[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Proposed Rules]
[Pages 61870-61940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20486]



[[Page 61869]]

Vol. 87

Wednesday,

No. 196

October 12, 2022

Part IV





Environmental Protection Agency





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40 CFR Part 49





Federal Implementation Plans Under the Clean Air Act for Indian 
Reservations in Idaho, Oregon, and Washington; Proposed Rule

  Federal Register / Vol. 87 , No. 196 / Wednesday, October 12, 2022 / 
Proposed Rules  

[[Page 61870]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R10-OAR-2020-0361; FRL-5565-02-R10]
RIN 2012-AA02


Federal Implementation Plans Under the Clean Air Act for Indian 
Reservations in Idaho, Oregon, and Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to revise 
the Federal Air Rules for Reservations (FARR), which is a collection of 
Federal Implementation Plans (FIPs) under the Clean Air Act for Indian 
reservations in Idaho, Oregon, and Washington. The proposed revisions, 
the first since the FARR was promulgated in 2005, clarify aspects of 
the initial rules, improve implementation, reflect air quality 
improvement strategies similar to those implemented in neighboring 
jurisdictions, and add provisions to address high levels of particulate 
matter emissions. In addition, the EPA proposes to promulgate three new 
FIPs implementing the FARR, for the Snoqualmie Indian Reservation, the 
Cowlitz Indian Reservation, and the lands held in trust for the Samish 
Indian Nation. As revised, the FARR will help further protect the human 
health and the environment of communities in and adjacent to these 
Indian reservations. The FARR will continue to be implemented by the 
EPA or a delegated Tribal authority, until replaced by a Tribal 
Implementation Plan (TIP) for a particular Indian reservation.

DATES: 
    Comments: Comments must be received on or before January 10, 2023. 
Under the Paperwork Reduction Act (PRA), comments on the information 
collection provisions are best assured of consideration if the Office 
of Management and Budget (OMB) receives a copy of your comments on or 
before November 14, 2022. Please refer to the SUPPLEMENTARY INFORMATION 
section (section IV.B. Paperwork Reduction Act (PRA) of this preamble) 
for additional information on submitting comments to OMB.
    Public Hearing: If anyone contacts us requesting a public hearing 
on or before October 27, 2022, the EPA will hold a virtual public 
hearing. See SUPPLEMENTARY INFORMATION for information on requesting 
and registering for a public hearing.

ADDRESSES: You may submit your comments, identified by Docket ID No. 
EPA-R10-OAR-2020-0361, using the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. See the SUPPLEMENTARY 
INFORMATION section for further instructions on submitting comments. 
Please contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section if you need assistance.

FOR FURTHER INFORMATION CONTACT: Sandra Brozusky, Air and Radiation 
Division, EPA Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 
98101-1128, (206) 553-5317, [email protected].

SUPPLEMENTARY INFORMATION: Participation in virtual public hearing. As 
discussed in the public hearing subsection, if anyone contacts us to 
request a public hearing on or before October 27, 2022, a virtual 
hearing will be held on November 17, 2022. The opportunity for a 
virtual public hearing is being offered to provide interested parties 
the opportunity to present information and opinions to the EPA 
concerning our proposal.
    If requested, the virtual hearing will convene at 5:30 p.m. Pacific 
Time and will conclude at 8:00 p.m. Pacific Time unless the number of 
registrants indicates more time is needed. The EPA may close a session 
15 minutes after the last registered speaker has testified if there are 
no additional speakers. The EPA will announce further details, 
including whether the hearing will be held, on the virtual public 
hearing website at https://www.epa.gov/farr.
    If a virtual hearing is held you can register to speak by using the 
online registration form available at www.epa.gov/farr or contact 
Sandra Brozusky at by email at [email protected]. The EPA will 
post a general agenda prior to the hearing that will list registered 
speakers in approximate order at: www.epa.gov/farr.
    The EPA will make every effort to follow the schedule as closely as 
possible on the day of the hearing; however, please plan for the 
hearings to run either ahead of schedule or behind schedule.
    Each commenter will have 5 minutes to provide oral testimony. The 
EPA recommends submitting the text of your oral testimony as written 
comments to the rulemaking docket.
    The EPA may ask clarifying questions during the oral presentations 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral testimony and 
supporting information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing will 
be posted online at www.epa.gov/farr. Please monitor our website or 
contact Sandra Brozusky at (206) 553-5317 or by email at 
[email protected] to determine if there are any updates. The EPA 
does not intend to publish a document in the Federal Register 
announcing updates.
    If you require the services of a translator or a special 
accommodation such as audio description, please register for the 
hearing and describe your needs by November 1, 2022. If you need 
additional assistance, please contact the individual listed in the FOR 
FURTHER INFORMATION CONTACT section. The EPA may not be able to arrange 
accommodations without advanced notice.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-R10-OAR-2020-0361. All documents in the docket are 
listed in Regulations.gov. Although listed, some information is not 
publicly available, e.g., Confidential Business Information (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. Publicly 
available docket materials are available electronically in 
www.regulations.gov.
    Instructions. Direct your comments to Docket ID No. EPA-R10-OAR-
2020-0361. The EPA's policy is that all

[[Page 61871]]

comments received will be included in the public docket without change 
and may be made available online at www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be CBI or other information whose disclosure is restricted 
by statute. Do not submit electronically any information that you 
consider to be CBI or other information whose disclosure is restricted 
by statute.
    The EPA may publish any comment received to its public docket. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The www.regulations.gov website allows you to submit your comment 
anonymously, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any digital storage media you submit. If the EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should not include special characters or any form of 
encryption and be free of any defects or viruses. For additional 
information about the EPA's public docket, visit the EPA Docket Center 
homepage at https://www.epa.gov/dockets.
    Due to public health concerns related to COVID-19, the EPA Docket 
Center and Reading Room are open to the public by appointment only. Our 
Docket Center staff will continue to provide remote customer service 
via email, phone, and webform. We encourage the public to submit 
comments via www.regulations.gov. For further information and updates 
on EPA Docket Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the CDC, local area health departments, and our Federal partners 
so that we can respond rapidly as conditions change regarding COVID-19.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be CBI. If your material cannot be 
submitted using www.regulations.gov contact the person in the FOR 
FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    Organization of this document. Throughout this document, whenever 
``we,'' ``us,'' or ``our'' is used, it means the EPA. This 
supplementary information section is arranged as follows:

Table of Contents

I. Background
    A. Today's Action
    B. Basis for Proposed Action
    C. Areas Covered by the Rules
    D. Relationship Between Part 49, Subpart C and Subpart M
II. Proposed FIP Revisions
    A. Proposed Revisions and New Rules
    B. Rules Proposed for Specific Indian Reservations
    C. Environmental Justice
    D. Costs and Benefits Associated With These Rules
III. Public Participation and Request for Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Background

A. Today's Action

    To better protect air quality on Indian reservations in Idaho, 
Oregon, and Washington, and consistent with our authority under 
sections 301(a) and 301(d)(4) of the Clean Air Act (CAA) and 40 CFR 
49.11(a), the EPA is proposing revisions to the Federal implementation 
plans (FIPs) (40 CFR part 49, subpart M) and the General Rules for 
Application to Indian Reservations in EPA Region 10 (40 CFR part 49, 
subpart C). These rules, originally promulgated in 2005, are 
collectively known as the Federal Air Rules for Reservations or 
``FARR.'' As revised, the FARR will continue to ensure that basic air 
quality regulations are in place to protect health and welfare on 
Indian reservations located in Idaho, Oregon, and Washington.
    The proposed revisions are based on the EPA's and Tribes' 
experience in implementing the FARR since 2005, as well as changes in 
related Federal air quality regulations, and changes in monitored air 
quality. The revisions range from minor clarifications and revisions to 
existing rule language, to new regulations addressing additional 
emission sources, such as wood burning devices, that contribute to high 
levels of particulate matter emissions in certain areas. The minor 
changes to the existing FARR consist of eliminating duplicative text, 
correcting syntax and cross-reference errors, renumbering, minor 
clarification of rule language to improve consistency and 
implementation, and reformatting. In describing the FARR revisions in 
section II of this preamble, we have focused on the substantive rule 
changes, and do not describe in detail the editorial changes made 
throughout.
    The proposed revisions include minor editorial changes throughout 
the FARR (subpart C) and FIP (subpart M) rules, in addition to 
substantive changes to certain provisions of the rules. As such, we are 
publishing with this proposal the full text of the rules as proposed to 
be revised, rather than only the portions of the text proposed to be 
revised in this action. A redline-strikeout comparison of the revised 
rules, as proposed, to the existing FARR and FIPs showing all proposed 
changes is included in the docket for this action. The EPA solicits 
comments on all aspects of the proposed revisions.
    The EPA actively coordinated and consulted with affected Tribes in 
both group and individual meetings and encouraged affected Tribes to 
provide input to the EPA in developing these proposed revisions to 
ensure that Tribal considerations are properly addressed. This 
coordination and consultation with affected Tribes is described in the 
docket for this action.

B. Basis for Proposed Action

    On April 8, 2005, the EPA promulgated FIPs under the CAA for 39 
Indian reservations in Idaho, Oregon, and Washington to provide basic 
air quality regulations to protect health and

[[Page 61872]]

welfare (70 FR 18074). The EPA took this action under its authority in 
sections 301(a) and 301(d)(4) of the CAA and 40 CFR 49.11(a) to 
promulgate ``such Federal implementation plan provisions as are 
necessary or appropriate to protect air quality'' in Indian country. A 
key goal of the FARR was to help ensure that people living within 
Indian reservation boundaries receive equivalent air quality protection 
to those living outside of Indian reservations, as well as to ``level 
the playing field'' and help ensure that emissions from sources located 
within Indian reservations are controlled to levels similar to those of 
sources located outside the Indian reservations. The FARR rules were 
therefore substantially similar in the level of control to the 
neighboring State and local rules most relevant to the air polluting 
activities on these Indian reservations (70 FR 18074, 18077, 18091, 
18093, April 8, 2005) (67 FR 11748, 11753, March 15, 2002).
    The EPA has stated that it intends to carry out its authority under 
the CAA in Indian country in a prioritized way, beginning with sources 
that pose the greatest threat to public health and the environment (64 
FR 8247, 8255, February 19, 1999) (67 FR 11748, 11749, March 15, 2002). 
The initial FIPs were the first building blocks under the CAA to 
address the most prevalent needs identified on Indian reservations in 
the Pacific Northwest. The EPA committed to revising the FARR as 
necessary or appropriate after gaining experience in implementing the 
FARR, identifying additional regulatory needs in light of changing air 
quality needs, and in consultation with Tribes (70 FR 18074, 18079, 
18082, 18085, April 8, 2005).
    This proposed rulemaking is the next step in addressing known air 
quality concerns on Indian reservations in the Pacific Northwest. The 
EPA has been implementing the FARR for over 15 years, often with the 
help of Tribes through formal delegations, grants, and informal 
assistance. Over the last several years, the EPA has actively 
coordinated and consulted with the Tribes in Idaho, Oregon, and 
Washington in developing these proposed revisions to the FARR and has 
sought suggestions from those responsible for implementation. The 
proposed revisions in this action incorporate many of these 
suggestions.
    As with the initial promulgation of the FARR in 2005, the EPA is 
proposing these revisions under our authority in sections 301(a) and 
301(d)(4) of the CAA and 40 CFR 49.11(a) because we have concluded that 
the revisions are necessary or appropriate for protecting air quality 
on Indian reservations in the Pacific Northwest. The proposed revisions 
fall into several categories. First, the EPA and the affected Tribes 
have identified needed clarifications of existing rule sections to 
ensure the FARR is implemented as intended in 2005. Second, 
promulgation of new requirements that apply on Indian reservations, 
such as the Federal Minor New Source Review Program in Indian Country 
(Indian Country Minor NSR Rule) (76 FR 38748, July 1, 2011) has made 
some provisions of the FARR obsolete or necessitated revisions. Third, 
the test methods and industry standards incorporated by reference into 
the FARR have been updated since 2005. Fourth, input from affected 
Tribes and the EPA's ongoing evaluation of the FARR identified 
particular concerns with air pollution from some unregulated sources of 
particulate matter, such as emissions from residential wood burning 
devices and certain orchard heating devices.
    Finally, since promulgation of the FARR, the EPA has strengthened 
the National Ambient Air Quality Standards (NAAQS) and increased 
protection of public health and welfare from fine particle pollution by 
reducing the level of the NAAQS for PM2.5 (particles less 
than or equal to 2.5 micrometers in aerodynamic diameter) to 35 
micrograms per cubic meter ([micro]g/m\3\) for the 24-hour standard and 
12 [micro]g/m\3\ for the annual standard (71 FR 61144, October 17, 
2006) (78 FR 3086, January 15, 2013) \1\. The NAAQS, promulgated under 
section 109 of the CAA, are a key component of air quality protection 
under the CAA. PM2.5 particles, measuring about 30 times 
less than the diameter of a human hair, are particularly harmful to 
human health as they can travel through the blood stream and cause 
significant health risks.
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    \1\ The CAA requires EPA to periodically review the standards to 
ensure that they provide adequate health and environmental 
protection, and to update those standards as necessary. The EPA is 
currently reconsidering a previous decision to retain the PM NAAQS, 
which were last strengthened in 2012 and expects to issue a proposed 
rulemaking in 2022 and a final rule in 2023. Should the NAAQS be 
revised, the EPA will work with Tribes to designate Indian 
reservations and evaluate whether further revisions to the FARR are 
necessary or appropriate.
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    Since the PM2.5 NAAQS have been revised, more Indian 
reservations in the Pacific Northwest are at risk of a 
``nonattainment'' designation, which may result in the development and 
implementation of plans containing stricter air pollution reduction 
measures. To reduce emissions to help these areas continue to maintain 
the NAAQS and better protect public health and welfare on Indian 
reservations in the Pacific Northwest, the EPA is proposing revisions 
to existing rules and new rule sections to address certain previously 
unregulated sources of particulate matter emissions. These proposed 
regulations are described in more detail in Section II of this 
preamble.
    In developing these proposed revisions, the EPA has two objectives 
in addition to those discussed in the previous paragraphs of this 
section. First, the EPA is proposing only those regulations that, to 
the extent practicable, minimize the implementation burdens upon the 
EPA and the regulated community while establishing requirements that 
are unambiguous and enforceable. Second, the EPA anticipates that these 
regulations can serve as models for Tribes as they continue to develop 
their own air quality programs. To that end, the regulations are 
designed so they can be implemented by a small air pollution agency and 
can be readily delegated to a Tribe for implementation.
    As with the initial FARR promulgation, the EPA does not intend, nor 
does it expect, the proposed revisions to impose significantly 
different regulatory burdens upon industry or residents within Indian 
reservations than those imposed by the rules of State and local air 
agencies in the surrounding areas. Instead, the intent remains to 
ensure that people living within Indian reservation boundaries receive 
equivalent air quality protection, and that emissions from sources 
located within Indian reservations are controlled to levels similar to 
those of sources located outside the Indian reservations.

C. Areas Covered by the Rules

    The FARR generally applies 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 Implementation Plans for Tribes--Region X. As discussed 
in the Tribal Authority Rule (TAR) (63 FR 7254, 7257-58, February 12, 
1998), the EPA interprets the term ``reservation'' consistent with U.S. 
Supreme Court case law to include both (1) lands that have been 
formally designated as a reservation by, for example, treaty, Federal 
statute, or Executive Order of the President (often referred to as 
``formal reservations'') and (2) lands held in trust by the United 
States for the benefit of a Tribe, even if such lands have not been 
formally designated as a reservation (often referred to as ``informal 
reservations'') (40 CFR 49.2(b); see also Arizona Public Service

[[Page 61873]]

Co. v. EPA, 211 F.3d 1280, 1292-94 (D.C. Cir. 2000), cert. denied, 532 
U.S. 970 (2001)). The preambles to the proposed and final FARR 
promulgated in 2005 indicate that the EPA intended that the FIP for a 
particular Tribe would apply to trust lands, even if not formally 
designated as a reservation (70 FR 18074, 18076-77, April 8, 2005) (67 
FR 11748, 11749-11750, March 15, 2002). This intention, however, may 
not have been clear in light of language included in the final response 
to comments document for the FARR, ``Response to Comments on the March 
15, 2002 Proposal for Federal Implementation Plans under the Clean Air 
Act for Indian Reservations in Idaho, Oregon, and Washington,'' comment 
A.3, indicating that the EPA intended the FARR to apply only to the 
formally designated reservation of a particular Indian Tribe.
    The EPA believes it is important to make clear that the 
environmental protections provided by the FARR extend to 
``reservations,'' as that term has been interpreted by EPA under CAA 
Section 301(d)(2)(B) and the TAR, that is, including any land held in 
trust for a covered Tribe that has not been formally designated as a 
reservation. The FARR currently defines ``Indian country,'' which 
includes Indian reservations as one element of Indian country but does 
not have a stand-alone definition of ``Indian reservation.'' The EPA is 
proposing to add a definition of ``Indian reservation'' in the FARR 
that defines ``Indian reservation'' according to the language of the 
Indian reservation element of Indian country and is thus consistent 
with the definition of ``Federal Indian Reservation,'' ``Indian 
Reservation,'' or ``Reservation'' under the TAR (40 CFR 49.2(c)). To 
eliminate any questions as to where the FARR applies, the EPA proposes 
to include in the FARR definition of Indian reservation the following 
explanatory language: ``Under this definition, Indian reservations 
include lands held in trust by the United States government for the 
benefit of an Indian Tribe even if the trust lands have not been 
formally designated as a reservation''. The inclusion of this 
additional explanatory language is not intended to make the use of the 
term ``Indian reservation'' in the FARR differ in any respect from that 
term as used and defined in the TAR, but rather to ensure the meaning 
of the term ``Indian reservation'' under the FARR is clear to the 
regulated community. Because a FIP under the FARR applies ``within'' 
the reservation of the specified Tribe, any newly established 
reservation lands for the specified Tribe will become automatically 
subject to the FIP for that Tribe as soon as the lands obtain their 
reservation status. The EPA has added language to make this clear.
    Recognizing the lack of clarity on these issues under the existing 
language in the FARR, however, the proposed revisions would establish a 
date after which subject sources on land held in trust for a Tribe that 
has not been formally designated as a reservation must meet the 
requirements of the FARR.\2\ In general, that date will be the 
effective date of the final rule promulgating these revisions. However, 
for rules that provide a period of time before subject sources are 
required to comply, the compliance dates for newly subject sources will 
be specified in those rules. As currently is the case, however, the 
FARR will not apply to the reservation of a newly-recognized Indian 
Tribe in Idaho, Oregon, or Washington until a FIP has been promulgated 
for the reservation of that Tribe, which would occur only after 
coordination and consultation with the affected Tribe and a rulemaking 
with notice and an opportunity for public comment.
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    \2\ We estimate that there are approximately 31 stationary 
sources, such as casinos and a coffee roaster, located on such lands 
covered or proposed to be covered by the FARR. We are not aware of 
any such sources that would require additional control or monitoring 
equipment to comply with the FARR, as revised. The EPA is not 
proposing to revise the FARR to apply to other areas of Indian 
country, namely, individual Indian allotment lands that are located 
outside the exterior boundaries of a reservation or dependent Indian 
communities that do not also qualify as reservations. The EPA is not 
currently aware of any sources on those types of land outside of 
reservations in Idaho, Oregon, or Washington to which the FARR need 
apply. If in the future, EPA becomes aware of air quality concerns 
for Indian country outside of ``Indian reservations'' as defined in 
the FARR, EPA may propose other requirements that are deemed 
necessary or appropriate.
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    In addition to this clarification, the EPA is proposing to make the 
FARR, as revised, applicable through the promulgation of FIPs to the 
reservation lands of two Federally recognized Indian Tribes that did 
not have reservation lands when the FARR was originally promulgated in 
2005. At that time, the Cowlitz Indian Tribe and the Snoqualmie Indian 
Tribe had both received Federal recognition but did not have 
reservation lands. The Cowlitz Indian Reservation was established on 
March 9, 2015, and covers 152 acres in Clark County, Washington (80 FR 
70250, November 13, 2015). The Snoqualmie Indian Reservation was 
established on October 20, 2006, covering approximately 55.84 acres in 
King County, Washington (71 FR 63347, October 30, 2006). In 
anticipation of this proposed revision, the EPA met informally and had 
discussions with both Tribes to explain the FARR and the proposed 
revisions to make the FARR apply to their Indian reservations and 
received each Tribe's input.
    The EPA is also proposing to make the FARR, as revised, applicable 
through the promulgation of a FIP to the lands held in trust for the 
Samish Indian Nation. When the FARR was promulgated in 2005, the Samish 
Indian Nation had received Federal recognition but did not have trust 
lands or a formally designated reservation. During the development of 
the FARR revisions, the EPA had discussions with the Samish Indian 
Nation about having the FARR apply to their trust lands. Applying the 
FARR to the lands held in trust for the Samish Indian Nation would be 
consistent with the clarifications discussed in this section to ensure 
the FARR applies to any land held in trust for a Tribe that has not 
been formally designated as a reservation. The specific rule sections 
that apply on each of these Indian reservations would be incorporated 
by reference into reservation specific FIPs at 40 CFR part 49, subpart 
M, as shown in the proposed rulemaking changes.

D. Relationship Between Part 49, Subpart C and Subpart M

    The FARR has been structured with the ``modular'' approach 
described in the TAR to allow for both variation among Indian 
reservations and to facilitate the development and approval of TIPs to 
replace all or part of the Federal rules. Each section in subpart C, 
e.g., 40 CFR 49.131 General Rule for open burning, is effectively a 
``stand-alone'' rule. The EPA promulgated a FIP in subpart M for each 
reservation, and each FIP incorporates specific rule sections that are 
tailored on a reservation-by-reservation basis. Although most of the 
rules in the FIPs constitute a ``base program'' applicable to all 
Indian reservations in Idaho, Oregon, and Washington, some of the FIPs 
include ``additional'' reservation specific rules where specific needs 
exist or where the EPA determined, in coordination and consultation 
with the relevant Tribe, that a more stringent provision than would 
otherwise apply is appropriate. For example, the rule for particulate 
matter emissions from wood products industry sources was promulgated in 
2005 for Indian reservations that had existing wood products industry 
sources or for those where such sources might be expected to locate, 
and where the EPA determined, in coordination and consultation with the 
affected Tribe, that more stringent provisions were

[[Page 61874]]

appropriate (67 FR 11748, 11750-11751, 11753, 11758, March 15, 2002). 
The proposed revisions maintain this structure.
    Table 1 lists all of the existing rules and proposed new rules 
under the FARR, including the ``base program'' rules that apply or are 
proposed to apply on all Indian reservations in Idaho, Oregon, and 
Washington, as well as the ``additional'' reservation specific rules 
that apply or are proposed to apply on some, but not all such Indian 
reservations (further discussed in Section II. of this preamble).

                                   Table 1--Base Program and Additional Rules
----------------------------------------------------------------------------------------------------------------
                                                                                                    Additional
                Section No.                                 Title                  Base program        rules
----------------------------------------------------------------------------------------------------------------
Sec.   49.123..............................  General provisions.................               x  ..............
Sec.   49.124..............................  Rule for limiting visible emissions               x  ..............
Sec.   49.125..............................  Rule for limiting the emissions of                x  ..............
                                              particulate matter.
Sec.   49.126..............................  Rule for limiting fugitive                        x  ..............
                                              particulate matter emissions.
Sec.   49.127..............................  Rule for woodwaste burners.........  ..............               x
Sec.   49.128..............................  Rule for limiting particulate        ..............               x
                                              matter emissions from wood
                                              products industry sources.
Sec.   49.129..............................  Rule for limiting emissions of                    x  ..............
                                              sulfur dioxide.
Sec.   49.130..............................  Rule for limiting sulfur in fuels..               x  ..............
Sec.   49.131..............................  General rule for open burning......               x  ..............
Sec.   49.132..............................  Rule for large open burning permits  ..............               x
Sec.   49.133..............................  Rule for agricultural burning        ..............               x
                                              permits.
Sec.   49.134..............................  Rule for forestry and silvicultural  ..............               x
                                              burning permits.
Sec.   49.135..............................  Rule for emissions detrimental to                 x  ..............
                                              public health or welfare.
Sec.   49.137..............................  Rule for air pollution episodes....               x  ..............
Sec.   49.138..............................  Rule for the registration of air                  x  ..............
                                              pollution sources and the
                                              reporting of emissions.
Sec.   49.139..............................  Rule for non-Title V operating                    x  ..............
                                              permits.
Sec.   49.140..............................  Rule for residential wood burning                 x  ..............
                                              devices.
Sec.   49.141..............................  Rule for curtailment of residential  ..............               x
                                              wood burning devices for specific
                                              areas.
Sec.   49.142..............................  Rule for small open burning annual   ..............               x
                                              permits.
Sec.   49.143..............................  Permit by rule for small open burns  ..............               x
----------------------------------------------------------------------------------------------------------------

    This structure also facilitates the delegation under 40 CFR 49.122 
of certain FARR rules to Tribes that are building air quality programs. 
A delegation agreement authorizes a Tribe, with Federal assistance, to 
administer the Federal program, with EPA taking any appropriate 
enforcement. This approach allows the EPA to establish requirements 
tailored to local needs that can be effectively implemented through a 
partnership between the EPA and the Tribe. Delegation of the FARR helps 
Tribes gain experience in air quality management while deciding whether 
to adopt their own rules and regulations. To date several Tribes are 
assisting the EPA with implementation of one or more FARR rules under a 
delegation agreement with the EPA. A more detailed discussion on Tribal 
delegations can be found in 67 FR 11748, 11751-52, March 15, 2002. 
There are no substantive revisions proposed to the delegation 
provisions of the FARR.
    The modular structure of the FARR also supports Tribes that choose 
to develop their own air quality program and submit it to the EPA for 
approval as a TIP. Under section 49.7(c) of the TAR, Tribes that are 
approved as meeting the eligibility criteria for Treatment as a State 
have the option of developing severable elements of a TIP and 
submitting those elements to the EPA for approval under the CAA. This 
allows the EPA to approve a Tribal rule covering a particular source 
type or activity and revoke the corresponding FARR rule from the FIP, 
while still leaving in place the FARR rules for other sources and/or 
activities. This approach allows for an easy incremental transition 
from Federal regulations to EPA-approved Tribal rules. As an example, 
on November 24, 2014, the EPA approved a TIP submitted by the Swinomish 
Indian Tribal Community establishing a Tribal program applicable to all 
persons within the exterior boundaries of the Swinomish Reservation 
regulating open burning (79 FR 69763, November 24, 2014). In the same 
action, EPA rescinded the FARR General rule for open burning (40 CFR 
49.131) from the Swinomish Reservation FIP such that only the Swinomish 
Tribal open burning rule applies.

II. Proposed FIP Revisions

A. Proposed Revisions and New Rules

    As discussed in Section I.A. of this preamble, the EPA is proposing 
to revise several of the rules originally promulgated in 2005 that 
comprised the original ``base program'' rules that apply to all Indian 
reservations in Idaho, Oregon, and Washington and is proposing to 
promulgate one new ``base program'' regulation. The EPA is also 
proposing to revise several of the ``additional'' reservation specific 
rules originally promulgated in 2005 that apply on some, but not all, 
Indian reservations in Idaho, Oregon, and Washington, and the EPA is 
proposing to promulgate several new additional rules that would only 
apply, in coordination and consultation with the relevant Tribes, on 
specific Indian reservations where the EPA finds that the rules are 
necessary or appropriate. See Section II.B. of this preamble for a more 
detailed discussion on the additional rules proposed for specific 
Indian reservations. Each of these proposed new sections address 
emission sources that contribute to high levels of particulate matter 
emissions and protect air quality from the potential for significant 
deterioration caused by the release of particulate matter.
    The following paragraphs summarize the substantive proposed changes 
for each of the sections of the existing and new rules that will 
comprise the ``base program'' and the existing and new additional rules 
that apply only on specific Indian reservations.
Administrative Changes
    The EPA has made minor administrative revisions throughout the FARR 
to ensure consistency in the use of terms and structure in similar 
provisions and to make other minor changes, where appropriate. For 
example, the proposed revisions replace the title of the FARR from 
``General

[[Page 61875]]

Rules for Application to Indian Reservations in EPA Region 10'' with 
``General Rules for Application to Indian Reservations in Idaho, 
Oregon, and Washington'' to better reflect the geographic scope of the 
FARR. In 40 CFR 49.121 Partial delegation of administrative authority 
to a Tribe, the revisions clarify that a delegation may cover all or 
part of an Indian Reservation. As another example, at the end of each 
section of the current rules is a subparagraph that lists terms used in 
that rule and points to 40 CFR 49.123 General provisions for the 
definitions of these terms. The EPA is proposing to remove these 
sections because this itemized list of defined terms has not proven to 
be helpful and in fact sometimes has contributed to confusion.
    Each rule in the FARR includes a section describing the purpose of 
the rule. The EPA is revising the statements of purpose in some of the 
rules to make them consistent. The EPA has also made an administrative 
change in subpart M in the FIP for the Spokane Reservation. The EPA has 
added to subpart M language that is currently in 40 CFR part 52, 
subpart WW (Washington State Implementation Plan), making clear that 
the Spokane Indian Reservation is designated as a Class I area for the 
purposes of preventing significant deterioration of air quality. This 
proposed rulemaking does not propose changes to this designation, but 
instead simply adds the reference to the designation in the FIP for the 
Spokane Reservation because this designation affects new source review 
permitting on and near the Spokane Reservation.
    Section 49.123 General provisions. This section contains the 
definitions for specific terms used in the FARR, specifies the general 
requirements for testing, monitoring, recordkeeping and reporting, 
specifies requirements for performance tests, and identifies ASTM, 
International (ASTM) materials that are incorporated by reference in 
these rules.
    Definitions. The EPA is proposing to add, revise, or remove certain 
definitions in this section. The following new or revised terms are not 
discussed here but are discussed in the sections of this document that 
discuss the substantive revisions of the rules: the definition for 
Indian reservation is discussed in Section I.C. of this preamble and 
the definitions for Cooking fire, Large open burn or burning, Non-title 
V operating permit, Orchard heating device, Recreational fire, and 
Small open burn or burning are discussed in the relevant rule sections 
in Section II.A. of this preamble.
    New definitions. The EPA is proposing to add several new 
definitions to 40 CFR 49.123 to provide for a better understanding of 
the existing rule language and define applicable terms used in new 
sections of the FARR. The EPA proposes to add the definition Hog fuel 
or hogged fuel, which means wood chips or shavings, residue from 
sawmills, and other wood processing residue. This is intended as a 
clarification of the list of items included in the definition of wood, 
to carry out the EPA's original intent and to provide a more complete 
understanding of the items considered wood and derivatives of wood.
    To implement the authority in 40 CFR 49.129(d) authorizing the EPA 
to make certain changes to testing, monitoring, recordkeeping and 
reporting requirements under the FARR, the EPA is cross-referencing the 
definitions of Intermediate change to monitoring, Major change to 
monitoring, Minor change to monitoring, Minor change to recordkeeping/
reporting, and Minor change to test method in 40 CFR 63.90, which are 
used for similar purposes.
    With the addition of 40 CFR 49.140 Rule for residential wood 
burning devices and 40 CFR 49.141 Rule for curtailment of residential 
wood burning devices for specific areas, the EPA is also introducing a 
new definition for Residential wood burning devices. This definition, 
for purposes of the FARR, means any wood burning device that supplies 
heat to a single-family residence or is installed in an individual unit 
of a multiple unit structure such as a condominium, apartment, duplex, 
multiplex, hotel, motel, or resort. This includes but is not limited 
to, wood stoves, fireplaces, fireplace inserts, residential wood 
heaters, residential hydronic heaters, residential forced air furnaces, 
and residential central heaters. The EPA also added definitions for 
Residential wood heater, Residential central heater, Residential forced 
air furnace, and Residential hydronic heater by cross-referencing the 
definitions of these same terms in 40 CFR 60.531 and 60.5473 of the EPA 
New Source Performance Standards for New Residential Wood Heaters and 
New Residential Hydronic Heaters and Forced-Air Furnaces as amended (40 
CFR part 60, subpart AAA and 40 CFR part 60, subpart QQQQ).
    Revised definitions. In addition to adding new definitions, the EPA 
is also revising several definitions to provide clarification for 
better understanding and ease of implementation. The EPA is proposing 
to revise the definition for Agricultural activities to include 
specific examples of activities that are not considered agricultural 
activities (e.g., hop drying in kilns and distillation of mint oil). As 
the EPA has previously advised the regulated community, the act of 
distilling mint or drying hops is not considered an agricultural 
activity under the FARR, and the proposed revisions help clarify this 
point.\3\ In addition, to eliminate confusion about whether fugitive 
emissions from tilled land are or are not regulated, the EPA is 
proposing to remove the reference to tilled land as an example of 
fugitive dust in the Fugitive dust definition. Although EPA considers 
the tilling of land to generate fugitive dust, ``agricultural 
activities,'' which includes the tilling of land, are expressly exempt 
from 40 CFR 49.126 Rule for limiting fugitive particulate matter 
emissions. The EPA is revising the definition of Grate cleaning by 
clarifying that, in addition to allowing for the removal of ash from 
fireboxes, grate cleaning also allows for the removal of other non-
combustibles (e.g., rocks) from the firebox. Finally, the EPA is 
revising the definition of forestry and silvicultural burns by 
clarifying that the term includes prescribed fire, as that term is 
defined in 40 CFR 50.1(m).
---------------------------------------------------------------------------

