1
February
2005
Framework
for
Implementation
of
the
Federal
Air
Rules
for
Reservations
(
FARR)

I.
Introduction
This
implementation
framework
describes
the
high­
level
overview
of
EPA's
plan
for
implementation
of
the
Federal
Air
Rules
for
Reservations
(
FARR).
It
is
intended
to
give
the
reader
a
general
sense
of
EPA's
approach
to
the
implementation
of
each
section
of
the
FARR;
the
alignment
of
resources
with
implementation
needs;
and
the
ways
in
which
EPA
will
involve
tribes
in
FARR
implementation.

Although
this
framework
is
only
an
overview,
a
team
of
EPA
Region
10
staff
is
developing
a
comprehensive
FARR
implementation
strategy
and
detailed
implementation
plans
for
each
element
of
the
FARR.
We
anticipate
that
the
level
of
effort
needed
to
fully
develop
our
implementation
activities
will
be
highly
variable,
depending
on
which
element
is
being
addressed.
In
the
areas
of
permitting,
compliance
monitoring,
complaint
response,
and
enforcement,
EPA
Region
10
has
mature
programs
that
already
operate
in
Indian
Country.
Further
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.

Resource
evaluation
is
a
key
part
of
implementation
planning.
Region
10'
s
implementation
strategy
will
encompass
all
the
work
that
must
be
undertaken
to
implement
the
FARR
rules
and
will
consider
a
full
range
of
implementation
scenarios
based
on
differing
assumptions
about
EPA
and
tribal
resources.
Over
the
near
term,
EPA
Region
10
does
not
anticipate
adding
significant
new
resources,
either
for
EPA
or
for
the
tribes,
to
conduct
the
work
of
FARR
implementation.
Small
additions
or
shifts
to
EPA
staffing
and
extramural
funding
are
possible.
Shifting
of
resources
within
EPA
Region
10
will
take
place
as
we
prioritize
work
in
the
air
program.
This
will
result
in
some
limited
additional
resources
being
dedicated
to
FARR
implementation.
The
phasing
in
of
different
elements
of
the
FARR
will
help
EPA
spread
out
the
implementation
work
and
evaluate
placement
of
our
resources
for
implementation.

Implementation
of
the
FARR
will
require
EPA
Region
10
to
take
on
a
new
role
with
respect
to
the
Clean
Air
Act.
The
Region
will
be
responsible
for
direct
implementation
of
a
comprehensive
air
quality
management
program,
essentially
functioning
as
a
local
air
agency:
one
whose
jurisdiction
encompasses
39
separate
geographic
areas
in
three
states.
While
EPA
will
have
the
role
of
a
local
air
agency,
we
intend
to
implement,
in
a
consistent
manner,
the
set
of
federal
rules
that
apply
on
all
39
reservations
in
Idaho,
Oregon,
and
Washington.
Local
approaches
to
specific
local
situations
will
come
about
when
tribes
are
able
to
adopt
and
implement
their
own
air
quality
programs.
2
EPA
staff
in
various
organizational
units
will
be
engaged
in
implementation
of
the
FARR.
The
lead
responsibility
will
be
housed
in
the
Office
of
Air,
Waste
and
Toxics.
The
Office
of
Enforcement
and
Compliance
will
attend
to
the
compliance
assurance
and
enforcement
of
the
rules.
Additional
support
will
come
from
the
Office
of
Environmental
Assessment,
the
Tribal
Office,
and
the
Operations
Offices
in
Boise,
Portland,
and
Olympia.

II.
Outreach
for
FARR
Promulgation
and
Implementation
An
important
aspect
of
implementation
of
the
FARR
will
be
outreach
to
the
affected
communities.
EPA
Region
10
is
developing
a
comprehensive
outreach
strategy
which
includes
plans
for
the
tasks
and
expenses
required
to
adequately
educate
people
and
sources
affected
by
the
FARR.
"
Outreach"
is
defined
as
providing
information
appropriate
to
each
sector
(
citizens,
tribal
leaders
and
air
staff,
source
owners
and
operators)
so
that
they
understand
what
the
rules
require.
The
outreach
strategy
will
also
address
timing
for
delivery
and
the
resources
available
to
provide
adequate
outreach.
EPA
intends
to
involve
tribal
and
non­
tribal
stakeholders
in
the
development
of
outreach
plans
so
the
materials
created
will
be
effective
and
culturally­
sensitive.

