
starting
upon
the
date
of
publication
of
the
notice.
If
requested,
the
Regional
Administrator
may
hold
a
public
hearing
and/
or
extend
the
public
comment
period
for
up
to
an
additional
30
days.

(
6)
After
the
close
of
the
public
comment
period,
the
Regional
Administrator
will
review
all
comments
received
and
prepare
a
final
permit
to
operate
and
final
technical
support
document,

unless
the
Regional
Administrator
determines
that
additional
requirements
are
not
necessary
to
ensure
compliance
with
the
implementation
plan
or
to
ensure
the
attainment
and
maintenance
of
any
national
ambient
air
quality
standard
or
prevention
of
significant
deterioration
increment.
The
final
technical
support
document
will
include
a
response
to
all
comments
received
during
the
public
comment
period.

(
7)
The
final
permit
to
operate
and
final
technical
support
document
will
be
sent
to
the
owner
or
operator
of
the
air
pollution
source
and
will
be
made
available
at
all
of
the
locations
where
the
draft
permit
was
made
available.
In
addition,
the
final
permit
to
operate
and
final
technical
support
document
will
be
sent
to
all
persons
who
provided
comments
on
the
draft
permit
to
operate.

(
8)
The
final
permit
to
operate
will
be
a
final
agency
action
for
purposes
of
administrative
appeal
and
judicial
review.
May
28,
2004
Final
Rule
for
OMB
Review
149
(
f)
Definitions
of
terms
used
in
this
section.
The
following
terms
that
are
used
in
this
section
are
defined
in
§
49.123
General
provisions:
Act,
actual
emissions,
air
pollutant,
air
pollution
source,
allowable
emissions,
ambient
air,
emission,
emission
factor,
Federally
enforceable,

implementation
plan,
owner
or
operator,
potential
to
emit,
and
Regional
Administrator.

49.140­
49.200
[
Reserved]

3.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.9861
through
49.9870
to
read
as
follows:

Subpart
M
 
Implementation
Plans
for
Tribes
 
Region
X
IMPLEMENTATION
PLAN
FOR
THE
BURNS
PAIUTE
TRIBE
OF
THE
BURNS
PAIUTE
INDIAN
COLONY
OF
OREGON
§
49.9861
Identification
of
plan.

This
section
and
§
§
49.9862
through
49.9890
contain
the
implementation
plan
for
the
Burns
Paiute
Tribe
of
the
Burns
Paiute
Indian
Colony.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Burns
Paiute
Indian
Colony.

§
49.9862
Approval
status.
May
28,
2004
Final
Rule
for
OMB
Review
150
There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Burns
Paiute
Indian
Colony.

§
49.9863
Legal
authority.
[
Reserved]

§
49.9864
Source
surveillance.
[
Reserved]

§
49.9865
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Burns
Paiute
Indian
Colony
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
III
§
49.9866
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Burns
Paiute
Indian
Colony
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
151
(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.9867
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.9868
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.9869
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.
May
28,
2004
Final
Rule
for
OMB
Review
152
§
49.9870
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Burns
Paiute
Indian
Colony:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.9871­
49.9890
[
Reserved]

4.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.9891
through
49.9900
to
read
as
follows:
May
28,
2004
Final
Rule
for
OMB
Review
153
IMPLEMENTATION
PLAN
FOR
THE
CONFEDERATED
TRIBES
OF
THE
CHEHALIS
RESERVATION,
WASHINGTON
§
49.9891
Identification
of
plan.

This
section
and
§
§
49.9892
through
49.9920
contain
the
implementation
plan
for
the
Confederated
Tribes
of
the
Chehalis
Reservation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Chehalis
Reservation.

§
49.9892
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Chehalis
Reservation.

§
49.9893
Legal
authority.
[
Reserved]

§
49.9894
Source
surveillance.
[
Reserved]

§
49.9895
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Chehalis
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:
May
28,
2004
Final
Rule
for
OMB
Review
154
Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.9896
Contents
of
implementation
plan.

The
implementation
plan
for
the
Chehalis
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.
May
28,
2004
Final
Rule
for
OMB
Review
155
§
49.9897
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.9898
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.9899
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.9900
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Chehalis
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
156
(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.9901­
49.9920
[
Reserved]

5.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.9921
through
49.9930
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
COEUR
D'ALENE
TRIBE
OF
THE
COEUR
D'ALENE
RESERVATION,
IDAHO
§
49.9921
Identification
of
plan.

This
section
and
§
§
49.9922
through
49.9950
contain
the
implementation
plan
for
the
Coeur
D'Alene
Tribe
of
the
Coeur
D'Alene
Reservation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Coeur
D'Alene
Reservation.

§
49.9922
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Coeur
D'Alene
Reservation.
May
28,
2004
Final
Rule
for
OMB
Review
157
§
49.9923
Legal
authority.
[
Reserved]

§
49.9924
Source
surveillance.
[
Reserved]

§
49.9925
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Coeur
D'Alene
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
I
Sulfur
oxides
II
§
49.9926
Contents
of
implementation
plan.

The
implementation
plan
for
the
Coeur
D'Alene
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.
May
28,
2004
Final
Rule
for
OMB
Review
158
(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.9927
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.9928
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.9929
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.9930
Federally­
promulgated
regulations
and
Federal
implementation
plans.

(
a)
The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Coeur
D'Alene
Reservation:

(
a)
Section
49.123
General
provisions.
May
28,
2004
Final
Rule
for
OMB
Review
159
(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.9931­
49.9950
[
Reserved]

6.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.9951
through
49.9960
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
CONFEDERATED
TRIBES
OF
THE
COLVILLE
RESERVATION,
WASHINGTON
§
49.9951
Identification
of
plan.
May
28,
2004
Final
Rule
for
OMB
Review
160
This
section
and
§
§
49.9952
through
49.9980
contain
the
implementation
plan
for
the
Confederated
Tribes
of
the
Colville
Reservation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Colville
Reservation.

§
49.9952
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Colville
Reservation.

§
49.9953
Legal
authority.
[
Reserved]

§
49.9954
Source
surveillance.
[
Reserved]

§
49.9955
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Colville
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Pollutant
Classification
May
28,
2004
Final
Rule
for
OMB
Review
161
Sulfur
oxides
III
§
49.9956
Contents
of
implementation
plan.

The
implementation
plan
for
the
Colville
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.127
Rule
for
woodwaste
burners.

(
f)
Section
49.128
Rule
for
limiting
particulate
matter
emissions
from
wood
products
industry
sources.

(
g)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxides.

(
h)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
i)
Section
49.131
General
rule
for
open
burning.

(
j)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
k)
Section
49.137
Rule
for
air
pollution
episodes.

(
l)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
m)
Section
49.139
Rule
for
non­
Title
V
operating
permits.
May
28,
2004
Final
Rule
for
OMB
Review
162
§
49.9957
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.9958
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.9959
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.9960
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Colville
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.127
Rule
for
woodwaste
burners.

(
f)
Section
49.128
Rule
for
limiting
particulate
matter
emissions
from
wood
products
industry
sources.

(
g)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
h)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.
May
28,
2004
Final
Rule
for
OMB
Review
163
(
i)
Section
49.131
General
rule
for
open
burning.

(
j)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
k)
Section
49.137
Rule
for
air
pollution
episodes.

(
l)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
m)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.9961­
49.9980
[
Reserved]

7.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.9981
through
49.9990
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
CONFEDERATED
TRIBES
OF
THE
COOS,
LOWER
UMPQUA
AND
SIUSLAW
INDIANS
OF
OREGON
§
49.9981
Identification
of
plan.