    \3\ See letter from EPA Region 10 to the Administrator of the 
Washington Hops Commission, regarding ``Exemption for ``Agricultural 
Activities'' under the Federal Air Rules for Reservations (FARR),'' 
date February 2, 2007; letter from EPA Region 10 to the Executive 
Director of the Washington Mint Commission, regarding ``Exemption 
for ``Agricultural Activities'' under the Federal Air Rules for 
Reservations (FARR),'' date February 5, 2007.
---------------------------------------------------------------------------

    Deleted definitions. The EPA is proposing to remove the definitions 
of Garbage and Refuse because they are no longer used to define what 
type of open burning is prohibited in 40 CFR 49.131. As discussed in 
this section, we are proposing to restructure 40 CFR 49.131 General 
rule for open burning by removing the list of what cannot be burned and 
instead providing a list of what is allowed to be burned. We are also 
proposing to remove the definition of Smudge pot because smudge pots 
are no longer directly referred to in the FARR. Instead, in 40 CFR 
49.123 the newly proposed definition Orchard heating device or orchard 
heater includes smudge pots as an example of a type of orchard heating 
device.
    Testing, monitoring, recordkeeping, and reporting. During the 
course of implementing the FARR, questions arose regarding whether 
Region 10 could approve alternatives or exceptions to the requirements 
for testing, monitoring, recordkeeping, or reporting that are specified 
in the FARR. Unlike some EPA rules under the CAA (e.g., 40 CFR part 60, 
40 CFR part 63), the FARR as originally enacted in 2005 did not include 
the authority or procedures for

[[Page 61876]]

requesting or approving alternatives, exceptions, waivers, and similar 
actions for testing, monitoring, recordkeeping, and reporting required 
by the FARR.
    Region 10 is proposing to add such authority and procedures to 40 
CFR 49.123 General Provisions. These new provisions would provide 
Region 10 with authorities similar to those found in 40 CFR parts 60 
and 63. Specifically, the EPA proposes adding provisions to allow the 
approval of the use of a test method with minor changes in methodology, 
the approval of shorter sampling times or smaller sample volumes when 
necessitated by process variables or other factors, and the waiver of 
the requirement for source tests because the owner or operator of an 
affected source has demonstrated by other means to the Regional 
Administrator's satisfaction that the affected source is in compliance 
with the relevant standard. In addition, the EPA proposes adding 
authority to approve minor changes in methodology for the specified 
monitoring requirements and procedures, as well as intermediate or 
major changes or alternatives to any monitoring requirements or 
procedures. Lastly, the EPA proposes adding authority to approve minor 
changes to recordkeeping or reporting for the specified requirements 
and procedures, as well as to waive recordkeeping or reporting 
requirements upon written application to the Regional Administrator if, 
in the Regional Administrator's judgment, the affected source is 
achieving the relevant standard(s). A waiver of any recordkeeping or 
reporting requirement granted under this provision may be conditioned 
on other recordkeeping or reporting requirements deemed necessary by 
the Regional Administrator.
    Performance tests. The EPA is also proposing to add general 
provisions that specify requirements for performance tests that apply 
where the applicable standard or test method does not include such 
requirements. These requirements specify, for example, the number of 
valid test runs for a performance test and are consistent with the 
requirements EPA includes in permits and regulations where performance 
testing is required.
    ASTM standards. In 40 CFR 49.123(g), the EPA is proposing to update 
the ASTM standards that are used in and incorporated by reference in 
the FARR to reflect the most current version of the standards. See 
Section IV. of this preamble for further discussion of these revisions.
    Section 49.124 Rule for limiting visible emissions. This section 
limits the visible emissions of air pollutants from certain air 
pollution sources to control emissions of particulate matter. The EPA 
proposes to revise this section in several respects. First, the EPA is 
clarifying that the rule limiting visible emissions does not apply to 
activities associated with single-family residences or residential 
buildings with four or fewer dwelling units. Although the current rule 
exempts furnaces and boilers used to heat single family residences and 
residential buildings with four or fewer dwelling units, the EPA never 
intended to regulate other emissions associated with residential 
activities, such as home workshops. The EPA is also clarifying that the 
rule does not apply to any particulate matter emissions from public 
roads and not just to fugitive dust from public roads. The EPA did not 
intend to regulate any emissions from public roads under the FARR. The 
current rule unintentionally limits the exemption to only fugitive 
dust. However, there are other emissions that come from roads that do 
not come from the tailpipe of a motor vehicle or nonroad vehicle, such 
as emissions associated with the application of dust suppressants. This 
change clarifies that all particulate emissions from public roads, not 
only fugitive dust, are exempt from the visible emission limit.
    Second, the EPA is proposing to narrow the exemption for 
agricultural activities so that orchard heating devices are no longer 
exempt from the visible emissions limit. An orchard heating device is 
defined as a fuel burning device capable of being used for frost-
prevention or protection in orchards, vineyards, field crops, or truck 
crops, and includes smudge pots and open-pot heaters. The diesel fuel 
sometimes used in these devices produces the thick heavy smoke that 
some believe prevents frost damage. Orchard heating devices are 
typically used in the spring when plants are budding and an atmospheric 
inversion traps cold air at the surface. The inversion also traps air 
pollutants, such as the thick smoke generated by some types of orchard 
heating devices, and can result in unhealthy levels of air pollution. 
Under the visible emissions rule currently in effect, orchard heating 
devices are covered by the exemption for agricultural activities 
because such devices are used as part of the usual and customary 
activities in growing crops. The EPA's ongoing evaluation of the FARR 
and input from Tribes on reservations where orchard heating devices are 
used identified concerns with air pollution from these unregulated 
sources of particulate matter.
    This proposed revision would therefore require that visible 
emissions from orchard heating devices not exceed 20% opacity, averaged 
over any consecutive 6-minute period, and would apply to any person who 
owns or operates an orchard heating device. We expect that there are 
categories of orchard heating devices that will not be capable of 
complying with the 20% opacity standard and this action, if finalized, 
would therefore effectively prohibit the continued use of such devices. 
Since the FARR was promulgated in 2005, however, cleaner and more 
effective methods of orchard heating have become more readily 
available. Newer alternatives such as propane-powered fans and propane 
heaters are becoming accepted and reliable alternate methods of orchard 
heating. These cleaner devices are capable of complying with the 
visible emission limit and, as such, will help minimize air pollution 
in areas that are already dealing with high levels of PM2.5 
and PM10. Other State and local air agencies have similar 
provisions.
    To ensure current users of orchard heating devices that cannot 
comply with the visible emission standard have adequate time to find 
alternatives to the use of such devices, the proposed provision of 40 
CFR 49.124 requiring that visible emissions from an orchard heating 
device not exceed 20% opacity would not go into effect until 3 years 
after this revision is finalized and becomes effective. Furthermore, to 
ensure that this new requirement does not cause an unreasonable burden 
on any person, the rule includes a provision that would allow the 
Regional Administrator to grant a two-year extension (with no limit on 
the number of extensions) provided that the person demonstrates that 
there is no alternative that is reasonably available that can comply 
with the 20% opacity limit. In the interim, the EPA intends to work 
with Tribal air programs to provide outreach to orchards affected by 
this rule and identify sources of funding that may help lower the costs 
for alternate methods of orchard heating.
    Section 49.125 Rule for limiting emissions of particulate matter. 
The purpose of this section is to reduce particulate matter by setting 
emission limits for certain air pollution sources that operate within 
an Indian reservation. The EPA is proposing language to clarify that 
this rule only applies to emissions from a stack as defined in 40 CFR 
49.123. The EPA is

[[Page 61877]]

also proposing to revise the list of sources specifically exempt from 
this rule in several respects. As with the limitation on visible 
emissions discussed in 40 CFR 49.124, the EPA never intended to 
regulate residential activities, such as home workshops under this 
section. We are therefore proposing to add an exemption for activities 
associated with single-family residences or residential buildings with 
four or fewer dwelling units. Second, with the clarification that this 
rule only applies to particulate matter emissions from a stack, the EPA 
has deleted open burning from the list of exempt sources, because an 
open burn, by definition, does not have a ``stack.'' Third, with the 
clarification that this rule only applies to particulate matter 
emissions from a stack, the EPA is adding orchard heating devices to 
the list of exempt sources. Unlike the Rule for Limiting Visible 
Emissions (40 CFR 49.124), this rule does not exempt agricultural 
activities. By its terms, this section applies only to stationary 
sources with stacks. (see 40 CFR 49.125(d)(1), (2), and (3)). Most 
agricultural activities, as defined in the FARR, are not subject to the 
numeric particulate matter emission limits because such activities do 
not have ``stacks'' that emit air pollution. However, some orchard 
heating devices, although within the definition of agricultural 
activities, do have short ``stacks.'' The EPA is therefore adding 
orchard heating devices to the list of exemptions so that orchard 
heating devices will continue to be exempt from the numeric particulate 
matter emission limits and other requirements of this section. Given 
that orchard heating devices are relatively small in comparison to many 
other stationary sources with stacks, are portable, are used only 
seasonally, and that conducting source testing using the reference test 
methods in this section on orchard heating devices could be 
challenging, the EPA believes that limiting particulate matter 
emissions from orchard heating devices with a limitation on visible 
emissions under 40 CFR 49.124, rather than a limit on particulate 
matter emissions, is appropriate.
    In addition to proposing to add these two exemptions to the 
applicability of this section, the EPA is updating the reference method 
for determining compliance to explicitly provide that EPA Methods 1 
through 4, as appropriate, must be used to calculate the volumetric 
flow, oxygen content, and moisture content of the samples in 
conjunction with EPA Method 5. Although EPA Method 5 specifies when the 
use of EPA Methods 1 through 4 are required, the EPA is making the 
reference explicit in this section for ease of use. A complete 
description of the test methods discussed in this paragraph can be 
found in appendix A to 40 CFR part 60.
    Finally, the EPA is proposing to correct an inadvertent error in 
the particulate matter emission limits that resulted from failure to 
use the same number of significant figures for the grams per dry 
standard cubic meter (g/dscm) limits and the grains per dry standard 
cubic feet (gr/dscf) limits. The g/dscm limits had two significant 
figures whereas the gr/dscf limits only had only one significant 
figure, which resulted in the limits being slightly different in 
stringency. EPA is proposing to correct this error by adding a second 
significant figure to the gr/dscf limits.
    Section 49.126 Rule for limiting fugitive particulate matter 
emissions. This section limits fugitive particulate matter emissions by 
requiring reasonable precautions to prevent such emissions. Under the 
current language of the fugitive particulate matter emissions rule, it 
is unclear when portable sources, such as portable rock crushers and 
asphalt plants, are required to conduct their fugitive particulate 
emission surveys and prepare and update their written plans to prevent 
fugitive particulate matter emissions. Therefore, the EPA is proposing 
revisions that specify when the surveys and plans are required to be 
conducted and submitted for portable sources in a manner that is 
consistent with the temporary and transient nature of portable sources. 
For example, the EPA is proposing to specifically require portable 
sources to conduct a survey within 7 days after beginning operation at 
a new location and to conduct an annual survey thereafter to identify 
sources of fugitive particulate matter emissions. Additionally, for 
portable sources, the written plan specifying the reasonable 
precautions and procedures to prevent fugitive particulate matter 
emissions is required prior to beginning operation at a new location 
and must be updated within 7 days of a completed survey. The EPA is 
also clarifying that, for all other sources, the written plan to 
prevent fugitive emissions must be prepared within 30 days after 
completing the required survey. All plans for subject sources must be 
reviewed and updated by the owner or operator at least annually after 
each survey and more frequently if warranted due to changes.
    The EPA is also proposing to add language to clarify that the 
written plan must be implemented as soon as practicable. The current 
rule requires a source to implement its written plan, including 
installing any control measures that were identified as reasonable 
precautions, but does not include language regarding when the plan 
needs to be implemented.
    In addition, if the facility is required to be registered under 40 
CFR 49.138, the EPA is proposing to require that a copy of the most 
recent fugitive particulate matter survey and current fugitive 
particulate matter plan be submitted with the annual registration. 
Under the proposed revisions, a new source or new operation will be 
required to submit a copy of the fugitive particulate matter survey and 
plan to the EPA within 90 days of beginning operation. The proposed 
revisions also provide that sources must maintain a copy of the survey 
and plan on site.
    Lastly, the EPA is proposing to establish that a revision to the 
plan may be required if the EPA determines that the plan is not 
adequate to prevent or minimize fugitive particulate matter emissions. 
All of the proposed revisions are designed to enhance compliance and 
enforceability of the rule.
    Section 49.127 Rule for woodwaste burners. This section phases out 
the operation of woodwaste burners, and in the interim limits the 
visible emissions from woodwaste burners. There are no proposed changes 
to this section except for the revisions with respect to the 
applicability date discussed here and non-substantive and other 
administrative changes discussed elsewhere in this preamble. This 
section continues to only apply on the Colville Reservation and on the 
Nez Perce Reservation, as shown in Table 2 in section B of this 
preamble. The effective date of this section for any lands held in 
trust for the Colville or Nez Perce Tribes that have not been formally 
designated as a reservation, will be the effective date of the final 
rule and, as such, any woodwaste burners that are located on such lands 
will be required to be dismantled within 2 years from the effective 
date of the final rule.
    Section 49.128 Rule for limiting particulate matter emissions from 
wood products industry sources. The purpose of this section is to limit 
the condensible particulate matter from high temperature processes at 
wood products facilities that would not be captured by the test method 
required for demonstrating compliance with the particulate matter 
emission limits in 40 CFR 49.125. This section only applies to emission 
units at wood products facilities that emit at high temperatures. 
Currently 40 CFR 49.128 specifies that

[[Page 61878]]

the reference method for determining compliance with the 
PM10 limits is EPA Method 202 in conjunction with EPA Method 
201A. These methods are found in appendix M of 40 CFR part 51.
    The EPA is proposing to update the reference method for determining 
compliance. The EPA is clarifying that EPA Methods 1 through 2H, as 
appropriate, must be used to calculate the volumetric flow of the 
samples in conjunction with EPA Methods 202 and 201A. A complete 
description of these additional test methods can be found in appendix A 
to 40 CFR part 60.
    This section continues to apply on the Colville Reservation and the 
Nez Perce Reservation, as shown in Table 2 in Section B of this 
preamble. The EPA is also proposing that 40 CFR 49.128 be applied on 
the Coeur D'Alene Reservation because the operations of a wood products 
facility located on the Coeur D'Alene Reservation may contribute to 
elevated levels of particulate matter.
    Section 49.129 Rule for limiting emissions of sulfur dioxide. This 
section limits the amount of sulfur dioxide (SO2) that may 
be emitted from air pollution sources operating within an Indian 
reservation. The EPA is proposing to clarify that this rule only 
applies to emissions from a stack.
    As under 40 CFR 49.125 and for the same reasons, we are also 
proposing to clarify that orchard heating devices are exempt from this 
section.
    The EPA is also proposing to update the reference methods for 
determining compliance with the SO2 emission limits 
established in the current rule. The EPA is clarifying that EPA Methods 
1 through 4, as appropriate, must be used to calculate the volume, 
oxygen content and moisture content of the sample in conjunction with 
EPA Methods 6, 6A, 6B and 6C. A complete description of these 
additional test methods can be found in appendix A to 40 CFR part 60.
    Section 49.130 Rule for limiting sulfur in fuels. This section 
limits the amount of sulfur contained in fuels that are burned at 
stationary sources operating within an Indian reservation to control 
emissions of SO2. The EPA is proposing to update the 
reference methods used to determine compliance with the sulfur emission 
limits for fuel. We are updating the reference methods in paragraph (e) 
of this section to incorporate into this rule the most recent versions 
of the ASTM methods for determining the amount of sulfur in fuel oil or 
liquid fuels, coal, solid fuels, and gaseous fuels.
    In addition, the EPA proposes to revise the sulfur limit for 
gaseous fuels by deleting the 1.1 grams per dry standard cubic meter 
(dscm) limit and retaining only the 400 parts per million (ppm) limit. 
The current rule establishes a limit for sulfur in gaseous fuels in two 
different sets of units (grams/dscm and ppm) that were intended to be 
equivalent in stringency. However, because the proper number of 
significant figures for the grams/dscm limit were not included when the 
FARR was promulgated, the two are not equivalent. This resulted in 
confusion as to whether sources had to comply with both limits, the 
more stringent limit, or a limit of their choice. The proposed 
revisions correct this error and make this standard consistent with the 
EPA's intent in promulgating this emission standard in 2005.
    Finally, the EPA is proposing to remove the language in 40 CFR 
49.130(f)(1)(iii) that provided sources burning coal or solid fuels the 
opportunity to request a waiver of the monitoring requirement or 
request an alternative sampling program because generally applicable 
language for requesting alternatives and waivers is now included in 40 
CFR 49.123 General Provisions.
    ASTM standards. In 40 CFR 49.130(g), the EPA is proposing to update 
the ASTM standards that are used in and incorporated by reference in 
the FARR to reflect the most current version of the standards. See 
Section IV. of this preamble for further discussion of these revisions.
    Section 49.131 General rule for open burning. This section phases 
out the operation of woodwaste burners, and in the interim limits the 
visible emissions from woodwaste burners. There are no proposed changes 
to this section except for the revisions with respect to the 
applicability date discussed here and non-substantive and other 
administrative changes discussed elsewhere in this preamble. This 
section continues to only apply on the Colville Reservation and on the 
Nez Perce Reservation, as shown in Table 2 in section B of this 
preamble. The effective date of this section for any lands held in 
trust for the Colville or Nez Perce Tribes that have not been formally 
designated as a reservation, will be the effective date of the final 
rule and, as such, any woodwaste burners that are located on such lands 
will be required to be dismantled within 2 years from the effective 
date of the final rule, as well as in the following burn permit 
sections.\4\
---------------------------------------------------------------------------

    \4\ The EPA also notes that nothing in the FARR or the proposed 
revisions restricts the exclusion of air quality monitoring data 
influenced by exceptional events as provided in 40 CFR 50.14.
---------------------------------------------------------------------------

    Section 49.132 Rule for large open burning permits. The FARR 
promulgated in 2005 had a General rule for opening burning (discussed 
in 40 CFR 49.131), which specified conditions under which open burning 
could be conducted but did not require prior approval. The FARR also 
had a rule setting forth a program for permitting, or granting prior 
approval of, general open burns. This rule was designed only for Indian 
reservations where the EPA, in coordination and consultation with the 
relevant Tribe, determined that a general open burning permitting 
program was necessary or appropriate, and was generally expected to 
include a delegation of authority from the EPA to the Tribe, under 40 
CFR 49.122 for implementation of the general open burning permit 
program (67 FR 11748, 11751, March 15, 2022). This general open burning 
permit rule was promulgated to apply on the Nez Perce Reservation and 
the Umatilla Indian Reservation. These Tribes have been implementing 
the rule for general open burning permits on their respective Indian 
reservations under a delegation with the EPA for more than 15 years.
    The EPA is proposing to revise the rule for permitting general open 
burns by replacing it with three rules for different types of open 
burns and different types of open burning approval processes: 40 CFR 
49.132 Rule for large open burning permits, 40 CFR 49.142 Rule for 
small open burning annual permits and 40 CFR 49.143 Permit by rule for 
small open burns. The EPA is proposing these different open burning 
permit options based on input from these Tribes, other Tribes that have 
expressed interest in seeking delegation of permitting general open 
burning on their Indian reservations, and the EPA's experience in 
working with the delegated Tribes in implementing this rule. The EPA 
has concluded that options that distinguish between large and small 
open burns and, for small open burns, allow for an annual permit or 
coverage under a permit by-rule better allow for the scaling of 
requirements to the potential air pollution impact of open burns and 
the resources of implementing agencies.
    Only materials that may be burned under 40 CFR 49.131 General rule 
for open burning may be burned in a permitted large or small open burn. 
As under 40 CFR 49.131, compliance with the permitting requirements 
rests with the person who is conducting the burn as well as the owner 
and lessee, if any, of the property on which the burn is

[[Page 61879]]

conducted to ensure parties that may be responsible for burning 
decisions on a given property are responsible for complying with the 
burn permitting rules, where applicable.
    The proposed ``large open burning'' permit rule is very similar to 
the current general open burning permit rule in 40 CFR 49.132. The 
proposed revisions define a ``large open burn'' or ``large open 
burning'' as the open burning of a single pile of the specified 
materials greater than 10 feet in diameter or more than 60 feet of 
ditch bank or fence line vegetation. These are the criteria that have 
been used by the EPA and delegated Tribal authorities that have been 
implementing the general open burning permit program under the FARR to 
distinguish between large and small open burns.
    As revised, this section would require that persons subject to the 
rule must (1) have a permit for large open burning; (2) have approval 
to burn on the day(s) of the burn(s); (3) ensure that the person 
conducting the burn is familiar with the requirements of the permit; 
(4) ensure that the permit is available on-site during the open burn; 
(5) conduct the open burn in accordance with the terms and conditions 
of the permit; and 6) comply with the General rule for open burning (40 
CFR 49.131) or the EPA-approved Tribal open burning rules in a TIP. To 
ensure consistency with the use of forms under rules of the Office of 
Management and Budget, the revisions clarify that the application must 
be submitted on forms approved by the EPA. The revisions add a 
requirement that applications for large open burns include a 
description of the burning method or methods to be used, the amount of 
material to be burned with each method, and the means of ignition.
    The proposed revisions clarify the process for getting approval to 
burn on the requested days under the permit. The revisions specify that 
the person conducting the large open burn must request approval for the 
burn at least one day before the burn in the manner specified in the 
permit. As under the current open burning permit rule, in determining 
whether to authorize a large open burn for a particular day or days, 
the Regional Administrator or delegated Tribal authority 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; 
other scheduled burning activities in the surrounding area; and other 
factors indicating whether or not the proposed open burn can be 
conducted without causing or contributing to an exceedance of a 
national ambient air quality standard. When relevant, the Regional 
Administrator or delegated Tribal authority will also consider whether 
or not the proposed open burn can be conducted without causing or 
contributing to any other adverse impact on air quality. These other 
adverse impacts on air quality would be specific to the particular 
burn, such as the type of burn and its location, the local meteorology, 
and the areas expected to be impacted by the smoke. The EPA proposes to 
add a provision allowing the Regional Administrator or delegated Tribal 
authority to revoke the approval to burn based on changes in these air 
quality considerations. In such cases, the permittee would be required, 
after being contacted about the revocation, to immediately extinguish 
the fire if safe to do so, discontinue lighting the fire, and withhold 
additional material such that the fire burns down, as applicable.
    The exemptions to the requirement to obtain a large open burning 
permit are generally the same as the exemptions in the General rule for 
open burning (40 CFR 49.131) with a few exceptions. Recreational fires 
meeting the definition of ``large open burn'' are exempt from 
permitting. In addition, agricultural burns and forestry and 
silvicultural burns are exempt from the Rule for large open burning 
permits (40 CFR 49.132).
    The large open burning permit rule will continue to apply on the 
Nez Perce Reservation and the Umatilla Indian Reservation, as shown in 
Table 2 in Section B of this preamble. The EPA is also proposing that 
40 CFR 49.132 be newly applied on the Yakama Reservation, as shown in 
Table 2 of this preamble. The EPA anticipates that the Nez Perce Tribe 
and the Umatilla Indian Tribe will update their EPA delegation to 
implement this revised rule on their respective reservations. The EPA 
also anticipates that the Confederated Tribes and Bands of the Yakama 
Nation will seek EPA delegation to implement this revised rule on their 
reservation.
    Section 49.142 Rule for small open burning annual permits. The EPA 
is also proposing to establish a permitting program option requiring an 
annual permit for ``small open burning'' within an Indian reservation. 
The proposed revisions define a ``small open burn'' or ``small open 
burning'' as the open burning of a single pile of the specified 
materials that is 10 feet or less in diameter or 60 feet or less of 
ditch bank or fence line vegetation. These are the criteria that have 
been used by the EPA and delegated Tribal authorities that have been 
implementing the general open burning permit program under the FARR to 
distinguish between large and small open burns.
    This proposed new rulemaking would require the owner or lessee of 
property on an Indian reservation where this section applies and on 
which small open burns will be conducted to apply for and obtain an 
annual permit for open burning. To ensure consistency with the use of 
forms under rules of the Office of Management and Budget, the proposed 
rulemaking specifies that the application must be submitted on forms 
approved by the EPA. The obligations to comply with the permit and 
other requirements of this section would extend to any owner and lessee 
of the property and any person conducting a small open burn on the 
property. The permit would cover all small open burns conducted at a 
given property for the calendar year in which it is issued, without the 
need to apply for and obtain a burn permit for each individual small 
open burn. Should the owner or lessee of the property covered by the 
annual permit change within the year, a new application and permit 
would be required.
    To conduct a small open burn under this permit on any particular 
day, persons subject to this section must (1) ensure that the person 
conducting the burn is familiar with the requirements of the permit; 
(2) ensure that the permit is available on-site during the open burn; 
(3) conduct the open burn in accordance with the terms and conditions 
of the permit; (4) comply with the General rule for open burning (40 
CFR 49.131) or the EPA-approved Tribal open burning rules in a TIP; and 
(5) prior to igniting a burn, check whether burning is allowed for the 
area on that day and complete the burning within the designated time 
period. The proposed exemptions are generally the same as for large 
open burning permits.
    To determine if burning is allowed under an annual permit on any 
given day, the Regional Administrator or delegated Tribal authority 
will identify and publicize each day as a ``burn day'' or a ``no burn 
day'' and, for a burn day, specify the hours and the geographic area 
for which burning is allowed. When deciding whether to call a burn day, 
the Regional Administrator or delegated Tribal authority will take into 
consideration relevant factors, including but not limited to, the 
current and projected air quality conditions, the forecasted 
meteorological conditions, other scheduled burning activities in the 
surrounding area and other factors indicating whether or not open 
burning can be conducted without causing or contributing to an 
exceedance of a national ambient air quality standard.

[[Page 61880]]

When relevant, the Regional Administrator or delegated Tribal authority 
will also consider whether open burning can be conducted without 
causing or contributing to any other adverse impact on air quality.
    A permit issued under this section expires at the end of the 
calendar year unless it is revoked prior to that time based on a 
written notice to the permit holder finding that the permit must be 
revoked or revised to ensure compliance with this section, 40 CFR 
49.131 General rule for open burning or the applicable EPA-approved 
Tribal open burning rule, or to protect the public health and welfare.
    This option for a single permit for all small open burns conducted 
on a specific property within a calendar year greatly reduces the 
burden on individuals who would otherwise need to apply for a permit 
multiple times when conducting more than one burn during the calendar 
year. Permit issuance once per year also reduces the workload for the 
EPA and delegated Tribal air programs, and in turn allows for burn 
approvals to be processed more quickly, benefiting all parties 
involved.
    In coordination and consultation with the affected Tribes, the EPA 
is proposing that 40 CFR 49.142 apply on the Umatilla Indian 
Reservation, as shown in Table 2 in Section B of this preamble. This 
is, in essence is a continuation of the burn permit program that the 
Umatilla Indian Tribe has been implementing on its Reservation under a 
delegation with the EPA for many years. The EPA is also proposing that 
40 CFR 49.142 apply on the Yakama Reservation, as shown in Table 2 of 
this preamble. As with the Rule for large open burning permits (40 CFR 
49.132), the EPA anticipates that these Tribes will either update their 
EPA delegation or seek EPA delegation to implement this new section on 
their reservation.
    Section 49.143 Permit by rule for small open burns. The EPA is also 
proposing another option for small open burns: a permit by rule that 
would apply within a specific Indian reservation. Like 40 CFR 49.142 
Rule for small open burning annual permits, the obligation to submit an 
application (referred to in this section as a ``request for coverage'') 
applies to the owner or lessee of the property on which the burning 
will be conducted, but other compliance obligations extend to any 
person conducting a small open burn on an Indian Reservation where this 
section applies, as well as to the owner or lessee of the subject 
property. The proposed exemptions under both rules are also the same.
    In contrast to the Rule for small open burning annual permits (40 
CFR 49.142), this section would require the owner or lessee of the 
property on which small open burning will be conducted to submit a one-
time request for approval to burn. This ``approval of coverage'' under 
this permit by rule would remain valid for the property until the owner 
or lessee changes, at which time a new request for approval of coverage 
would be required. Another key difference from the rule for annual 
permits for small open burns is that the approval under this permit by 
rule would be immediately effective, with no explicit approval required 
by the implementing agency. Note, however, that a request for approval 
of coverage may be denied if it is not consistent with the requirements 
of this section, 40 CFR 49.131 General rule for open burning or the 
applicable EPA-approved Tribal open burning rule. In addition, prior to 
conducting a burn on a given day, a person subject to this section must 
confirm that the day is a ``burn day,'' as further explained in the 
following paragraphs.
    The owner or lessee of the property on which small open burns will 
be conducted under this permit by rule must apply for approval of 
coverage. To conduct a small open burn, persons subject to this section 
must (1) ensure that the person conducting the burn is familiar with 
the requirements of the approval of coverage; (2) ensure that the 
approval of coverage is available on-site during the open burn; (3) 
conduct the open burn in accordance with the approval of coverage; (4) 
comply with the General rule for open burning (40 CFR 49.131) or the 
EPA-approved Tribal open burning rules in a TIP; and (5) prior to 
igniting a burn, check whether burning is allowed for the area on that 
day and complete the burning within the designated time period.
    As under the Rule for small open burning annual permits (40 CFR 
49.142), to determine if burning is allowed on any given day, the 
Regional Administrator or delegated Tribal authority will identify and 
publicize each day as a ``burn day'' or a ``no burn day'' and for a 
burn day, specify the hours and the geographic area for which burning 
is allowed. When deciding whether to call a burn day, the Regional 
Administrator or delegated Tribal authority will take into 
consideration relevant factors including, but not limited to, the 
current and projected air quality conditions, the forecasted 
meteorological conditions, other scheduled burning activities in the 
surrounding area and other factors indicating whether or not open 
burning can be conducted without causing or contributing to an 
exceedance of a national ambient air quality standard. When relevant, 
the Regional Administrator or delegated Tribal authority will also 
consider whether open burning can be conducted without causing any 
other adverse impact on air quality.
    This proposed rulemaking is also expected to reduce the burden on 
individuals of filling out multiple burn applications when conducting 
more than one burn during the period of property ownership, as well as 
the burden on the EPA and the delegated Tribe in implementing the 
permit program. The reduction in burden would be expected to be even 
greater than under the Rule for small open burning annual permits (40 
CFR 49.142) because the application process is a one-time action and no 
action by the implementing agency is required to make the approval of 
coverage under the permit by rule effective as to a specified property.
    In coordination and consultation with the affected Tribe, the EPA 
is proposing that 40 CFR 49.143 apply on the Nez Perce Reservation, as 
shown in Table 2 in Section B of this preamble. As with the other burn 
permit rules, the EPA anticipates that the Nez Perce Tribe will update 
their EPA delegation to implement this burn permit program on its 
reservation.
    Section 49.133 Rule for agricultural burning permits. This section 
establishes a permitting program for agricultural burning within an 
Indian reservation. As with the previous open burning permit rules, the 
EPA is proposing to expand the applicability of this section to apply 
to lessees of land on which agricultural burning is conducted to ensure 
parties that may be responsible for burning decisions on a given 
property are responsible for complying with the requirements of this 
section. To ensure consistency with the use of forms under rules of the 
Office of Management and Budget, the revisions clarify that the 
application must be submitted on forms approved by EPA. The EPA is 
clarifying the air quality criteria considered in determining whether a 
burn permit will be issued consistent with the same criteria in 40 CFR 
49.132 Rule for large open burning permits. Consistent with the other 
burn permit rules, the revisions provide that an application must be 
submitted at least 1 day prior to the proposed burn. The EPA is also 
clarifying that the permit authorizes burning only for the date(s) and 
time(s) specified in the permit, the procedures for obtaining approval 
to burn under the permit, and