III.
Overviews
of
Implementation
Planning
for
Each
Element
of
the
FARR
A.
Compliance
Assurance
The
compliance
assurance
program
broadly
includes
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
to
inform
the
regulated
community
of
the
new
rules
and
provide
information
about
compliance
obligations.
Compliance
monitoring
activity
includes
a
range
of
activities
to
investigate
and
determine
compliance,
for
example,
on­
site
inspections
or
observations,
review
of
certifications
and
emissions
monitoring
results,
review
of
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
will
take
a
variety
of
forms
depending
on
the
nature
of
the
compliance
issue
and
the
relative
priority
for
EPA
response.
(
see
B.
Enforcement,
below)

The
initial
focus
of
EPA's
compliance
assurance
work,
including
compliance
monitoring
and
enforcement
follow­
up,
will
be
on
the
regulated
industrial
sources.
Priority
will
be
given
to
those
facilities
that
meet
the
definition
of
major
facility
and
selected
non­
major
stationary
sources
of
interest
to
EPA.
For
this
group
of
facilities,
EPA's
Compliance
Monitoring
Strategy,
Response
to
High
Priority
Violations,
CAA
Stationary
Source
Civil
Penalty
Policy,
and
the
Agency's
Procedures
for
Enforcement
in
Indian
Country
will
generally
direct
our
work.
3
In
order
to
implement
the
compliance
assurance
program,
Region
10
will
use
staff
from
several
offices
and
programs
including
air
staff
located
in
Seattle
and
Olympia,
Washington,
Boise,
Idaho
and
Portland,
Oregon.
The
Region
will
explore
options
for
securing
the
services
of
a
"
circuit
rider"
who
would
assist
EPA
in
the
field
by
making
regular
visits
to
reservations.
EPA
will
look
for
opportunities
to
promote
tribal
participation
through
formal
agreements,
such
as
delegations
or
Direct
Implementation
Tribal
Cooperative
Agreements
(
DITCAs),
and
through
work­
sharing
and
collaboration
where
not
formally
delegated.

Effective
compliance
assurance
for
the
FARR
will
include
response
to
complaints.
EPA
is
responsible
for
responding
to
air
quality
complaints
received
from
members
of
the
general
public,
companies,
agencies,
and
tribal
representatives.
Region
10
will
adapt
its
existing
complaint
response
program
to
the
FARR
as
the
rules
become
effective.
EPA's
level
of
response
to
complaints
will
depend
on
the
nature
of
the
complaint
and
the
level
of
impact.
For
complaints
regarding
an
imminent
or
substantial
endangerment
to
health
or
the
environment,
EPA
will
notify
the
appropriate
authorities
in
or
near
the
effected
area
to
respond
immediately,
and
will
take
other
actions
as
needed
to
protect
public
health
and
welfare.
For
complaints
not
in
need
of
an
immediate
response,
EPA
will
formulate
its
response
based
on
factors
such
as
whether
the
complaint
is
about
emissions
from
an
industrial
facility
or
from
a
private
residence,
the
type
and
amount
of
emissions
generating
the
complaint,
possible
impacts
to
nearby
population
or
environment,
and
the
frequency
of
the
complaints
against
a
specific
source.
EPA
will
work
with
the
tribe
and
any
other
appropriate
agency
to
respond
to,
and
resolve,
the
complaint.

B.
Enforcement
When
violations
are
reported
to
EPA,
or
discovered
by
EPA
or
the
Tribe
as
a
result
of
inspections
or
other
reviews,
EPA
intends
to
take
prompt
enforcement
action
consistent
with
EPA
policy
and
guidance,
and
in
accordance
with
the
Region
10
Enforcement
Procedures
in
Indian
Country.
The
Clean
Air
Act
provides
EPA
with
broad
discretionary
authority
in
this
regard.
Under
section
113
of
the
Act,
EPA
is
authorized
to
bring
enforcement
actions
against
facilities
for
violations
of
the
FARR
(
i.
e.,
FIP).
This
authority
includes
civil
and
administrative
penalty
authority,
the
authority
to
seek
injunctive
relief,
and
the
authority
to
pursue
criminal
actions.
Under
section
113
of
the
Act,
EPA
has
the
authority
to
collect
up
to
$
32,500
per
day
for
each
violation
of
each
FIP
requirement.
Additional
authority
also
exists
in
other
parts
of
the
Act,
including
EPA's
emergency
authority
under
section
303
and
penalty
authority
under
section
120.
EPA
rules
under
the
Act,
such
as
this
FARR,
do
not
typically
include
separate
or
special
enforcement
provisions,
but
instead
rely
on
the
authority
under
sections
113,
120,
303
and
other
EPA
statutes.
Thus,
the
FARR
does
not
rely
on
any
single
enforcement
tool.