This
section
and
§
§
49.9982
through
49.10010
contain
the
implementation
plan
for
the
Confederated
Tribes
of
the
Coos,
Lower
Umpqua
and
Siuslaw
Indians.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Confederated
Tribes
of
the
Coos,
Lower
Umpqua
and
Siuslaw
Indians.
May
28,
2004
Final
Rule
for
OMB
Review
164
§
49.9982
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Confederated
Tribes
of
the
Coos,
Lower
Umpqua
and
Siuslaw
Indians.

§
49.9983
Legal
authority.
[
Reserved]

§
49.9984
Source
surveillance.
[
Reserved]

§
49.9985
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Confederated
Tribes
of
the
Coos,
Lower
Umpqua
and
Siuslaw
Indians
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
III
§
49.9986
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Confederated
Tribes
of
the
Coos,
Lower
Umpqua
and
Siuslaw
Indians
consists
of
the
following
rules,
regulations,
and
measures:
May
28,
2004
Final
Rule
for
OMB
Review
165
(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.9987
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.9988
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.9989
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.
May
28,
2004
Final
Rule
for
OMB
Review
166
§
49.9990
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Confederated
Tribes
of
the
Coos,
Lower
Umpqua
and
Siuslaw
Indians:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.9991­
49.10010
[
Reserved]

8.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10011
through
49.10020
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
COQUILLE
TRIBE
OF
OREGON
May
28,
2004
Final
Rule
for
OMB
Review
167
§
49.10011
Identification
of
plan.

This
section
and
§
§
49.10012
through
49.10040
contain
the
implementation
plan
for
the
Coquille
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Coquille
Tribe.

§
49.10012
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Coquille
Tribe.

§
49.10013
Legal
authority.
[
Reserved]

§
49.10014
Source
surveillance.
[
Reserved]

§
49.10015
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Coquille
Tribe
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Pollutant
Classification
May
28,
2004
Final
Rule
for
OMB
Review
168
Particulate
matter
(
PM10)
II
Sulfur
oxides
III
§
49.10016
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Coquille
Tribe
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10017
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10018
Permits
to
construct.
May
28,
2004
Final
Rule
for
OMB
Review
169
Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10019
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10020
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Coquille
Tribe:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.
May
28,
2004
Final
Rule
for
OMB
Review
170
§
§
49.10021­
49.10040
[
Reserved]

9.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10041
through
49.10050
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
COW
CREEK
BAND
OF
UMPQUA
INDIANS
OF
OREGON
§
49.10041
Identification
of
plan.

This
section
and
§
§
49.10042
through
49.10100
contain
the
implementation
plan
for
the
Cow
Creek
Band
of
Umpqua
Indians.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Cow
Creek
Band
of
Umpqua
Indians.

§
49.10042
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Cow
Creek
Band
of
Umpqua
Indians.

§
49.10043
Legal
authority.
[
Reserved]

§
49.10044
Source
surveillance.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
171
§
49.10045
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Cow
Creek
Band
of
Umpqua
Indians
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
III
§
49.10046
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Cow
Creek
Band
of
Umpqua
Indians
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
172
(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10047
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10048
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10049
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10050
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Cow
Creek
Band
of
Umpqua
Indians:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.
May
28,
2004
Final
Rule
for
OMB
Review
173
(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10051­
49.10100
[
Reserved]

10.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10101
through
49.10110
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
CONFEDERATED
TRIBES
OF
THE
GRAND
RONDE
COMMUNITY
OF
OREGON
§
49.10101
Identification
of
plan.

This
section
and
§
§
49.10102
through
49.10130
contain
the
implementation
plan
for
the
Confederated
Tribes
of
the
Grand
Ronde
Community.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Confederated
Tribes
of
the
Grand
Ronde
Community.
May
28,
2004
Final
Rule
for
OMB
Review
174
§
49.10102
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Confederated
Tribes
of
the
Grand
Ronde
Community.

§
49.10103
Legal
authority.
[
Reserved]

§
49.10104
Source
surveillance.
[
Reserved]

§
49.10105
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Confederated
Tribes
of
the
Grand
Ronde
Community
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
I
Nitrogen
dioxide
III
Ozone
I
Particulate
matter
(
PM10)
I
Sulfur
oxides
IA
§
49.10106
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Confederated
Tribes
of
the
Grand
Ronde
Community
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.
May
28,
2004
Final
Rule
for
OMB
Review
175
(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10107
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10108
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10109
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.
May
28,
2004
Final
Rule
for
OMB
Review
176
§
49.10110
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Confederated
Tribes
of
the
Grand
Ronde
Community:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10111­
49.10130
[
Reserved]

11.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10131
through
49.10140
to
read
as
follows:
May
28,
2004
Final
Rule
for
OMB
Review
177
IMPLEMENTATION
PLAN
FOR
THE
HOH
INDIAN
TRIBE
OF
THE
HOH
INDIAN
RESERVATION,
WASHINGTON
§
49.10131
Identification
of
plan.

This
section
and
§
§
49.10132
through
49.10160
contain
the
implementation
plan
for
the
Hoh
Indian
Tribe
of
the
Hoh
Indian
Reservation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Hoh
Indian
Reservation.

§
49.10132
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Hoh
Indian
Reservation.

§
49.10133
Legal
authority.
[
Reserved]

§
49.10134
Source
surveillance.
[
Reserved]

§
49.10135
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Hoh
Indian
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:
May
28,
2004
Final
Rule
for
OMB
Review
178
Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10136
Contents
of
implementation
plan.

The
implementation
plan
for
the
Hoh
Indian
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.
May
28,
2004
Final
Rule
for
OMB
Review
179
§
49.10137
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10138
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10139
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10140
Federally­
promulgated
regulations
and
Federal
implementation
plans.

(
a)
The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Hoh
Indian
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
180
(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10141­
49.10160
[
Reserved]

12.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10161
through
49.10170
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
JAMESTOWN
S'KLALLAM
TRIBE
OF
WASHINGTON
§
49.10161
Identification
of
plan.

This
section
and
§
§
49.10162
through
49.10190
contain
the
implementation
plan
for
the
Jamestown
S'Klallam
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Jamestown
S'Klallam
Tribe.

§
49.10162
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Jamestown
S'Klallam
Tribe.
May
28,
2004
Final
Rule
for
OMB
Review
181
§
49.10163
Legal
authority.
[
Reserved]

§
49.10164
Source
surveillance.
[
Reserved]

§
49.10165
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Jamestown
S'Klallam
Tribe
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10166
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Jamestown
S'Klallam
Tribe
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.
May
28,
2004
Final
Rule
for
OMB
Review
182
(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10167
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10168
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10169
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10170
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Jamestown
S'Klallam
Tribe:

(
a)
Section
49.123
General
provisions.
May
28,
2004
Final
Rule
for
OMB
Review
183
(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10171­
49.10190
[
Reserved]

13.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10191
through
49.10200
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
KALISPEL
INDIAN
COMMUNITY
OF
THE
KALISPEL
RESERVATION,
WASHINGTON
§
49.10191
Identification
of
plan.
May
28,
2004
Final
Rule
for
OMB
Review
184
This
section
and
§
§
49.1019192
through
49.10220
contain
the
implementation
plan
for
the
Kalispel
Indian
Community.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Kalispel
Reservation.

§
49.10192
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Kalispel
Reservation.