[[Page 61881]]

that the permit may include other necessary provisions to ensure 
compliance with 40 CFR 49.131 General rule for open burning or the EPA-
approved applicable Tribal open burning rule, as well as to protect 
health and welfare.
    This section continues to apply on the Nez Perce Reservation and 
the Umatilla Indian Reservation, as shown in Table 2 in Section B of 
this preamble. The EPA is also proposing that 40 CFR 49.133 be newly 
applied on the Yakama Reservation, as shown in Table 2 of this 
preamble. The EPA anticipates that the Nez Perce Tribe and the Umatilla 
Indian Tribe will update their EPA delegations to implement this 
revised section on their Indian reservations. The EPA also anticipates 
that the Confederated Tribes and Bands of the Yakama Nation will seek 
EPA delegation to implement this revised section on their reservation.
    Section 49.134 Rule for forestry and silvicultural burning permits. 
This section establishes a permitting program for forestry and 
silvicultural burning within an Indian reservation. The EPA is 
proposing the same revisions to this section as to the Rule for 
agricultural burning permits (40 CFR 49.133).
    As discussed in section D. of this preamble, Relationship between 
Part 49, Subpart C and Subpart M, this rulemaking does not apply on all 
reservations, as does the General Rule for Open Burning (40 CFR 
49.131), but instead applies on those reservations where it was 
determined that a permitting program, in addition to the General Rule 
for Open Burning (40 CFR 49.131), is appropriate to better assure that 
emissions from forestry and silvicultural burning do not cause or 
contribute to a violation of the NAAQS. Importantly, although this rule 
requires, where it applies, permits for prescribed fires as that term 
is defined in the rule for ``Treatment of Air Quality Monitoring Data 
Influenced by Exceptional Events'' (40 CFR 50.14), 40 CFR 49.134 is not 
a smoke management program, nor does it require burn managers to employ 
basic smoke management practices as listed in Table 1 to 40 CFR 50.14. 
However, as previously noted, nothing in the FARR or the proposed 
revisions restricts the exclusion of air quality monitoring data 
influenced by prescribed fires that meet the criteria set forth in 40 
CFR 50.14(b)(3).
    This section continues to apply on the Nez Perce Reservation and 
the Umatilla Indian Reservation, as shown in Table 2 in Section B of 
this preamble. As with the Rule for agricultural burning permits (40 
CFR 49.133), the EPA anticipates that these Tribes will update their 
EPA delegation to implement this revised section on their Indian 
reservations.
    Section 49.135 Rule for emissions detrimental to public health or 
welfare. Under this section, 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 (1) causes or 
contributes to a violation of any NAAQS, or (2) is presenting an 
imminent and substantial endangerment to public health or welfare, or 
the environment. This section provides the EPA with the authority to 
require the installation of air pollution controls or other measures in 
order to reduce emissions to protect the NAAQS or prevent imminent and 
substantial endangerment. The section currently allows the EPA to 
require such controls through either a permit to construct or a non-
Title V operating permit under 40 CFR 49.139. Since the FARR was 
enacted, the EPA has promulgated rules for permits to construct in 
Indian country (the Indian Country Minor NSR rules at 40 CFR 49.151 
through 49.164 and the Federal Major New Source Review Program for 
Nonattainment Areas in Indian Country at 40 CFR 49.166 through 49.173). 
Region 10 has determined that it is not appropriate to use permits to 
construct to implement 40 CFR 49.135 because the Indian Country Minor 
NSR rules apply only to projects at existing sources that increase 
emissions and do not include provisions for the permitting authority to 
require reductions in emissions when there is not a proposed 
modification to the existing source. Therefore, the EPA is proposing to 
remove permits to construct as an option for implementing this section. 
Requirements under this section would be established solely through 
issuance of a non-Title V operating permit under 40 CFR 49.139.
    This provision currently provides that nothing in the provision 
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. The EPA is proposing to revise the reference to 
``common law nuisance'' to ``nuisance under any other applicable law'' 
to ensure this provision includes applicable statutory and regulatory 
nuisance provisions as well as common law nuisance.
    Section 49.137 Rule for air pollution episodes. This section 
establishes procedures for preventing and addressing the excessive 
buildup of certain NAAQS pollutants within an Indian reservation to 
prevent the occurrence of an air pollution emergency. It establishes 
criteria for issuing air stagnation advisories. It also establishes air 
pollution action levels and the action level triggers (air quality 
levels) that are used for the declaration of an air pollution alert, 
air pollution warning, or air pollution emergency. The current air 
pollution action level triggers are based on 40 CFR part 51, appendix L 
(Example Regulations for Prevention of Air Pollution Emergency 
Episodes) and currently do not include action level triggers for 
PM2.5.
    We are proposing to revise the current action level triggers for 
the three action levels (air pollution alert, air pollution warning, 
and air pollution emergency) to align with the Air Quality Index (AQI) 
categories (unhealthy, very unhealthy, and hazardous) and the 
associated concentration thresholds. The AQI categories and 
concentration thresholds are found in Table 2 of 40 CFR part 58, 
appendix G, Uniform Air Quality Index and Daily Reporting. This 
revision will also add action level triggers for PM2.5. 
Based on input from Tribes, and after careful consideration, the EPA is 
proposing this approach for several reasons. First, if the NAAQS and 
corresponding AQI categories and concentrations are ever revised, the 
more generalized language would automatically be up to date. Second, 
the AQI is based on short term concentrations, which are more 
appropriate for action level triggers. Finally, the action level 
triggers will now better align with the health messaging associated 
with the AQI categories and concentrations, which are publicly 
available and widely used. The EPA is also clarifying that air 
pollution alerts, air pollution warnings, and air pollution emergencies 
can be declared under situations other than just periods of stagnant 
air such as high wind events associated with dust storms and wildfires. 
Finally, the EPA is proposing revisions to update the description of 
the methods the EPA will consider in order to announce an air 
stagnation advisory, an air pollution alert, an air pollution warning, 
or an air pollution emergency, such as posting the announcement to 
Region 10's social media, and to clarify the method for terminating a 
declaration.
    Section 49.138 Rule for the registration of air pollution sources 
and the reporting of emissions. Under the current rules, any person who 
owns or operates a 40 CFR part 71 source, a source subject to a 
standard under CAA sections 111 or 112, or any other air pollution 
source not expressly

[[Page 61882]]

exempted from this section is required to annually register the source 
with the EPA and report emissions. This section was intended to ensure 
a current and accurate record of the emissions from non-trivial air 
pollution sources operating within an Indian reservation is developed 
and maintained. Subject sources were required to register by February 
15, 2007, and ``new air pollution sources'' must register within 90 
days after beginning operation. A ``new air pollution source'' is 
currently defined as a source that begins actual construction after the 
effective date of the original rule (70 FR 18074, June 7, 2005). Any 
other source is considered an existing source.
    Shortly after the EPA began implementing 40 CFR 49.138, it became 
apparent that the rule was unintentionally overbroad. Because 40 CFR 
49.138 is structured such that the 2 ton per year emissions exemption 
applies only to ``any other air pollution source,'' the current 
language could be read to require very small sources subject to CAA 
section 111 or section 112 standards to register. For example, the 
current rule language could require wood stoves and small emergency 
generators subject to New Source Performance Standards under section 
111 to register. This section could also be read to require some 
sources subject to National Emission Standards for Hazardous Air 
Pollutants under CAA section 112 to register even though they would 
have no (or trivial) emissions of the air pollutants that are required 
to be reported under the registration rule.
    To address this unintended consequence, Region 10 issued an 
interpretative guidance document in 2005 to clarify the EPA's 
expectation that non-Title V sources that were subject to CAA section 
111 or 112 standards were required to register only if they had the 
potential to emit more than 2 tons per year of any of the listed air 
pollutants.\5\ In this rulemaking, Region 10 is proposing to revise 40 
CFR 49.138 to be consistent with this interpretation. We are proposing 
to remove the language that required sources subject to CAA section 111 
or 112 standards to register regardless of the level of emissions and 
are proposing to add language that any air pollutant source that has 
the potential to emit more than 2 tons of the listed air pollutants is 
required to register unless it is covered by one of the categorical 
exemptions. Because the 2 ton per year criterion would be an 
applicability provision, we are proposing to remove that criterion from 
the list of exemptions.
---------------------------------------------------------------------------

    \5\ ``Determining if Your Business Needs to Register with EPA as 
an Air Pollution Source,'' EPA Region 10 (October 5, 2005).
---------------------------------------------------------------------------

    In addition to this change, we are proposing revisions to the 
registration rule to be generally consistent with the applicability 
provisions of the Indian Country Minor NSR Rule (40 CFR 49.151 through 
49.164), which was promulgated after the FARR was promulgated in 2005 
and which applies to new and modified minor stationary sources and to 
minor modifications at existing major stationary sources where the 
increase in emissions is above specified thresholds. Currently, the 
FARR registration rule includes sources required to have40 CFR part 71 
operating permits in the list of sources required to register. Since 
the Indian Country Minor NSR Rule was promulgated after the 2005 
promulgation of the FARR, the EPA is proposing to revise the 
applicability criteria in 40 CFR 49.138 to include sources required to 
have a permit under the Indian Country Minor NSR Rule, as well as 
sources required to have a non-Title V operating permit under 40 CFR 
49.139. These additions will help accomplish the goal of this section 
(ensuring a current and accurate inventory of emissions from non-
trivial air pollution sources) by requiring all sources on Indian 
reservations that are required to have permits under the Clean Air Act 
to register under the FARR.
    The EPA is also proposing revisions to the list of sources 
specifically exempt from the registration rule. The registration rule 
contains a list of source categories that are exempt from registration 
because emissions from sources in the category are likely to be trivial 
(e.g., consumer use of office equipment and products) or because a 
registration program is not appropriate for sources in the category 
(e.g., mobile sources). When the EPA promulgated the Indian Country 
Minor NSR Rule, it exempted from the program various emissions units 
and activities that were based, in part, on the FARR registration 
exemptions but included some additional categorical exemptions that are 
not currently in the FARR registration rule. See 40 CFR 49.153(c). The 
EPA has considered these additional categories and is proposing to add 
two of them to the FARR registration rule: (1) emergency generators, 
designed solely for the purpose of providing electrical power during 
outages, provided the total maximum manufacturer's site-rated 
horsepower of all units is below 1000; and (2) stationary internal 
combustion engines with a manufacturer's site rated horsepower of less 
than 50. Although the potential to emit pollutants of such units would 
likely be less than the 2 ton per year applicability threshold, adding 
them to the list of categorically exempted sources reduces the burden 
of having to do emission calculations to confirm the exemption.
    Another area of revisions to this rule relates to the date by which 
registration is required. As discussed previously in section C of this 
preamble, the EPA is proposing to extend the requirements of this 
section to the Cowlitz Indian Reservation, the Snoqualmie Indian 
Reservation, and lands held in trust for the Samish Indian Nation and 
to clarify that this rule also applies to all lands held in trust for a 
Tribe in Idaho, Oregon, and Washington that have not been formally 
designated as a reservation. The EPA is therefore revising the 
registration provision to provide a date by which existing sources in 
such areas are required to register. Under the proposed revisions, 
subject sources located on the Tribal lands listed in this section in 
existence on the effective date of the FARR revisions would be required 
to register by no later than 6 months after the effective date of FARR 
revisions. ``New air pollution sources'' continue to be required to 
register within 90 days after beginning operation. The EPA has also 
revised the definition of ``new air pollution source'' to accommodate 
the additional Tribal lands proposed for coverage under these FARR 
revisions. All subject sources continue to be required to re-register 
each year and provide updates on any changes to the information 
provided in the previous registration and promptly report any changes 
in ownership, location, or operation.
    The EPA is also proposing to update provisions specifying the 
information required to be submitted in the initial and annual 
registration to include more commonly used current technology (e.g., 
email rather than facsimile, Global Positioning System coordinates 
rather than latitude and longitude). We are also proposing to require 
that the copy of the most recent fugitive particulate matter survey and 
current fugitive particulate matter plan be submitted with the 
registration to better assure compliance with the requirements of 40 
CFR 49.126 Rule for limiting fugitive particulate matter emissions.
    The EPA is also proposing to update the method for submitting the 
initial and annual registrations. Currently, all registrants can 
register and report either through a paper application or through the 
FARR Online Reporting System (FORS). The online database was

[[Page 61883]]

implemented in 2016 to simplify the registration process from year to 
year. Through the online database, the EPA is collecting the same 
information from facilities as it does from paper registrations. The 
benefits of the online registration include improved recordkeeping by 
allowing better and faster access to previous registrations, populating 
each annual registration with existing, basic information about the 
facility and decreasing the amount of time and resources needed to 
report emissions after initial registration. In 2016 (the emission 
reporting year for calendar year 2015), when FORS became the preferred 
method of registration, 88 facilities out of a total of 154 facilities, 
or 57%, registered online. In 2020 (the emission reporting year for 
calendar year 2019), approximately 117 facilities out of 138 
facilities, or 85%, chose to register online. As the Federal government 
moves toward e-government, in an attempt to streamline and simplify 
current procedures through electronic reporting, Region 10 is proposing 
to require all registration information and reports be submitted online 
through FORS within the EPA's Central Data Exchange (CDX), at https://cdx.epa.gov. Exceptions will be made if a facility attains prior 
written approval from Region 10 to submit a paper application.
    The EPA is also proposing clarifying revisions to the requirement 
to report any relocation of the source in 40 CFR 49.138 (d)(5). As 
revised, 40 CFR 49.138 makes clear that report of relocation is 
required whether the relocation is within, off, or onto an Indian 
reservation, but that more limited information is required to be 
reported when the source is moving to a site outside of an Indian 
reservation in Idaho, Oregon, and Washington. EPA notes that relocation 
of a source may also trigger preconstruction permitting requirements. 
In addition, EPA is making a revision to the report of closure to 
clarify that the report must include the actual emissions through the 
date of closure.
    Finally, for sources subject to 40 CFR part 71, we are eliminating 
the requirement to submit information already required by 40 CFR part 
71 reporting requirements. The EPA is proposing to revise 40 CFR 49.138 
to clarify that the only requirements of this section applicable to 40 
CFR part 71 sources are the requirement to submit estimates of total 
actual emissions from the air pollution source and the requirement to 
submit a copy of the most recent fugitive particulate matter survey and 
plan as required under 40 CFR 49.126. The EPA is also proposing 
revisions to require that 40 CFR part 71 sources report the specified 
information by February 15 of each year (the same date as all other 
sources subject to the registration rule) rather than the date that 
their 40 CFR part 71 reports are due. 40 CFR part 71 required reports 
are now often submitted online through CEDRI within the EPA's Central 
Data Exchange (CDX), at https://cdx.epa.gov. Finally, the EPA is 
proposing that the owner or operator of a 40 CFR part 71 source submit 
reports of a change in ownership and closure, as applicable, because 
this information is not routinely required in a 40 CFR part 71 permit.
    Section 49.139 Rule for non-Title V operating permits. This section 
provides a permitting program to establish Federally-enforceable 
requirements for air pollution sources on Indian reservations. In this 
rulemaking, the EPA is proposing to rescind a duplicative provision of 
this section pertaining to certain owner-requested limits and to add 
administrative procedures to clarify the process for issuing or 
revising a permit.
    This rulemaking, as currently written, provides for the issuance of 
a permit containing Federally-enforceable requirements 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; (2) the Regional Administrator 
determines that additional Federally-enforceable requirements for a 
source are necessary to ensure compliance with the applicable 
implementation plan, which would include any applicable FIP or 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 Prevention of Significant 
Deterioration (PSD) increment.
    On July 1, 2011, the EPA promulgated the Indian Country Minor NSR 
Rule, which includes provisions for establishing synthetic minor 
permits in Indian country (40 CFR 49.158). The rule defines ``synthetic 
minor source'' as a source that otherwise has the potential to emit 
regulated NSR pollutants in amounts that are at or above those for 
major sources in 40 CFR 49.167, 40 CFR 52.21 or 40 CFR 71.2, but that 
has taken a restriction so that its potential to emit is less than such 
amounts for major sources. 40 CFR 49.152(d). In promulgating the Indian 
Country Minor NSR Rule, the EPA stated that sources seeking synthetic 
minor status within the exterior boundaries of Indian reservations in 
Idaho, Oregon, and Washington must apply for synthetic minor source 
permits under the provisions of that rule and may no longer seek limits 
to become a ``synthetic minor source'' under the FARR (76 FR 38748, 
38749, July 1, 2011). To be consistent with the Indian Country Minor 
NSR Rule, the EPA is proposing to rescind the provisions of 40 CFR 
49.139 that are superseded by 40 CFR 49.158 of the Indian Country Minor 
NSR Rule and to add language making clear that applications for owner-
requested synthetic minor limits must be submitted under 40 CFR 49.158 
of the Indian Country Minor NSR Rule. For the same reason, we are 
proposing to delete the provision that authorizes owner-requested 
limits to be established in permits under 40 CFR part 71 or a Tribal 
operating permit program approved under 40 CFR part 70. The proposed 
revisions will now limit the application of 40 CFR 49.139 to the owner 
or operator of any air pollution source who wishes to obtain a 
Federally-enforceable limitation on the source's emissions that cannot 
be obtained under the Indian Country Minor NSR Rule (40 CFR 49.151 
through 49.173). Examples of such situations include federally-
enforceable limits to implement netting or offsets because the Indian 
Country Minor NSR Rule defines ``synthetic minor source'' as including 
only those sources that take a limit on potential to emit ``so that its 
potential to emit is less than such amounts for major sources.'' 40 CFR 
49.152(d).
    The EPA is also proposing to broaden the applicability provisions 
of 40 CFR 49.139 to provide Region 10 the authority to require a source 
to obtain a non-Title V operating permit where the Regional 
Administrator determines that additional Federally-enforceable 
requirements are necessary to implement or ensure compliance with any 
other provisions of the Clean Air Act (e.g., regional haze). The EPA 
anticipates that such situations are likely to be extremely rare. In 
the more than 15 years since the FARR has been in effect, the EPA has 
not found it necessary to require a source to obtain a permit under 40 
CFR 49.139. Having that authority available through a permit issuance 
process, should the need arise, however, would avoid the far more 
resource intensive process of promulgating a source-specific FIP to 
address an air quality issue.
    We are also proposing to revise the existing administrative 
procedures for issuing non-title V operating permits and to add 
provisions for reopening and revising such permits. The Indian Country 
Minor NSR rule has detailed procedures for issuing, reopening, and

[[Page 61884]]

revising Clean Air Act permits on Indian reservations. For 
administrative efficiency, the EPA is proposing to use generally the 
same procedures for issuing, reopening, and revising non-title V 
operating permits. The EPA has also added a proposed definition of 
``non-title V operating permit,'' defined as a permit issued by the 
Regional Administrator under this section.
    Section 49.140 Rule for residential wood burning devices. The EPA 
is proposing to add a rule regulating the installation of certain 
residential wood burning devices and limiting what fuels can be burned 
in such devices in order to control the emissions of particulate matter 
and other pollutants to the atmosphere. In many areas of the Pacific 
Northwest, smoke from residential wood burning devices is a significant 
source of PM2.5 and PM10 emissions. Regulating 
residential wood burning devices and the burning in such devices 
therefore helps protect air quality.
    The proposed rulemaking would prohibit, after the effective date of 
the rule, the installation of new and used residential wood heaters, 
hydronic heaters, forced air furnaces, or central heaters unless they 
have been certified by the EPA to meet the applicable particulate 
matter emission standards for woodfired heating devices established in 
the Standards of Performance for New Residential Wood Heaters (40 CFR 
part 60, subpart AAA) and the Standards of Performance for New 
Residential Hydronic Heaters and Forced-Air Furnaces (40 CFR part 60, 
subpart QQQQ) as amended in 2015 (80 FR 13672, March 16, 2015), or any 
later promulgation of these standards, and have a permanent label 
affixed to the device as provided in 40 CFR 60.536 or 40 CFR 60.5478. 
Certified wood burning devices generate less smoke (fewer particulates) 
than non-certified wood burning devices and use less wood to create 
heat, improving air quality in communities where people burn wood for 
heat. Individuals living on Indian reservations would be able to 
continue using uncertified and older certified residential wood 
heaters, hydronic heaters, forced air furnaces, or central heaters as 
long as the devices were installed prior to the effective date of this 
new rule. The proposed rulemaking is more protective of air quality and 
would better reduce particulate matter from residential wood burning 
devices in comparison to requirements in surrounding jurisdictions that 
allow installation of any certified residential wood burning device. 
The EPA is therefore also proposing, in the alternative, a rule more 
consistent with surrounding jurisdictions and that would prohibit the 
installation of new and used residential wood heaters, hydronic 
heaters, forced air furnaces, and central heaters unless they have been 
certified by the EPA to meet the applicable particulate matter emission 
standards for woodfired heating devices established in the Standards of 
Performance for New Residential Wood Heaters (40 CFR part 60, subpart 
AAA) and Standards of Performance for New Residential Hydronic Heaters 
and Forced-Air Furnaces (40 CFR part 60, subpart QQQQ), and have a 
permanent label affixed to the device as provided in 40 CFR 60.536 or 
40 CFR 60.5478. In effect, the proposal in the alternative would allow 
the installation of any new or used residential wood heater, hydronic 
heater, forced air furnace, or central heater that has been certified 
by the EPA since subparts AAA and QQQQ were first promulgated.
    The EPA is requesting comment specifically on whether the proposed 
rulemaking or the proposed alternative should be finalized in order to 
regulate the installation of new and used residential wood heaters, 
hydronic heaters, forced air furnaces, and central heaters on Indian 
reservations in Idaho, Oregon, and Washington. In taking final action, 
EPA will consider the input we receive regarding the benefits of 
enhanced environmental protection and the benefits of consistency with 
surrounding jurisdictions.
    This proposed rulemaking would also limit materials that can be 
burned in all existing and newly installed types of residential wood 
burning devices (including fireplaces) to: (1) seasoned firewood, which 
is firewood that has a moisture content of 20% or less; (2) kiln dried 
or air dried lumber that has not been treated, impregnated, painted or 
coated; (3) products manufactured for the purpose of being used as a 
fuel for a residential wood burning device, such as wood pellets and 
biomass fire logs intended for burning in a wood stove or fireplace; 
and (4) manufactured fire starters and paper sufficient to start a 
fire.
    These new requirements are consistent with the intent of the FARR: 
to ensure that residents within the boundaries of Indian reservations 
enjoy air quality protection similar to those existing outside 
reservations. Over the years, many jurisdictions on State lands outside 
of Indian reservations have similarly banned the installment of 
uncertified wood burning devices and limited material that can be 
burned in residential wood burning devices. This proposed section would 
therefore help ensure a similar degree of protection from environmental 
and health hazards on Indian reservations as in neighboring areas.
    Section 49.141 Rule for curtailment of residential wood burning 
devices for specific areas. The EPA is proposing to require the 
curtailment of residential wood burning devices (commonly referred to 
as ``burn bans'') during periods of poor air quality in specific 
geographical areas on certain Indian reservations with demonstrated 
elevated concentrations of particulate matter. This prohibition would 
apply to wood stoves and similar wood burning devices as well as to 
fireplaces. In some areas of Indian reservations in Idaho, Oregon, and 
Washington, stagnant air and use of wood burning devices, particularly 
in winter, drive particulate matter concentrations to elevated levels, 
causing concern for human health. Fine particles can make asthma 
symptoms worse and trigger asthma attacks. Fine particles can also 
trigger heart attacks, stroke, irregular heart rhythms and heart 
failure, especially in people who are already at risk for these 
conditions. As discussed in section I.B of this preamble, 
PM2.5 concentrations that exceed the NAAQS over a 3-year 
period can result in a ``nonattainment'' designation under the CAA, 
which in turn can result in more stringent air pollution reduction 
measures. A burn ban rule would help areas with elevated 
PM2.5 levels take proactive steps to avoid a 
``nonattainment'' designation. Many State and local air agencies in the 
Pacific Northwest have curtailment programs for residential wood 
heating devices with procedures, conditions, and exemptions similar to 
those the EPA is proposing.
    This proposed curtailment program establishes two burn ban stages. 
During a Stage 1 ban, only EPA-certified residential wood burning 
devices are permitted to be used. During a Stage 2 ban, no wood burning 
devices, even EPA-certified devices, are permitted to be used. A 
residence that self-certifies that wood is the sole source of heat or 
that the use of an available alternative heat source would impose an 
economic hardship would be exempt from both stages of burn bans. This 
exemption would remain in effect for 5 years from the date of self-
certification, unless there is a change to the qualification status of 
the residence covered by the exemption. A ``Self-Certification'' 
exemption form will be available on Region 10's website and other 
locations and must be completed and kept on site for any residence 
relying on this exemption.
    The EPA is proposing a phased in approach for implementation and 
enforcement of this rule. The first year

[[Page 61885]]

after promulgation, the EPA or delegated Tribe will run a voluntary 
curtailment program to help familiarize homeowners with the curtailment 
program. The mandatory curtailment program will begin October 1st of 
the 2nd calendar following the year of promulgation of this rulemaking 
for a particular reservation. After the implementation date, the EPA 
and delegated tribes will continue to focus on compliance assistance 
work. This will be in the form of assistance, outreach, and education, 
in partnership with affected Tribes regarding the new rules, the 
process for certifying for exemption status and the adverse health 
effects of high particulate matter levels.
    After coordination and consultation with the affected Tribes, for 
the reasons explained in section B of this preamble, the EPA is 
proposing that 40 CFR 49.141 apply on the Colville, the Nez Perce and 
the Yakama Reservations, as shown in Table 2 in Section B of this 
preamble. The EPA anticipates that each of these Tribes will seek EPA 
delegation to implement this section on their reservations.

B. Rules Proposed for Specific Indian Reservations

    As discussed in section A of this preamble, the EPA is proposing to 
promulgate several rules that would only apply on specific Indian 
reservations where the EPA finds, in coordination and consultation with 
the relevant Tribes, that the rules are necessary or appropriate. This 
is consistent with the approach under the FARR as promulgated in 2005, 
in which the EPA promulgated one or more additional rules on the 
Colville, Nez Perce, and Umatilla Reservations. Except as otherwise 
noted in this section, the additional rules promulgated for the 
specified Indian reservations in 2005 remain in effect, to be revised 
as proposed in this rulemaking.
    This section summarizes the new rules that the EPA proposes to 
apply to specified Indian reservations, as well as existing rules (in 
some cases with proposed revisions) that the EPA proposes to apply to 
additional Indian reservations. In each case, the proposed additional 
rules are intended to regulate activities that contribute to elevated 
particulate matter concentrations in areas where there are air quality 
concerns. As in promulgating additional rules to apply on specified 
Indian reservations when the FARR was promulgated in 2005, the EPA is 
basing the determination of whether the additional rules proposed in 
this action are necessary or appropriate for a particular Indian 
reservation on a number of factors, including the prevalence of the 
activity on the reservation, the significance of the resulting 
pollution on air quality in the area and adjacent airsheds, and whether 
the Tribe has Tribal laws to control this type of pollution (67 FR 
11748, 11755 March 15, 2002). These proposed regulations would be part 
of FIPs for specific Indian reservations as specified in subpart M of 
this part.
    For the new 40 CFR 49.141 Rule for curtailment of residential wood 
burning devices for specific areas, the EPA evaluated PM2.5 
air quality monitoring data on or near reservations in Idaho, Oregon, 
and Washington to assess which reservations had elevated wintertime 
PM2.5 levels. The EPA also received input from Tribes about 
the prevalence of wood burning devices on their reservations, the 
contribution of wood burning devices on their reservations to elevated 
PM2.5 levels, and existing efforts to address wood burning 
devices in the airsheds of concern. Based on this information, the EPA 
determined it is appropriate to propose to apply 40 CFR 49.141 Rule for 
curtailment of residential wood burning devices for specific areas, on 
the Colville, Nez Perce, and Yakama Reservations.
    Table 2 of this section lists the ``additional'' rules the EPA is 
proposing to apply on five Indian reservations where the EPA has found, 
in coordination and consultation with the relevant Tribes, that it is 
appropriate to establish these specific requirements in their FIPs in 
order to control particulate matter pollution, as well as the 
additional rules that will continue to apply, as revised, on the 
specified Indian reservations. There are currently no additional rules 
that apply on the Yakama Reservation. The EPA is proposing that 40 CFR 
49.132 Rule for large open burning permits, 40 CFR 49.133 Rule for 
agricultural burning permits, 40 CFR 49.141 Rule for curtailment of 
residential wood burning devices for specific areas, and 40 CFR 49.142 
Rule for small open burning annual permits apply on the Yakama 
Reservation, as shown in Table 2. As discussed in section A of this 
preamble, the EPA is proposing that 40 CFR 49.128 Rule for limiting 
particulate matter emissions from wood products industry sources be 
applied on the Coeur D'Alene Reservation because the operations of a 
wood products facility located on the Coeur D'Alene Reservation may 
contribute to the elevated levels of PM2.5 in St. Maries, 
Idaho.
    Additional information supporting the proposed additional rules for 
the specified Indian reservations, shown on Table 2 and marked with an 
asterisk, is included in the docket for this proposal.

                      Table 2--Additional Rules \6\
------------------------------------------------------------------------
            Section No.                       Additional rules
------------------------------------------------------------------------
                    Coeur D'Alene Reservation, Idaho
------------------------------------------------------------------------
Sec.   49.128 *...................  Rule for limiting particulate matter
                                     emissions from wood products
                                     industry sources.
------------------------------------------------------------------------
                    Colville Reservation, Washington
------------------------------------------------------------------------
Sec.   49.127.....................  Rule for woodwaste burners.
Sec.   49.128.....................  Rule for limiting particulate matter
                                     emissions from wood products
                                     industry sources.
Sec.   49.141 *...................  Rule for curtailment of residential
                                     wood burning devices for specific
                                     areas.
------------------------------------------------------------------------
                      Nez Perce Reservation, Idaho
------------------------------------------------------------------------
Sec.   49.127.....................  Rule for woodwaste burners.
Sec.   49.128.....................  Rule for limiting particulate matter
                                     emissions from wood products
                                     industry sources.
Sec.   49.132 [dagger]............  Rule for large open burning permits.
Sec.   49.133.....................  Rule for agricultural burning
                                     permits.
Sec.   49.134.....................  Rule for forestry and silvicultural
                                     burning permits.
Sec.   49.141 *...................  Rule for curtailment of residential
                                     wood burning devices for specific
                                     areas.