EPA
will
address
noncompliance
with
the
various
general
rules
in
the
FARR
(
e.
g.,
general
provisions,
open
burning,
registration)
by
an
enforcement
response
appropriate
to
the
specific
situation.
Generally,
the
sources
responsible
may
not
be
major
or
synthetic
minor
sources
and
would
not
be
subject
to
EPA's
High
Priority
Violation
(
HPV)
Policy
for
determining
an
4
appropriate
enforcement
response.
For
non­
HPV
violations,
for
example,
one
tool
EPA
may
use
is
a
Notice
of
Violation
to
document
the
violation
and
request
the
facility
to
submit
corrective
actions
they
will
take
to
return
to
compliance
and
to
ensure
continued
compliance.
Region
10
may
develop
an
enforcement
response
policy
that
will
apply
specifically
to
violations
at
these
minor
sources.
For
violations
at
major
sources
and
certain
synthetic
minor
sources,
EPA
will
make
a
determination
as
to
whether
the
violation
meets
the
criteria
of
a
HPV
and
apply
EPA's
HPV
Policy
and
Region
10
Enforcement
Procedures
in
Indian
Country.
This
may
apply,
for
example,
to
violations
of
the
rules
limiting
visible
emissions,
particulate
matter,
sulfur
dioxide,
and
sulfur
in
fuels.

Implementation
of
the
open
burning
rule
as
it
relates
to
residential
activities
will
pose
unique
challenges.
EPA
recognizes
a
difference
in
strategies
is
needed
for
residential
and
industrial
sources.
For
enforcement
of
the
residential
open
burning
rule,
at
least
during
the
initial
phase
of
implementation,
emphasis
will
be
on
education
and
compliance
assistance.
The
Region
10
air
program
anticipates
working
with
the
solid
waste
program
and
tribes
to
design
and
implement
effective
outreach
and
education,
design
and
implement
complaint
tracking
and
response
programs,
and
work
to
address
alternatives
to
burning.
EPA
will
also
enlist
assistance,
where
available,
from
local
fire
protection
districts
in
responding
to
open
burning
complaints.

C.
Emissions
Detrimental
to
Public
Health
or
Welfare
The
rule
for
emissions
detrimental
to
public
health
or
welfare
will
apply
on
all
reservations
in
Idaho,
Oregon,
and
Washington.
Implementation
of
this
rule
initially
involves
responding
to
complaints
or
air
quality
situations
that
are
brought
to
EPA's
attention.
If
EPA
determines
that
there
is
a
potential
air
quality
problem
that
is
not
adequately
addressed
by
existing
EPA
or
tribal
requirements,
it
may
choose
to
undertake
an
investigation
to
determine
whether
or
not
emissions:
(
1)
are
causing
or
contributing
to
a
violation
of
any
national
ambient
air
quality
standard;
or
(
2)
are
presenting
an
imminent
and
substantial
endangerment
to
public
health
or
welfare,
or
the
environment.

In
any
investigation
under
§
49.135,
EPA
would
work
closely
with
the
affected
parties,
the
owner
or
operator
of
the
source,
and
the
tribe.
If
the
Regional
Administrator
then
determines
that
emissions
from
a
source
are
causing
such
an
impact,
the
Regional
Administrator
may
require
the
installation
of
controls
or
require
reasonable
precautions
to
prevent
or
reduce
emissions.
The
final
Agency
action
under
§
49.135
will
be
a
permit
to
construct
or
a
permit
to
operate,
which
will
go
through
the
public
involvement
process
specified
in
the
applicable
permit
rule.
Additionally,
the
resulting
permit
will
be
subject
to
both
administrative
and
judicial
appeal.
The
air
pollution
source
would
be
required
to
comply
with
the
terms
and
conditions
of
any
permit
issued
by
the
Regional
Administrator.