§
49.10193
Legal
authority.
[
Reserved]

§
49.10194
Source
surveillance.
[
Reserved]

§
49.10195
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Kalispel
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
III
May
28,
2004
Final
Rule
for
OMB
Review
185
§
49.10196
Contents
of
implementation
plan.

The
implementation
plan
for
the
Kalispel
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10197
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10198
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.
May
28,
2004
Final
Rule
for
OMB
Review
186
§
49.10199
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10200
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Kalispel
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10201­
49.10220
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
187
14.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10221
through
49.10230
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
KLAMATH
INDIAN
TRIBE
OF
OREGON
§
49.10221
Identification
of
plan.

This
section
and
§
§
49.10222
through
49.10250
contain
the
implementation
plan
for
the
Klamath
Indian
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Klamath
Indian
Tribe.

§
49.10222
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Klamath
Indian
Tribe.

§
49.10223
Legal
authority.
[
Reserved]

§
49.10224
Source
surveillance.
[
Reserved]

§
49.10225
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Klamath
Indian
Tribe
is
classified
as
follows
for
purposes
of
episode
plans:
May
28,
2004
Final
Rule
for
OMB
Review
188
Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
III
§
49.10226
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Klamath
Indian
Tribe
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.
May
28,
2004
Final
Rule
for
OMB
Review
189
§
49.10227
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10228
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10229
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10230
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Klamath
Indian
Tribe:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
190
(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10231­
49.10250
[
Reserved]

15.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10251
through
49.10260
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
KOOTENAI
TRIBE
OF
IDAHO
§
49.10251
Identification
of
plan.

This
section
and
§
§
49.10252
through
49.10280
contain
the
implementation
plan
for
the
Kootenai
Tribe
of
Idaho.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Kootenai
Tribe
of
Idaho.

§
49.10252
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Kootenai
Tribe
of
Idaho.

§
49.10253
Legal
authority.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
191
§
49.10254
Source
surveillance.
[
Reserved]

§
49.10255
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Kootenai
Tribe
of
Idaho
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
I
Sulfur
oxides
III
§
49.10256
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Kootenai
Tribe
of
Idaho
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.
May
28,
2004
Final
Rule
for
OMB
Review
192
(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10257
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10258
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10259
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10260
Federally­
promulgated
regulations
and
Federal
implementation
plans.

(
a)
The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Kootenai
Tribe
of
Idaho:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.
May
28,
2004
Final
Rule
for
OMB
Review
193
(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.103261­
49.10280
[
Reserved]

16.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10281
through
49.10290
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
LOWER
ELWHA
TRIBAL
COMMUNITY
OF
THE
LOWER
ELWHA
RESERVATION,
WASHINGTON
§
49.10281
Identification
of
plan.

This
section
and
§
§
49.10282
through
49.10310
contain
the
implementation
plan
for
the
Lower
Elwha
Tribal
Community.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Lower
Elwha
Reservation.
May
28,
2004
Final
Rule
for
OMB
Review
194
§
49.10282
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Lower
Elwha
Reservation.

§
49.10283
Legal
authority.
[
Reserved]

§
49.10284
Source
surveillance.
[
Reserved]

§
49.10285
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Lower
Elwha
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10286
Contents
of
implementation
plan.

The
implementation
plan
for
the
Lower
Elwha
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.
May
28,
2004
Final
Rule
for
OMB
Review
195
(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10287
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10288
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10289
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.
May
28,
2004
Final
Rule
for
OMB
Review
196
§
49.10290
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Lower
Elwha
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10291­
49.10310
[
Reserved]

17.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10311
through
49.10320
to
read
as
follows:
May
28,
2004
Final
Rule
for
OMB
Review
197
IMPLEMENTATION
PLAN
FOR
THE
LUMMI
TRIBE
OF
THE
LUMMI
RESERVATION,

WASHINGTON
§
49.10311
Identification
of
plan.

This
section
and
§
§
49.10312
through
49.10340
contain
the
implementation
plan
for
the
Lummi
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Lummi
Reservation.

§
49.10312
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Lummi
Reservation.

§
49.10313
Legal
authority.
[
Reserved]

§
49.10314
Source
surveillance.
[
Reserved]

§
49.10315
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Lummi
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Pollutant
Classification
May
28,
2004
Final
Rule
for
OMB
Review
198
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10316
Contents
of
implementation
plan.

The
implementation
plan
for
the
Lummi
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10317
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
199
§
49.10318
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10319
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10320
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Lummi
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
200
(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10321­
49.10340
[
Reserved]

18.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10341
through
49.10350
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
MAKAH
INDIAN
TRIBE
OF
THE
MAKAH
INDIAN
RESERVATION,
WASHINGTON
§
49.10341
Identification
of
plan.

This
section
and
§
§
49.10342
through
49.10370
contain
the
implementation
plan
for
the
Makah
Indian
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Makah
Indian
Reservation.

§
49.10342
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Makah
Indian
Reservation.

§
49.10343
Legal
authority.
[
Reserved]

§
49.10344
Source
surveillance.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
201
§
49.10345
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Makah
Indian
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10346
Contents
of
implementation
plan.

The
implementation
plan
for
the
Makah
Indian
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
202
(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10347
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10348
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10349
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10350
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Makah
Indian
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.
May
28,
2004
Final
Rule
for
OMB
Review
203
(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10351­
49.10370
[
Reserved]

19.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10371
through
49.10380
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
MUCKLESHOOT
INDIAN
TRIBE
OF
THE
MUCKLESHOOT
RESERVATION,
WASHINGTON
§
49.10371
Identification
of
plan.

This
section
and
§
§
49.10372
through
49.10400
contain
the
implementation
plan
for
the
Muckleshoot
Indian
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Muckleshoot
Reservation.

§
49.10372
Approval
status.
May
28,
2004
Final
Rule
for
OMB
Review
204
There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Muckleshoot
Reservation.

§
49.10373
Legal
authority.
[
Reserved]

§
49.10374
Source
surveillance.
[
Reserved]

§
49.10375
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Muckleshoot
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
I
Nitrogen
dioxide
III
Ozone
I
Particulate
matter
(
PM10)
I
Sulfur
oxides
IA
§
49.10376
Contents
of
implementation
plan.

The
implementation
plan
for
the
Muckleshoot
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
205
(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10377
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10378
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10379
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10380
Federally­
promulgated
regulations
and
Federal
implementation
plans.
May
28,
2004
Final
Rule
for
OMB
Review
206
The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Muckleshoot
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10381­
49.10400
[
Reserved]

20.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10401
through
49.10410
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
NEZ
PERCE
TRIBE
OF
IDAHO
May
28,
2004
Final
Rule
for
OMB
Review
207
§
49.10401
Identification
of
plan.

This
section
and
§
§
49.10402
through
49.10430
contain
the
implementation
plan
for
the
Nez
Perce
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Nez
Perce
Reservation,
as
described
in
the
1863
Nez
Perce
Treaty.

§
49.10402
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Nez
Perce
Reservation.

§
49.10403
Legal
authority.
[
Reserved]

§
49.10404
Source
surveillance.
[
Reserved]

§
49.10405
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Nez
Perce
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Pollutant
Classification
May
28,
2004
Final
Rule
for
OMB
Review
208
Particulate
matter
(
PM10)
I
Sulfur
oxides
III
§
49.10406
Contents
of
implementation
plan.

The
implementation
plan
for
the
Nez
Perce
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.127
Rule
for
woodwaste
burners.