[[Page 61886]]

 
Sec.   49.143 [dagger]............  Permit by rule for small open burns.
------------------------------------------------------------------------
                   Umatilla Indian Reservation, Oregon
------------------------------------------------------------------------
Sec.   49.132 [dagger]............  Rule for large open burning permits.
Sec.   49.133.....................  Rule for agricultural burning
                                     permits.
Sec.   49.134.....................  Rule for forestry and silvicultural
                                     burning permits.
Sec.   49.142 [dagger]............  Rule for small open burning annual
                                     permits.
------------------------------------------------------------------------
                     Yakama Reservation, Washington
------------------------------------------------------------------------
Sec.   49.132 *...................  Rule for large open burning permits.
Sec.   49.133 *...................  Rule for agricultural burning
                                     permits.
Sec.   49.141 *...................  Rule for curtailment of residential
                                     wood burning devices for specific
                                     areas.
Sec.   49.142 *...................  Rule for small open burning annual
                                     permits.
------------------------------------------------------------------------

C. Environmental Justice

    On February 11, 1994, the President issued Executive Order 12898 
entitled, ``Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations.'' The Executive Order 
calls on each Federal agency to make environmental justice (EJ) a part 
of its mission by ``identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of its programs, policies, and activities on people of color 
and low-income populations.'' On January 20, 2021, the President issued 
Executive Order 13985: ``Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government.'' \7\ The 
Executive Order calls on each Federal agency to ``pursue a 
comprehensive approach to advancing equity for all, including people of 
color and others who have been historically underserved, marginalized, 
and adversely affected by persistent poverty and inequality.'' 
Additionally, the EPA expressed a commitment to conducting 
environmental justice analysis for rulemakings as described in the 
April 30, 2021 revisions to the Cross-State Air Pollution Rule 
(CSAPR).\8\
---------------------------------------------------------------------------

    \6\ The additional rules marked with an asterisk (*) are the new 
or existing rules that the EPA proposes be newly applied to the 
specified Indian reservations in this rulemaking. With respect to 
the additional rules marked with a dagger ([dagger]), the large and 
specified small open burn permitting rules replace Sec.  49.132, 
Rule for general open burning permits, which previously applied on 
the Nez Perce and Umatilla Reservations. Rules that are not so 
marked are currently in effect on the specified Indian reservations, 
and the EPA is proposing that the revisions to these additional 
rules discussed in Section II.A. of this preamble be adopted for 
such reservations.
    \7\ Available at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-Federal-government/, accessed July 16, 2021.
    \8\ 86 FR 23054, 23162 (April 30, 2021) (``Going forward, EPA is 
committed to conducting environmental justice analysis for 
rulemakings based on a framework similar to what is outlined here, 
in addition to investigating ways to further weave environmental 
justice into the fabric of the rulemaking process including through 
enhanced meaningful engagement with environmental justice 
communities.'').
---------------------------------------------------------------------------

    The EPA defines EJ as the fair treatment and meaningful involvement 
of all people regardless of race, color, national origin, or income 
with respect to the development, implementation, and enforcement of 
environmental laws, regulations, and policies. As outlined in the EJ 
Technical Guidelines, the goal of an EJ analysis is to evaluate, to the 
extent possible, three questions: Are there potential EJ concerns for 
populations living in proximity to sources affected by the rule in the 
baseline?; Are there potential EJ concerns for population groups of 
concern for the regulatory option(s) under consideration?; Are 
potential EJ concerns created or mitigated under the options under 
consideration compared to the baseline? The determination of whether 
there is a potential disproportionate impact that may merit Agency 
action is ultimately a policy judgment informed by analysis.\9\ These 
rules are designed to protect human health and air quality resources in 
Indian reservations in Idaho, Oregon, and Washington. These 
reservations often have communities with very low per capita incomes 
relative to the U.S. average with large percentages of the population 
below the poverty line, so many communities where these rules apply 
tend to be communities with low income and minority populations. 
However, the rules will not impose any negative environmental impacts 
on these populations. Instead, the rules provide additional protections 
for communities that include overburdened populations. Because the 
rules will improve health and provide additional protections for such 
communities, the EPA has not undertaken a detailed, formal analysis of 
the environmental justice impacts of this action.
---------------------------------------------------------------------------

    \9\ According to the EPA's June 2016 Technical Guidance for 
Assessing Environmental Justice in Regulatory Analysis, page 66 and 
Section 2.1, the term ``disproportionate impacts'' refers to 
differences in impacts or risks that are extensive enough that they 
may merit Agency action. The determination of whether there is a 
disproportionate impact that may merit Agency action is a policy 
judgment informed by analysis of any discernable differences in 
anticipated impacts from the rulemaking on population groups of 
concern compared to all other population groups.
---------------------------------------------------------------------------

D. Costs and Benefits Associated With These Rules

    As part of developing the proposed revisions, the EPA conducted an 
analysis of the expected costs should these rules be adopted. Included 
in the docket for this rulemaking is the Economic Impact Analysis (EIA) 
and the Information Collection Request (ICR) documents for the proposed 
revisions. The EIA was prepared to assist the EPA in estimating the 
costs of compliance for the proposed revisions alongside updated 2021 
costs for the initial FARR. The ICR describes the recordkeeping and 
reporting information that will be collected under the revised FARR and 
related ``burden.'' ``Burden'' refers to 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

[[Page 61887]]

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.
    With the exception of making orchard heating devices subject to the 
visible emissions limit, the EPA's preliminary conclusion is that there 
will be no capital costs incurred to comply with any of the new or 
revised rules. With respect to the geographic extension of the FARR, we 
are not aware of any sources in these areas that would require 
additional control or monitoring equipment to comply with the FARR, as 
revised. With respect to the open burning rules, open burning permit 
rules, and wood burning devices curtailment rules, we also do not 
expect any capital costs will be needed to comply with the proposed 
revisions. The EPA anticipates that 40 CFR 49.140 Rule for residential 
wood burning devices, which regulates the installation of used wood 
burning devices, would impose negligible additional costs overall. This 
is because, although the cost difference between an older used wood 
burning device and post-2015 EPA certified wood burning device could be 
approximately $3,500, we anticipate very few older used wood burning 
devices would have been installed even if the EPA did not promulgate 
this prohibition. This is based on information we received from Tribes 
during the development of the proposed rulemaking. One example provided 
was where a resident gives a used stove that was removed from their 
residence to a family member to install in a different residence or 
structure like a recreational cabin. Although this may occur, it is 
expected to be an uncommon event so our overall cost estimate is based 
on an average of 15 installations per year of older (pre-2015) used 
wood heating devices that would no longer be allowed under the proposed 
rulemaking. That number would be even lower under the proposed 
alternative, which would allow used post-1990 certified wood heating 
devices to be reinstalled.
    In response to a request from the OMB, the EPA conducted a benefits 
analysis specifically looking at 40 CFR 49.141 Rule for curtailment of 
residential wood burning devices for specific areas. The analysis 
includes a conservative estimate of the monetary benefits of this 
proposed rulemaking based on mortality associated with PM2.5 
exposure. This estimate used data and equations prepared by the EPA for 
the Environmental Benefits Mapping and Analysis Program (BenMAP-
CE),\10\ which is the EPA's recommended tool for benefits calculations. 
The estimated mortality associated maximum benefit was calculated to be 
$27.8 million. This amount ($27.8 million) is representative of 
benefits over a long period of time \11\ because it is based on long-
term mortality from continuous PM2.5 exposure. A copy of 
this analysis is the docket for this proposal.
---------------------------------------------------------------------------

    \10\ https://www.epa.gov/benmap.
    \11\ The time period of the benefit calculation is not 
explicitly defined since death from chronic PM2.5 
exposure can occur years after the start of the exposure period. The 
EPA calculates benefits based on the Di et al. (2017) 
epidemiological study (https://www.nejm.org/doi/full/10.1056/nejmoa1702747), which focused on evaluating mortality and 
PM2.5 concentrations for a 12-year period.
---------------------------------------------------------------------------

    The extension of 40 CFR 49.128 Rule for limiting particulate matter 
emissions from wood products industry sources to the Coeur D'Alene 
Reservation is not expected to result in new capital costs for the one 
existing facility that would be subject to the rule. This is because, 
based on available test data from the source in question, the emission 
controls that the facility is currently using to control hazardous air 
pollutants to comply with the NESHAP for Plywood and Composite Wood 
Products (40 CFR part 63, subpart DDDD) are also expected to control 
particulate matter emissions to below the levels required in 40 CFR 
49.128.
    With respect to orchard heating devices proposed to be regulated 
under 40 CFR 49.124 Rule for limiting visible emissions, the EPA 
conducted an analysis of the expected costs of complying with this 
rulemaking. This analysis indicates that annualized costs of a little 
over $1.5 million (based on one-time capital costs of up to $18.9 
million amortized over 30 years) could be expected across all Indian 
reservations in order for orchard heating devices (including smudge 
pots) to comply with the visible emissions limit. These anticipated 
capital costs assume that 10% of all orchard lands on Indian 
reservations in Idaho, Oregon, and Washington will be required to 
purchase new equipment (e.g., propane-powered fans or propane heaters) 
to comply with the visible emissions limit and maintain orchard heating 
capabilities. Note, however, that this assumption is based on limited 
data regarding the prevalence of smudge pots, open-pot heaters, and 
other orchard heating devices that burn diesel and other fuels with 
high visible emissions on Indian reservations in Idaho, Oregon, and 
Washington. The analysis also indicates that these up-front capital 
costs for replacement orchard heating devices will be recouped in time; 
the use of alternative equipment is expected to result in an annual 
operating cost savings of roughly $10,000 per acre due to reductions in 
fuel and labor costs.\12\ We specifically request public comment on the 
EPA's economic analysis with respect to orchard heating devices, along 
with available data regarding the extent to which existing orchard 
heating devices on Indian reservations in Idaho, Oregon, and Washington 
are expected to be able to comply with the proposed visible emissions 
limit in 40 CFR 49.124; the up-front capital costs of replacing non-
complying orchard heating capacity; and any expected annual cost 
savings from replacing non-complying orchard heating capacity with 
alternatives. This data will be considered in making decisions about 
how to regulate orchard heating devices appropriately in the final 
rule.
---------------------------------------------------------------------------

    \12\ This annual per acre cost savings results in an estimated 
ongoing annual savings of $55,283,273.
---------------------------------------------------------------------------

    Thus, the costs estimated for these revisions to the FARR are 
primarily the labor costs associated with recordkeeping and reporting 
under the regulations. Costs for both the FARR rules currently in 
effect at 2021 costs and the proposed revisions to the FARR were 
estimated in the EIA. Cost estimates for the revisions proposed in this 
rulemaking include costs on those Indian reservations for which the EPA 
has proposed additional new rules. The total annualized labor costs and 
non-labor costs were estimated to be $496,252 for all rules other than 
40 CFR 49.124 Rule for limiting visible emissions. Factoring in the 
estimated ongoing annual savings related to use of replacement orchard 
heating devices, the proposed revisions are estimated to result in an 
overall annual savings.\13\
---------------------------------------------------------------------------

    \13\ Annual savings from the proposed revisions are estimated to 
be $53,266,002.
---------------------------------------------------------------------------

    The information relied on by the EPA for this analysis was 
assembled from a number of sources, including surveys of sources on the 
Indian reservations in Idaho, Oregon, and Washington, consultations 
with the sources and Tribal governments, and the EPA's experience with 
air quality issues in the Pacific Northwest.

III. Public Participation and Request for Comment

    The proposed revisions include minor editorial changes throughout 
the FARR (subpart C) and FIP (subpart M) rules, in addition to 
substantive changes to certain provisions of the rules. As such, we are 
publishing with this proposal the

[[Page 61888]]

full text of the rules as proposed to be revised, rather than only the 
portions of the text proposed to be revised in this action. A redline-
strikeout comparison of the revised rules, as proposed, to the existing 
FARR and FIPs showing all proposed changes is included in the docket 
for this action. The EPA solicits comments on all aspects of the 
proposed revisions. Interested parties should submit comments online 
and be sure to identify the appropriate docket control number (EPA-R10-
OAR-2020-0361) in your correspondence. Your comments must be received 
by January 10, 2023 to be considered in the final action taken by the 
EPA.
    You may also comment on this proposal by attending the public 
hearing, if one is held, and providing oral comments. If the EPA 
determines that a hearing should be held, the virtual hearing will be 
held on November 17, 2022.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in the final 
rule, regulatory text that includes incorporation by reference (IBR). 
In accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
IBR the following provisions as they exist on the date of final 
approval by the Office of the Federal Register:
     ASTM D388-19a, Standard Classification of Coals by Rank, 
IBR to be approved for Sec.  49.123. This specification covers the 
classification of coals by rank, that is, according to their degree of 
metamorphism, or progressive alteration, in the natural series from 
lignite to anthracite;
     ASTM D396-21, Standard Specification for Fuel Oils, IBR to 
be approved for Sec.  49.123. This specification covers grades of fuel 
oil intended for use in various types of fuel-oil-burning equipment 
under various climatic and operating conditions; ASTM D240-19, Standard 
Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb 
Calorimeter, IBR to be approved for Sec.  49.123. This test method 
covers the determination of the heat of combustion of liquid 
hydrocarbon fuels ranging in volatility from that of light distillates 
to that of residual fuels;
     ASTM D1826-94(Reapproved 2017), Standard Test Method for 
Calorific (Heating) Value of Gases in Natural Gas Range by Continuous 
Recording Calorimeter, IBR to be approved for Sec.  49.123. This test 
method covers the determination with the continuous recording 
calorimeter of the total calorific (heating) value of fuel gas produced 
or sold in the natural gas range from 900 to 1200 British thermal unit/
standard cubic foot;
     ASTM D5865/D5865M-19, Standard Test Method for Gross 
Calorific Value of Coal and Coke, IBR to be approved for Sec.  49.123. 
This test method pertains to the determination of the gross calorific 
value of coal and coke by either an isoperibol or adiabatic combustion 
calorimeter;
     ASTM D2880-20, Standard Specification for Gas Turbine Fuel 
Oils, IBR to be approved for Sec.  49.130. This specification covers 
the selection of fuels for gas turbines, excepting gas turbines used in 
aircraft, for the guidance of interested parties such as turbine 
manufacturers and the suppliers and purchasers of fuel oils;
     ASTM D4294-21, Standard Test Method for Sulfur in 
Petroleum Products by Energy-Dispersive X-ray Fluorescence 
Spectroscopy, IBR to be approved for Sec.  49.130. This test method 
covers the determination of total sulfur in petroleum and petroleum 
products that are single-phase and either liquid at ambient conditions, 
liquefiable with moderate heat, or soluble in hydrocarbon solvents;
     ASTM D6021-22, Standard Test Method for Measurement of 
Total Hydrogen Sulfide in Residual Fuels by Multiple Headspace 
Extraction and Sulfur Specific Detection, IBR to be approved for Sec.  
49.130. This test method covers a method suitable for measuring the 
total amount of hydrogen sulfide (H2S) in heavy distillates, 
heavy distillate/residual fuel blends, or residual fuels;
     ASTM D4239-18e1, Standard Test Methods for Sulfur in the 
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace 
Combustion Methods, IBR to be approved for Sec.  49.130. This test 
method covers the determination of sulfur in samples of coal or coke by 
high-temperature tube furnace combustion;
     ASTM E775-15(Reapproved 2021), Standard Test Methods for 
Total Sulfur in the Analysis Sample of Refuse-Derived Fuel, IBR to be 
approved for Sec.  49.130. These test methods present two alternative 
procedures for the determination of total sulfur in prepared analysis 
samples of solid refuse-derived fuel. Sulfur is included in the 
ultimate analysis of refuse-derived fuel;
     ASTM D1072-06(Reapproved 2017), Standard Test Method for 
Total Sulfur in Fuel Gases by Combustion and Barium Chloride Titration, 
IBR to be approved for Sec.  49.130. This test method is for the 
determination of total sulfur in combustible fuel gases and is 
applicable to natural gases, manufactured gases, mixed gases, and other 
miscellaneous gaseous fuels;
     ASTM D3246-15, Standard Test Method for Sulfur in 
Petroleum Gas by Oxidative Microcoulometry, IBR to be approved for 
Sec.  49.130. This test method covers determination of sulfur in the 
range from 1.5 to 100 milligram per kilogram (parts per million by 
mass) by weight in hydrocarbon products that are gaseous at normal room 
temperature and pressure;
     ASTM D4084-07(Reapproved 2017) Standard Test Method for 
Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction 
Rate Method), IBR to be approved for Sec.  49.130. This test method 
covers the determination of H2S in gaseous fuels. It is 
applicable to the measurement of H2S in natural gas, 
liquefied petroleum gas, substitute natural gas, landfill gas, sewage 
treatment off gasses, recycle gas, flare gasses, and mixtures of fuel 
gases;
     ASTM D5504-20, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Chemiluminescence, IBR to be approved for Sec.  49.130. This test 
method is primarily for the determination of speciated volatile sulfur-
containing compounds in high methane content gaseous fuels such as 
natural gas;
     ASTM D4468-85(Reapproved 2015), Standard Test Method for 
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric 
Colorimetry, IBR to be approved for Sec.  49.130. This test method 
covers the determination of sulfur gaseous fuels in the range from 
0.001 to 20 parts per million by volume (ppm/v);
     ASTM D2622-21, Standard Test Method for Sulfur in 
Petroleum Products by Wavelength Dispersive X-ray Fluorescence 
Spectrometry, IBR to be approved for Sec.  49.130. This test method 
covers the determination of total sulfur in petroleum and petroleum 
products that are single-phase and either liquid at ambient conditions, 
liquefiable with moderate heat, or soluble in hydrocarbon solvents. 
These materials can include diesel fuel, jet fuel, kerosene, other 
distillate oil, naphtha, residual oil, lubricating base oil, hydraulic 
oil, crude oil, unleaded gasoline, gasoline-ethanol blends, and 
biodiesel; and
     ASTM D6228-19, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Flame Photometric Detection, IBR to be approved for Sec.  49.130. 
This test method covers the determination of individual volatile 
sulfur-containing compounds in gaseous fuels by gas chromatography

[[Page 61889]]

with a flame photometric detector or a pulsed flame photometric 
detector.
    These ASTM standards were developed and adopted by ASTM. This 
material is available for inspection by appointment at the EPA Region 
10, Air and Radiation Division, 1200 Sixth Avenue, Seattle, Washington 
98101 by contacting the individual listed in the FOR FURTHER 
INFORMATION CONTACT section, and is available from the sources 
indicated below. The ASTM standards may also be obtained from 
www.astm.org or from the ASTM at 100 Barr Harbor Drive, P.O. Box C700, 
West Conshohocken, PA 19428-2959.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted 
to the Office of Management and Budget (OMB) for review. OMB determined 
this action is significant based on a finding of novel policy issues, 
specifically that this action impacts Indian Tribes. Any changes made 
in response to OMB recommendations have been documented in the docket. 
The EPA prepared an economic analysis of the potential costs and 
benefits associated with this action. This analysis, ``Economic Impact 
Analysis for the Revised Federal Implementation Plans Under the Clean 
Air Act for Indian Reservations in Idaho, Oregon, and Washington'' is 
available in the docket.

B. Paperwork Reduction Act (PRA)

    OMB has previously approved the information collection activities 
contained in the existing regulations and has assigned OMB control 
number 2060-0558. Information collection activities in this proposed 
rule have been submitted for approval to the Office of Management and 
Budget (OMB) under the PRA. The Information Collection Request (ICR) 
document that the EPA prepared has been assigned EPA ICR # 2730.01.
    The record-keeping and reporting burden for this collection of 
information is described in the following paragraphs. As discussed in 
section C of this preamble, ``burden'' refers means to 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.
    In 2005, the EPA promulgated Federal Implementation Plans (FIPs) 
under the Clean Air Act (CAA) for Indian reservations located in Idaho, 
Oregon and Washington. The FIPs, also referred to as Federal Air Rules 
for Reservations (FARR), include basic air quality regulations to 
protect health and welfare on Indian reservations located in the 
Northwest. These rules are implemented by EPA Region 10 and delegated 
to Tribes. EPA Region 10 is proposing revisions to the FARR, including 
clarifying aspects of the initial rules; removing an exemption to the 
limiting visible emissions rule for smudge pots and adding new rules 
for residential solid fuel heating devices and woodstove curtailment; 
splitting the rule for general open burning permits into a large open 
burn and two small open burn permit options; removing provisions that 
have been superseded by provisions of the Tribal New Source Review 
(NSR) rule; and moving to online registration of air pollution sources 
and emissions reporting. In addition, EPA Region 10 is promulgating 
three new FIPs implementing the FARR on the Snoqualmie Indian 
Reservation, the Cowlitz Indian Reservation, and the lands held in 
trust for the Samish Indian Nation. These revisions also clarify that 
the FARR applies to lands held in trust for a Tribe that has not been 
formally designated as a reservation.
    The Office of Management and Budget (OMB) approved an Information 
Collection Request (ICR) entitled ``Federal Implementation Plans Under 
the Clean Air Act for Indian Reservations in Idaho, Oregon and 
Washington'' (OMB Control Number 2060-0558), on November 16, 2004 for 
the FARR as originally promulgated in 2005. Renewals of the ICR were 
approved by OMB on May 23, 2008; August 3, 2011; March 16, 2015; and 
August 31, 2018, with the latest renewal (EPA ICR # 2020.09) submitted 
to OMB for review and approval and published in the Federal Register on 
8/13/2021 (86 FR 44708). This new ICR addresses the proposed revisions 
to the FARR listed above and provides burden estimates for respondents 
to comply with the various FIP provisions required by subpart M of this 
part Implementation Plans for Tribes--Region 10. The rulemaking effort 
will utilize a new OMB control number and EPA ICR number. Any approved 
information collection activities associated with the final rule will 
be reintegrated with the base collection (under control number 2060-
0558) at a later date.
    Respondents/affected entities: Entities potentially affected by 
this action include owners and operators of emission sources in all 
industry groups and tribal, Federal, and local governments, landowners 
who conduct open burning and owners of residential wood burning 
devices, located in the identified Indian reservations. Categories of 
entities potentially affected by this proposed information collection 
are summarized in Table 1 in the ICR.
    Respondent's obligation to respond: Respondent's obligation to 
respond is mandatory. See Sec. Sec.  49.122, 49.126, 49.130 through 
134, 49.138 through 49.142.
    Estimated number of respondents: 2,731.
    Frequency of response: Annual or Occasional.
    Total estimated burden: 5354.5 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total estimated cost: $424,300 (per year), includes no annualized 
capital or operation & maintenance costs.
    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 the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the 
accuracy of the provided burden estimates and any suggested methods for 
minimizing respondent burden to the EPA using the docket identified at 
the beginning of this rule. The EPA will respond to any ICR-related 
comments in the final rule. You may also send your ICR-related comments 
to OMB's Office of Information and Regulatory Affairs using the 
interface at www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under Review--Open for 
Public Comments'' or by using the search function. OMB must receive 
comments no later than December 12, 2022.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. Under 
the RFA, ``small entity'' includes small businesses, small governments, 
and small organizations, as defined in 5 U.S.C. 601. The small entities 
subject to the requirements of this action are primarily small 
businesses, although there may be small organizations and small 
governmental jurisdictions that are impacted as well. Among 
individually identified entities

[[Page 61890]]

expected to be impacted by these rules, 108 out of 140 (77%) \14\ were 
classified as small entities, all of which are small businesses. There 
are an array of different types of businesses that would be impacted. 
Industrial categories subject to the FARR include gasoline stations, 
forest products, cement, asphalt paving, automotive repair, lodging, 
and other sectors. None of the identified facilities expected to incur 
costs under these rules are believed to be owned by small governments. 
In addition to the identified entities, there are a number of general 
contractors, fire protection services, farmers, foresters, and 
orchardists that are expected to incur costs each year to apply for 
burn permits or comply with other recordkeeping and reporting 
requirements. We have estimated that an average of about 2,010 entities 
would incur costs for preparing burn permits or other requirements each 
year. These entities are not specifically identified so we used a 
conservative assumption that they are all small. They are expected to 
be comprised primarily of small businesses, but small governmental 
jurisdictions may incur costs for their fire protection services to 
obtain annual open burning permits to conduct trainings. Small non-
profits may also be impacted. The Agency has determined that the 
identified small entities may experience an impact averaging about 0.1 
percent of revenues, with no entities expected to incur costs greater 
than 1 percent of their annual revenues. Similarly, among unidentified 
entities that are expected to experience positive regulatory costs, the 
estimated costs are so low relative to typical revenues in the impacted 
sectors that no entities are expected to experience cost greater than 1 
percent of annual revenues. Details of this analysis are presented in 
the EIA included in the docket. Although this proposed rulemaking will 
not have a significant economic impact on a substantial number of small 
entities, the EPA has included a number of exemptions in the rules 
where appropriate to reduce impacts of this rulemaking on small 
entities. In addition, in developing this proposal, the EPA coordinated 
and consulted with Tribal governments regarding the potential impacts 
of these rules (see Section IV.F. of this preamble). In order to better 
understand the implications of these rules for small entities, as part 
of the coordination and consultation with Tribal representatives, the 
EPA also explored the possible effects for small businesses operating 
on Tribal lands. We continue to seek information regarding the 
potential impacts of the proposed rulemaking on small entities and 
welcome comments on issues related to such impacts.
---------------------------------------------------------------------------

    \14\ This represents the number of businesses that have 
registered under the FARR.
---------------------------------------------------------------------------

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The EPA has 
determined that this rulemaking does not contain a Federal mandate that 
may result in expenditures of $100 million or more for State, local, 
and Tribal 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 the proposed revisions will not have an 
economic impact on Tribal governments because the implementation and 
enforcement responsibility for the proposed revisions rests with the 
EPA unless a Tribe seeks delegation to implement or otherwise seeks to 
assist the EPA in one or more aspects of the FARR on its reservation. 
Thus, this rule are not subject to the requirements of sections 202 and 
205 of UMRA.
    As explained in the discussion of Executive Order 13175 in section 
F of this preamble below, we notified all potentially affected Tribal 
governments of the requirements in these proposed rules. 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 proposal. Finally, through consultation meetings and other 
forums, we will continue 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

    This action 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. The proposed revisions 
would significantly affect specific Indian reservations in Idaho, 
Oregon, and Washington by imposing necessary or appropriate air quality 
regulations and creating an improved level of air quality protection on 
the affected Indian reservations. The air quality revisions proposed 
here are applicable broadly to all sources within the identified Indian 
reservations and are not uniquely applicable to Tribal governments. 
Tribal governments may incur some compliance costs in meeting those 
requirements that apply to sources they own or operate; however, the 
economic impacts analysis indicates that those costs would not be 
substantial. Finally, although Tribal governments are encouraged to 
partner with the EPA on the implementation of these regulations, they 
are not required to do so. In addition, the EPA will seek to provide 
funding to Tribes that apply for delegation of the EPA's authority to 
administer specific rules to support their activities. Because these 
proposed revisions 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 the 
proposed revisions.
    The EPA consulted with tribal officials under the EPA Policy on 
Consultation and Coordination with Indian Tribes early in the process 
of developing this regulation to permit them to have meaningful and 
timely input into its development. A summary of that consultation is 
provided in the document, ``Coordination and Consultation Record,'' 
included in the docket for this notice. The proposed revisions are 
based on the EPA's and Tribes' experience in implementing the FARR 
since 2005, including instances where the FARR was not being 
interpreted as the EPA had intended, as well as changes in related air 
quality regulations and changes in air quality in some affected areas. 
Early on in the process, in 2010, we offered all affected Tribes the 
opportunity to consult on proposed revisions to the FARR, and conducted 
formal consultations with three Tribes in response to that offer. We 
also provided Tribes the opportunity early on to participate in 
conference calls to learn more about potential rule revision and worked

[[Page 61891]]

collaboratively with tribal environmental staff as we developed draft 
revisions.
    The EPA provided drafts of the proposed FARR revisions to the 
leaders and environmental staff of the affected Tribes in 2016 and 
2020. Several Tribes requested formal consultation in response. The EPA 
also conducted a webinar in 2020 to provide an overview of the latest 
draft revisions that 10 Tribes attended, and the EPA discussed the 
draft revisions with Tribal environmental staff at various points in 
the process. The overall response to the proposed revisions from Tribal 
leaders and environmental staff was generally favorable, and the EPA 
received valuable suggestions for improvements to the rule itself, as 
well as outreach and implementation for once the revisions are 
finalized.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action generally increases the level of environmental 
protection for affected populations (persons living on Indian 
reservations). The proposed revisions would provide regulatory 
certainty and necessary or appropriate regulation on Indian 
reservations, and reduce emissions from sources complying with these 
regulations. Consequently, the regulations are expected to result in 
health benefits to persons living on Indian reservations.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards. The EPA proposes to 
continue using the ASTM Methods and generally accepted test methods 
previously promulgated by the EPA, as updated since 2005. Because these 
methods were used under the FARR rules as promulgated in 2005 and are 
still widely used by State and local agencies for determining 
compliance with similar rules, the EPA continues to believe these 
technical standards are the most appropriate and will not require any 
alternative technical standards.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
Section II.C. of this preamble provides additional information 
regarding Environmental Justice. This action generally increases the 
level of environmental protection for affected populations (persons 
living on Indian reservations). The proposed revisions would provide 
necessary or appropriate regulation on Indian reservations, and reduce 
emissions from sources complying with these regulations. Consequently, 
the regulations are expected to result in health benefits to persons 
living on Indian reservations, many of whom live in low-income and 
communities of color.

List of Subjects in 40 CFR Part 49

    Environmental protection, Air pollution control, Administrative Act 
and Procedure, Incorporation by reference, Indians, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: September 15, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 49 is 
proposed to be amended as follows:

PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT

0
1. The authority citation for part 49 continues to read as follows:

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

Subpart C--General Federal implementation Plan Provisions

0
2. Revise the undesignated heading immediately following reserved 
Sec. Sec.  49.106 through 49.120 and Sec. Sec.  49.121 through 49.139 
to read as follows:
* * * * *
Sec.
General Rules for Application to Indian Reservations in Idaho, Oregon, 
and Washington
49.121 Introduction.
49.122 Partial delegation of administrative authority to a Tribe.
49.123 General provisions.
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 large 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 public health or welfare.
49.136 [Reserved]
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.
* * * * *

General Rules for Application to Indian Reservations in Idaho, Oregon, 
and Washington


Sec.  49.121  Introduction.

    (a) What is the purpose of Sec. Sec.  49.121 through 49.143? These 
sections 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 sections developed? These sections 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 EPA Region 10. These sections 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 EPA Region 10, and the 
air quality rules in adjacent jurisdictions.
    (c) When are these sections applicable to sources on a particular 
Indian reservation? These sections apply to air pollution sources on a 
particular Indian reservation when EPA has specifically promulgated one 
or more rules for that reservation in subpart M of this part. Rules 
will be promulgated through notice and comment rulemaking and will be 
specifically identified in the implementation plan for that reservation 
in subpart M of this part. Once EPA has promulgated one or more rules 
for an Indian reservation, such rules will apply

[[Page 61892]]

without further action to any subsequently established reservation 
lands of the specified Indian Tribe or Tribes.


Sec.  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 Sec.  
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 (or portion thereof) for 
which delegation is requested.
    (3) Includes a statement by the applicant's legal counsel (or 
equivalent official) that includes the following information:
    (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 Sec.  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.
    (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 
administer on behalf of EPA, will, if applicable, identify the 
portion(s) of the Indian reservation covered by the delegation, 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 
(or portion thereof) and will act on behalf of the Regional 
Administrator for purposes of administering such requirements.
    (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.
    (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 applicable implementation plan for 
the Indian reservation in subpart M of this part. The Regional 
Administrator will also publish an announcement of the partial 
delegation agreement in local newspapers.


Sec.  49.123  General provisions.

    (a) Definitions. The following definitions apply for the purposes 
of Sec. Sec.  49.121 through 49.143. Terms not defined in this 
paragraph (a) have the meaning given to them in the Clean Air Act.
    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 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, growing or harvesting crops, and raising 
livestock for use and consumption. Agricultural activities do not 
include manufacturing, bulk storage, preparing or handling for resale, 
or the formulation of any agricultural chemical. Examples of activities 
that are not agricultural activities include hop drying in kilns and 
distillation of mint oil.
    Agricultural burn or agricultural burning means the open 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 mean 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:
    (i) The applicable standards in 40 CFR parts 60, 61, 62, and 63;
    (ii) The applicable implementation plan emission limitations, 
including those with a future compliance date; or
    (iii) 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

[[Page 61893]]

temperature of one pound of water one degree Fahrenheit.
    Clean Air Act means 42 U.S.C. 7401 et seq.
    Coal means all fuels classified as anthracite, bituminous, sub-
bituminous, or lignite in ASTM D388.
    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 continuous record of emissions.
    Continuous opacity monitoring system (COMS) means the total 
equipment used to sample, analyze, and provide a permanent continuous 
record of opacity.
    Cooking fire means any open burn in a fire pit or outdoor appliance 
for the purpose of cooking food. A cooking fire may only burn firewood, 
charcoal briquettes, wood pellets, wood chips, or other fuels suitable 
for cooking food.
    Distillate fuel oil means any oil meeting the specifications of 
ASTM Grade 1 or Grade 2 fuel oils in ASTM D396.
    Emission means a direct or indirect release into the atmosphere of 
any air pollutant or air pollutants released into the atmosphere.
    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 burn or forestry or silvicultural burning 
means the open 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. This 
includes prescribed fire as defined in 40 CFR 50.1(m).
    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 and construction sites are examples of sources of fugitive dust.
    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.
    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 and other non-combustibles 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 D240, ASTM D1826, or ASTM D5865/
D5865M] of all fuels burned.
    Hog fuel or hogged fuel means wood chips or shavings, residue from 
sawmills, and other wood processing residue.
    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:
    (i) 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.
    (ii) 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.
    (iii) All Indian allotments, the Indian titles to which have not 
been extinguished, including rights-of-way running through the same.
    Indian reservation, which is included in the definition of Indian 
country and used elsewhere in this rule, means 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. Under this 
definition, Indian reservations include lands held in trust by the 
United States government for the benefit of an Indian Tribe even if the 
trust lands have not been formally designated as a reservation.
    Intermediate change to monitoring means an ``intermediate change to 
monitoring'' as defined in 40 CFR 63.90(a).
    Large open burn or large open burning means the open burning of a 
single pile of materials greater than 10 feet in diameter or more than 
60 feet of ditch bank or fence line vegetation.
    Major change to monitoring means a ``major change to monitoring'' 
as defined in 40 CFR 63.90(a).
    Marine vessel means a waterborne craft, ship, or barge.
    Minor change to monitoring means a ``minor change to monitoring'' 
as defined in 40 CFR 63.90(a).
    Minor change to recordkeeping/reporting means a ``minor change to 
recordkeeping/reporting'' as defined in 40 CFR 63.90(a), except it does 
not include ``Changes related to compliance extensions granted pursuant 
to Sec.  63.6(i)'' of this chapter.
    Minor change to test method means a ``minor change to test method'' 
as defined in 40 CFR 63.90(a).
    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, for the purposes of the ``Rule for 
registration of air pollution sources and reporting of emissions'' in 
Sec.  49.138, an air pollution source that begins actual construction 
after the dates specified in Sec.  49.138(e)(1)(ii), (iv) or (vi), as 
applicable.
    Noncombustibles means materials that are not flammable, capable of 
catching fire, or burning.
    Nonroad engine means a ``nonroad engine'' as defined in 40 CFR 
1068.30.
    Nonroad vehicle means a vehicle that is powered by a nonroad engine 
and

[[Page 61894]]

that is not a motor vehicle or a vehicle used solely for competition.
    Non-Title V operating permit means a permit issued by the Regional 
Administrator pursuant to Sec.  49.139 Rule for non-Title V operating 
permits.
    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 burn or 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.
    Orchard heating device or orchard heater means a fuel burning 
device capable of being used for frost-prevention or protection in 
orchards, vineyards, field crops or truck crops. Smudge pots and open-
pot heaters are types of orchard heating devices.
    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 40 CFR 71.3(a) and (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, PM2.5 and PM10.
    Permit to construct or construction permit means a permit issued by 
the Regional Administrator pursuant to this part or 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 Sec. Sec.  49.139 and 49.158, 40 CFR 
part 71, or by a Tribe pursuant to a program approved by the 
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.
    PM2.5 means particulate matter with an aerodynamic diameter less 
than or equal to 2.5 micrometers.
    PM10 means particulate matter with an aerodynamic diameter less 
than or equal to 10 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.
    Recreational fire means a campfire or a bonfire burning materials 
authorized under Sec.  49.131(d)(1)(i) and (iii) for pleasure or 
celebratory purposes. Cooking fires and fires used for debris disposal 
purposes are not considered recreational fires.
    Reference method means any method of sampling and analyzing for an 
air pollutant as specified in the applicable section.
    Regional Administrator means the Regional Administrator of EPA 
Region 10 or an authorized representative of the Regional 
Administrator.
    Residential central heater means a residential wood burning device 
that is a ``central heater'' as defined in 40 CFR 60.5473.
    Residential forced-air furnace means a residential wood burning 
device that is a ``residential forced-air furnace'' as defined in 40 
CFR 60.5473.
    Residential hydronic heater means a residential wood burning device 
that is a ``residential hydronic heater'' as defined in 40 CFR 60.5473.
    Residential wood burning device means any wood burning device that 
supplies heat to a single-family residence (including a boarding house 
or a residence with a ``mother in law'' unit) or any wood burning 
device installed in an individual unit of a multiple unit structure 
such as a condominium, apartment, duplex, multiplex, hotel, motel, or 
resort. This includes, but is not limited to, wood stoves, fireplaces, 
fireplace inserts, residential wood heaters, residential hydronic 
heaters, residential forced-air furnaces, and residential central 
heaters.
    Residential wood heater means a residential wood burning device 
that is a ``wood heater'' as defined in 40 CFR 60.531 or 40 CFR 
60.5473.
    Residual fuel oil means any oil meeting the specifications of ASTM 
Grade 4, Grade 5, or Grade 6 fuel oils in ASTM D396.
    Small open burn or small open burning means the open burning of a 
single pile of materials that is 10 feet or less in diameter or 60 feet 
or less of ditch bank or fence line vegetation.
    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).
    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.
    Untreated wood means wood of any species that has not been 
chemically impregnated, painted, coated, or similarly modified to 
prevent weathering and deterioration.
    Used oil means petroleum products that have been recovered from 
another application.