The
standard
of
"
is
presenting
an
imminent
and
substantial
endangerment
to
public
health
or
welfare,
or
the
environment"
tracks
the
statutory
language
in
section
303
of
the
Act,
for
which
5
EPA
has
issued
guidance.
See
"
Guidance
on
Section
303
of
the
Clean
Air
Act,"
April
1999.
As
stated
in
the
rule,
nothing
in
§
49.135
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.
Section
49.135
gives
EPA
another
tool
for
addressing
emissions
that
are
presenting
an
imminent
and
substantial
endangerment
to
public
health
or
welfare,
or
the
environment.
In
determining
whether
to
take
action
under
section
303
of
the
Act
or
to
use
the
permitting
process
in
§
49.135,
EPA
will
balance
the
need
for
immediate
response
against
the
potential
benefit
of
using
a
public
process
that
in
some
instances
may
be
better
able
to
achieve
a
more
long­
term
solution
to
an
ongoing
air
quality
problem.

D.
General
Opening
Burning
The
purpose
of
the
open
burning
rule
is
to
limit
the
types
of
materials
that
can
be
openly
burned
within
Indian
reservations
to
control
emissions
of
particulate
matter
(
PM),
toxics
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.
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
states
and
tribes
to
enhance
an
awareness
of
the
health
concerns
associated
with
open
burning
and
facilitate
the
use
of
alternate
disposal
methods
through
outreach
and
recycling
programs.

Under
the
open
burning
rule,
EPA
will
be
working
with
tribes
to
provide
educational
materials
about
the
effects
of
residential
burning
on
human
health.
We
are
seeking
funding
to
provide
workshops
and
training
for
tribal
air
and
solid
waste
program
staff.
We
will
develop
and
target
outreach
and
educational
materials
specific
to
each
reservation
as
resources
allow,
but
first
we
will
develop
materials
which
can
be
used
across
all
reservations
affected
by
the
FARR.
We
will
also
seek
out
partners
on
reservations
(
tribal
air
staff,
non­
profits,
health
agencies,
fire
departments
etc.)
who
are
interested
in
working
with
us
to
accomplish
our
outreach
goals.

The
open
burning
rule
provides
EPA
Region
10
the
authority
to
ban
open
burning
under
certain
conditions.
The
Regional
Administrator
may
declare
a
burn
ban
whenever
air
pollution
levels
have
exceeded
or
are
expected
to
exceed
75%
of
the
National
Ambient
Air
Quality
Standards
(
NAAQS)
for
particulate
matter,
or
whenever
the
Regional
Administrator
issues
an
air
stagnation
advisory,
or
declares
an
air
pollution
alert,
warning,
or
emergency.
(
Section
303
of
the
CAA
also
gives
the
Regional
Administrator
the
authority
to
ban
open
burning
if
the
burning
is
causing
or
contributing
to
an
imminent
and
substantial
threat
to
public
health,
welfare,
or
the
environment.)
See
section
E.
of
this
document
for
a
description
of
Region
10'
s
plan
for
6
determining
and
communicating
burn
bans
under
both
the
general
rule
for
open
burning
and
the
rule
for
air
pollution
episodes.

E.
Air
Pollution
Episodes
Implementing
the
Federal
Air
Rules
for
Reservations
requires
Region
10
to
inform
individuals
living
on
reservations
of
poor
air
quality
episodes
and
the
mandatory
burn
bans
that
accompany
such
episodes.
These
episodes
consist
of
air
stagnation
advisories,
air
pollution
alerts,
air
pollution
warnings,
and
air
pollution
emergencies.
Following
is
the
Region
10
strategy
for
informing
the
public
(
tribal
and
non­
tribal
members)
living
on
reservations
in
Region
10
of
poor
air
quality
episodes.

The
first
step
to
implement
these
sections
of
the
FARR
is
to
review
weather
forecast
information.
The
National
Weather
Service
(
NWS)
monitors
current
and
forecast
weather
information
and
many
NWS
offices
issue
air
stagnation
advisories
to
the
public.
When
the
NWS
issues
an
air
stagnation
advisory,
Region
10
meteorologists
will
determine
its
applicability
to
reservations
in
Region
10.