(
f)
Section
49.128
Rule
for
limiting
particulate
matter
emissions
from
wood
products
industry
sources.

(
g)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxides.

(
h)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
i)
Section
49.131
General
rule
for
open
burning.

(
j)
Section
49.132
Rule
for
general
open
burning
permits.

(
k)
Section
49.133
Rule
for
agricultural
burning
permits.

(
l)
Section
49.134
Rule
for
forestry
and
silvicultural
burning
permits.

(
m)
Section
49.136
Rule
for
emissions
detrimental
to
persons,
property,
cultural
or
traditional
resources.

(
n)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
209
(
o)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
p)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10407
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10408
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10409
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10410
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Nez
Perce
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.127
Rule
for
woodwaste
burners.
May
28,
2004
Final
Rule
for
OMB
Review
210
(
f)
Section
49.128
Rule
for
limiting
particulate
matter
emissions
from
wood
products
industry
sources.

(
g)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
h)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
i)
Section
49.131
General
rule
for
open
burning.

(
j)
Section
49.132
Rule
for
general
open
burning
permits.

(
k)
Section
49.133
Rule
for
agricultural
burning
permits.

(
l)
Section
49.134
Rule
for
forestry
and
silvicultural
burning
permits.

(
m)
Section
49.136
Rule
for
emissions
detrimental
to
persons,
property,
cultural
or
traditional
resources.

(
n)
Section
49.137
Rule
for
air
pollution
episodes.

(
o)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
p)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10411
Permits
for
general
open
burning,
agricultural
burning,
and
forestry
and
silvicultural
burning.

(
a)
Beginning
March
1,
2005,
a
person
must
apply
for
and
obtain
a
permit
under
§
49.132
Rule
for
general
open
burning
permits.

(
b)
Beginning
March
1,
2005,
a
person
must
apply
for
and
obtain
approval
of
a
permit
under
§
49.133
Rule
for
agricultural
burning
permits.
May
28,
2004
Final
Rule
for
OMB
Review
211
(
c)
Beginning
March
1,
2005,
a
person
must
apply
for
and
obtain
approval
of
a
permit
under
§
49.134
Rule
for
forestry
and
silvicultural
burning
permits.

§
§
49.10412­
49.10430
[
Reserved]

21.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10431
through
49.10440
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
NISQUALLY
INDIAN
TRIBE
OF
THE
NISQUALLY
RESERVATION,
WASHINGTON
§
49.10431
Identification
of
plan.

This
section
and
§
§
49.10432
through
49.10460
contain
the
implementation
plan
for
the
Nisqually
Indian
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Nisqually
Reservation.

§
49.10432
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Nisqually
Reservation.

§
49.10433
Legal
authority.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
212
§
49.10434
Source
surveillance.
[
Reserved]

§
49.10435
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Nisqually
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10436
Contents
of
implementation
plan.

The
implementation
plan
for
the
Nisqually
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.
May
28,
2004
Final
Rule
for
OMB
Review
213
(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10437
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10438
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10439
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10440
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Nisqually
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.
May
28,
2004
Final
Rule
for
OMB
Review
214
(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10441­
49.10460
[
Reserved]

22.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10461
through
49.10470
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
NOOKSACK
INDIAN
TRIBE
OF
WASHINGTON
§
49.10461
Identification
of
plan.

This
section
and
§
§
49.10462
through
49.10490
contain
the
implementation
plan
for
the
Nooksack
Indian
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Nooksack
Indian
Tribe.
May
28,
2004
Final
Rule
for
OMB
Review
215
§
49.10462
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Nooksack
Indian
Tribe.

§
49.10463
Legal
authority.
[
Reserved]

§
49.10464.
Source
surveillance.
[
Reserved]

§
49.10465
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Nooksack
Indian
Tribe
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10466
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Nooksack
Indian
Tribe
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.
May
28,
2004
Final
Rule
for
OMB
Review
216
(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10467
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10468
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10469
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.
May
28,
2004
Final
Rule
for
OMB
Review
217
§
49.10470
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Nooksack
Indian
Tribe:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10471­
49.10490
[
Reserved]

23.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10491
through
49.10500
to
read
as
follows:
May
28,
2004
Final
Rule
for
OMB
Review
218
IMPLEMENTATION
PLAN
FOR
THE
PORT
GAMBLE
INDIAN
COMMUNITY
OF
THE
PORT
GAMBLE
RESERVATION,
WASHINGTON
§
49.10491
Identification
of
plan.

This
section
and
§
§
49.10492
through
49.10520
contain
the
implementation
plan
for
the
Port
Gamble
Indian
Community.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Port
Gamble
Reservation.

§
49.10492
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Port
Gamble
Reservation.

§
49.10493
Legal
authority.
[
Reserved]

§
49.10494.
Source
surveillance.
[
Reserved]

§
49.10495
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Port
Gamble
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
I
Pollutant
Classification
May
28,
2004
Final
Rule
for
OMB
Review
219
Nitrogen
dioxide
III
Ozone
I
Particulate
matter
(
PM10)
I
Sulfur
oxides
IA
§
49.10496
Contents
of
implementation
plan.

The
implementation
plan
for
the
Port
Gamble
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10497
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
220
§
49.10498
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10499
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10500
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Port
Gamble
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
221
(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10501­
49.10520
[
Reserved]

24.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10521
through
49.10530
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
PUYALLUP
TRIBE
OF
THE
PUYALLUP
RESERVATION,
WASHINGTON
§
49.10521
Identification
of
plan.

This
section
and
§
§
49.10522
through
49.10550
contain
the
implementation
plan
for
the
Puyallup
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
to
trust
and
restricted
lands
within
the
1873
Survey
Area
of
the
Puyallup
Reservation
(
the
Puyallup
Reservation),
consistent
with
the
Puyallup
Tribe
of
Indians
Land
Claims
Settlement
Act,
ratified
by
Congress
in
1989
(
25
U.
S.
C.
1773).

§
49.10522
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
lands
in
trust
that
are
within
the
Puyallup
Reservation.

§
49.10523
Legal
authority.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
222
§
49.10524
Source
surveillance.
[
Reserved]

§
49.10525
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
lands
in
trust
that
are
within
the
Puyallup
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
I
Nitrogen
dioxide
III
Ozone
I
Particulate
matter
(
PM10)
I
Sulfur
oxides
IA
§
49.10526.
Contents
of
implementation
plan.

The
implementation
plan
for
the
lands
in
trust
that
are
within
the
Puyallup
Reservation
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.
May
28,
2004
Final
Rule
for
OMB
Review
223
(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10527
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10528
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10529
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10530
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
lands
in
trust
that
are
within
the
Puyallup
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.
May
28,
2004
Final
Rule
for
OMB
Review
224
(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10531­
49.10550
[
Reserved]

25.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10551
through
49.10560
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
QUILEUTE
TRIBE
OF
THE
QUILEUTE
RESERVATION,
WASHINGTON
§
49.10551
Identification
of
plan.

This
section
and
§
§
49.10552
through
49.10580
contain
the
implementation
plan
for
the
Quileute
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Quileute
Reservation.
May
28,
2004
Final
Rule
for
OMB
Review
225
§
49.10552
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Quileute
Reservation.

§
49.10553
Legal
authority.
[
Reserved]

§
49.10554.
Source
surveillance.
[
Reserved]

§
49.10555
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Quileute
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10556
Contents
of
implementation
plan.