[[Page 61895]]

    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, wood waste, hog fuel, bark, or any 
derivative or residue thereof, in any form, including but not limited 
to sawdust, sander dust, 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 conical 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.
    (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 any applicable emission limitation or 
standard in subpart M of this part 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 COMS or a CEMS 
to demonstrate compliance. Nothing in subpart M of this part limits the 
authority of the Regional Administrator to require, in an information 
request pursuant to section 114 of the Clean Air 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 subpart M of this part 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) Alternatives to required testing, monitoring, recordkeeping and 
reporting. (1) Performance tests shall be conducted, and data shall be 
reduced in accordance with the test methods and procedures set forth in 
each relevant standard, and, if required, in applicable appendices of 
40 CFR parts 51, 60, 61, and 63 unless the Regional Administrator:
    (i) Specifies or approves, in specific cases, the use of a test 
method with minor changes in methodology. Such changes may be approved 
in conjunction with approval of the site-specific test plan; or
    (ii) Approves shorter sampling times or smaller sample volumes when 
necessitated by process variables or other factors; or
    (iii) Waives the requirement for performance tests because the 
owner or operator of an affected source has demonstrated by other means 
to the Regional Administrator's satisfaction that the affected source 
is in compliance with the relevant standard.
    (2) Monitoring shall be conducted as set forth in the relevant 
standard(s) unless the Regional Administrator:
    (i) Specifies or approves the use of minor changes in methodology 
for the specified monitoring requirements and procedures; or
    (ii) Approves the use of an intermediate or major change or 
alternative to any monitoring requirements or procedures.
    (3) Recordkeeping or reporting shall be conducted as set forth in 
the relevant standard(s) unless the Regional Administrator:
    (i) Specifies or approves the use of minor changes to 
recordkeeping/reporting for the specified requirements and procedures; 
or
    (ii) A waiver of a recordkeeping or reporting requirement has been 
granted by the Regional Administrator under this paragraph:
    (A) Recordkeeping or reporting requirements may be waived upon 
written application to the Regional Administrator if, in the Regional 
Administrator's judgment, the affected source is achieving the relevant 
standard(s). The application shall include whatever information the 
owner or operator considers useful to convince the Regional 
Administrator that a waiver of recordkeeping or reporting is warranted.
    (B) A waiver of any recordkeeping or reporting requirement granted 
under this paragraph may be conditioned on other recordkeeping or 
reporting requirements deemed necessary by the Regional Administrator.
    (C) Approval of any waiver granted under this section shall not 
abrogate the Regional Administrator's authority under the Clean Air Act 
or in any way prohibit the Regional Administrator from later canceling 
the waiver. The cancellation will be made only after notice is given to 
the owner or operator of the affected source.
    (e) 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 subpart M of this part 
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.
    (f) Performance test. Unless otherwise specified in the applicable 
standard or test method: (1) Each performance test shall consist of 
three valid test runs using the applicable test method and each run 
shall be conducted for the time and under the conditions specified in 
the applicable standard or test method.
    (2) The arithmetic mean of the results of the three valid runs 
shall be compared to the applicable standard for purposes of 
determining compliance with the applicable standard using the 
applicable test method.
    (3) In the event that a sample is accidentally lost or conditions 
occur in which one of the three runs must be discontinued because of 
forced shutdown, failure of an irreplaceable portion of the sample 
train, extreme meteorological conditions, or other circumstances, 
beyond the owner or operator's control, compliance may, upon the 
Regional Administrator's written approval, be determined using the 
arithmetic mean of the results of the two other runs.
    (g) Incorporation by reference. The material listed in this 
paragraph (g) is incorporated by reference into this section with the 
approval of the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection at the EPA and at the National Archives and Records 
Administration (NARA). Contact EPA at: EPA Region 10, Air and Radiation 
Division, 1200 Sixth Avenue, Seattle, Washington 98101; phone: 206-553-
1200; website: www.epa.gov/aboutepa/epa-region-10-pacific-northwest. 
For information on the availability of this material at NARA, email: 
[email protected]; website: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from ASTM 
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; 
telephone: (610) 832-9500; email: [email protected]; website: 
www.astm.org.

[[Page 61896]]

    (1) ASTM D388-19a, Standard Classification of Coals by Rank.
    (2) ASTM D396-21, Standard Specification for Fuel Oils.
    (3) ASTM D240-19, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter.
    (4) ASTM D1826-94 (Reapproved 2017), Standard Test Method for 
Calorific (Heating) Value of Gases in Natural Gas Range by Continuous 
Recording Calorimeter.
    (5) ASTM D5865/D5865M-19, Standard Test Method for Gross Calorific 
Value of Coal and Coke.


Sec.  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 an Indian reservation to control emissions of 
particulate matter to the atmosphere and ground-level concentrations of 
PM2.5 and PM10, to detect the violation of other 
requirements in subpart M of this part, and to indicate whether a 
source is continuously maintained and properly operated.
    (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 (except orchard heating 
devices); 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; emissions from fuel 
combustion in mobile sources; or activities associated with single-
family residences or residential buildings with four or fewer dwelling 
units.
    (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 6-minute period, unless 
paragraph (d)(2), (3) or (4) 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 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.
    (4) Starting [DATE THREE YEARS AFTER THE EFFECTIVE DATE OF THE 
FINAL RULE], the visible emissions from an orchard heating device must 
not exceed 20% opacity, averaged over any consecutive 6-minute period:
    (i) If orchard heating devices cannot comply with the 20% opacity 
limit and alternatives that are capable of complying with the 20% 
opacity limit are not reasonably available, the owner or operator of an 
orchard heating device may apply to the Regional Administrator for an 
extension of the three-year deadline. The application for an extension 
must include an explanation of why no complying alternatives are 
reasonably available.
    (ii) If the Regional Administrator finds that there are no 
reasonably available complying alternatives, 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.
    (e) What is the reference method for determining compliance? (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 to 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 
to 40 CFR part 60.


Sec.  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 to the atmosphere from 
certain air pollution sources operating within an Indian reservation to 
control ground-level concentrations of PM2.5 and 
PM10.
    (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 through a stack, 
unless exempted in paragraph (c) of this section.
    (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 Btu per 
hour; non-commercial smoke houses; sweat houses or lodges; orchard 
heating devices; mobile sources; or activities associated with single-
family residences or residential buildings with four or fewer dwelling 
units.
    (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 (0.10 grains per dry standard 
cubic foot), corrected to seven percent oxygen, during any 3-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 
(0.20 grains per dry standard cubic foot), corrected to seven percent 
oxygen, during any 3-hour period.
    (3) Particulate matter emissions from a process source stack, or 
any other stack not subject to paragraph (d)(1) or (2) of this section, 
must not exceed an average of 0.23 grams per dry standard cubic meter 
(0.10 grains per dry standard cubic foot), during any 3-hour period.
    (e) What is the reference method for determining compliance? (1) 
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 to 40 CFR part 60.
    (2) EPA Methods 1 through 4, as appropriate, must be conducted in 
conjunction with Method 5 to calculate the volumetric flow, oxygen 
content, and moisture content of the samples. A complete description of 
these additional test methods is found in appendix A to 40 CFR part 60.


Sec.  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 to the 
atmosphere from certain air pollution sources operating within an 
Indian reservation to control ground-level concentrations of 
PM2.5 and PM10.
    (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

[[Page 61897]]

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:
    (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 particulate matter to determine the sources of 
fugitive particulate matter emissions. For new sources or new 
operations, a survey must be conducted within 30 days after beginning 
operation. For portable sources, a survey must be conducted within 7 
days after beginning operation at a new location. Simultaneously 
document the results of the survey, 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) Within 30 days after completing the survey, prepare 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. For portable sources, a 
written plan must be prepared prior to beginning operation at a new 
location and the plan must be updated within 7 days after the survey 
required in paragraph (e)(1)(i) of this section is completed, if 
needed, to reflect the results of the survey. Plans must be reviewed 
and updated at least annually after each survey and more frequently if 
warranted due to changes in operations, available control methods or 
other relevant conditions;
    (iv) If the owner or operator is required to register the facility 
under Sec.  49.138:
    (A) For new sources or new operations, a copy of the initial 
fugitive particulate matter survey and initial plan must be submitted 
to EPA with the initial registration, which is due within 90 days after 
beginning operation.
    (B) For all other sources, a copy of the most recent fugitive 
particulate matter survey and current plan must be submitted to EPA 
with the annual registration required by Sec.  49.138.
    (v) Maintain a copy of the survey and plan on site;
    (vi) Implement the written plan, including the installation of 
control measures, as expeditiously as practicable and maintain and 
operate the source to minimize fugitive particulate matter emissions.
    (vii) Maintain records for 5 years that document the surveys and 
the reasonable precautions that were taken to prevent fugitive 
particulate matter emissions.
    (2) The Regional Administrator may require the owner or operator to 
revise the plan if, at any time, the Regional Administrator determines 
that the precautions and procedures specified in the plan are not 
adequate to ensure that all reasonable precautions are being taken to 
prevent fugitive particulate matter emissions or are not adequate to 
ensure that the source is being maintained and operated so as to 
minimize fugitive particulate matter emissions.
    (3) 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.
    (4) Efforts to comply with this section cannot be used as a reason 
for not complying with other applicable laws and ordinances.


Sec.  49.127  Rule for woodwaste burners.

    (a) What is the purpose of this section? This section phases out 
the operation of woodwaste burners, and in the interim limits the 
visible emissions from woodwaste burners, within an Indian reservation 
to control emissions of particulate matter to the atmosphere and 
ground-level concentrations of PM2.5 and PM10.
    (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 2 years after the date that this section is effective for 
a particular Indian reservation as specified in subpart M of this part. 
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 6-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 Regional Administrator for an extension of the 
2-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

[[Page 61898]]

that may be granted by the Regional Administrator.
    (d) What is the reference method for determining compliance with 
the opacity limit? The reference method for determining compliance with 
the opacity limit is EPA Method 9. A complete description of this 
method is found in appendix A to 40 CFR part 60.
    (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 2 years after the effective date of 
this section for a particular Indian reservation. 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.


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

    (a) What is the purpose of this section? This section limits the 
amount of particulate matter that may be emitted to the atmosphere from 
certain wood products industry sources operating within an Indian 
reservation to control ground-level concentrations of PM2.5 
and PM10.
    (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), 1-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), 1-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, 1-hour average.
    (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), 1-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), 1-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? (1) 
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 to 
40 CFR part 51.
    (2) EPA Methods 1 through 2H, as appropriate, must be conducted in 
conjunction with Methods 202 and 201A to calculate the volumetric flow 
of the samples. A complete description of these additional test methods 
is found in appendix A to 40 CFR part 60.


Sec.  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 (SO2) that may be emitted to the 
atmosphere from certain air pollution sources operating within an 
Indian reservation to control ground-level concentrations of 
SO2.
    (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, SO2 through a stack 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 Btu per hour; orchard heating 
devices; or 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 3-hour period.
    (2) Sulfur dioxide emissions from a process source stack, or any 
other stack not subject to paragraph (d)(1) of this section, must not 
exceed an average of 500 parts per million by volume, on a dry basis, 
during any 3-hour period.
    (e) What are the reference methods for determining compliance? (1) 
The reference methods for determining compliance with the 
SO2 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 to 40 CFR part 60.
    (2) EPA Methods 1 through 4, as appropriate, must be conducted in 
conjunction with the test methods in paragraph (e)(1) of this section 
to calculate the volume, oxygen content, and moisture content of the 
sample. A complete description of these additional methods can also be 
found in appendix A to 40 CFR part 60.
    (3) An alternative reference method is a CEMS that complies with 
Performance Specification 2 found in appendix B to 40 CFR part 60.


Sec.  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 operating within an Indian reservation to control emissions of 
SO2 to the atmosphere and ground-level concentrations of 
SO2.
    (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 an 
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, as determined by the appropriate reference 
method(s) from paragraph (e) of this section:
    (1) For distillate fuel oil, 0.3 percent by weight for Grade 1 fuel 
oil in ASTM D396;
    (2) For distillate fuel oil, 0.5 percent by weight for Grade 2 fuel 
oil in ASTM D396;
    (3) For residual fuel oil, 1.75 percent sulfur by weight for Grades 
4, 5, or 6 fuel oil in ASTM D396;

[[Page 61899]]

    (4) For used oil, 2.0 percent sulfur by weight;
    (5) For any liquid fuel not listed in paragraphs (d)(1) through (4) 
of this section, 2.0 percent sulfur by weight;
    (6) For coal, 1.0 percent sulfur by weight;
    (7) For solid fuels, 2.0 percent sulfur by weight; and
    (8) For gaseous fuels, 400 ppm by volume 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 D2880-, D4294, 
and D6021;
    (2) Sulfur content in coal: ASTM D4239;
    (3) Sulfur content in solid fuels: ASTM E775; and
    (4) Sulfur content in gaseous fuels: ASTM D1072, D3246, D4084, 
D5504, D4468, D2622 and D6228.
    (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, 
obtain a representative grab sample for each purchase and test the 
sample using the appropriate reference method from paragraph (e)(1) of 
this section.
    (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 to 
40 CFR part 60. If only purchased natural gas is used, 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 appropriate 
reference method from paragraphs (e)(2) and (3) of this section. If 
only wood is used, keep records showing that only wood was used.
    (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) Incorporation by reference. The material listed in this 
paragraph (g) is incorporated by reference into this section with the 
approval of the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection at the EPA and at the National Archives and Records 
Administration (NARA). Contact EPA at: EPA Region 10, Air and Radiation 
Division, 1200 Sixth Avenue, Seattle, Washington 98101; phone: 206-553-
1200; website: www.epa.gov/aboutepa/epa-region-10-pacific-northwest. 
For information on the availability of this material at NARA, email: 
[email protected]; website: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from ASTM 
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; 
telephone: (610) 832-9500; email: [email protected]; website: http://www.astm.org.
    (1) ASTM D396-21, Standard Specification for Fuel Oils.
    (2) ASTM D1072-06(Reapproved 2017), Standard Test Method for Total 
Sulfur in Fuel Gases by Combustion and Barium Chloride Titration.
    (3) ASTM D2622-21, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry.
    (4) ASTM D2880-20, Standard Specification for Gas Turbine Fuel 
Oils.
    (5) ASTM D3246-15, Standard Test Method for Sulfur in Petroleum Gas 
by Oxidative Microcoulometry.
    (6) ASTM D4084-07(Reapproved 2017), Standard Test Method for 
Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction 
Rate Method).
    (7) ASTM D4239-18e1, Standard Test Methods for Sulfur in the 
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace 
Combustion Methods.
    (8) ASTM D4294-21, Standard Test Method for Sulfur in Petroleum 
Products by Energy-Dispersive X-ray Fluorescence Spectroscopy.
    (9) ASTM D4468-85(Reapproved 2015), Standard Test Method for Total 
Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry.
    (10) ASTM D5504-20, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Chemiluminescence.
    (11) ASTM D6021-22, Standard Test Method for Measurement of Total 
Hydrogen Sulfide in Residual Fuels by Multiple Headspace Extraction and 
Sulfur Specific Detection.
    (12) ASTM D6228-19, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Flame Photometric Detection.
    (13) ASTM E775-15(Reapproved 2021), Standard Test Methods for Total 
Sulfur in the Analysis Sample of Refuse-Derived Fuel.


Sec.  49.131  General rule for open burning.

    (a) What is the purpose of this section? This section identifies 
the types of materials that are allowed to be openly burned within an 
Indian reservation and the conditions on such burning to control 
emissions of air pollutants to the atmosphere and ground-level 
concentrations of PM2.5 and PM10. 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 and lessee, if any, 
of the property on which open burning is conducted.
    (c) What is exempted from this section? The following open burns 
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 smoke houses, sweat houses, or sweat lodges;
    (3) Outdoor cooking fires;
    (4) Fires set as part of a firefighting strategy (e.g., back burn, 
fire break, or safety perimeter burn), if approved by the appropriate 
fire safety jurisdiction and only under an emergency or incident 
command situation; and
    (5) Except when burning is prohibited under paragraph (d)(2) or 
(d)(3) of this section, fires set for the disposal of diseased animals 
or other material by order of a public health authority.
    (d) What are the requirements for open burning? (1) All open 
burning is prohibited except:
    (i) Natural vegetation and untreated wood may be open burned.
    (ii) A single-family residence or residential building with four or 
fewer

[[Page 61900]]

dwelling units may open burn paper, paper products, or cardboard 
generated on site.
    (iii) Paper and manufactured fire starters may be used to start a 
fire authorized under paragraph (d)(1)(i) or (d)(1)(ii) of this 
section.
    (iv) Open outdoor fires may be conducted by qualified personnel to 
train firefighters in the methods of fire suppression and firefighting 
techniques subject to the requirements of paragraph (e)(4) of this 
section.
    (v) Tribal governments may conduct open outdoor fires to dispose of 
fireworks and associated packaging materials subject to the 
requirements of paragraph (e)(5) of this section.
    (2) All open burning is prohibited whenever the Regional 
Administrator declares a burn ban due to deteriorating air quality 
except for burning exempt under paragraph (c)(1), (2), (3) or (4) of 
this section.
    (i) A burn ban may be declared for an Indian reservation (or 
portion thereof) whenever the Regional Administrator determines that 
air quality levels have exceeded, or are projected to exceed within the 
next 72 hours, 75% of any 24-hour national ambient air quality standard 
for particulate matter, and these levels are projected to continue or 
reoccur over at least the subsequent 24 hours.
    (ii) A burn ban will remain in effect until the Regional 
Administrator terminates the burn ban.
    (iii) The Regional Administrator will post an announcement of a 
burn ban on the EPA Region 10 website and will consider other means to 
announce the burn ban, such as posting the announcement on Region 10's 
social media and requesting Tribes within the affected area to post the 
announcement on their websites. Delegated Tribes may use these and 
other similar means to make announcements. Announcements of the 
termination of a burn ban will be made in the same manner.
    (3) All open burning is also 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 Sec.  49.137 Rule for air pollution episodes except for 
burning exempt under paragraph (c)(1), (2), (3) or (4) of this section. 
The prohibition on open burning will remain in effect until the 
Regional Administrator terminates the advisory, alert, warning or 
emergency.
    (4) Nothing in this section exempts or excuses any person from 
complying with any applicable laws and ordinances of Tribal 
governments, local fire departments, and other governmental entities.
    (e) Are there additional requirements that must be met? (1) Except 
for burning conducted under paragraphs (e)(4) and (5) of this section 
and except for recreational fires, 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, dirt and stones must be separated from 
the materials to be openly burned to the greatest extent practicable.
    (iii) Natural or artificially induced draft must be present.
    (iv) To the greatest extent practicable, materials to be openly 
burned must be separated from the grass or peat layer.
    (v) A fire must not be allowed to smolder, unless, where 
applicable, the burn is permitted under Sec.  49.132, Sec.  49.133, or 
Sec.  49.134, the permit specifically allows the fire to smolder, and 
the burn is actively managed to complete the burn in the shortest 
possible time within the time period allowed by the burn permit.
    (vi) A person 18 years of age or older must be in attendance at all 
times during the burn.
    (vii) There must be a means available for extinguishing the fire, 
such as water or chemical fire suppressants.
    (viii) The fire must be extinguished if safe to do so, when 
requested to do so by the Regional Administrator based on a 
determination that:
    (A) The open burning is causing or contributing to, or has the 
potential to cause or contribute to, an exceedance of a national 
ambient air quality standard; or
    (B) When relevant, that the open burning is causing any other 
adverse impact on air quality.
    (ix) Except for small open burns, before igniting a burn that could 
significantly impair visibility on roadways, the relevant 
transportation safety authorities must be contacted and provided an 
opportunity to require appropriate transportation safety measures 
during the burn.
    (2) Except for burning exempt under paragraph (c)(1), (2), (3) or 
(4) of this section, open burning shall not be initiated when:
    (i) The Regional Administrator has declared a burn ban under this 
section; or
    (ii) An air stagnation advisory has been issued or an air pollution 
alert, air pollution warning, or air pollution emergency has been 
declared by the Regional Administrator under Sec.  49.137.
    (3) Except for burning exempt under paragraph (c)(1), (2), (3) or 
(4) of this section, when a burn ban is declared under paragraph (d)(2) 
of this section or an advisory is issued or declaration made under 
paragraph (d)(3) of this section, the open burn must be immediately 
extinguished if safe to do so, lighting the fire must be discontinued 
and additional material must be withheld from the fire so the fire 
burns down, as applicable.
    (4) Except when burning is prohibited under paragraph (d)(2) or (3) 
of this section and with prior written permission from the Regional 
Administrator (and after obtaining a large open burning permit, if 
applicable under Sec.  49.132 and if Sec.  49.132 applies on the 
Reservation where the burn is occurring), open outdoor fires used by 
qualified personnel to train firefighters in the methods of fire 
suppression and firefighting techniques are allowed, subject to the 
following conditions:
    (i) Prior to igniting any structure, the fire protection service 
must ensure the structure does not contain asbestos or asbestos-
containing materials and must comply with subpart M of 40 CFR part 61.
    (ii) Before requesting permission from the Regional Administrator, 
the fire protection service must notify any appropriate Tribal air 
pollution authority and fire safety authority and obtain any 
permissions or approvals required by the Tribe, and by any other 
governments with applicable laws and ordinances.
    (iii) Prior to igniting any structure and at least 10 business days 
before the requested date of the training fire, the fire protection 
service must submit a request for permission for the training fire to 
the Regional Administrator that includes the following information:
    (A) The name and address of the fire protection service;
    (B) The name and contact information for the fire protection 
service trainer, including a phone number where they can be reached on 
the day of the training fire;
    (C) The location (including the street address if available) where 
the training will take place;
    (D) A description of what will be burned during the training;
    (E) The requested date and time of the training;
    (F) The results of an asbestos survey and any removal required;
    (G) A copy of the Asbestos Demolition and Renovation Projects 
Notification required by subpart M of 40 CFR part 61; and
    (H) A statement that the requestor has read and understands the 
open burning requirements in this section.

[[Page 61901]]

    (iv) The fire protection service must ensure that the structure 
does not contain any batteries; stored chemicals such as pesticides, 
herbicides, fertilizers, paints, glues, sealers, tars, solvents, 
household cleaners, or photographic reagents; stored linoleum, 
plastics, rubber, tires, or insulated wire; or hazardous wastes.
    (v) Written permission from the Regional Administrator for the 
training fire must be available on site the day of the fire.
    (vi) The training fire shall not be allowed to smolder after the 
training session has terminated.
    (5) Except when burning is prohibited under paragraph (d)(2) or (3) 
of this section and with prior written permission from the Regional 
Administrator (and after obtaining a large open burning permit, if 
applicable under Sec.  49.132 and if Sec.  49.132 applies on the 
Reservation where the burn is occurring), Tribal governments may 
conduct open outdoor fires to dispose of fireworks and associated 
packaging materials, subject to the following conditions:
    (i) Before requesting permission from the Regional Administrator, 
the person who will be managing the fireworks disposal fire must notify 
any appropriate Tribal air pollution authority and fire safety 
authority and obtain any permissions or approvals required by the 
Tribe, and by any other governments with applicable laws and 
ordinances.
    (ii) Prior to igniting fireworks for disposal and at least 5 
business days before the requested date of the fireworks disposal fire, 
the Tribal government must submit a request for permission for the 
fireworks disposal fire to the Regional Administrator that includes the 
following information:
    (A) The name and address of the Tribal government;
    (B) The name and contact information for the person who will be on 
site managing the fireworks disposal fire, including a phone number 
where they can be reached on the day of the disposal fire;
    (C) The location (including the street address if available) where 
the fire will occur;
    (D) The requested date and time of the fire;
    (E) The estimated size of the fireworks disposal burn pile or 
weight of materials to be burned;
    (F) A description of the means for containing any explosions and 
for fire suppression, including but not limited to the availability of 
water or chemical fire suppressants; and
    (G) A statement that the requestor has read and understands the 
open burning requirements in this section; and
    (iii) Written permission from the Regional Administrator for the 
fireworks disposal fire must be available on site the day of the fire.
    (6) Open burning may also be subject to permitting requirements 
under Sec.  49.132, Sec.  49.142Sec.  49.143, Sec.  49.133, or Sec.  
49.134, or an applicable EPA-approved Tribal open burning rule as 
specified in the applicable implementation plan for the reservation in 
subpart M of this part.


Sec.  49.132  Rule for large open burning permits.

    (a) What is the purpose of this section? This section establishes a 
permitting program for large open burning within an Indian reservation 
to control emissions of air pollutants to the atmosphere and ground-
level concentrations of PM2.5 and PM10.
    (b) Who is affected by this section? This section applies to the 
owner and lessee, if any, of the property on which a large open burn is 
conducted and to any person who conducts a large open burn.
    (c) What is exempted from this section? The following open burning 
is 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 smoke houses, sweat houses, or sweat lodges;
    (3) Outdoor cooking fires;
    (4) Fires set for recreational purposes;
    (5) Fires set as part of a firefighting strategy (e.g., back burn, 
fire break, or safety perimeter burn), if approved by the appropriate 
fire safety jurisdiction and only under an emergency or incident 
command situation;
    (6) Fires set for the disposal of diseased animals or other 
material by order of a public health authority;
    (7) Agricultural burning; and
    (8) Forestry and silvicultural burning.
    (d) What are the requirements for large open burning? (1) A person 
subject to this section must have a permit to conduct a large open 
burn, have approval to burn on the day(s) of the burn, ensure that the 
person conducting the burn is familiar with the requirements of the 
permit, ensure that the permit is available on the property during the 
open burn, and conduct the open burn in accordance with the terms and 
conditions of the permit.
    (2) The date after which a permit is required under this section is 
identified in the implementation plan in subpart M of this part for the 
specific Indian reservation where this section applies.
    (3) A person subject to this section must comply with Sec.  49.131 
or the EPA-approved Tribal open burning rule as specified in the 
applicable implementation plan for the reservation in subpart M of this 
part, as applicable.
    (4) Nothing in this section exempts or excuses any person from 
complying with any applicable laws and ordinances of Tribal 
governments, local fire departments or other governmental entities.
    (e) Are there additional requirements that must be met? (1) The 
owner or lessee of the property on which the large open burn will be 
conducted must submit an application to the Regional Administrator for 
each proposed large open burn. The application must be submitted in 
writing, on forms provided by the Regional Administrator, and be 
received by the Regional Administrator at least 1 business day before 
the proposed date the burn would be conducted or by such earlier date 
specified by the Regional Administrator in the application form. The 
forms will require, at a minimum, the following information:
    (i) Street address of the property on which the proposed open 
burning will be conducted or, if there is no street address of the 
property, the legal description of the property.
    (ii) Name, mailing address, email address and telephone number of 
the applicant, who must be the owner or lessee of the property on which 
the proposed open burning will be conducted.
    (iii) Name, mailing address, email address and telephone number of 
the person who will be conducting the proposed open burning.
    (iv) Name, mailing address, email address and telephone number of 
the owner or lessee, if any, of the property on which the proposed open 
burning will be conducted, if different from the applicant identified 
in paragraph (e)(1)(ii) of this section.
    (v) A plot plan showing the location of the proposed open burn in 
relation to the property lines and indicating the distances and 
directions of the nearest residential, public, and commercial 
properties, as well as roads and other sensitive areas that could be 
affected by the smoke from the burning.
    (vi) The type and quantity of materials proposed to be burned and 
the area over which the open burning will be conducted.
    (vii) A description of the burning method(s) to be used (pile burn, 
ditch burn, broadcast burn, windrow burn, etc.), the amount of material 
to be burned with each method, and the means of ignition.

[[Page 61902]]

    (viii) A description of the measures that will be taken to prevent 
escaped burns, including but not limited to the availability of water.
    (ix) The requested date(s) when the proposed large open burn would 
be conducted.
    (x) Any other information specifically requested by the Regional 
Administrator.
    (2) At least 1 business day prior to the requested date of a 
proposed large open burn, the person conducting the burn must contact 
the Regional Administrator as specified in the large open burning 
permit to request approval to burn. If the proposed open burning is 
consistent with this section and Sec.  49.131 or the applicable EPA-
approved Tribal open burning rule as specified in the applicable 
implementation plan for the reservation in subpart M of this part, the 
Regional Administrator may approve the large open burn for the 
requested day(s) after taking into consideration relevant factors 
including, but not limited to:
    (i) 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;
    (ii) Other factors indicating whether or not the proposed open burn 
can be conducted without causing or contributing to an exceedance of a 
national ambient air quality standard; and
    (iii) When relevant, other factors indicating whether or not the 
proposed open burn can be conducted without causing any other adverse 
impact on air quality.
    (3) The permit will authorize burning only for the date(s) and 
time(s) approved for the burning to be conducted and will include any 
conditions that the Regional Administrator determines are necessary to 
ensure compliance with this section, Sec.  49.131 or the applicable 
EPA-approved Tribal open burning rule as specified in the applicable 
implementation plan for the reservation in subpart M of this part, and 
to protect the public health and welfare, including any monitoring, 
recordkeeping and post-burn reporting requirements.
    (4) If any of the relevant factors in paragraph (e)(2) of this 
section change after approval to conduct the large open burn, the 
Regional Administrator may contact the person conducting the burn to 
revoke the approval and require the permittee to immediately extinguish 
the fire if safe to do so, discontinue lighting the fire and withhold 
additional material such that the fire burns down, as applicable.
    (5) The Regional Administrator, to the extent practical, will 
consult with and coordinate approvals to burn with the open burning 
programs of surrounding jurisdictions.


Sec.  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 an Indian 
reservation to control emissions of air pollutants to the atmosphere 
and ground-level concentrations of PM2.5 and 
PM10.
    (b) Who is affected by this section? This section applies to the 
owner and lessee, if any, of the property on which agricultural burning 
is conducted and to any person who conducts agricultural burning.
    (c) What are the requirements for agricultural burning? (1) A 
person subject to this section must have a permit to conduct an 
agricultural burn, have approval to burn on the day(s) of the burn, 
ensure that the person conducting the burn is familiar with the 
requirements of the permit, ensure that the permit is available on the 
property during the burn, and conduct the burn in accordance with the 
terms and conditions of the permit.
    (2) The date after which a permit is required under this section is 
identified in the implementation plan in subpart M of this part for the 
specific Indian reservation where this section applies.
    (3) A person subject to this section must comply with Sec.  49.131 
or the EPA-approved Tribal open burning rule as specified in the 
applicable implementation plan for the reservation in subpart M of this 
part, as applicable.
    (4) Nothing in this section exempts or excuses any person from 
complying with any applicable laws and ordinances of Tribal 
governments, local fire departments, or other governmental entities.
    (d) Are there additional requirements that must be met? (1) The 
owner or lessee of the property on which an agricultural burn will be 
conducted must submit an application to the Regional Administrator for 
each proposed agricultural burn. The application must be submitted in 
writing, on forms provided by the Regional Administrator, and be 
received by the Regional Administrator at least 1 business day before 
the proposed date the burn would be conducted or by such earlier date 
specified by the Regional Administrator in the application form. The 
forms will require, at a minimum, the following information:
    (i) Street address of the property on which the proposed 
agricultural burning will be conducted or, if there is no street 
address of the property, the legal description of the property.
    (ii) Name, mailing address, email address and telephone number of 
the applicant, who must be the owner or lessee of the property on which 
the proposed agricultural burning will be conducted.
    (iii) Name, mailing address, email address and telephone number of 
the person who will be conducting the proposed agricultural burning.
    (iv) Name, mailing address, email address and telephone number of 
the owner or lessee, if any, of the property on which the proposed 
agricultural burning will be conducted, if different from the applicant 
identified in paragraph (d)(1)(ii) of this section.
    (v) 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, as well as roads and other sensitive areas that 
could be affected by the smoke from the burning.
    (vi) The type and quantity of agricultural wastes proposed to be 
burned and the area over which burning will be conducted.
    (vii) 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.), the amount of material to be burned with each method, 
and the means of ignition.
    (viii) 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.
    (ix) The requested date(s) when the proposed agricultural burning 
would be conducted.
    (x) Any other information specifically requested by the Regional 
Administrator.
    (2) At least 1 business day prior to the requested date of the 
proposed agricultural burning, the person conducting the burn must 
contact the Regional Administrator as specified in the agricultural 
burning permit to request approval to burn. If the proposed 
agricultural burning is consistent with this section and Sec.  49.131 
or the applicable EPA-approved Tribal open burning rule as specified in 
the applicable implementation plan for the reservation in subpart M of 
this part, the Regional Administrator may approve the agricultural 
burning for the requested day(s) after taking into consideration 
relevant factors including, but not limited to:

[[Page 61903]]

    (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;
    (ii) Other factors indicating whether or not the proposed 
agricultural burning can be conducted without causing or contributing 
to an exceedance of a national ambient air quality standard; and
    (iii) When relevant, other factors indicating whether or not the 
proposed open burn can be conducted without causing any other adverse 
impact on air quality.
    (3) The permit will authorize burning only for the date(s) and 
time(s) approved for the burning to be conducted and will include any 
conditions that the Regional Administrator determines are necessary to 
ensure compliance with this section, Sec.  49.131 or the applicable 
EPA-approved Tribal open burning rule as specified in the applicable 
implementation plan for the reservation in subpart M of this part, and 
to protect the public health and welfare, including any monitoring, 
recordkeeping and post-burn reporting requirements.
    (4) If any of the relevant factors in paragraph (d)(2) of this 
section change after approval to conduct the agricultural burning, the 
Regional Administrator may contact the person conducting the burn to 
revoke the approval and require the permittee to immediately extinguish 
the fire if safe to do so, discontinue lighting the fire and withhold 
additional material such that the fire burns down, as applicable.
    (5) The Regional Administrator, to the extent practical, will 
consult with and coordinate approvals to burn with the open burning 
programs of surrounding jurisdictions.