State
and
local
air
quality
agencies
in
Region
10
currently
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,
Region
10
will
establish
a
communication
protocol
with
state
and
local
agencies
that
will
determine
the
most
efficient
way
to
coordinate
EPA,
state,
and
local
air
quality
announcements.
When
a
state
or
local
air
quality
agency
issues
an
air
quality
episode
statement
Region
10
will
determine
if
the
episode
conditions
also
exist
within
any
reservations.
To
determine
if
episode
conditions
exist
within
a
certain
reservation,
Region
10
will
take
into
consideration
existing
air
quality
as
measured
by
air
quality
monitors
which
may
be
representative
of
air
quality
for
the
airshed
in
which
the
reservation
is
located.
EPA
will
determine
which
existing
monitors
are
representative
for
each
reservation
prior
to
implementation
of
this
rule.
As
monitoring
networks
change
and
expand,
EPA
will
ensure
that
it
continues
to
use
the
monitors
that
best
represent
air
quality
for
each
reservation.

Once
Region
10
determines
that
it
is
appropriate
to
issue
a
statement
of
a
poor
air
quality
episode
on
reservations,
Region
10
will
communicate
this
information
to
the
affected
public
living
on
the
reservation.
The
following
process
will
be
used
to
communicate
this
information
to
the
public:
 
Region
10
will
compile
contact
information
on
tribal
agencies,
newspapers,
and
radio
and
television
outlets
that
could
disseminate
information
about
poor
air
quality
events
to
the
residents
of
reservations.
 
When
an
air
quality
event
episode
is
predicted
to
occur,
and
when
a
burn
ban
is
necessary,
Region
10
will
send
announcements
to
these
contacts
electronically
(
e­
mail
or
fax)
or
inform
them
by
telephone.
7
 
Announcements
and
information
on
air
quality
events
episodes
will
be
posted
on
the
Region
10
website
for
access
by
the
public
and
the
media.

Initially,
EPA

s
implementation
of
the
air
pollution
episode
rules
will
rely
largely
on
air
quality
data
being
collected
at
existing
air
monitors
operated
by
state
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
which
Region
10
would
consider
prior
to
issuing
burn
bans
and/
or
declaring
an
air
pollution
episode
for
reservations.
Reservations
which
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.

F.
Burn
Permits
Programs
The
FARR
includes
three
rules
to
establish
burn
permit
programs
for
agricultural
burning,
forestry
burning,
and
open
burning.
The
Nez
Perce
Reservation
and
the
Umatilla
Indian
Reservation
are
the
only
reservations
where
EPA
has
found,
in
consultation
with
the
relevant
tribe,
that
it
is
appropriate
to
promulgate
these
rules
for
burn
permit
programs.

Development
and
implementation
of
the
burn
permit
programs
will
require
an
investment
of
resources
on
the
part
of
both
EPA
and
the
tribes.
Each
tribe
and
reservation
is
unique
so
EPA
will
need
to
work
individually
with
the
tribes
to
tailor
programs
that
recognize
current
capacity
and
local
needs.
The
Nez
Perce
Tribe,
for
example,
already
operates
a
smoke
management
program
(
SMP)
for
agricultural
burning
which
is
implemented
in
coordination
with
the
State
of
Idaho
and
EPA
under
a
Memorandum
of
Agreement
(
MOA).
The
Nez
Perce
Tribe
also
has
a
Direct
Implementation
Tribal
Cooperative
Agreement
(
DITCA)
in
place
with
EPA
that
provides
the
mechanism
for
funding
of
the
Tribe's
work
on
the
burn
permit
program.
The
Confederated
Tribes
of
the
Umatilla
Indian
Reservation
(
CTUIR)
does
not
yet
have
an
SMP,
an
MOA
for
burning
activities
with
other
jurisdictions,
or
a
DITCA.

Major
elements
of
the
burn
permit
programs
(
not
including
enforcement)
will
be
administered
by
the
tribes
on
behalf
of
EPA.
An
important
initial
task,
therefore,
will
be
the
development
of
Delegation
Agreements
that
identify
the
roles
and
responsibilities
of
EPA
and
the
tribes
in
implementing
the
rules.
The
Delegation
Agreements
will
provide
the
framework
for
all
aspects
of
implementation,
including
development
of
SMPs,
describing
the
scope
and
details
of
the
permit
programs
(
such
as
permit
forms
and
the
process
for
issuance),
MOA
development,
identifying
and
prioritizing
program
resource
needs
and
funding
options,
revising
or
developing
DITCAs,
training,
complaint
response,
and
outreach.