The
implementation
plan
for
the
Quileute
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.
May
28,
2004
Final
Rule
for
OMB
Review
226
(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10557
EPA­
approved
tribal
rules
and
plans.
[
Reserved]

§
49.10558
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10559
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.
May
28,
2004
Final
Rule
for
OMB
Review
227
§
49.10560
Federally­
promulgated
regulations
and
federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Quileute
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10561­
49.10580
[
Reserved]

26.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10581
through
49.10590
to
read
as
follows:
May
28,
2004
Final
Rule
for
OMB
Review
228
IMPLEMENTATION
PLAN
FOR
THE
QUINAULT
TRIBE
OF
THE
QUINAULT
RESERVATION,
WASHINGTON
§
49.10581
Identification
of
plan.

This
section
and
§
§
49.10582
through
49.10640
contain
the
implementation
plan
for
the
Quinault
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Quinault
Reservation.

§
49.10582
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Quinault
Reservation.

§
49.10583
Legal
authority.
[
Reserved]

§
49.10584.
Source
surveillance.
[
Reserved]

§
49.10585
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Quinault
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Pollutant
Classification
May
28,
2004
Final
Rule
for
OMB
Review
229
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10586
Contents
of
implementation
plan.

The
implementation
plan
for
the
Quinault
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10587
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
230
§
49.10588
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10589
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10590
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Quinault
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
231
(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10591­
49.10640
[
Reserved]

27.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10641
through
49.10650
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
SAUK­
SUIATTLE
INDIAN
TRIBE
OF
WASHINGTON
§
49.10641
Identification
of
plan.

This
section
and
§
§
49.10642
through
49.10670
contain
the
implementation
plan
for
the
Sauk­

Suiattle
Indian
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Sauk­
Suiattle
Tribe.

§
49.10642
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Sauk­
Suiattle
Tribe.

§
49.10643
Legal
authority.
[
Reserved]

§
49.10644
Source
surveillance.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
232
§
49.10645
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Sauk­
Suiattle
Tribe
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
I
Nitrogen
dioxide
III
Ozone
I
Particulate
matter
(
PM10)
I
Sulfur
oxides
IA
§
49.10646
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Sauk­
Suiattle
Tribe
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
233
(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10647
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10648
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10649
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10650
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Sauk­
Suiattle
Tribe:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.
May
28,
2004
Final
Rule
for
OMB
Review
234
(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10651­
49.10670
[
Reserved]

28.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10671
through
49.10680
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
SHOALWATER
BAY
TRIBE
OF
THE
SHOALWATER
BAY
INDIAN
RESERVATION,
WASHINGTON
§
49.10671
Identification
of
plan.

This
section
and
§
§
49.10672
through
49.10700
contain
the
implementation
plan
for
the
Shoalwater
Bay
Tribe
of
the
Shoalwater
Bay
Indian
Reservation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Shoalwater
Bay
Indian
Reservation.
May
28,
2004
Final
Rule
for
OMB
Review
235
§
49.10672
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Shoalwater
Bay
Indian
Reservation.

§
49.10673
Legal
authority.
[
Reserved]

§
49.10674
Source
surveillance.
[
Reserved]

§
49.10675
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Shoalwater
Bay
Indian
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10676
Contents
of
implementation
plan.

The
implementation
plan
for
the
Shoalwater
Bay
Indian
Reservation
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.
May
28,
2004
Final
Rule
for
OMB
Review
236
(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10677
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10678
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10679
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.
May
28,
2004
Final
Rule
for
OMB
Review
237
§
49.10680
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Shoalwater
Bay
Indian
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10681­
49.10700
[
Reserved]

29.
Subpart
M
of
Part
49
is
amended
by
revising
the
undesignated
center
heading
and
§
§
49.10701
through
49.10702
to
read
as
follows:
May
28,
2004
Final
Rule
for
OMB
Review
238
IMPLEMENTATION
PLAN
FOR
THE
SHOSHONE­
BANNOCK
TRIBES
OF
THE
FORT
HALL
INDIAN
RESERVATION
OF
IDAHO
§
49.10701
Identification
of
plan.

This
section
and
§
§
49.10702
through
49.10730
contain
the
implementation
plan
for
the
Shoshone­
Bannock
Tribes
of
the
Fort
Hall
Indian
Reservation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Fort
Hall
Indian
Reservation.

§
49.10702
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Fort
Hall
Indian
Reservation.

30.
Subpart
M
of
Part
49
is
amended
by
revising
§
§
49.10704
through
49.10706
to
read
as
follows:

§
49.10704
Source
surveillance.
[
Reserved]

§
49.10705
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Fort
Hall
Indian
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:
May
28,
2004
Final
Rule
for
OMB
Review
239
Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
I
Sulfur
oxides
II
§
49.10706
Contents
of
implementation
plan.

The
implementation
plan
for
the
Fort
Hall
Indian
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.
May
28,
2004
Final
Rule
for
OMB
Review
240
(
l)
Section
49.10711
Federal
Implementation
Plan
for
the
Astaris­
Idaho
LLC
Facility
(
formerly
owned
by
FMC
Corporation)
in
the
Fort
Hall
PM­
10
Nonattainment
Area.

31.
Subpart
M
of
Part
49
is
amended
by
revising
§
§
49.10709
through
49.10710
to
read
as
follows:

§
49.10709
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10710
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Fort
Hall
Indian
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
241
(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

(
l)
Section
49.10711
Federal
Implementation
Plan
for
the
Astaris­
Idaho
LLC
Facility
(
formerly
owned
by
FMC
Corporation)
in
the
Fort
Hall
PM­
10
Nonattainment
Area.

32.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10731
through
49.10740
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
CONFEDERATED
TRIBES
OF
THE
SILETZ
RESERVATION,
OREGON
§
49.10731
Identification
of
plan.

This
section
and
§
§
49.10732
through
49.10760
contain
the
implementation
plan
for
the
Confederated
Tribes
of
the
Siletz
Reservation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Siletz
Reservation.

§
49.10732
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Siletz
Reservation.

§
49.10733
Legal
authority.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
242
§
49.10734
Source
surveillance.
[
Reserved]

§
49.10735
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Siletz
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
III
Sulfur
oxides
III
§
49.10736
Contents
of
implementation
plan.

The
implementation
plan
for
the
Siletz
Reservation
consists
of
the
following
rules,
regulations,

and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.
May
28,
2004
Final
Rule
for
OMB
Review
243
(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10737
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10738
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10739
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10740
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Siletz
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.
May
28,
2004
Final
Rule
for
OMB
Review
244
(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permit.

§
§
49.10741­
49.10760
[
Reserved]

33.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10761
through
49.10770
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
SKOKOMISH
INDIAN
TRIBE
OF
THE
SKOKOMISH
RESERVATION,
WASHINGTON
§
49.10761
Identification
of
plan.

This
section
and
§
§
49.10762
through
49.10820
contain
the
implementation
plan
for
the
Skokomish
Indian
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Skokomish
Reservation.
May
28,
2004
Final
Rule
for
OMB
Review
245
§
49.10762
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Skokomish
Reservation.

§
49.10763
Legal
authority.
[
Reserved]

§
49.10764
Source
surveillance.
[
Reserved]

§
49.10765
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Skokomish
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10766
Contents
of
implementation
plan.