Sec.  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 an 
Indian reservation to control emissions of air pollutants to the 
atmosphere and ground-level concentrations of PM2.5 and 
PM10.
    (b) Who is affected by this section? This section applies to the 
owner and lessee, if any, of the property on which forestry or 
silvicultural burning is conducted and to any person who conducts 
forestry or silvicultural burning.
    (c) What are the requirements for forestry and silvicultural 
burning? (1) A person subject to this section must have a permit to 
conduct a forestry or silvicultural burn, have approval to burn on the 
day(s) of the burn, ensure that the person conducting the burn is 
familiar with the requirements of the permit, ensure that the permit is 
available on the property during the burn, and conduct the burn in 
accordance with the terms and conditions of the permit.
    (2) The date after which a permit is required under this section is 
identified in the implementation plan in subpart M of this part for the 
specific Indian reservation where this section applies.
    (3) A person subject to this section, must comply with Sec.  49.131 
or the EPA-approved Tribal open burning rule as specified in the 
applicable implementation plan for the reservation in subpart M of this 
part, as applicable.
    (4) Nothing in this section exempts or excuses any person from 
complying with any applicable laws and ordinances of Tribal 
governments, local fire departments, or other governmental entities.
    (d) Are there additional requirements that must be met? (1) The 
owner or lessee of the property on which a forestry or silvicultural 
burn will be conducted must submit an application to the Regional 
Administrator for each proposed forestry or silvicultural burn. The 
application must be submitted in writing, on forms provided by the 
Regional Administrator, and be received by the Regional Administrator 
at least 1 business day before the proposed date the burn would be 
conducted or by such earlier date specified by the Regional 
Administrator in the application form. The forms will require, at a 
minimum, the following information:
    (i) The legal description of the property on which the proposed 
forestry or silvicultural burning will be conducted.
    (ii) Name, mailing address, email address and telephone number of 
the applicant, who must be the owner or lessee of the property on which 
the proposed forestry or silvicultural burning will be conducted.
    (iii) Name, mailing address, email address and telephone number of 
the person who will be conducting the proposed forestry or 
silvicultural burning.
    (iv) Name, mailing address, email address and telephone number of 
the owner or lessee, if any, of the property on which the proposed 
forestry and silvicultural burning will be conducted, if different from 
the applicant.
    (v) 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, as well as roads and other sensitive areas that 
could be affected by the smoke from the burning.
    (vi) The type and quantity of forestry or silvicultural debris or 
material proposed to be burned and the area over which burning will be 
conducted.
    (vii) A description of the burning method(s) to be used (pile burn, 
broadcast burn, windrow burn, understory burn, etc.), the amount of 
material to be burned with each method, and the means of ignition.
    (viii) A description of the measures that will be taken to prevent 
escaped burns, including but not limited to the availability of water 
and firebreaks.
    (ix) The requested date(s) when the proposed forestry or 
silvicultural burning would be conducted.
    (x) Any other information specifically requested by the Regional 
Administrator.
    (2) At least 1 business day prior to the requested date of a 
proposed forestry or silvicultural burn, the person conducting the burn 
must contact the Regional Administrator as specified in the forestry or 
silvicultural open burning permit to request approval to burn. If the 
proposed forestry or silvicultural burning is consistent with this 
section and Sec.  49.131 or the applicable EPA-approved Tribal open 
burning rule as specified in the applicable implementation plan for the 
reservation in subpart M of this part, the Regional Administrator may 
approve the forestry or silvicultural burning for the requested day(s) 
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;
    (ii) Other factors indicating whether or not the proposed forestry 
or silvicultural burning can be conducted without causing or 
contributing to an exceedance of a national ambient air quality 
standard; and
    (iii) When relevant, other factors indicating whether or not the 
proposed open burn can be conducted without causing any other adverse 
impact on air quality.
    (3) The permit will authorize burning only for the date(s) and 
time(s) approved for the burning to be conducted and will include any 
conditions that the Regional Administrator determines are necessary to 
ensure compliance with this section, Sec.  49.131 or the applicable 
EPA-

[[Page 61904]]

approved Tribal open burning rule as specified in the applicable 
implementation plan for the reservation in subpart M of this part, and 
to protect the public health and welfare, including any monitoring, 
recordkeeping and post-burn reporting requirements.
    (4) If any of the relevant factors in paragraph (d)(2) of this 
section change after approval to conduct the forestry or silvicultural 
burn, the Regional Administrator may contact the person conducting the 
burn to revoke the approval and require the permittee to immediately 
extinguish the fire if safe to do so, discontinue lighting the fire and 
withhold additional material such that the fire burns down, as 
applicable.
    (5) The Regional Administrator, to the extent practical, will 
consult with and coordinate approvals to burn with the open burning 
programs of surrounding jurisdictions.


Sec.  49.135  Rule for emissions detrimental to public 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 an Indian reservation from being detrimental to public 
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 presenting an imminent and substantial endangerment to 
public health or welfare, or the environment.
    (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 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 non-Title V operating 
permit for the source. The specific requirements will be established in 
the required non-Title V operating permit.
    (3) Nothing in this section affects the ability of the Regional 
Administrator to issue an order pursuant to section 303 of the Clean 
Air 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 nuisance under any other 
applicable law.
    (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 non-Title V operating permit or order issued by the Regional 
Administrator.


Sec.  49.136  [Reserved]


Sec.  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 criteria air 
pollutants. This section is intended to prevent the occurrence of an 
air pollution emergency within an Indian reservation due to the effects 
of these air pollutants on human health.
    (b) Who is affected by this section? This section applies to any 
person who owns or operates an air pollution source within an Indian 
reservation.
    (c) What are the requirements of this section? (1) Air pollution 
action level triggers. Conditions justifying the issuance of an air 
stagnation advisory or 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 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 the air quality levels are in the Air 
Quality Index (AQI) Unhealthy category, or are projected to be in the 
Unhealthy category within the next 72 hours, at any monitoring site and 
the meteorological conditions are such that the levels are expected to 
continue or reoccur over the subsequent 24 hours.
    (iii) Air pollution warning. An air pollution warning may be 
declared by the Regional Administrator when the air quality levels are 
in the AQI Very Unhealthy category, or are projected to be in the Very 
Unhealthy category within the next 72 hours, at any monitoring site and 
the meteorological conditions are such that the levels are expected to 
continue or reoccur over the subsequent 24 hours.
    (iv) Air pollution emergency. An air pollution emergency may be 
declared by the Regional Administrator when the air quality levels are 
in the AQI Hazardous category, or are projected to be in the AQI 
Hazardous category within the next 72 hours, at any monitoring site and 
the meteorological conditions are such that the levels are expected to 
continue or reoccur over the subsequent 24 hours.
    (v) AQI levels. The air quality levels for the AQI categories of 
Unhealthy, Very Unhealthy and Hazardous are found in Table 2 of 
appendix G to 40 CFR part 58.
    (vi) Termination. Once an air stagnation advisory is issued, or an 
air pollution alert, air pollution warning, or air pollution emergency 
is declared, it will remain in effect until the Regional Administrator 
either terminates the advisory, alert, warning or emergency or makes a 
different declaration.
    (2) Announcements by the Regional Administrator. The Regional 
Administrator will post an announcement of an air stagnation advisory, 
air pollution alert, air pollution warning or air pollution emergency 
on the EPA Region 10 website and will consider other means to announce 
the event, such as posting the announcement on Region 10's social media 
and requesting Tribes within the affected area to post the announcement 
on their websites. Delegated Tribes may use these and other similar 
means to make announcements. These announcements will indicate that air 
pollution levels exist or may occur that could potentially be harmful 
to human health and indicate actions that people can take to reduce 
exposure. The announcements will also request voluntary actions to 
reduce emissions from sources of air pollutants as well as indicate 
that a ban on open burning is in effect, as provided in paragraphs 
(c)(3) and (4) of this section. Announcements of the termination of an 
air stagnation advisory, air pollution alert, air pollution warning, 
air pollution emergency or burn ban will be made in the same manner.
    (3) Voluntary curtailment of emissions by sources. Whenever the 
Regional Administrator issues an air stagnation advisory or declares an 
air pollution alert, air pollution warning, or air pollution emergency, 
sources of air pollutants will be requested to take

[[Page 61905]]

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 fires exempted under Sec.  49.131(c)(1), 
(2), (3) or (4), all open burning is prohibited whenever:
    (A) The Regional Administrator issues an air stagnation advisory or 
declares an air pollution alert, air pollution warning, or air 
pollution emergency; or
    (B) A burn ban is declared pursuant to Sec.  49.131 or the 
applicable EPA-approved Tribal open burning rule as specified in the 
applicable implementation plan for the reservation in subpart M of this 
part.
    (ii) Except for fires exempted under Sec.  49.131(c)(1) through 
(4), any person conducting open burning when such an advisory is issued 
or declaration is made must immediately extinguish the fire if safe to 
do so, discontinue lighting the fire and withhold additional material 
such that the fire burns down, as applicable.
    (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.


Sec.  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 operating within an Indian reservation 
and the emissions from such sources.
    (b) Who is affected by this section? This section applies to: (1) 
Any person who owns or operates a part 71 source;
    (2) Any person who owns or operates an air pollution source 
required to have a permit under the Federal Minor New Source Review 
Program in Indian Country (Sec. Sec.  49.151 through 49.164);
    (3) Any person who owns or operates any air pollution source 
required to have a permit under the Rule for non-Title V operating 
permits (Sec.  49.139); and
    (4) Any person who owns or operates any other air pollution source 
that has the potential to emit more than 2 tons per year of any air 
pollutant listed in paragraph (e)(3)(xiii) of this section, except 
those air pollution sources exempted in paragraph (c) of this section.
    (c) What is exempted from this section? This section does not apply 
to the following air pollution sources that would otherwise be required 
to register under paragraph (b)(iv) of this section:
    (1) Mobile sources;
    (2) Single-family residences and residential buildings with four or 
fewer dwelling units;
    (3) Air conditioning units used for human comfort that do not 
exhaust air pollutants into the atmosphere from any manufacturing or 
industrial process;
    (4) Ventilating units used for human comfort that do not exhaust 
air pollutants into the atmosphere from any manufacturing or industrial 
process;
    (5) Furnaces and boilers used exclusively for space heating with a 
rated heat input capacity of less than 400,000 Btu per hour;
    (6) Emergency generators, designed solely for the purpose of 
providing electrical power during outages, provided the total maximum 
manufacturer's site-rated horsepower of all units is below 1,000;
    (7) Stationary internal combustion engines with a manufacturer's 
site rated horsepower of less than 50;
    (8) Cooking of food, except for wholesale businesses that both cook 
and sell cooked food;
    (9) Consumer use of office equipment and products;
    (10) Janitorial services and consumer use of janitorial products;
    (11) Maintenance and repair activities, except for air pollution 
sources engaged in the business of maintaining and repairing equipment;
    (12) Agricultural activities and forestry and silvicultural 
activities, including agricultural burning and forestry and 
silvicultural burning; and
    (13) Open burning.
    (d) What are the requirements of this section? Any person who owns 
or operates an air pollution source subject to this section must 
register the source with the Regional Administrator and submit reports. 
The content and timing of submission of reports for a person who owns 
or operates a part 71 source is specified in paragraph (f) of this 
section. The content and timing of submission of reports for all other 
sources is specified in paragraph (e) of this section. All registration 
information and reports must be submitted via the FARR Online Reporting 
System (FORS), unless prior written approval to submit such information 
and reports in hard copy, paper or other format has been received from 
EPA Region 10.
    (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:
    (1) Initial registration. (i) The owner or operator of an air 
pollution source located on an Indian reservation within Idaho, Oregon, 
or Washington on or before June 7, 2005 (except for the Cowlitz Indian 
Reservation, Snoqualmie Indian Reservations, lands held in trust for 
the Samish Indian Nation and any land held in trust for a Tribe that 
existed on June 7, 2005 and has not been formally designated as a 
reservation) must register the air pollution source with the Regional 
Administrator by no later than February 15, 2007.
    (ii) The owner or operator of a new air pollution source that 
begins actual construction after June 7, 2005 on an Indian reservation 
within Idaho, Oregon, or Washington (except for the Cowlitz Indian 
Nation, Snoqualmie Indian Reservations, lands held in trust for the 
Samish Indian Nation and any land held in trust for a Tribe that 
existed on June 7, 2005 and has not been formally designated as a 
reservation) must register the air pollution source with the Regional 
Administrator within 90 days after beginning operation.
    (iii) The owner or operator of an air pollution source located on 
the Cowlitz Indian Reservation, the Snoqualmie Indian Reservation, 
lands held in trust for the Samish Indian Nation or any land held in 
trust for a Tribe that has not been formally designated as a 
reservation and that exists on [EFFECTIVE DATE OF FINAL RULE] must 
register the air pollution source with the Regional Administrator by no 
later than [6 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE].
    (iv) The owner or operator of a new air pollution source which 
begins actual construction after [EFFECTIVE DATE OF FINAL RULE] on the 
Cowlitz Indian Reservation, the Snoqualmie Indian Reservation, the 
lands held in trust for the Samish Indian Nation or any land held in 
trust for a Tribe that has not been formally designated as a 
reservation must register the air pollution source with the Regional 
Administrator within 90 days after beginning operation.
    (v) The owner or operator of an air pollution source located on 
land that is taken into trust and becomes part of the Indian 
reservation for an Indian Tribe after [EFFECTIVE DATE OF FINAL RULE] 
must register the air pollution source with the Regional Administrator 
by no later than 6 months after the date that the land is taken into 
trust.
    (vi) The owner or operator of a new air pollution source which 
begins actual

[[Page 61906]]

construction on land that is taken into trust and becomes part of the 
Indian reservation for an Indian Tribe after [EFFECTIVE DATE OF FINAL 
RULE] must register the air pollution source with the Regional 
Administrator within 90 days after beginning operation.
    (vii) 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 via the FORS 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, email address and telephone number of the air 
pollution source.
    (iii) Name, mailing address, email address and telephone number of 
the owner.
    (iv) Name, mailing address, email address and telephone number of 
the operator, if different from the owner.
    (v) Name, mailing address, email address and telephone number of 
the local individual responsible for compliance with this section.
    (vi) Name, mailing address, email address and telephone number of 
the individual authorized to receive requests for data and information.
    (vii) A description of the production processes, air pollution 
control equipment, and a related flow chart.
    (viii) Identification of emission units and air pollutant-
generating activities.
    (ix) 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.
    (x) Type and quantity of fuels, including the sulfur content of 
fuels, used on a daily, annual, and maximum hourly basis.
    (xi) Type and quantity of raw materials used or final product 
produced on a daily, annual, and maximum hourly basis.
    (xii) Typical operating schedule, including number of hours per 
day, number of days per week, and number of weeks per year.
    (xiii) Estimates (including all calculations for the estimates) of 
total actual emissions from the air pollution source for the following 
air pollutants: Particulate matter (PM), PM10, 
PM2.5, sulfur oxides (SOX), nitrogen oxides 
(NOX), carbon monoxide (CO), volatile organic compounds 
(VOC), lead (Pb) and lead compounds, ammonia (NH3), 
fluorides (gaseous and particulate), sulfuric acid mist 
(H2SO4), hydrogen sulfide (H2S), total 
reduced sulfur (TRS), and reduced sulfur compounds.
    (xiv) Estimated efficiency of air pollution control equipment under 
present or anticipated operating conditions.
    (xv) Global Positioning System (GPS) coordinates taken at the front 
entrance of the registered facility.
    (xvi) The North American Industry Classification System (NAICS) 
code for the registered facility.
    (xvii) A copy of the most recent fugitive particulate matter survey 
and current fugitive particulate matter plan as required under Sec.  
49.126.
    (xviii) Any other information specifically requested by the 
Regional Administrator.
    (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 via the FORS at least 30 days prior to the relocation of the 
source within an Indian reservation, or when relocating off of or on to 
an Indian reservation. The report must update the information required 
in paragraphs (e)(3)(i) through (v) of this section and, except when 
relocating to a site off of an Indian reservation, paragraph 
(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 via the FORS within 90 days after the change in ownership is 
effective. The report must update the information required in 
paragraphs (e)(3)(i) through (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 via the FORS within 90 days after the 
cessation of all operations at the air pollution source. The report 
must include the information required in paragraph (e)(3)(xiii) of this 
section through the date of closure.
    (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. (1) The owner or operator of 
a part 71 source must submit an annual

[[Page 61907]]

registration report that includes the information required by 
paragraphs (e)(3)(xiii), (xvii) and (e)(4) of this section. This annual 
registration report must be submitted by February 15 of each year. 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.
    (2) The owner or operator of a part 71 source must also submit 
reports of a change in ownership and closure as provided in paragraphs 
(e)(6) and (7) of this section.


Sec.  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 an Indian 
reservation.
    (b) Who is affected by this section? (1) This section applies to:
    (i) The owner or operator of any air pollution source who wishes to 
obtain a Federally-enforceable limitation on the source's actual 
emissions or potential to emit that cannot be obtained under the Indian 
Country Minor NSR Rule (Sec. Sec.  49.151 through 49.173) or the 
Federal rule for Prevention of Significant Deterioration (40 CFR 
52.21);
    (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;
    (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; or
    (iv) Any air pollution source for which the Regional Administrator 
determines that additional Federally-enforceable requirements are 
necessary to implement or ensure compliance with any other provisions 
of the Clean Air Act.
    (2) This section does not apply to the owner or operator of an air 
pollution source who wishes to obtain a Federally-enforceable 
limitation on the source's potential to emit in order to establish a 
synthetic minor source for purposes of the applicable prevention of 
significant deterioration, nonattainment major new source review or 
Clean Air Act title V permit programs and/or a synthetic minor source 
of hazardous air pollutants for purposes of 40 CFR part 63, section 112 
of the Clean Air Act or the applicable Clean Air Act title V program. 
Applications for a synthetic minor source permit must be submitted 
pursuant to Sec.  49.158.
    (c) What is the process for obtaining an owner-requested operating 
permit?(1) The owner or operator of an air pollution source who wishes 
to obtain a Federally-enforceable limitation on the source's actual 
emissions or potential to emit under this section must submit an 
application in writing to the Regional Administrator requesting such 
limitation and include the following information:
    (i) Name of the air pollution source and the nature of the 
business.
    (ii) Street address, email address and telephone number of the air 
pollution source.
    (iii) Name, mailing address, email address and telephone number of 
the owner or operator.
    (iv) Name, mailing address, email address and telephone number of 
the local individual responsible for compliance with this section.
    (v) Name, mailing address, email address and telephone number 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.
    (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 non-Title V operating permit 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.
    (4) Within 60 days after receipt of an application, the Regional 
Administrator will determine if it contains the information specified 
in paragraph (c)(1) of this section and if so, will deem it complete 
for the purpose of preparing a draft non-Title V operating permit. If 
the Regional Administrator determines that the application is 
incomplete, it will be returned to the owner or operator along with a 
description of the necessary information that must be submitted for the 
application to be deemed complete.
    (5) The Regional Administrator will prepare a draft non-Title V 
operating permit 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 or draft decision to deny 
the permit.
    (6) The Regional Administrator will provide a copy of the draft 
non-Title V operating permit and draft technical support document or 
the draft decision to deny the permit to the owner or operator of the 
air pollution source when the draft permit or the draft decision to 
deny the permit is sent out for public comment.
    (d) What is the process that the Regional Administrator will follow 
to require a non-Title V operating permit?

[[Page 61908]]

(1) Whenever the Regional Administrator determines that additional 
Federally-enforceable requirements are necessary to ensure compliance 
with the implementation plan, to ensure the attainment and maintenance 
of any national ambient air quality standard or prevention of 
significant deterioration increment, or to implement or ensure 
compliance with any other provisions of the Clean Air Act, 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 non-Title V 
operating permit under this section.
    (3) The Regional Administrator will prepare a draft non-Title V 
operating permit 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 
non-Title V operating permit and draft technical support document to 
the owner or operator of the air pollution source when the draft permit 
is sent out for public comment.
    (e) What permit information will be publicly available? With the 
exception of any confidential information as defined in subpart B of 40 
CFR part 2, the Regional Administrator must make available for public 
inspection the documents listed in paragraphs (c)(1) through (6) or 
(d)(1) through (4) of this section. The Regional Administrator must 
make such information available for public inspection at the EPA Region 
10 Office and in at least one location in the area affected by the 
source, such as the Tribal environmental office or a local library.
    (f) How will the public be notified and participate? (1) Before 
issuing a permit under this section, the Regional Administrator must 
prepare a draft permit and provide adequate public notice to ensure 
that the affected community and the general public have reasonable 
access to the application and draft permit information, as set out in 
paragraphs (f)(1)(i) and (ii) of this section. The public notice must 
provide an opportunity for public comment and notice of a public 
hearing, if any, on the draft permit.
    (i) The Regional Administrator must mail a copy of the notice to 
the owner or operator of the source, the appropriate Indian governing 
body and the Tribal, State and local air pollution authorities having 
jurisdiction adjacent to the area of the Indian reservation potentially 
affected by the air pollution source.
    (ii) Depending on such factors as the nature and size of the 
source, local air quality considerations and the characteristics of the 
population in the affected area (e.g., subsistence hunting and fishing 
or other seasonal cultural practices), the Regional Administrator must 
use appropriate means of notification, such as those listed in 
paragraphs (f)(1)(ii)(A) through (E) of this section.
    (A) The Regional Administrator may mail or email a copy of the 
notice to persons on a mailing list developed by the Regional 
Administrator consisting of those persons who have requested to be 
placed on such a mailing list.
    (B) The Regional Administrator may post the notice on the Region 10 
website.
    (C) The Regional Administrator may publish the notice in a 
newspaper of general circulation in the area affected by the source. 
Where possible, the notice may also be published in a Tribal newspaper 
or newsletter.
    (D) The Regional Administrator may provide copies of the notice for 
posting at one or more locations in the area affected by the source, 
such as post offices, trading posts, libraries, Tribal environmental 
offices, community centers or other gathering places in the community.
    (E) The Regional Administrator may employ other means of 
notification as appropriate.
    (2) The notice required pursuant to paragraph (f)(1) of this 
section must include the following information at a minimum:
    (i) Identifying information, including owner or operator's name and 
address (and plant name and address if different) and the name and 
telephone number of the plant manager/contact.
    (ii) The name and address of EPA Region 10 and any delegated agency 
processing the permit action.
    (iii) The purpose for which the permit is being issued, the 
regulated pollutants covered by the permit, and a description of any 
proposed limitations on the source.
    (iv) Instructions for requesting a public hearing.
    (v) The name, address, email address and telephone number of a 
contact person in EPA Region 10 from whom additional information may be 
obtained.
    (vi) Locations and times of availability of the information (listed 
in paragraph (e) of this section) for public inspection.
    (vii) A statement that any person may submit written comments, a 
written request for a public hearing or both, on the draft permit 
action. The Regional Administrator must provide a period of at least 30 
days from the date of the public notice for comments and for requests 
for a public hearing.
    (g) How will the public comment and will there be a public hearing? 
(1) Any person may submit written comments on the draft permit and may 
request a public hearing. These comments must raise any reasonably 
ascertainable issue with supporting arguments by the close of the 
public comment period (including any public hearing). The Regional 
Administrator must consider all comments in making the final decision. 
The Regional Administrator must keep a record of the commenters and of 
the issues raised during the public participation process and such 
records must be available to the public.
    (2) The Regional Administrator must extend the public comment 
period under paragraph (f) of this section to the close of any public 
hearing under this section. The hearing officer may also extend the 
comment period by so stating at the hearing.
    (3) A request for a public hearing must be in writing and must 
state the nature of the issues proposed to be raised at the hearing.
    (4) The Regional Administrator must hold a hearing whenever there 
is, on the basis of requests, a significant degree of public interest 
in a draft permit. The Regional Administrator may also hold a public 
hearing at its discretion, whenever, for instance, such a hearing might 
clarify one or more issues involved in the permit decision. The 
Regional Administrator must provide notice of any public hearing at 
least 30 days prior to the date of the hearing. Public notice of the 
hearing may be concurrent with that of the draft permit and the two 
notices may be combined. Reasonable limits may be set upon the time 
allowed for oral statements at the hearing.
    (5) The Regional Administrator must make a recording or written 
transcript of any hearing available to the public.
    (h) Can a permit be reopened? The Regional Administrator may reopen 
an existing, currently-in-effect permit for cause on its own 
initiative, such as if it contains a material mistake or fails to 
assure compliance with applicable requirements. However, except for 
those permit reopenings that do not increase the emissions limitations 
in the permit, such as permit reopenings that correct typographical, 
calculation and other errors, all other permit reopenings shall be 
carried out after the opportunity of public notice and comment and in 
accordance with one or more of the public participation requirements 
under paragraph (f) of this section.

[[Page 61909]]

    (i) What is an administrative permit revision? The following 
provisions govern administrative permit revisions.
    (1) An administrative permit revision is a permit revision that 
makes any of the following changes:
    (i) Corrects typographical errors.
    (ii) Identifies a change in the name, address or phone number of 
any person identified in the permit or provides a similar minor 
administrative change at the source.
    (iii) Requires more frequent monitoring or reporting by the 
permittee.
    (iv) Allows for a change in ownership or operational control of a 
source where the Regional Administrator determines that no other change 
in the permit is necessary, provided that a written agreement 
containing a specific date for transfer of permit responsibility, 
coverage, and liability between the current and new permittee has been 
submitted to the Regional Administrator.
    (v) Incorporates any other type of change that the Regional 
Administrator has determined to be similar to those in paragraphs 
(i)(1)(i) through (iv) of this section.
    (2) An administrative permit revision is not subject to the permit 
application, issuance, public participation or administrative and 
judicial review requirements of this section.
    (j) Can my existing owner-requested permit limits be revised? 
Permits with owner-requested limits on the source's potential to emit 
previously issued under the authority of this section may be revised 
through an administrative permit revision as provided in paragraph (i) 
provided the revision qualifies as an administrative permit revision 
under that paragraph. If you propose a modification, as defined in 
Sec.  49.152, to your existing source, you must obtain a permit 
pursuant to Sec.  49.158 prior to beginning actual construction. For 
all permit revisions that do not arise from a proposed modification and 
do not qualify as administrative permit revisions, the permit may be 
revised consistent with, and subject to, the public participation 
procedures of this section. Such procedures shall only affect those 
parts of the permit for which revisions are proposed. An application 
for a permit revision need only include information on the affected 
permit terms and emission units to which those terms apply.
    (k) How will final action occur and when will the permit become 
effective? (1) After decision on a permit, the Regional Administrator 
must notify the permit applicant of the decision, in writing, and if 
the permit is denied, of the reasons for such denial and the procedures 
for appeal. The final non-Title V operating permit and final technical 
support document (including responses to comments) will be sent to the 
owner or operator of the air pollution source. In addition, the 
Regional Administrator must provide adequate public notice of the final 
permit decision to ensure that the affected community, general public 
and any individuals who commented on the draft permit have reasonable 
access to the decision and supporting materials according to paragraph 
(e) of this section and according to one or more of the provisions in 
paragraphs (f)(1)(ii)(A) through (E) of this section.
    (2) A final permit becomes effective 30 days after service of 
notice of the final permit decision unless a different effective date 
is specified in the permit.
    (l) For how long will the Regional Administrator retain permit-
related records? The records, including any required applications for 
each draft and final permit or application for permit revision, must be 
kept by the Regional Administrator for not less than 5 years.
    (m) What is the administrative record for each final permit? (1) 
The Regional Administrator must base final permit decisions on an 
administrative record consisting of:
    (i) The application and any supporting data furnished by the permit 
applicant;
    (ii) The draft permit and technical support document or notice of 
intent to deny the application;
    (iii) Other documents in the supporting files for the draft permit 
that were relied upon in the decision making;
    (iv) All comments received during the public comment period, 
including any extension or reopening;
    (v) The recording or transcript of any hearing(s) held;
    (vi) Any written material submitted at such a hearing;
    (vii) Any new materials placed in the record as a result of the 
Regional Administrator's evaluation of public comments;
    (viii) The final permit and final technical support document 
(including responses to comments); and
    (ix) Other documents in the supporting files for the final permit 
that were relied upon in the decision-making.
    (2) The additional documents required under paragraph (m)(l) of 
this section should be added to the record as soon as possible after 
their receipt or preparation by the Regional Administrator. The record 
must be complete on the date the final permit is issued.
    (3) Material readily available or published materials that are 
generally available and that are included in the administrative record 
under the standards of paragraph (m)(1) of this section need not be 
physically included in the same file as the rest of the record as long 
as it is specifically referred to in that file.
    (n) Final agency action. The final non-Title V operating permit or 
denial of such permit is a final agency action for purposes of 
administrative appeal and judicial review.
    3. Remove the undesignated center heading immediately following 
Sec.  49.139 ``Federal Implementation Plan for Oil and Natural Gas 
Production Facilities, Fort Berthold Indian Reservation (Mandan, 
Hidatsa and Arikara Nations) in EPA Region 8''.
0
4. Add Sec. Sec.  49.140 through 49.143 to read as follows:
Sec.
* * * * *
49.140 Rule for residential wood burning devices.
49.141 Rule for curtailment of residential wood burning devices for 
specific areas.
49.142 Rule for small open burning annual permits.
49.143 Permit by rule for small open burns.
* * * * *


Sec.  49.140  Rule for residential wood burning devices.

    (a) What is the purpose of this section? This section regulates the 
installation of residential wood burning devices and specifies what 
fuels may be burned in residential wood burning devices within an 
Indian reservation to control emissions of air pollutants to the 
atmosphere and ground-level concentrations of PM2.5 and 
PM10.
    (b) Who is affected by this section? This section applies to any 
person who owns or operates a residential wood burning device.
    (c) What are the requirements of this section? (1) After the 
effective date of the final rule, no new or used residential wood 
heater, residential central heater, residential forced-air furnace, or 
residential hydronic heater may be installed to provide heat to a 
structure unless it has been certified by EPA to meet the applicable PM 
emission standards in 40 CFR 60.532 or 40 CFR 60.5474 as in effect on 
or after May 15, 2015, and has affixed to it a permanent label pursuant 
to 40 CFR 60.536 or 40 CFR 60.5478.
    (2) Only the following materials may be burned in a residential 
wood burning device:

[[Page 61910]]

    (i) Seasoned firewood, which is firewood that has a moisture 
content of 20% or less;
    (ii) Kiln dried or air dried lumber that has not been treated, 
chemically impregnated, painted or coated;
    (iii) Products manufactured for the purpose of being used as a fuel 
for a residential wood burning device, such as wood pellets and biomass 
fire logs intended for burning in a wood stove or fireplace; and
    (iv) Manufactured fire starters and paper sufficient to start a 
fire.


Sec.  49.141  Rule for curtailment of residential wood burning devices 
for specific areas.