Once
the
rules
are
final
and
the
Delegation
Agreements,
the
MOAs,
and
the
funding
mechanisms
are
developed,
the
amount
of
EPA
staff
resources
can
be
scaled
back
to
focus
on
8
periodic
oversight
and
assessment
of
the
programs,
grants
administration,
technical
assistance
where
appropriate,
carrying
out
responsibilities
specified
in
the
MOAs,
and
enforcement
duties.

G.
Registration
Rule
The
rule
for
registration
of
air
pollution
sources
and
the
reporting
of
emissions
applies
to
all
air
pollution
sources
except
those
which
are
specifically
exempted
by
the
rule.
Exempted
sources
include
such
things
as
single
family
residences,
small
boilers
and
heaters
used
for
space
heating,
open
burning,
and
any
smaller
sources
with
potential
to
emit
less
than
2
tons
per
year
of
any
air
pollutant
(
see
rule
for
complete
list
of
exempted
sources).
Sources
subject
to
the
regulatory
programs
already
developed
under
sections
111
and
112
of
the
CAA
are
subject
to
this
rule
regardless
of
the
quantity
of
their
emissions.

Sources
subject
to
this
rule
will
need
to
report
their
total
annual
actual
emissions
of
certain
air
pollutants
and
will
need
to
collect
and
retain
records
supporting
their
calculations.
Existing
sources
will
need
to
submit
their
initial
registration
by
February
15,
2007.
This
initial
registration
will
need
to
report
on
their
calendar
year
2006
emissions.
New
sources
will
need
to
submit
their
initial
registration
no
later
than
90
days
after
commencing
operation
and
will
need
to
report
their
estimated
emissions
for
the
current
calendar
year.
After
sources
submit
their
initial
registration,
they
will
need
to
submit
reports
of
relocation,
change
of
ownership,
or
closure
as
necessary,
and
their
annual
registration
each
subsequent
February
15th.

EPA's
current
inventory
of
sources
located
in
Region
10
Indian
Country
indicates
approximately
120
facilities
that
are
likely
to
be
required
to
register
with
EPA.
To
implement
the
registration
program,
Region
10
will
continue
to
refine
the
inventory
of
sources
by
working
closely
with
the
tribal
air
programs
and
through
direct
contact
with
individual
facilities.
Initially
EPA
will
target
its
outreach
to
all
the
sources
on
the
inventory,
providing
general
information
about
the
applicability
of
the
registration
rule
requirements.
A
more
targeted
compliance
assistance
effort
will
likely
focus
on
the
specific
industrial
sectors
such
as
asphalt
plants,
boilers
greater
than
400kBtu/
hr,
fiberglass
facilities,
chrome
plating
facilities,
dry
cleaners,
etc.
These
sources
are
likely
to
be
regulated
under
the
New
Source
Performance
Standards
(
NSPS)
and
Maximum
Achievable
Control
Technology
(
MACT)
regulatory
programs
and
would,
therefore,
be
required
to
follow
the
FARR
registration
requirements.

Region
10
will
need
to
establish
internal
mechanisms
to
manage
a
registration
program.
This
will
include
registration
forms,
guidance
documents,
and
the
development
of
a
database
to
track
source
specific
information
and
to
provide
the
required
reporting
elements
to
the
EPA
facility
reporting
system
through
an
automated
interface.

H.
Title
V
and
Non­
Title
V
Permits
9
Promulgation
of
the
FARR
will
require
the
reopening
of
air
operating
permits
which
Region
10
has
already
issued
under
CAA
Title
V
and
40
CFR
Part
71
so
that
the
permits
include
the
applicable
new
requirements.
Reopening
a
permit
requires
the
same
issuance
procedures
that
initial
and
renewed
permits
require.
Two
permits
will
have
less
than
three
years
remaining
on
their
terms
and
will
not
need
to
be
reopened.
To
speed
up
and
simplify
the
process
EPA
may
perform
group
reopenings.
A
single
notice
and
comment
opportunity
could
be
used
for
multiple
permits.