The
implementation
plan
for
the
Skokomish
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.
May
28,
2004
Final
Rule
for
OMB
Review
246
(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10767
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10768
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10769
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.
May
28,
2004
Final
Rule
for
OMB
Review
247
§
49.10770
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Skokomish
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10771­
49.10820
[
Reserved]

34.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10821
through
49.10830
to
read
as
follows:
May
28,
2004
Final
Rule
for
OMB
Review
248
IMPLEMENTATION
PLAN
FOR
THE
SPOKANE
TRIBE
OF
THE
SPOKANE
RESERVATION,
WASHINGTON
§
49.10821
Identification
of
plan.

This
section
and
§
§
49.10822
through
49.10850
contain
the
implementation
plan
for
the
Spokane
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Spokane
Reservation.

§
49.10822
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Spokane
Reservation.

§
49.10823
Legal
authority.
[
Reserved]

§
49.10824
Source
surveillance.
[
Reserved]

§
49.10825
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Spokane
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Pollutant
Classification
May
28,
2004
Final
Rule
for
OMB
Review
249
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
III
§
49.10826
Contents
of
implementation
plan.

The
implementation
plan
for
the
Spokane
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10827
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
250
§
49.10828
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10829
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10830
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Spokane
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
251
(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10831­
49.10850
[
Reserved]

35.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10851
through
49.10860
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
SQUAXIN
ISLAND
TRIBE
OF
THE
SQUAXIN
ISLAND
RESERVATION,
WASHINGTON
§
49.10851
Identification
of
plan.

This
section
and
§
§
49.10852
through
49.10880
contain
the
implementation
plan
for
the
Squaxin
Island
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Squaxin
Island
Reservation.

§
49.10852
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Squaxin
Island
Reservation.

§
49.10853
Legal
authority.
[
Reserved]

§
49.10854
Source
surveillance.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
252
§
49.10855
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Squaxin
Island
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10856
Contents
of
implementation
plan.

The
implementation
plan
for
the
Squaxin
Island
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
253
(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10857
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10858
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10859
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10860
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Squaxin
Island
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.
May
28,
2004
Final
Rule
for
OMB
Review
254
(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10861­
49.10880
[
Reserved]

36.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10881
through
49.10890
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
STILLAGUAMISH
TRIBE
OF
WASHINGTON
§
49.10881
Identification
of
plan.

This
section
and
§
§
49.10882
through
49.10920
contain
the
implementation
plan
for
the
Stillaguamish
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Stillaguamish
Tribe.

§
49.10882
Approval
status.
May
28,
2004
Final
Rule
for
OMB
Review
255
There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Stillaguamish
Tribe.

§
49.10883
Legal
authority.
[
Reserved]

§
49.10884
Source
surveillance.
[
Reserved]

§
49.10885
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Stillaguamish
Tribe
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
I
Nitrogen
dioxide
III
Ozone
I
Particulate
matter
(
PM10)
I
Sulfur
oxides
IA
§
49.10886
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Stillaguamish
Tribe
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
256
(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10887
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10888
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10889
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10890
Federally­
promulgated
regulations
and
Federal
implementation
plans.
May
28,
2004
Final
Rule
for
OMB
Review
257
The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Stillaguamish
Tribe:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10891­
49.10920
[
Reserved]

37.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10921
through
49.10930
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
SUQUAMISH
INDIAN
TRIBE
OF
THE
PORT
MADISON
RESERVATION,
WASHINGTON
May
28,
2004
Final
Rule
for
OMB
Review
258
§
49.10921
Identification
of
plan.

This
section
and
§
§
49.10922
through
49.10950
contain
the
implementation
plan
for
the
Suquamish
Indian
Tribe
of
the
Port
Madison
Reservation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Port
Madison
Reservation.

§
49.10922
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Port
Madison
Reservation.

§
49.10923
Legal
authority.
[
Reserved]

§
49.10924
Source
surveillance.
[
Reserved]

§
49.10925
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Port
Madison
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Pollutant
Classification
May
28,
2004
Final
Rule
for
OMB
Review
259
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10926
Contents
of
implementation
plan.

The
implementation
plan
for
the
Port
Madison
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10927
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
260
§
49.10928
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10929
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10930
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Port
Madison
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
261
(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10931­
49.10950
[
Reserved]

38.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10951
through
49.10960
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
SWINOMISH
INDIANS
OF
THE
SWINOMISH
RESERVATION,
WASHINGTON
§
49.10951
Identification
of
plan.

This
section
and
§
§
49.10952
through
49.10980
contain
the
implementation
plan
for
the
Swinomish
Indians.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Swinomish
Reservation.

§
49.10952
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Swinomish
Reservation.

§
49.10953
Legal
authority.
[
Reserved]

§
49.10954
Source
surveillance.
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
262
§
49.10955
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Swinomish
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.10956
Contents
of
implementation
plan.

The
implementation
plan
for
the
Swinomish
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
263
(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10957
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10958
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10959
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10960
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Swinomish
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.
May
28,
2004
Final
Rule
for
OMB
Review
264
(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10961­
49.10980
[
Reserved]

39.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.10981
through
49.10990
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
TULALIP
TRIBES
OF
THE
TULALIP
RESERVATION,
WASHINGTON
§
49.10981
Identification
of
plan.

This
section
and
§
§
49.10982
through
49.11010
contain
the
implementation
plan
for
the
Tulalip
Tribes.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Tulalip
Reservation.

§
49.10982
Approval
status.
May
28,
2004
Final
Rule
for
OMB
Review
265
There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Tulalip
Reservation.

§
49.10983
Legal
authority.
[
Reserved]

§
49.10984
Source
surveillance.
[
Reserved]

§
49.10985
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Tulalip
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
I
Nitrogen
dioxide
III
Ozone
I
Particulate
matter
(
PM10)
I
Sulfur
oxides
IA
§
49.10986
Contents
of
implementation
plan.

The
implementation
plan
for
the
Tulalip
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
266
(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.10987
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.10988
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.10989
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.10990
Federally­
promulgated
regulations
and
Federal
implementation
plans.
May
28,
2004
Final
Rule
for
OMB
Review
267
The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Tulalip
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.10991­
49.11010
[
Reserved]

40.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.11011
through
49.11020
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
CONFEDERATED
TRIBES
OF
THE
UMATILLA
RESERVATION,
OREGON
May
28,
2004
Final
Rule
for
OMB
Review
268
§
49.11011
Identification
of
plan.

This
section
and
§
§
49.11012
through
49.11040
contain
the
implementation
plan
for
the
Confederated
Tribes
of
the
Umatilla
Reservation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Umatilla
Reservation.

§
49.11012
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Umatilla
Reservation.

§
49.11013
Legal
authority.
[
Reserved]

§
49.11014
Source
surveillance.
[
Reserved]

§
49.11015
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Umatilla
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Pollutant
Classification
May
28,
2004
Final
Rule
for
OMB
Review
269
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
III
§
49.11016
Contents
of
implementation
plan.

The
implementation
plan
for
the
Umatilla
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.132
Rule
for
general
open
burning
permits.

(
i)
Section
49.133
Rule
for
agriculture
burning
permits.

(
j)
Section
49.134
Rule
for
forestry
and
silvicultural
burning
permits.

(
k)
Section
49.136
Rule
for
emissions
detrimental
to
persons,
property,
cultural
or
traditional
resources.

(
l)
Section
49.137
Rule
for
air
pollution
episodes.

(
m)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.
May
28,
2004
Final
Rule
for
OMB
Review
270
(
n)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.11017
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.11018
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.11019
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.11020
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Umatilla
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.
May
28,
2004
Final
Rule
for
OMB
Review
271
(
h)
Section
49.132
Rule
for
general
open
burning
permits.