    (a) What is the purpose of this section? This section provides for 
Stage 1 and Stage 2 bans on the use of residential wood burning devices 
during periods of elevated PM2.5 and PM10 
concentrations within specific geographical areas to control emissions 
of air pollutants to the atmosphere and ground-level concentrations of 
PM2.5 and PM10.
    (b) Who is affected by this section? This section applies to any 
person who owns or operates a residential wood burning device in 
specific geographical areas.
    (c) When and where does this section apply? This section applies 
beginning October 1, of the second calendar year following the 
promulgation of this section into the implementation plan for an Indian 
reservation in subpart M of this part.
    (d) What are the requirements of this section? (1) Except for 
residences that qualify for an exemption under paragraph (d)(3) of this 
section, the use of residential wood burning devices that have not been 
certified by EPA under subpart AAA or QQQQ to 40 CFR part 60 are 
prohibited whenever the Regional Administrator declares a Stage 1 ban. 
A Stage 1 ban may be declared for a specified geographic area whenever 
the Regional Administrator determines that air quality levels have 
exceeded, or are projected to exceed within the next 72 hours, 75% of 
any 24-hour national ambient air quality standard for particulate 
matter, that these levels are projected to continue or reoccur over at 
least the subsequent 24 hours, and that reductions in emissions from 
uncertified residential wood burning devices would reduce particulate 
matter concentrations.
    (2) Except for residences that qualify for an exemption under 
paragraph (d)(3) of this section, the use of all residential wood 
burning devices (whether certified or uncertified) are prohibited 
whenever the Regional Administrator declares a Stage 2 ban. A Stage 2 
ban may be declared for a specified geographic area whenever the 
Regional Administrator determines that air quality levels have 
exceeded, or are projected to exceed within the next 72 hours, any 24-
hour national ambient air quality standard for particulate matter, that 
these levels are projected to continue or reoccur over at least the 
subsequent 24 hours, and that reductions in emissions from residential 
wood burning devices would reduce particulate matter concentrations.
    (3) The requirements of paragraphs (d)(1) and (2) of this section 
do not apply to:
    (i) Residences where residential wood burning devices are the sole 
source of heat. Sole source of heat means that the residential wood 
burning device is the only available source of heat for the residence, 
excluding portable space heaters; or
    (ii) Residences where the household income is less than or equal to 
1.5 times the Federal poverty guidelines as defined by the U.S. 
Department of Health and Human Services.
    (4) Any person whose residence qualifies for, and is relying on, an 
exemption under paragraph (d)(3) of this section must complete an 
exemption form provided by the Regional Administrator and certify as to 
its truth and accuracy. Such form must be completed, signed and 
available at the qualifying residence before using the wood burning 
device during a Stage 1 or Stage 2 burn ban and must be made available 
for review upon request by the Regional Administrator or authorized 
representative.
    (5) A signed form under paragraph (d)(4) of this section is valid 
for five years from the date of signature or until the residence no 
longer qualifies for an exemption under paragraph (d)(3) of this 
section, whichever occurs first.


Sec.  49.142  Rule for small open burning annual permits.

    (a) What is the purpose of this section? This section establishes a 
permitting program for small open burns within an Indian reservation to 
control emissions of air pollutants to the atmosphere and ground-level 
concentrations of PM2.5 and PM10.
    (b) Who is affected by this section? This section applies to the 
owner and lessee, if any, of the property on which a small open burn is 
conducted and to any person who conducts a small open burn.
    (c) What is exempted from this section? The following open burns 
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 smoke houses, sweat houses, or sweat lodges;
    (3) Outdoor cooking fires;
    (4) Fires set for recreational purposes;
    (5) Fires set as part of a firefighting strategy (e.g., back burn, 
fire break, or safety perimeter burn), if approved by the appropriate 
fire safety jurisdiction and only under an emergency or incident 
command situation;
    (6) Fires set for the disposal of diseased animals or other 
material by order of a public health authority;
    (7) Open outdoor fires used by qualified personnel to train 
firefighters in the methods of fire suppression and firefighting 
techniques conducted pursuant to Sec.  49.131(e)(4);
    (8) Open outdoor fires conducted by Tribal governments to dispose 
of fireworks and associated packaging materials pursuant to Sec.  
49.131(e)(5);
    (9) Agricultural burning; and
    (10) Forestry and silvicultural burning.
    (d) What are the requirements for small open burns under this 
section? (1) The owner or lessee of a property must apply for and 
obtain an annual permit to conduct small open burns on that property.
    (2) The date after which a permit is required under this section in 
order to conduct small open burns is identified in the implementation 
plan in subpart M of this part for the specific Indian reservation 
where this section applies.
    (3) A person subject to this section must ensure that the person 
conducting the small open burns is familiar with the requirements of 
the permit, ensure that the permit is available on the property during 
the small open burns, conduct the small open burns in accordance with 
the terms and conditions of the permit, and comply with this section 
and Sec.  49.131 or the EPA-approved Tribal open burning rule as 
specified in the applicable implementation plan for the reservation in 
subpart M of this part, as applicable.
    (4) The person conducting the small open burn must check, as 
specified in the permit, whether burning is allowed for the area on 
that day and conduct and complete the burn during the hours that 
burning is allowed on that day.
    (5) Nothing in this section exempts or excuses any person from 
complying with any applicable laws and ordinances of Tribal 
governments, local fire departments, or other governmental entities.
    (e) How will a person know if burning is allowed on a day? (1) The 
Regional Administrator shall identify each day as a ``burn day'' or a 
``no burn day'' and

[[Page 61911]]

for a burn day, specify the hours and geographic area for which burning 
is allowed. When deciding whether to call a burn day, the Regional 
Administrator will take into consideration relevant factors including, 
but not limited to, 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 open burning can be conducted without causing or 
contributing to an exceedance of a national ambient air quality 
standard or, when relevant, without causing any other adverse impact on 
air quality, a burn day may be called.
    (2) The Regional Administrator will publicize whether a day is a 
``burn day'' or a ``no burn day'' in a pre-recorded phone message, on a 
website, or through other appropriate means as identified in the small 
open burning permit.
    (f) Are there additional requirements that must be met? (1) The 
owner or lessee of a property who wishes to conduct small open burns on 
that property must submit an application to the Regional Administrator 
for small open burning that the applicant expects to conduct during the 
calendar year. An application must be submitted in writing, on forms 
provided by the Regional Administrator, and be received by the Regional 
Administrator at least 1 business day prior to conducting the first 
small open burn on the property during a calendar year. The forms will 
require, at a minimum, the following information:
    (i) Street address of the property on which the proposed open 
burning will be conducted, or if there is no street address of the 
property, the legal description of the property.
    (ii) Name, mailing address, email address, and telephone number of 
the owner and lessee, if any, of the property on which the proposed 
open burning will be conducted.
    (iii) A description of the measures that will be taken to prevent 
escaped burns, including but not limited to the availability of water.
    (iv) Any other information specifically requested by the Regional 
Administrator.
    (2) If the proposed open burning is consistent with this section 
and Sec.  49.131 or the applicable EPA-approved Tribal open burning 
rule as specified in the applicable implementation plan for the 
reservation in subpart M of this part, the Regional Administrator may 
issue a small open burning permit. The permit will authorize burning 
consistent with this section and will include any conditions that the 
Regional Administrator determines are necessary to ensure compliance 
with this section, Sec.  49.131, or the applicable EPA-approved Tribal 
open burning rule, and to protect the public health and welfare, 
including any monitoring, recordkeeping and reporting requirements.
    (3) A permit issued under this section expires at the end of the 
calendar year in which it was issued unless it is revoked prior to that 
time by the Regional Administrator. The Regional Administrator may 
revoke a permit issued under this section, after written notice to the 
holder of the permit, upon finding that the permit must be revoked or 
revised to ensure compliance with this section, Sec.  49.131 or the 
applicable EPA-approved Tribal open burning rule as specified in the 
applicable implementation plan for the reservation in subpart M of this 
part, or to protect the public health and welfare.
    (4) If the owner or lessee of a property changes, a new permit is 
required in order to conduct small open burns on that property.


Sec.  49.143  Permit by rule for small open burns.

    (a) What is the purpose of this section? This section establishes a 
permit by rule for small open burns within an Indian reservation to 
control emissions of air pollutants to the atmosphere and ground-level 
concentrations of PM2.5 and PM10.
    (b) Who is affected by this section? This section applies to the 
owner and lessee, if any, of the property on which a small open burn is 
conducted and to any person who conducts a small open burn.
    (c) What is exempted from this section? The following open burns 
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 smoke houses, sweat houses, or sweat lodges;
    (3) Outdoor cooking fires;
    (4) Fires set for recreational purposes;
    (5) Fires set as part of a firefighting strategy (e.g., back burn, 
fire break, or safety perimeter burn), if approved by the appropriate 
fire safety jurisdiction and only under an emergency or incident 
command situation;
    (6) Fires set for the disposal of diseased animals or other 
material by order of a public health authority;
    (7) Open outdoor fires used by qualified personnel to train 
firefighters in the methods of fire suppression and firefighting 
techniques conducted pursuant to Sec.  49.131(e)(4);
    (8) Open outdoor fires conducted by Tribal governments to dispose 
of fireworks and associated packaging materials pursuant to Sec.  
49.131(e)(5);
    (9) Agricultural burning; and
    (10) Forestry and silvicultural burning.
    (d) What are the requirements for small open burns under this 
section? (1) The owner or lessee of a property must apply for and 
obtain approval of coverage under this section to conduct small open 
burns on that property.
    (2) The date after which approval of coverage is required under 
this section in order to conduct small open burns is identified in the 
implementation plan in subpart M of this part for the specific Indian 
reservation where this section applies.
    (3) A person subject to this section must ensure that the person 
conducting the small open burns is familiar with the requirements of 
the approval of coverage, ensure that the approval of coverage is 
available on the property during the small open burns and conduct the 
small open burns in accordance with this section and Sec.  49.131 or 
the EPA-approved Tribal open burning rule as specified in the 
applicable implementation plan for the reservation in subpart M of this 
part, as applicable.
    (4) The person conducting the small open burn must check, as 
specified in the approval of coverage, whether burning is allowed for 
the area on that day and conduct and complete the burn during the hours 
that burning is allowed on that day.
    (5) Nothing in this section exempts or excuses any person from 
complying with any applicable laws and ordinances of Tribal 
governments, local fire departments, or other governmental entities.
    (e) How will a person know if burning is allowed on a day? (1) The 
Regional Administrator shall identify each day as a ``burn day'' or a 
``no burn day'' and for a burn day, specify the hours and geographic 
area for which burning is allowed. When deciding whether to call a burn 
day, the Regional Administrator will take into consideration relevant 
factors including, but not limited to, 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 open burning can be conducted 
without causing or contributing to an exceedance of a national ambient 
air quality standard or, when relevant, without causing any other 
adverse

[[Page 61912]]

impact on air quality, a burn day may be called.
    (2) The Regional Administrator will publicize whether a day is a 
``burn day'' or a ``no burn day'' in a pre-recorded phone message, on a 
website, or through other appropriate means as identified in the 
approval of coverage.
    (f) Are there additional requirements that must be met? (1) The 
owner or lessee of a property who wishes to conduct small open burns on 
that property must submit an application to the Regional Administrator 
for approval of coverage under this section. An application must be 
submitted in writing, on forms provided by the Regional Administrator, 
and be received by the Regional Administrator at least 1 business day 
prior to conducting the first small open burn on the property. The 
forms will require, at a minimum, the following information:
    (i) Street address of the property on which the proposed open 
burning will be conducted, or if there is no street address of the 
property, the legal description of the property.
    (ii) Name, mailing address, email address, and telephone number of 
the owner and lessee, if any, of the property on which the proposed 
open burning will be conducted.
    (iii) A description of the measures that will be taken to prevent 
escaped burns, including but not limited to the availability of water.
    (iv) Any other information specifically requested by the Regional 
Administrator.
    (2) Approval of coverage under this section is effective the day 
after receipt by the Regional Administrator of an application for 
coverage unless the Regional Administrator disapproves the application 
for coverage. The Regional Administrator may disapprove the application 
for coverage, in writing, if the proposed open burning is found to be 
inconsistent with this section, Sec.  49.131, or the applicable EPA-
approved Tribal open burning rule as specified in the applicable 
implementation plan for the reservation in subpart M of this part.
    (3) Approval of coverage under this section remains valid for the 
property for as long as it remains under the control of the owner and 
lessee who are identified on the application for the approval of 
coverage, unless the approval is revoked by the Regional Administrator. 
The Regional Administrator may revoke the approval of coverage under 
this section, after written notice to the applicant, upon finding that 
the approval must be revoked to ensure compliance with this section, 
Sec.  49.131, or the applicable EPA-approved Tribal open burning rule 
as specified in the applicable implementation plan for the reservation 
in subpart M of this part, or to protect the public health and welfare.
    (4) If the owner or lessee of a property changes, a new application 
for approval of coverage is required in order to conduct small open 
burns on that property.

Subpart M--Implementation Plans for Tribes--Region X

0
5. Revise Sec. Sec.  49.9861 through 49.10710 to read as follows:
Sec.
Implementation Plan for the Burns Paiute Tribe, Oregon
49.9861 Identification of plan.
49.9862 Approval status.
49.9863 [Reserved]
49.9864 [Reserved]
49.9865 Classification of regions for episode plans.
49.9866 Contents of implementation plan.
49.9867 [Reserved]
49.9868 Permits to construct.
49.9869 Permits to operate.
49.9870 Federally-promulgated regulations and Federal implementation 
plans.
49.9871-49.9890 [Reserved]
Implementation Plan for the Confederated Tribes of the Chehalis 
Reservation, Washington
49.9891 Identification of plan.
49.9892 Approval status.
49.9893 [Reserved]
49.9894 [Reserved]
49.9895 Classification of regions for episode plans.
49.9896 Contents of implementation plan.
49.9897 [Reserved]
49.9898 Permits to construct.
49.9899 Permits to operate.
49.9900 Federally-promulgated regulations and Federal implementation 
plans.
49.9901-49.9920 [Reserved]
Implementation Plan for the Coeur D'alene Tribe, Idaho
49.9921 Identification of plan.
49.9922 Approval status.
49.9923 [Reserved]
49.9924 [Reserved]
49.9925 Classification of regions for episode plans.
49.9926 Contents of implementation plan.
49.9927 [Reserved]
49.9928 Permits to construct.
49.9929 Permits to operate.
49.9930 Federally-promulgated regulations and Federal implementation 
plans.
49.9931-49.9950 [Reserved]
Implementation Plan for the Confederated Tribes of the Colville 
Reservation, Washington
49.9951 Identification of plan.
49.9952 Approval status.
49.9953 [Reserved]
49.9954 [Reserved]
49.9955 Classification of regions for episode plans.
49.9956 Contents of implementation plan.
49.9957 [Reserved]
49.9958 Permits to construct.
49.9959 Permits to operate.
49.9960 Federally-promulgated regulations and Federal implementation 
plans.
49.9961-49.9980 [Reserved]
Implementation Plan for the Confederated Tribes of the Coos, Lower 
Umpqua and Siuslaw Indians, Oregon
49.9981 Identification of plan.
49.9982 Approval status.
49.9983 [Reserved]
49.9984 [Reserved]
49.9985 Classification of regions for episode plans.
49.9986 Contents of implementation plan.
49.9987 [Reserved]
49.9988 Permits to construct.
49.9989 Permits to operate.
49.9990 Federally-promulgated regulations and Federal implementation 
plans.
49.9991-49.10010 [Reserved]
Implementation Plan for the Coquille Indian Tribe, Oregon
49.10011 Identification of plan.
49.10012 Approval status.
49.10013 [Reserved]
49.10014 [Reserved]
49.10015 Classification of regions for episode plans.
49.10016 Contents of implementation plan.
49.10017 [Reserved]
49.10018 Permits to construct.
49.10019 Permits to operate.
49.10020 Federally-promulgated regulations and Federal 
implementation plans.
49.10021-49.10040 [Reserved]
Implementation Plan for the Cow Creek Band of Umpqua Tribe of Indians, 
Oregon
49.10041 Identification of plan.
49.10042 Approval status.
49.10043 [Reserved]
49.10044 [Reserved]
49.10045 Classification of regions for episode plans.
49.10046 Contents of implementation plan.
49.10047 [Reserved]
49.10048 Permits to construct.
49.10049 Permits to operate.
49.10050 Federally-promulgated regulations and Federal 
implementation plans.
49.10051-49.10070 [Reserved]
Implementation Plan for the Cowlitz Indian Tribe, Washington
49.10071 Identification of plan.
49.10072 Approval status.
49.10073 [Reserved]
49.10074 [Reserved]
49.10075 Classification of regions for episode plans.
49.10076 Contents of implementation plan.
49.10077 [Reserved]
49.10078 Permits to construct.
49.10079 Permits to operate.
49.10080 Federally-promulgated regulations and Federal 
implementation plans.
49.10081-49.10100 [Reserved]

[[Page 61913]]

Implementation Plan for the Confederated Tribes of the Grand Ronde 
Community of Oregon
49.10101 Identification of plan.
49.10102 Approval status.
49.10103 [Reserved]
49.10104 [Reserved]
49.10105 Classification of regions for episode plans.
49.10106 Contents of implementation plan.
49.10107 [Reserved]
49.10108 Permits to construct.
49.10109 Permits to operate.
49.10110 Federally-promulgated regulations and Federal 
implementation plans.
49.10111-49.10130 [Reserved]
Implementation Plan for the Hoh Indian Tribe, Washington
49.10131 Identification of plan.
49.10132 Approval status.
49.10133 [Reserved]
49.10134 [Reserved]
49.10135 Classification of regions for episode plans.
49.10136 Contents of implementation plan.
49.10137 [Reserved]
49.10138 Permits to construct.
49.10139 Permits to operate.
49.10140 Federally-promulgated regulations and Federal 
implementation plans.
49.10141-49.10160 [Reserved]
Implementation Plan for the Jamestown S'klallam Tribe, Washington
49.10161 Identification of plan.
49.10162 Approval status.
49.10163 [Reserved]
49.10164 [Reserved]
49.10165 Classification of regions for episode plans.
49.10166 Contents of implementation plan.
49.10167 [Reserved]
49.10168 Permits to construct.
49.10169 Permits to operate.
49.10170 Federally-promulgated regulations and Federal 
implementation plans.
49.10171-49.10190 [Reserved]
Implementation Plan for the Kalispel Indian Community of the Kalispel 
Reservation, Washington
49.10191 Identification of plan.
49.10192 Approval status.
49.10193 [Reserved]
49.10194 [Reserved]
49.10195 Classification of regions for episode plans.
49.10196 Contents of implementation plan.
49.10197 [Reserved]
49.10198 Permits to construct.
49.10199 Permits to operate.
49.10200 Federally-promulgated regulations and Federal 
implementation plans.
49.10201-49.10220 [Reserved]
Implementation Plan for the Klamath Tribes, Oregon
49.10221 Identification of plan.
49.10222 Approval status.
49.10223 [Reserved]
49.10224 [Reserved]
49.10225 Classification of regions for episode plans.
49.10226 Contents of implementation plan.
49.10227 [Reserved]
49.10228 Permits to construct.
49.10229 Permits to operate.
49.10230 Federally-promulgated regulations and Federal 
implementation plans.
Sec.  49.10231-49.10250 [Reserved]
Implementation Plan for the Kootenai Tribe of Idaho
49.10251 Identification of plan.
49.10252 Approval status.
49.10253 [Reserved]
49.10254 [Reserved]
49.10255 Classification of regions for episode plans.
49.10256 Contents of implementation plan.
49.10257 [Reserved]
49.10258 Permits to construct.
49.10259 Permits to operate.
49.10260 Federally-promulgated regulations and Federal 
implementation plans.
49.103261-49.10280 [Reserved]
Implementation Plan for the Lower Elwha Tribal Community, Washington
49.10281 Identification of plan.
49.10282 Approval status.
49.10283 [Reserved]
49.10284 [Reserved]
49.10285 Classification of regions for episode plans.
49.10286 Contents of implementation plan.
49.10287 [Reserved]
49.10288 Permits to construct.
49.10289 Permits to operate.
49.10290 Federally-promulgated regulations and Federal 
implementation plans.
49.10291-49.10310 [Reserved]
Implementation Plan for the Lummi Tribe of the Lummi Reservation, 
Washington
49.10311 Identification of plan.
49.10312 Approval status.
49.10313 [Reserved]
49.10314 [Reserved]
49.10315 Classification of regions for episode plans.
49.10316 Contents of implementation plan.
49.10317 [Reserved]
49.10318 Permits to construct.
49.10319 Permits to operate.
49.10320 Federally-promulgated regulations and Federal 
implementation plans.
49.10321-49.10340 [Reserved]
Implementation Plan for the Makah Indian Tribe of the Makah Indian 
Reservation, Washington
49.10341 Identification of plan.
49.10342 Approval status.
49.10343 [Reserved]
49.10344 [Reserved]
49.10345 Classification of regions for episode plans.
49.10346 Contents of implementation plan.
49.10347 [Reserved]
49.10348 Permits to construct.
49.10349 Permits to operate.
49.10350 Federally-promulgated regulations and Federal 
implementation plans.
49.10351-49.10370 [Reserved]
Implementation Plan for the Muckleshoot Indian Tribe, Washington
49.10371 Identification of plan.
49.10372 Approval status.
49.10373 [Reserved]
49.10374 [Reserved]
49.10375 Classification of regions for episode plans.
49.10376 Contents of implementation plan.
49.10377 [Reserved]
49.10378 Permits to construct.
49.10379 Permits to operate.
49.10380 Federally-promulgated regulations and Federal 
implementation plans.
49.10381-49.10400 [Reserved]
Implementation Plan for the Nez Perce Tribe, Idaho
49.10401 Identification of plan.
49.10402 Approval status.
49.10403 [Reserved]
49.10404 [Reserved]
49.10405 Classification of regions for episode plans.
49.10406 Contents of implementation plan.
49.10407 [Reserved]
49.10408 Permits to construct.
49.10409 Permits to operate.
49.10410 Federally-promulgated regulations and Federal 
implementation plans.
49.10411 Permits for large open burning, agricultural burning, 
forestry and silvicultural burning, and permit by rule for small 
open burning.
49.10412-49.10430 [Reserved]
Implementation Plan for the Nisqually Indian Tribe, Washington
49.10431 Identification of plan.
49.10432 Approval status.
49.10433 [Reserved]
49.10434 [Reserved]
49.10435 Classification of regions for episode plans.
49.10436 Contents of implementation plan.
49.10437 [Reserved]
49.10438 Permits to construct.
49.10439 Permits to operate.
49.10440 Federally-promulgated regulations and Federal 
implementation plans.
49.10441-49.10460 [Reserved]
Implementation Plan for the Nooksack Indian Tribe, Washington
49.10461 Identification of plan.
49.10463 [Reserved]
49.10464 [Reserved]
49.10465 Classification of regions for episode plans.
49.10466 Contents of implementation plan.
49.10467 [Reserved]
49.10468 Permits to construct.
49.10469 Permits to operate.
49.10470 Federally-promulgated regulations and Federal 
implementation plans.
49.10471-49.10490 [Reserved]

[[Page 61914]]

Implementation Plan for the Port Gamble S'klallam Tribe, Washington
49.10491 Identification of plan.
49.10492 Approval status.
49.10493 [Reserved]
49.10494 [Reserved]
49.10495 Classification of regions for episode plans.
49.10496 Contents of implementation plan.
49.10497 [Reserved]
49.10498 Permits to construct.
49.10499 Permits to operate.
49.10500 Federally-promulgated regulations and Federal 
implementation plans.
49.10501-49.10520 [Reserved]
Implementation Plan for the Puyallup Tribe of the Puyallup Reservation, 
Washington
49.10521 Identification of plan.
49.10522 Approval status.
49.10523 [Reserved]
49.10524 [Reserved]
49.10525 Classification of regions for episode plans.
49.10526 Contents of implementation plan.
49.10527 [Reserved]
49.10528 Permits to construct.
49.10529 Permits to operate.
49.10530 Federally-promulgated regulations and Federal 
implementation plans.
49.10531-49.10550 [Reserved]
Implementation Plan for the Quileute Tribe of the Quileute Reservation, 
Washington
49.10551 Identification of plan.
49.10552 Approval status.
49.10553 [Reserved]
49.10554 [Reserved]
49.10555 Classification of regions for episode plans.
49.10556 Contents of implementation plan.
49.10557 [Reserved]
49.10558 Permits to construct.
49.10559 Permits to operate.
49.10560 Federally-promulgated regulations and Federal 
implementation plans.
49.10561-49.10580 [Reserved]
Implementation Plan for the Quinault Indian Nation, Washington
49.10581 Identification of plan.
49.10582 Approval status.
49.10583 [Reserved]
49.10584 [Reserved]
49.10585 Classification of regions for episode plans.
49.10586 Contents of implementation plan.
49.10587 [Reserved]
49.10588 Permits to construct.
49.10589 Permits to operate.
49.10590 Federally-promulgated regulations and Federal 
implementation plans.
49.10591-49.10610 [Reserved]
Implementation Plan for the Samish Indian Nation, Washington
49.10611 Identification of plan.
49.10612 Approval status.
49.10613 [Reserved]
49.10614 [Reserved]
49.10615 Classification of regions for episode plans.
49.10616 Contents of implementation plan.
49.10617 [Reserved]
49.10618 Permits to construct.
49.10619 Permits to operate.
49.10620 Federally-promulgated regulations and Federal 
implementation plans.
49.10621-49.10640 [Reserved]
Implementation Plan for the Sauk-Suiattle Indian Tribe, Washington
49.10641 Identification of plan.
49.10642 Approval status.
49.10643 [Reserved]
49.10644 [Reserved]
49.10645 Classification of regions for episode plans.
49.10646 Contents of implementation plan.
49.10647 [Reserved]
49.10648 Permits to construct.
49.10649 Permits to operate.
49.10650 Federally-promulgated regulations and Federal 
implementation plans.
49.10651-49.10670 [Reserved]
Implementation Plan for the Shoalwater Bay Indian Tribe of the 
Shoalwater Bay Indian Reservation, Washington
49.10671 Identification of plan.
49.10672 Approval status.
49.10673 [Reserved]
49.10674 [Reserved]
49.10675 Classification of regions for episode plans.
49.10676 Contents of implementation plan.
49.10677 [Reserved]
49.10678 Permits to construct.
49.10679 Permits to operate.
49.10680 Federally-promulgated regulations and Federal 
implementation plans.
49.10681-49.10700 [Reserved]
Implementation Plan for the Shoshone-Bannock Tribes of the Fort Hall 
Reservation, Idaho
49.10701 Identification of plan.
49.10702 Approval status.
49.10703 [Reserved]
49.10704 [Reserved]
49.10705 Classification of regions for episode plans.
49.10706 Contents of implementation plan.
49.10707 [Reserved]
49.10708 Permits to construct.
49.10709 Permits to operate.
49.10710 Federally-promulgated regulations and Federal 
implementation plans.
* * * * *

Implementation Plan for the Burns Paiute Tribe, Oregon


Sec.  49.9861  Identification of plan.

    This section and Sec. Sec.  49.9862 through 49.9890 contain the 
implementation plan for the Burns Paiute Tribe. This plan consists of 
Federal regulations and measures which apply within the Burns Paiute 
Reservation.


Sec.  49.9862  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Burns Paiute Reservation.


Sec.  49.9863  [Reserved]


Sec.  49.9864  [Reserved]


Sec.  49.9865  Classification of regions for episode plans.

    The air quality control region which encompasses the Burns Paiute 
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
------------------------------------------------------------------------

Sec.  49.9866  Contents of implementation plan.

    The implementation plan for the Burns Paiute 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.9867  [Reserved]


Sec.  49.9868  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.9869  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.

[[Page 61915]]

Sec.  49.9870  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Burns Paiute 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.9871-49.9890  [Reserved]

Implementation Plan for the Confederated Tribes of the Chehalis 
Reservation, Washington


Sec.  49.9891  Identification of plan.

    This section and Sec. Sec.  49.9892 through 49.9920 contain the 
implementation plan for the Confederated Tribes of the Chehalis 
Reservation. This plan consists of Federal regulations and measures 
which apply within the Chehalis Reservation.


Sec.  49.9892  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Chehalis Reservation.


Sec.  49.9893  [Reserved]


Sec.  49.9894  [Reserved]


Sec.  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:

------------------------------------------------------------------------
                        Pollutant                         Classification
------------------------------------------------------------------------
Carbon monoxide.........................................             III
Nitrogen dioxide........................................             III
Ozone...................................................             III
Particulate matter (PM10)...............................              II
Sulfur oxides...........................................              II
------------------------------------------------------------------------

Sec.  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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.9897  [Reserved]


Sec.  49.9898  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.9899  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.9900  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.9901-49.9920  [Reserved]

Implementation Plan for the Coeur D'alene Tribe, Idaho


Sec.  49.9921  Identification of plan.

    This section and Sec. Sec.  49.9922 through 49.9950 contain the 
implementation plan for the Coeur D'Alene Tribe. This plan consists of 
Federal regulations and measures which apply within the Coeur D'Alene 
Reservation.


Sec.  49.9922  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Coeur D'Alene Reservation.


Sec.  49.9923  [Reserved]


Sec.  49.9924  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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 49.128 Rule for limiting particulate matter emissions 
from wood products industry sources.
    (f) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (g) Section 49.130 Rule for limiting sulfur in fuels.
    (h) Section 49.131 General rule for open burning.
    (i) Section 49.135 Rule for emissions detrimental to public health 
or welfare.
    (j) Section 49.137 Rule for air pollution episodes.
    (k) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.

[[Page 61916]]

    (l) Section 49.139 Rule for non-Title V operating permits.
    (m) Section 49.140 Rule for residential wood burning devices.


Sec.  49.9927  EPA-approved Tribal rules and plans. [Reserved]


Sec.  49.9928  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.9929  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.9930  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Coeur D'Alene 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 49.128 Rule for limiting particulate matter emissions 
from wood products industry sources.
    (f) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (g) Section 49.130 Rule for limiting sulfur in fuels.
    (h) Section 49.131 General rule for open burning.
    (i) Section 49.135 Rule for emissions detrimental to public health 
or welfare.
    (j) Section 49.137 Rule for air pollution episodes.
    (k) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (l) Section 49.139 Rule for non-Title V operating permits.
    (m) Section 49.140 Rule for residential wood burning devices.

    Note 1 to Sec.  49.9930:  EPA entered into a Partial Delegation 
of Administrative Authority Agreement with the Coeur D'Alene Tribe 
on August 26, 2008 for the rules listed in paragraphs (b), (h), and 
(j) of this section.

Sec. Sec.  49.9931-49.9950  [Reserved]

Implementation Plan for the Confederated Tribes of the Colville 
Reservation, Washington


Sec.  49.9951  Identification of plan.

    This section and Sec. Sec.  49.9952 through 49.9980 contain the 
implementation plan for the Confederated Tribes of the Colville 
Reservation. This plan consists of Federal regulations and measures 
which apply within the Colville Reservation.


Sec.  49.9952  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Colville Reservation.


Sec.  49.9953  [Reserved]


Sec.  49.9954  [Reserved]


Sec.  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
Sulfur oxides...........................................             III
------------------------------------------------------------------------

Sec.  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 public 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.
    (n) Section 49.140 Rule for residential wood burning devices.
    (o) Section 49.141 Rule for curtailment of residential wood burning 
devices for specific areas.


Sec.  49.9957  [Reserved]


Sec.  49.9958  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.9959  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.9960  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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.
    (i) Section 49.131 General rule for open burning.
    (j) Section 49.135 Rule for emissions detrimental to public 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.
    (n) Section 49.140 Rule for residential wood burning devices.
    (o) Section 49.141 Rule for curtailment of residential wood burning 
devices for specific areas.

    Note 1 to Sec.  49.9960:  The EPA entered into a Partial 
Delegation of Administrative Authority Agreement with the 
Confederated Tribes of the Colville Reservation on October 26, 2015, 
for the rules listed in paragraphs (b), (i), and (k) of this 
section.

Sec. Sec.  49.9961-49.9980  [Reserved]

Implementation Plan for the Confederated Tribes of the Coos, Lower 
Umpqua and Siuslaw Indians, Oregon


Sec.  49.9981  Identification of plan.

    This section and Sec. Sec.  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 Federal regulations 
and measures which apply within the Coos, Lower Umpqua and Siuslaw 
Reservation.

[[Page 61917]]

Sec.  49.9982  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Coos, Lower Umpqua and Siuslaw Reservation.


Sec.  49.9983  [Reserved]


Sec.  49.9984  [Reserved]


Sec.  49.9985  Classification of regions for episode plans.

    The air quality control region which encompasses the Coos, Lower 
Umpqua and Siuslaw 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
------------------------------------------------------------------------

Sec.  49.9986  Contents of implementation plan.

    The implementation plan for the Coos, Lower Umpqua and Siuslaw 
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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.9987  [Reserved]


Sec.  49.9988  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.9989  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.9990  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Coos, Lower Umpqua and Siuslaw 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.9991-49.10010  [Reserved]

Implementation Plan for the Coquille Indian Tribe, Oregon


Sec.  49.10011  Identification of plan.

    This section and Sec. Sec.  49.10012 through 49.10040 contain the 
implementation plan for the Coquille Indian Tribe. This plan consists 
of Federal regulations and measures which apply within the Coquille 
Reservation.


Sec.  49.10012  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Coquille Reservation.


Sec.  49.10013  [Reserved]


Sec.  49.10014  [Reserved]


Sec.  49.10015  Classification of regions for episode plans.

    The air quality control region which encompasses the Coquille 
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
------------------------------------------------------------------------

Sec.  49.10016  Contents of implementation plan.

    The implementation plan for the Coquille 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10017  [Reserved]


Sec.  49.10018  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to 40 CFR 52.21 
and Sec. Sec.  49.151 through 49.173, as applicable.


Sec.  49.10019  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10020  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are incorporated and made part of the 
implementation plan for the Coquille 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 public health 
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.

[[Page 61918]]

    (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 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10021-49.10040  [Reserved]

Implementation Plan for the Cow Creek Band of Umpqua Tribe of Indians, 
Oregon


Sec.  49.10041  Identification of plan.

    This section and Sec. Sec.  49.10042 through 49.10070 contain the 
implementation plan for the Cow Creek Band of Umpqua Tribe of Indians. 
This plan consists of Federal regulations and measures which apply 
within the Cow Creek Umpqua Reservation.


Sec.  49.10042  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Cow Creek Umpqua Reservation.