Section
49.139
of
the
FARR
provides
for
establishment
of
source­
specific
federallyenforceable
air
pollution
requirements
in
operating
permits
under
two
different
circumstances:
1)
a
source
may
request
emission
limits,
typically
to
cap
actual
or
potential
emissions
to
levels
below
applicability
thresholds
of
the
PSD,
NESHAPS,
and
Title
V
programs
and
thereby
avoid
more
detailed
obligations
under
those
programs,
or
2)
the
EPA
may
establish
requirements
determined
to
be
necessary
to
assure
compliance
with
the
implementation
plan,
ambient
standards,
or
PSD
increments.
In
both
cases
there
are
specific
permit
preparation
and
public
notice
and
comment
procedures
that
culminate
in
issuance
of
a
permit
by
the
EPA.
The
EPA
expects
section
49.139
to
be
used
infrequently
and
little
additional
effort
will
be
necessary
to
implement
it.
Region
10
already
has
an
experienced
permit
preparation
team.
Permit
actions
under
section
49.139,
including
pre­
application
assistance
when
necessary,
will
be
handled
by
the
Region
10
permits
team.

I.
Delegation
and
Work­
Sharing
with
Tribes
The
FARR
provides
a
process
by
which
EPA
may
delegate
to
a
tribe
the
authority
to
administer
all
or
a
portion
of
the
federal
rules
that
are
in
effect
for
that
particular
reservation.
While
a
tribe
may
be
delegated
administrative
authority
for
the
federal
rules,
EPA
will
maintain
sole
authority
to
enforce
the
FARR.
In
order
to
delegate
authority
for
any
of
the
rules
in
the
FARR,
EPA
and
the
tribes
will
follow
the
procedures
set
forth
in
Section
49.122.
The
rules
specify
the
content
of
a
tribal
request
for
delegation,
a
requirement
for
EPA
to
consult
with
appropriate
governments
regarding
the
delegation
request,
and
EPA's
responsibilities
for
accomplishing
the
delegation.
When
requesting
delegation,
a
tribe
will
need
to
demonstrate
that
is
has
the
technical
capability
and
adequate
resources
to
administer
the
rule(
s)
for
which
it
is
seeking
delegation.

EPA
believes
that
work­
sharing
with
tribes
may
also
proceed
by
mechanisms
other
than
formal
delegation
agreements.
Tribes,
if
they
chose
to
do
so,
will
be
able
to
assist
with
a
variety
of
tasks
that
will
contribute
to
the
implementation
of
the
FARR.
A
grant
agreement
or
an
MOA
could
be
used
to
document
shared
responsibilities
between
EPA
and
a
tribe.
Activities
that
will
help
the
tribal
communities
and
regulated
entities
understand
the
FARR,
that
will
build
the
capacity
of
tribal
air
professionals
to
implement
air
pollution
control
programs,
or
that
will
help
tribes
evaluate
sources
of
air
pollution
on
reservations
would
fall
within
the
scope
of
work
that
is
often
funded
through
EPA
grants
to
tribes.
10
The
mechanisms
for
EPA
funding
of
tribal
work
on
FARR
implementation
are
the
CAA
103
and
105
grants
and
the
Direct
Implementation
Tribal
Cooperative
Agreement
(
DITCA).
The
DITCA
was
designed
specifically
by
Congress
to
allow
tribes
to
carry
out
EPA
responsibilities
on
reservations.
As
such
it
is
the
most
appropriate
for
work
that
is
clearly
EPA's
responsibility
with
no
comparable
tribal
interest.
Congress
provides
this
funding
authority
on
an
annual
basis
and,
thus,
its
ongoing
availability
is
somewhat
uncertain.
CAA
103
grants
fund
tribes
to
investigate
and
assess
their
air
quality
and
sources
of
air
pollution,
and
to
conduct
demonstration
projects.
Under
CAA
103
authority
tribes
may
take
on
some
work
that
is
related
to
implementation
of
the
FARR,
as
described
above.
CAA
105
authority
provides
for
grants
to
tribes
primarily
for
the
purpose
of
implementing
a
tribe's
own
regulatory
efforts
through
a
Tribal
Implementation
Plan
(
TIP)
or
tribal
code.
Where
tribal
objectives
are
complementary
to
the
objectives
of
the
FARR,
tribes
could
conduct
work
under
a
105
grant
that
advances
the
implementation
of
the
FARR.

As
EPA
and
the
tribes
build
experience
in
implementing
the
FARR
they
will
be
able
to
identify
which
rules
are
most
appropriate
for
which
tribes
to
seek
delegation.
It
will
also
help
to
identify
the
most
efficient
mechanisms
to
provide
financial
support
for
the
tribal
assistance.
Because
assisting
with
the
FARR
rules
will
build
tribal
capacity
to
adopt
their
own
air
quality
regulations,
delegation
will
serve
as
a
logical
step
in
moving
toward
their
own
tribal
air
programs.

END