(
i)
Section
49.133
Rule
for
agriculture
burning
permits.

(
j)
Section
49.134
Rule
for
forestry
and
silvicultural
burning
permits.

(
k)
Section
49.136
Rule
for
emissions
detrimental
to
persons,
property,
cultural
or
traditional
resources.

(
l)
Section
49.137
Rule
for
air
pollution
episodes.

(
m)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
n)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.11021
Permits
for
general
open
burning,
agricultural
burning,
and
forestry
and
silvicultural
burning.

(
a)
Beginning
January
1,
2007,
a
person
must
apply
for
and
obtain
a
permit
under
§
49.132
Rule
for
general
open
burning
permits.

(
b)
Beginning
January
1,
2007,
a
person
must
apply
for
and
obtain
approval
of
a
permit
under
§
49.133
Rule
for
agricultural
burning
permits.

(
c)
Beginning
January
1,
2007,
a
person
must
apply
for
and
obtain
approval
of
a
permit
under
§
49.134
Rule
for
forestry
and
silvicultural
burning
permits.

§
§
49.11022­
49.11040
[
Reserved]
May
28,
2004
Final
Rule
for
OMB
Review
272
41.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.11041
through
49.11050
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
UPPER
SKAGIT
INDIAN
TRIBE
OF
WASHINGTON
§
49.11041
Identification
of
plan.

This
section
and
§
§
49.11042
through
49.11070
contain
the
implementation
plan
for
the
Upper
Skagit
Indian
Tribe.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Reservation
of
the
Upper
Skagit
Indian
Tribe.

§
49.11042
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Reservation
of
the
Upper
Skagit
Indian
Tribe.

§
49.11043
Legal
authority.
[
Reserved]

§
49.11044
Source
surveillance.
[
Reserved]

§
49.11045
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Reservation
of
the
Upper
Skagit
Indian
Tribe
is
classified
as
follows
for
purposes
of
episode
plans:
May
28,
2004
Final
Rule
for
OMB
Review
273
Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
II
§
49.11046
Contents
of
implementation
plan.

The
implementation
plan
for
the
Reservation
of
the
Upper
Skagit
Indian
Tribe
consists
of
the
following
rules,
regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.
May
28,
2004
Final
Rule
for
OMB
Review
274
§
49.11047
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.11048
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.11049
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.11050
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Reservation
of
the
Upper
Skagit
Indian
Tribe:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.
May
28,
2004
Final
Rule
for
OMB
Review
275
(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits
§
§
49.11051­
49.11070
[
Reserved]

42.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.11071
through
49.11080
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
CONFEDERATED
TRIBES
OF
THE
WARM
SPRINGS
RESERVATION
OF
OREGON
§
49.11071
Identification
of
plan.

This
section
and
§
§
49.11072
through
49.11100
contain
the
implementation
plan
for
the
Confederated
Tribes
of
the
Warm
Springs
Reservation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Warm
Springs
Reservation.

§
49.11072
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Warm
Springs
Reservation.
May
28,
2004
Final
Rule
for
OMB
Review
276
§
49.11073
Legal
authority.
[
Reserved]

§
49.11074
Source
surveillance.
[
Reserved]

§
49.11075
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Warm
Springs
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
II
Sulfur
oxides
III
§
49.11076
Contents
of
implementation
plan.

The
implementation
plan
for
the
Warm
Springs
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.
May
28,
2004
Final
Rule
for
OMB
Review
277
(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.11077
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.11078
Permits
to
construct.

Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.11079
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.11080
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Warm
Springs
Reservation:

(
a)
Section
49.123
General
provisions.
May
28,
2004
Final
Rule
for
OMB
Review
278
(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
§
49.11081­
49.11100
[
Reserved]

43.
Subpart
M
of
Part
49
is
amended
by
adding
an
undesignated
center
heading
and
§
§
49.11101
through
49.11110
to
read
as
follows:

IMPLEMENTATION
PLAN
FOR
THE
CONFEDERATED
TRIBES
AND
BANDS
OF
THE
YAKAMA
NATION,
WASHINGTON
§
49.11101
Identification
of
plan.
May
28,
2004
Final
Rule
for
OMB
Review
279
This
section
and
§
§
49.11102
through
49.11130
contain
the
implementation
plan
for
the
Confederated
Tribes
and
Bands
of
the
Yakama
Nation.
This
plan
consists
of
a
combination
of
Tribal
rules
and
measures
and
Federal
regulations
and
measures
which
apply
within
the
Yakama
Reservation.

§
49.11102
Approval
status.

There
are
currently
no
EPA­
approved
Tribal
rules
or
measures
in
the
implementation
plan
for
the
Yakama
Reservation.

§
49.11103
Legal
authority.
[
Reserved]

§
49.11104
Source
surveillance.
[
Reserved]

§
49.11105
Classification
of
regions
for
episode
plans.

The
air
quality
control
region
which
encompasses
the
Yakama
Reservation
is
classified
as
follows
for
purposes
of
episode
plans:

Pollutant
Classification
Carbon
monoxide
III
Nitrogen
dioxide
III
Ozone
III
Particulate
matter
(
PM10)
I
Pollutant
Classification
May
28,
2004
Final
Rule
for
OMB
Review
280
Sulfur
oxides
III
§
49.11106
Contents
of
implementation
plan.

The
implementation
plan
for
the
Yakama
Reservation
consists
of
the
following
rules,

regulations,
and
measures:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.

§
49.11107
EPA­
approved
Tribal
rules
and
plans.
[
Reserved]

§
49.11108
Permits
to
construct.
May
28,
2004
Final
Rule
for
OMB
Review
281
Permits
to
construct
are
required
for
new
major
stationary
sources
and
major
modifications
to
existing
major
stationary
sources
pursuant
to
40
CFR
52.21.

§
49.11109
Permits
to
operate.

Permits
to
operate
are
required
for
sources
not
subject
to
40
CFR
Part
71
in
accordance
with
the
requirements
of
§
49.139.

§
49.11110
Federally­
promulgated
regulations
and
Federal
implementation
plans.

The
following
regulations
are
incorporated
and
made
part
of
the
implementation
plan
for
the
Yakama
Reservation:

(
a)
Section
49.123
General
provisions.

(
b)
Section
49.124
Rule
for
limiting
visible
emissions.

(
c)
Section
49.125
Rule
for
limiting
the
emissions
of
particulate
matter.

(
d)
Section
49.126
Rule
for
limiting
fugitive
particulate
matter
emissions.

(
e)
Section
49.129
Rule
for
limiting
emissions
of
sulfur
dioxide.

(
f)
Section
49.130
Rule
for
limiting
sulfur
in
fuels.

(
g)
Section
49.131
General
rule
for
open
burning.

(
h)
Section
49.135
Rule
for
emissions
detrimental
to
human
health
or
welfare.

(
i)
Section
49.137
Rule
for
air
pollution
episodes.

(
j)
Section
49.138
Rule
for
the
registration
of
air
pollution
sources
and
the
reporting
of
emissions.

(
k)
Section
49.139
Rule
for
non­
Title
V
operating
permits.
May
28,
2004
Final
Rule
for
OMB
Review
282
§
§
49.11111­
49.11130
[
Reserved]

§
§
49.11131­
49.17810
[
Reserved]

44.
Subpart
M
of
Part
49
is
amended
by
revising
the
"
Appendix
to
Subpart
M
 
Alphabetical
Listing
of
Tribes
and
Corresponding
Sections"
to
read
as
follows:

Appendix
to
Subpart
M
 
Alphabetical
Listing
of
Tribes
and
Corresponding
Sections
Indian
Tribe
Refer
to
the
following
sections
in
subpart
M
Burns
Paiute
Tribe
of
the
Burns
Paiute
Indian
Colony
of
Oregon
§
§
49.9861
to
49.9890
Chehalis
Reservation,
Washington
 
Confederated
Tribes
of
the
§
§
49.9891
to
49.9920
Coeur
d'Alene
Tribe
of
the
Coeur
D'Alene
Reservation,
Idaho
§
§
49.9921
to
49.9950
Colville
Reservation,
Washington­­
Confederated
Tribes
of
the
§
§
49.9951
to
49.9980
Coos,
Lower
Umpqua
and
Siuslaw
Indians
of
Oregon­­

Confederated
Tribes
of
the
§
§
49.9981
to
49.10010
Coquille
Tribe
of
Oregon
§
§
49.10011
to
49.10040
Cow
Creek
Band
of
Umpqua
Indians
of
Oregon
§
§
49.10041
to
49.10070
Grand
Ronde
Community
of
Oregon­­
Confederated
Tribes
of
the
§
§
49.10101
to
49.10130
Hoh
Indian
Tribe
of
the
Hoh
Indian
Reservation,
Washington
§
§
49.10131
to
49.10160
Jamestown
S'Klallam
Tribe
of
Washington
§
§
49.10161
to
49.10190
Kalispel
Indian
Community
of
the
Kalispel
Reservation,

Washington
§
§
49.10191
to
49.10220
Klamath
Indian
Tribe
of
Oregon
§
§
49.10221
to
49.10250
Indian
Tribe
Refer
to
the
following
sections
in
subpart
M
May
28,
2004
Final
Rule
for
OMB
Review
283
Kootenai
Tribe
of
Idaho
§
§
49.10251
to
49.10280
Lower
Elwha
Tribal
Community
of
the
Lower
Elwha
Reservation,

Washington
§
§
49.10281
to
49.10310
Lummi
Tribe
of
the
Lummi
Reservation,
Washington
§
§
49.10311
to
49.10340
Makah
Indian
Tribe
of
the
Makah
Indian
Reservation,

Washington
§
§
49.10341
to
49.10370
Muckleshoot
Indian
Tribe
of
the
Muckleshoot
Reservation,

Washington
§
§
49.10371
to
49.10400
Nez
Perce
Tribe
of
Idaho
§
§
49.10401
to
49.10430
Nisqually
Indian
Tribe
of
the
Nisqually
Reservation,
Washington
§
§
49.10431
to
49.10460
Nooksack
Indian
Tribe
of
Washington
§
§
49.10461
to
49.10490
Port
Gamble
Indian
Community
of
the
Port
Gamble
Reservation,

Washington
§
§
49.10491
to
49.10520
Puyallup
Tribe
of
the
Puyallup
Reservation,
Washington
§
§
49.10521
to
49.10550
Quileute
Tribe
of
the
Quileute
Reservation,
Washington
§
§
49.10551
to
49.10580
Quinault
Tribe
of
the
Quinault
Reservation,
Washington
§
§
49.10581
to
49.10610
Sauk­
Suiattle
Indian
Tribe
of
Washington
§
§
49.10641
to
49.10670
Shoalwater
Bay
Tribe
of
the
Shoalwater
Bay
Indian
Reservation,

Washington
§
§
49.10671
to
49.10700
Shoshone­
Bannock
Tribes
of
the
Fort
Hall
Indian
Reservation
of
Idaho
§
§
49.10701
to
49.10730
Siletz
Reservation,
Oregon­­
Confederated
Tribes
of
the
§
§
49.10731
to
49.10760
Indian
Tribe
Refer
to
the
following
sections
in
subpart
M
May
28,
2004
Final
Rule
for
OMB
Review
284
Skokomish
Indian
Tribe
of
the
Skokomish
Reservation,

Washington
§
§
49.10761
to
49.10790
Spokane
Tribe
of
the
Spokane
Reservation,
Washington
§
§
49.10821
to
49.10850
Squaxin
Island
Tribe
of
the
Squaxin
Island
Reservation,

Washington
§
§
49.10851
to
49.10880
Stillaguamish
Tribe
of
Washington
§
§
49.10881
to
49.10920
Suquamish
Indian
Tribe
of
the
Port
Madison
Reservation,

Washington
§
§
49.10921
to
49.10950
Swinomish
Indians
of
the
Swinomish
Reservation,
Washington
§
§
49.10951
to
49.10980
Tulalip
Tribes
of
the
Tulalip
Reservation,
Washington
§
§
49.10981
to
49.11010
Umatilla
Reservation,
Oregon­­
Confederated
Tribes
of
the
§
§
49.11011
to
49.11040
Upper
Skagit
Indian
Tribe
of
Washington
§
§
49.11041
to
49.11070
Warm
Springs
Reservation
of
Oregon­­
Confederated
Tribes
of
the
§
§
49.11071
to
49.11100
Yakama
Nation,
Washington­­
Confederated
Tribes
and
Bands
of
the
§
§
49.11101
to
49.11130
PART
9
 
[
AMENDED]

45.
The
authority
citation
for
part
9
continues
to
read
as
follows:

Authority:
7
U.
S.
C.
135
et
seq.,
136­
136y;
15
U.
S.
C.
2001,
2003,
2005,
2006,
2601­
2671;
21
U.
S.
C.
331j,
346a,
348;
31
U.
S.
C.
9701;
33
U.
S.
C.
1251
et
seq.,
1311,
1313d,
1314,
1318,
1321,
May
28,
2004
Final
Rule
for
OMB
Review
285
1326,
1330,
1342,
1344,
1345
(
d)
and
(
e),
1361;
E.
O.
11735,
38
FR
21243,
3
CFR,
1971­
1975
Comp.
p.
973;
42
U.
S.
C.
241,
242b,
243,
246,
300f,
300g,
300g­
1,
300g­
2,
300g­
3,
300g­
4,

300g­
5,
300g­
6,
300j­
1,
300j­
2,
300j­
3,
300j­
4,
300j­
9,
1857
et
seq.,
6901­
6992k,
7401­
7671q,

7542,
9601­
9657,
11023,
11048.

2.
In
§
9.1
the
table
is
amended
by
adding
§
§
49.126
through
49.139
to
read
as
follows:

§
9.1
OMB
approvals
under
the
Paperwork
Reduction
Act.

*
*
*
*
*

40
CFR
citation
OMB
control
no.

*
*
*
*
*

40
CFR
Part
49
 
TRIBAL
CLEAN
AIR
ACT
AUTHORITY
§
49.126(
e)(
1)(
i)
[
Insert
OMB
control
no.]
§
49.126(
e)(
1)(
iii)
§
49.126(
e)(
1)(
v)
§
49.127(
e)
§
49.130(
f)(
1)­(
2)
§
49.131(
c)(
4)­(
5)
§
49.132(
d)(
1)
§
49.132(
e)(
1)
§
49.133(
c)(
1)
§
49.133(
d)(
1)
§
49.134(
c)(
1)
§
49.134(
d)(
1)
§
49.138(
d)­(
f)
May
28,
2004
Final
Rule
for
OMB
Review
286
§
49.139(
c)(
1)
§
49.139(
d)
§
49.139(
e)(
2)

*
*
*
*
*