Sec.  49.10043  [Reserved]


Sec.  49.10044  [Reserved]


Sec.  49.10045  Classification of regions for episode plans.

    The air quality control region which encompasses the Cow Creek 
Umpqua 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
------------------------------------------------------------------------

Sec.  49.10046  Contents of implementation plan.

    The implementation plan for the Cow Creek Umpqua 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10047  [Reserved]


Sec.  49.10048  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10049  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10050  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Cow Creek Umpqua 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10051-49.10070  [Reserved]

Implementation Plan for the Cowlitz Indian Tribe, Washington


Sec.  49.10071  Identification of plan.

    This section and Sec. Sec.  49.10072 through 49.10100 contain the 
implementation plan for the Cowlitz Indian Tribe. This plan consists of 
Federal regulations and measures which apply within the Cowlitz Indian 
Reservation.


Sec.  49.10072  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Cowlitz Indian Reservation.


Sec.  49.10073  [Reserved]


Sec.  49.10074  [Reserved]


Sec.  49.10075  Classification of regions for episode plans.

    The air quality control region which encompasses the Cowlitz Indian 
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...........................................              IA
------------------------------------------------------------------------

Sec.  49.10076  Contents of implementation plan.

    The implementation plan for the Cowlitz 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10077  EPA-approved Tribal rules and plans. [Reserved]


Sec.  49.10078  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10079  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10080  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Cowlitz Indian Reservation:

[[Page 61919]]

    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10081-49.10100  [Reserved]

Implementation Plan for the Confederated Tribes of the Grand Ronde 
Community of Oregon


Sec.  49.10101  Identification of plan.

    This section and Sec. Sec.  49.10102 through 49.10130 contain the 
implementation plan for the Confederated Tribes of the Grand Ronde 
Community. This plan consists of Federal regulations and measures which 
apply within the Grand Ronde Reservation.


Sec.  49.10102  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Grand Ronde Reservation.


Sec.  49.10103  [Reserved]


Sec.  49.10104  [Reserved]


Sec.  49.10105  Classification of regions for episode plans.

    The air quality control region which encompasses the Grand Ronde 
Reservation:

------------------------------------------------------------------------
                        Pollutant                         Classification
------------------------------------------------------------------------
Carbon monoxide.........................................               I
Nitrogen dioxide........................................             III
Ozone...................................................               I
Particulate matter (PM10)...............................               I
Sulfur oxides...........................................              IA
------------------------------------------------------------------------

Sec.  49.10106  Contents of implementation plan.

    The implementation plan for the Grand Ronde 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10107  [Reserved]


Sec.  49.10108  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10109  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10110  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Grand Ronde 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10111-49.10130  [Reserved]

Implementation Plan for the Hoh Indian Tribe, Washington


Sec.  49.10131  Identification of plan.

    This section and Sec. Sec.  49.10132 through 49.10160 contain the 
implementation plan for the Hoh Indian Tribe. This plan consists of 
Federal regulations and measures which apply within the Hoh Indian 
Reservation.


Sec.  49.10132  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Hoh Indian Reservation.


Sec.  49.10133  [Reserved]


Sec.  49.10134  [Reserved]


Sec.  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:

------------------------------------------------------------------------
                        Pollutant                         Classification
------------------------------------------------------------------------
Carbon monoxide.........................................             III
Nitrogen dioxide........................................             III
Ozone...................................................             III
Particulate matter (PM10)...............................              II
Sulfur oxides...........................................              II
------------------------------------------------------------------------

Sec.  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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.

[[Page 61920]]

Sec.  49.10137  [Reserved]


Sec.  49.10138  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10139  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10140  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10141-49.10160  [Reserved]

Implementation Plan for the Jamestown S'klallam Tribe, Washington


Sec.  49.10161  Identification of plan.

    This section and Sec. Sec.  49.10162 through 49.10190 contain the 
implementation plan for the Jamestown S'Klallam Tribe. This plan 
consists of Federal regulations and measures which apply within the 
Jamestown S'Klallam Reservation.


Sec.  49.10162  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Jamestown S'Klallam Reservation.


Sec.  49.10163  [Reserved]


Sec.  49.10164  [Reserved]


Sec.  49.10165  Classification of regions for episode plans.

    The air quality control region which encompasses the Jamestown 
S'Klallam 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
------------------------------------------------------------------------

Sec.  49.10166  Contents of implementation plan.

    The implementation plan for the Jamestown S'Klallam 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10167  [Reserved]


Sec.  49.10168  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10169  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10170  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Jamestown S'Klallam 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10171-49.10190  [Reserved]

Implementation Plan for the Kalispel Indian Community of the Kalispel 
Reservation, Washington


Sec.  49.10191  Identification of plan.

    This section and Sec. Sec.  49.1019192 through 49.10220 contain the 
implementation plan for the Kalispel Indian Community. This plan 
consists of Federal regulations and measures which apply within the 
Kalispel Reservation.


Sec.  49.10192  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Kalispel Reservation.


Sec.  49.10193  [Reserved]


Sec.  49.10194  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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.

[[Page 61921]]

    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10197  [Reserved]


Sec.  49.10198  Permits to construct.

    (a) Permits to construct are required for new stationary sources 
and modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.
    (b) In accordance with section 164 of the Clean Air Act and the 
provisions of 40 CFR 52.21(g), the original Kalispel Reservation, as 
established by Executive Order No. 1904, signed by President Woodrow 
Wilson on March 23, 1914, is designated as a Class I area for the 
purposes of prevention of significant deterioration of air quality.


Sec.  49.10199  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10200  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10201-49.10220  [Reserved]

Implementation Plan for the Klamath Tribes, Oregon


Sec.  49.10221  Identification of plan.

    This section and Sec. Sec.  49.10222 through 49.10250 contain the 
implementation plan for the Klamath Tribes. This plan consists of 
Federal regulations and measures which apply within the Klamath 
Reservation.


Sec.  49.10222  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Klamath Reservation.


Sec.  49.10223  [Reserved]


Sec.  49.10224  [Reserved]


Sec.  49.10225  Classification of regions for episode plans.

    The air quality control region which encompasses the Klamath 
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
------------------------------------------------------------------------

Sec.  49.10226  Contents of implementation plan.

    The implementation plan for the Klamath 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10227  [Reserved]


Sec.  49.10228  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10229  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10230  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Klamath 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10231-49.10250  [Reserved]

Implementation Plan for the Kootenai Tribe of Idaho


Sec.  49.10251  Identification of plan.

    This section and Sec. Sec.  49.10252 through 49.10280 contain the 
implementation plan for the Kootenai Tribe of Idaho. This plan consists 
of Federal regulations and measures which apply within the Kootenai 
Reservation.


Sec.  49.10252  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Kootenai Reservation.


Sec.  49.10253  [Reserved]


Sec.  49.10254  [Reserved]


Sec.  49.10255  Classification of regions for episode plans.

    The air quality control region which encompasses the Kootenai 
Reservation

[[Page 61922]]

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
------------------------------------------------------------------------

Sec.  49.10256  Contents of implementation plan.

    The implementation plan for the Kootenai 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10257  [Reserved]


Sec.  49.10258  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10259  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10260  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Kootenai 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.103261-49.10280  [Reserved]

Implementation Plan for the Lower Elwha Tribal Community, Washington


Sec.  49.10281  Identification of plan.

    This section and Sec. Sec.  49.10282 through 49.10310 contain the 
implementation plan for the Lower Elwha Tribal Community. This plan 
consists of Federal regulations and measures which apply within the 
Lower Elwha Reservation.


Sec.  49.10282  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Lower Elwha Reservation.


Sec.  49.10283  [Reserved]


Sec.  49.10284  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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.
    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10287  [Reserved]


Sec.  49.10288  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10289  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10290  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10291-49.10310  [Reserved]

Implementation Plan for the Lummi Tribe of the Lummi Reservation, 
Washington


Sec.  49.10311  Identification of plan.

    This section and Sec. Sec.  49.10312 through 49.10340 contain the 
implementation plan for the Lummi Tribe of the Lummi Reservation. This 
plan consists of Federal regulations and measures which apply within 
the Lummi Reservation.

[[Page 61923]]

Sec.  49.10312  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Lummi Reservation.


Sec.  49.10313  [Reserved]


Sec.  49.10314  [Reserved]


Sec.  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
Nitrogen dioxide........................................             III
Ozone...................................................             III
Particulate matter (PM10)...............................              II
Sulfur oxides...........................................              II
------------------------------------------------------------------------

Sec.  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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10317  [Reserved]


Sec.  49.10318  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10319  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10320  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10321-49.10340  [Reserved]

Implementation Plan for the Makah Indian Tribe of the Makah Indian 
Reservation, Washington


Sec.  49.10341  Identification of plan.

    This section and Sec. Sec.  49.10342 through 49.10370 contain the 
implementation plan for the Makah Indian Tribe. This plan consists of 
Federal regulations and measures which apply within the Makah Indian 
Reservation.


Sec.  49.10342  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Makah Indian Reservation.


Sec.  49.10343  [Reserved]


Sec.  49.10344  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10347  [Reserved]


Sec.  49.10348  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10349  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10350  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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.
    (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 public 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.

[[Page 61924]]

    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10351-49.10370  [Reserved]

Implementation Plan for the Muckleshoot Indian Tribe, Washington


Sec.  49.10371  Identification of plan.

    This section and Sec. Sec.  49.10372 through 49.10400 contain the 
implementation plan for the Muckleshoot Indian Tribe. This plan 
consists of Federal regulations and measures which apply within the 
Muckleshoot Reservation.


Sec.  49.10372  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Muckleshoot Reservation.


Sec.  49.10373  [Reserved]


Sec.  49.10374  [Reserved]


Sec.  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.........................................             III
Nitrogen dioxide........................................             III
Ozone...................................................               I
Particulate matter (PM10)...............................               I
Sulfur oxides...........................................              IA
------------------------------------------------------------------------

Sec.  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.
    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10377  [Reserved]


Sec.  49.10378  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10379  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10380  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10381-49.10400  [Reserved]

Implementation Plan for the Nez Perce Tribe, Idaho


Sec.  49.10401  Identification of plan.

    This section and Sec. Sec.  49.10402 through 49.10430 contain the 
implementation plan for the Nez Perce Tribe. This plan consists of 
Federal regulations and measures which apply within the Nez Perce 
Reservation, as described in the 1863 Nez Perce Treaty.


Sec.  49.10402  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Nez Perce Reservation.


Sec.  49.10403  [Reserved]


Sec.  49.10404  [Reserved]


Sec.  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
Particulate matter (PM10)...............................               I
Sulfur oxides...........................................             III
------------------------------------------------------------------------

Sec.  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 large 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 49.135 Rule for emissions detrimental to public health 
or welfare.
    (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.
    (q) Section 49.140 Rule for residential wood burning devices.
    (r) Section 49.141 Rule for curtailment of residential wood burning 
devices for specific areas.
    (s) Section 49.143 Permit by rule for small open burning.


Sec.  49.10407  [Reserved]


Sec.  49.10408  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10409  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.

[[Page 61925]]

Sec.  49.10410  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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.
    (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 large 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 49.135 Rule for emissions detrimental to public health 
or welfare.
    (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.
    (q) Section 49.140 Rule for residential wood burning devices.
    (r) Section 49.141 Rule for curtailment of residential wood burning 
devices for specific areas.
    (s) Section 49.143 Permit by rule for small open burning.

    Note 1 to Sec.  49.10410: EPA entered into a Partial Delegation 
of Administrative Authority Agreement with the Nez Perce Tribe on 
June 27, 2005 for the rules listed in paragraphs (b), (i), (j), (k), 
(l), and (n) of this section.

Sec.  49.10411  Permits for large open burning, agricultural burning, 
forestry and silvicultural burning, and permit by rule for small open 
burning.

    (a) From June 7, 2005 through December 31, 2023, small open burns 
and large open burns are subject to the permitting requirements of 
Sec.  49.132.
    (b) Beginning January 1, 2024, large open burns are subject to the 
permitting requirements of Sec.  49.132.
    (c) Beginning June 7, 2005, agricultural burns are subject to the 
permitting requirements of Sec.  49.133.
    (d) Beginning June 7, 2005, forestry and silvicultural burns are 
subject to the permitting requirements of Sec.  49.134.
    (e) Beginning January 1, 2024, small open burns are subject to the 
permitting requirements of Sec.  49.143.


Sec. Sec.  49.10412-49.10430  [Reserved]

Implementation Plan for the Nisqually Indian Tribe, Washington


Sec.  49.10431  Identification of plan.

    This section and Sec. Sec.  49.10432 through 49.10460 contain the 
implementation plan for the Nisqually Indian Tribe. This plan consists 
of Federal regulations and measures which apply within the Nisqually 
Reservation.


Sec.  49.10432  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Nisqually Reservation.


Sec.  49.10433  [Reserved]


Sec.  49.10434  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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.
    (h) Section 49.135 Rule for emissions detrimental to public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10437  [Reserved]


Sec.  49.10438  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and40 CFR 52.21, as applicable.


Sec.  49.10439  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10440  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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.
    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10441-49.10460  [Reserved]

Implementation Plan for the Nooksack Indian Tribe, Washington


Sec.  49.10461  Identification of plan.

    This section and Sec. Sec.  49.10462 through 49.10490 contain the 
implementation plan for the Nooksack Indian Tribe. This plan consists 
of Federal regulations and measures which apply within the Reservation 
of the Nooksack Indian Tribe.


Sec.  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.


Sec.  49.10463  [Reserved]


Sec.  49.10464  [Reserved]


Sec.  49.10465  Classification of regions for episode plans.

    The air quality control region which encompasses the Reservation of 
the

[[Page 61926]]

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
------------------------------------------------------------------------

Sec.  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.
    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10467  [Reserved]


Sec.  49.10468  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, 40 CFR 52.21, as applicable.


Sec.  49.10469  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10470  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10471-49.10490  [Reserved]

Implementation Plan for the Port Gamble S'klallam Tribe, Washington


Sec.  49.10491  Identification of plan.

    This section and Sec. Sec.  49.10492 through 49.10520 contain the 
implementation plan for the Port Gamble S'Klallam Tribe. This plan 
consists of Federal regulations and measures which apply within the 
Port Gamble S'Klallam Reservation.


Sec.  49.10492  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Port Gamble S'Klallam Reservation.


Sec.  49.10493  [Reserved]


Sec.  49.10494  [Reserved]


Sec.  49.10495  Classification of regions for episode plans.

    The air quality control region which encompasses the Port Gamble 
S'Klallam Reservation is classified as follows for purposes of episode 
plans:

------------------------------------------------------------------------
                        Pollutant                         Classification
------------------------------------------------------------------------
Carbon monoxide.........................................             III
Nitrogen dioxide........................................             III
Ozone...................................................               I
Particulate matter (PM10)...............................               I
Sulfur oxides...........................................              IA
------------------------------------------------------------------------

Sec.  49.10496  Contents of implementation plan.

    The implementation plan for the Port Gamble S'Klallam 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10497  EPA-approved Tribal rules and plans. [Reserved]


Sec.  49.10498  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10499  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10500  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Port Gamble S'Klallam 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10501-49.10520  [Reserved]

Implementation Plan for the Puyallup Tribe of the Puyallup Reservation, 
Washington


Sec.  49.10521  Identification of plan.

    This section and Sec. Sec.  49.10522 through 49.10550 contain the 
implementation

[[Page 61927]]

plan for the Puyallup Tribe of the Puyallup Reservation. This plan 
consists of 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).


Sec.  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.


Sec.  49.10523  [Reserved]


Sec.  49.10524  [Reserved]


Sec.  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.........................................             III
Nitrogen dioxide........................................             III
Ozone...................................................               I
Particulate matter (PM10)...............................               I
Sulfur oxides...........................................              IA
------------------------------------------------------------------------

Sec.  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.
    (h) Section 49.135 Rule for emissions detrimental to public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10527  [Reserved]


Sec.  49.10528  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10529  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10530  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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.
    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10531-49.10550  [Reserved]

Implementation Plan For The Quileute Tribe Of The Quileute Reservation, 
Washington


Sec.  49.10551  Identification of plan.

    This section and Sec. Sec.  49.10552 through 49.10580 contain the 
implementation plan for the Quileute Tribe. This plan consists of 
Federal regulations and measures which apply within the Quileute 
Reservation.


Sec.  49.10552  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Quileute Reservation.


Sec.  49.10553  [Reserved]


Sec.  49.10554  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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.
    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10557  [Reserved]


Sec.  49.10558  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10559  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10560  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Quileute Reservation:
    (a) Section 49.123 General provisions.

[[Page 61928]]

    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10561-49.10580  [Reserved]

Implementation Plan For The Quinault Indian Nation, Washington


Sec.  49.10581  Identification of plan.

    This section and Sec. Sec.  49.10582 through 49.10610 contain the 
implementation plan for the Quinault Indian Nation. This plan consists 
of Federal regulations and measures which apply within the Quinault 
Indian Reservation.


Sec.  49.10582  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Quinault Indian Reservation.


Sec.  49.10583  [Reserved]


Sec.  49.10584  [Reserved]


Sec.  49.10585  Classification of regions for episode plans.

    The air quality control region which encompasses the Quinault 
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
------------------------------------------------------------------------

Sec.  49.10586  Contents of implementation plan.

    The implementation plan for the Quinault 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10587  [Reserved]


Sec.  49.10588  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10589  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10590  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Quinault 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.

    Note 1 to Sec.  49.10590: EPA entered into a Partial Delegation 
of Administrative Authority Agreement with the Quinault Indian 
Nation on October 4, 2007 for the rules listed in paragraphs (b), 
(g), and (i) of this section.

Sec. Sec.  49.10591-49.10610  [Reserved]

Implementation Plan for the Samish Indian Nation, Washington


Sec.  49.10611  Identification of plan.

    This section and Sec. Sec.  49.10612 through 49.10640 contain the 
implementation plan for the Samish Indian Nation. This plan consists of 
Federal regulations and measures which apply within the Samish Indian 
Nation Reservation.

    Note 1 to Sec.  49.10611: As of [DATE OF PUBLICATION OF THE 
FINAL RULE], the Samish Indian Nation Reservation is comprised only 
of lands held in trust for the Samish Indian Nation.

Sec.  49.10612  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the lands held in trust for the Samish Indian 
Nation Reservation.


Sec.  49.10613  [Reserved]


Sec.  49.10614  [Reserved]


Sec.  49.10615  Classification of regions for episode plans.

    The air quality control region which encompasses the lands held in 
trust for the Samish Indian Nation 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
------------------------------------------------------------------------

Sec.  49.10616  Contents of implementation plan.

    The implementation plan for the lands held in trust for the Samish 
Indian Nation 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 public 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.

[[Page 61929]]

    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10617  [Reserved]


Sec.  49.10618  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10619  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10620  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the lands held in trust for the Samish Indian 
Nation 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10621-49.10640  [Reserved]

Implementation Plan for the Sauk-Suiattle Indian Tribe, Washington


Sec.  49.10641  Identification of plan.

    This section and Sec. Sec.  49.10642 through 49.10670 contain the 
implementation plan for the Sauk-Suiattle Indian Tribe. This plan 
consists of Federal regulations and measures which apply within the 
Reservation of the Sauk-Suiattle Indian Tribe.


Sec.  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 Indian 
Tribe.


Sec.  49.10643  [Reserved]


Sec.  49.10644  [Reserved]


Sec.  49.10645  Classification of regions for episode plans.

    The air quality control region which encompasses the Reservation of 
the Sauk-Suiattle Indian Tribe is classified as follows for purposes of 
episode plans:

------------------------------------------------------------------------
                        Pollutant                         Classification
------------------------------------------------------------------------
Carbon monoxide.........................................             III
Nitrogen dioxide........................................             III
Ozone...................................................               I
Particulate matter (PM10)...............................               I
Sulfur oxides...........................................              IA
------------------------------------------------------------------------

Sec.  49.10646  Contents of implementation plan.

    The implementation plan for the Reservation of the Sauk-Suiattle 
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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10647  [Reserved]


Sec.  49.10648  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10649  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10650  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Reservation of the Sauk-Suiattle 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10651-49.10670  [Reserved]

Implementation Plan for the Shoalwater Bay Indian Tribe of the 
Shoalwater Bay Indian Reservation, Washington


Sec.  49.10671  Identification of plan.

    This section and Sec. Sec.  49.10672 through 49.10700 contain the 
implementation plan for the Shoalwater Bay Indian Tribe of the 
Shoalwater Bay Indian Reservation. This plan consists of Federal 
regulations and measures which apply within the Shoalwater Bay Indian 
Reservation.


Sec.  49.10672  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Shoalwater Bay Indian Reservation.


Sec.  49.10673  [Reserved]


Sec.  49.10674  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  49.10676  Contents of implementation plan.

    The implementation plan for the Shoalwater Bay Indian Reservation

[[Page 61930]]

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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10677  [Reserved]


Sec.  49.10678  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.2, as applicable.


Sec.  49.10679  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10680  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10681-49.10700  [Reserved]

Implementation Plan for the Shoshone-Bannock Tribes of the Fort Hall 
Reservation, Idaho


Sec.  49.10701  Identification of plan.

    This section and Sec. Sec.  49.10702 through 49.10730 contain the 
implementation plan for the Shoshone-Bannock Tribes of the Fort Hall 
Reservation. This plan consists of Federal regulations and measures 
which apply within the Fort Hall Reservation.


Sec.  49.10702  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Fort Hall Reservation.


Sec.  49.10703  [Reserved]


Sec.  49.10704  [Reserved]


Sec.  49.10705  Classification of regions for episode plans.

    The air quality control region which encompasses the Fort Hall 
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
------------------------------------------------------------------------

Sec.  49.10706  Contents of implementation plan.

    The implementation plan for the Fort Hall 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.
    (m) 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.


Sec.  49.10707  [Reserved]


Sec.  49.10708  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10709  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10710  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Fort Hall 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.
    (m) 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.
0
6. Revise Sec. Sec.  49.10731 through 49.10956 to read as follows:
* * * * *
Sec.
Implementation Plan for the Confederated Tribes of Siletz Indians of 
Oregon
49.10731 Identification of plan.
49.10732 Approval status.
49.10733 [Reserved]
49.10734 [Reserved]
49.10735 Classification of regions for episode plans.
49.10736 Contents of implementation plan.

[[Page 61931]]

49.10737 [Reserved]
49.10738 Permits to construct.
49.10739 Permits to operate.
49.10740 Federally-promulgated regulations and Federal 
implementation plans.
49.10741-49.10760 [Reserved]
Implementation Plan for the Skokomish Indian Tribe, Washington
49.10761 Identification of plan.
49.10762 Approval status.
49.10763 [Reserved]
49.10764 [Reserved]
49.10765 Classification of regions for episode plans.
49.10766 Contents of implementation plan.
49.10767 [Reserved]
49.10768 Permits to construct.
49.10769 Permits to operate.
49.10770 Federally-promulgated regulations and Federal 
implementation plans.
49.10771-49.10790 [Reserved]
Implementation Plan for the Snoqualmie Indian Tribe, Washington
49.10791 Identification of plan.
49.10792 Approval status.
49.10793 [Reserved]
49.10794 [Reserved]
49.10795 Classification of regions for episode plans.
49.10796 Contents of implementation plan.
49.10797 [Reserved]
49.10798 Permits to construct.
49.10799 Permits to operate.
49.10800 Federally-promulgated regulations and Federal 
implementation plans.
49.10801-49.10820 [Reserved]
Implementation Plan for the Spokane Tribe of the Spokane Reservation, 
Washington
49.10821 Identification of plan.
49.10822 Approval status.
49.10823 [Reserved]
49.10824 [Reserved]
49.10825 Classification of regions for episode plans.
49.10826 Contents of implementation plan.
49.10827 [Reserved]
49.10828 Permits to construct.
49.10829 Permits to operate.
49.10830 Federally-promulgated regulations and Federal 
implementation plans.
49.10831-49.10850 [Reserved]
Implementation Plan for the Squaxin Island Tribe of the Squaxin Island 
Reservation, Washington
49.10851 Identification of plan.
49.10852 Approval status.
49.10853 [Reserved]
49.10854 [Reserved]
49.10855 Classification of regions for episode plans.
49.10856 Contents of implementation plan.
49.10857 [Reserved]
49.10858 Permits to construct.
49.10859 Permits to operate.
49.10860 Federally-promulgated regulations and Federal 
implementation plans.
49.10861-49.10880 [Reserved]
Implementation Plan for the Stillaguamish Tribe of Indians of 
Washington
49.10881 Identification of plan.
49.10882 Approval status.
49.10883 [Reserved]
49.10884 [Reserved]
49.10885 Classification of regions for episode plans.
49.10886 Contents of implementation plan.
49.10887 [Reserved]
49.10888 Permits to construct.
49.10889 Permits to operate.
49.10890 Federally-promulgated regulations and Federal 
implementation plans.
49.10891-49.10920 [Reserved]
Implementation Plan for the Suquamish Indian Tribe of the Port Madison 
Reservation, Washington
49.10921 Identification of plan.
49.10922 Approval status.
49.10923 [Reserved]
49.10924 [Reserved]
49.10925 Classification of regions for episode plans.
49.10926 Contents of implementation plan.
49.10927 [Reserved]
49.10928 Permits to construct.
49.10929 Permits to operate.
49.10930 Federally-promulgated regulations and Federal 
implementation plans.
49.10931-49.10950 [Reserved]
Implementation Plan for the Swinomish Indian Tribal Community, 
Washington
49.10951 Identification of plan.
49.10952 Approval status.
49.10953 [Reserved]
49.10954 [Reserved]
49.10955 Classification of regions for episode plans.
49.10956 Contents of implementation plan.
* * * * *

Implementation Plan for the Confederated Tribes of Siletz Indians of 
Oregon


Sec.  49.10731  Identification of plan.

    This section and Sec. Sec.  49.10732 through 49.10760 contain the 
implementation plan for the Confederated Tribes of Siletz Indians. This 
plan consists of Federal regulations and measures which apply within 
the Siletz Reservation.


Sec.  49.10732  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Siletz Reservation.


Sec.  49.10733  [Reserved]


Sec.  49.10734  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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.
    (h) Section 49.135 Rule for emissions detrimental to public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10737  [Reserved]


Sec.  49.10738  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10739  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10740  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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.
    (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.

[[Page 61932]]

    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10741-49.10760  [Reserved]

Implementation Plan for the Skokomish Indian Tribe, Washington


Sec.  49.10761  Identification of plan.

    This section and Sec. Sec.  49.10762 through 49.10790 contain the 
implementation plan for the Skokomish Indian Tribe. This plan consists 
of Federal regulations and measures which apply within the Skokomish 
Reservation.


Sec.  49.10762  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Skokomish Reservation.


Sec.  49.10763  [Reserved]


Sec.  49.10764  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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.
    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10767  [Reserved]


Sec.  49.10768  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21 and, as applicable.


Sec.  49.10769  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10770  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10771-49.10790  [Reserved]

Implementation Plan for the Snoqualmie Indian Tribe, Washington


Sec.  49.10791  Identification of plan.

    This section and Sec. Sec.  49.10792 through 49.10820 contain the 
implementation plan for the Snoqualmie Indian Tribe. This plan consists 
of Federal regulations and measures which apply within the Snoqualmie 
Indian Reservation.


Sec.  49.10792  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Snoqualmie Indian Reservation.


Sec.  49.10793  [Reserved]


Sec.  49.10794  [Reserved]


Sec.  49.10795  Classification of regions for episode plans.

    The air quality control region which encompasses the Snoqualmie 
Indian Reservation is classified as follows for purposes of episode 
plans:

------------------------------------------------------------------------
                        Pollutant                         Classification
------------------------------------------------------------------------
Carbon monoxide.........................................             III
Nitrogen dioxide........................................             III
Ozone...................................................               I
Particulate matter (PM10)...............................               I
Sulfur oxides...........................................              IA
------------------------------------------------------------------------

Sec.  49.10796  Contents of implementation plan.

    The implementation plan for the Snoqualmie 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10797  [Reserved]


Sec.  49.10798  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10799  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10800  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation

[[Page 61933]]

plan for the Snoqualmie 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10801-49.10820  [Reserved]

Implementation Plan for the Spokane Tribe of the Spokane Reservation, 
Washington


Sec.  49.10821  Identification of plan.

    This section and Sec. Sec.  49.10822 through 49.10850 contain the 
implementation plan for the Spokane Tribe. This plan consists of 
Federal regulations and measures which apply within the Spokane 
Reservation.


Sec.  49.10822  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Spokane Reservation.


Sec.  49.10823  [Reserved]


Sec.  49.10824  [Reserved]


Sec.  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
Nitrogen dioxide........................................             III
Ozone...................................................             III
Particulate matter (PM10)...............................              II
Sulfur oxides...........................................             III
------------------------------------------------------------------------

Sec.  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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10827  [Reserved]


Sec.  49.10828  Permits to construct.

    (a) Permits to construct are required for new stationary sources 
and modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.
    (b) In accordance with section 164 of the Clean Air Act and the 
provisions of 40 CFR 52.21(g), the Spokane Indian Reservation is 
designated as a Class I area for the purposes of preventing significant 
deterioration of air quality.


Sec.  49.10829  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10830  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10831-49.10850  [Reserved]

Implementation Plan for the Squaxin Island Tribe of the Squaxin Island 
Reservation, Washington


Sec.  49.10851  Identification of plan.

    This section and Sec. Sec.  49.10852 through 49.10880 contain the 
implementation plan for the Squaxin Island Tribe of the Squaxin Island 
Reservation. This plan consists of Federal regulations and measures 
which apply within the Squaxin Island Reservation.


Sec.  49.10852  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Squaxin Island Reservation.


Sec.  49.10853  [Reserved]


Sec.  49.10854  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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 public 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.

[[Page 61934]]

    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10857  [Reserved]


Sec.  49.10858  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, 40 CFR 52.21, as applicable.


Sec.  49.10859  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10860  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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.
    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10861-49.10880  [Reserved]

Implementation Plan for the Stillaguamish Tribe of Indians of 
Washington


Sec.  49.10881  Identification of plan.

    This section and Sec. Sec.  49.10882 through 49.10920 contain the 
implementation plan for the Stillaguamish Tribe of Indians. This plan 
consists of Federal regulations and measures which apply within the 
Reservation of the Stillaguamish Tribe of Indians.


Sec.  49.10882  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Reservation of the Stillaguamish Tribe of 
Indians.


Sec.  49.10883  [Reserved]


Sec.  49.10884  [Reserved]


Sec.  49.10885  Classification of regions for episode plans.

    The air quality control region which encompasses the Reservation of 
the Stillaguamish Tribe of Indians is classified as follows for 
purposes of episode plans:

------------------------------------------------------------------------
                        Pollutant                         Classification
------------------------------------------------------------------------
Carbon monoxide.........................................             III
Nitrogen dioxide........................................             III
Ozone...................................................               I
Particulate matter (PM10)...............................               I
Sulfur oxides...........................................              IA
------------------------------------------------------------------------

Sec.  49.10886  Contents of implementation plan.

    The implementation plan for the Reservation of the Stillaguamish 
Tribe of 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10887  [Reserved]


Sec.  49.10888  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10889  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10890  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Reservation of the Stillaguamish Tribe of 
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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10891-49.10920  [Reserved]

Implementation Plan for the Suquamish Indian Tribe of the Port Madison 
Reservation, Washington


Sec.  49.10921  Identification of plan.

    This section and Sec. Sec.  49.10922 through 49.10950 contain the 
implementation plan for the Suquamish Indian Tribe of the Port Madison 
Reservation. This plan consists of Federal regulations and measures 
which apply within the Port Madison Reservation.


Sec.  49.10922  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Port Madison Reservation.


Sec.  49.10923  [Reserved]


Sec.  49.10924  [Reserved]


Sec.  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
Ozone...................................................             III
Particulate matter (PM10)...............................              II
Sulfur oxides...........................................              II
------------------------------------------------------------------------

Sec.  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.

[[Page 61935]]

    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10927  [Reserved]


Sec.  49.10928  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10929  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10930  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10931-49.10950  [Reserved]

Implementation Plan for the Swinomish Indian Tribal Community, 
Washington


Sec.  49.10951  Identification of plan.

    This section and Sec. Sec.  49.10952 through 49.10980 contain the 
implementation plan for the Swinomish Indian Tribal Community. This 
plan consists of a combination of Tribal rules and measures and Federal 
regulations and measures which apply within the Swinomish Reservation.


Sec.  49.10952  Approval status.

    The implementation plan for the Swinomish Reservation includes the 
EPA-approved Tribal rules and measures incorporated by reference in 
Sec.  49.10957.


Sec.  49.10953  [Reserved]


Sec.  49.10954  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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) [Reserved]
    (h) Section 49.135 Rule for emissions detrimental to public 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.
    (l) Section 49.140 Rule for residential wood burning devices.
    (m) The EPA-approved Tribal open burning rules and measures 
approved in Sec.  49.10957 of this chapter.
    (1) Title, authority, jurisdiction, definitions.
    (2) Open burning.
    (3) Public involvement.
    (4) Appeals.
    (5) Repealer, severability and effective date.
    (6) Enforcement.
    (7) Hearings, Appeals, computation of time and law applicable.
    7. Amend Sec.  49.10957 by revising the last sentence of paragraph 
(b)(3) to read as follows:


Sec.  49.10957  EPA-approved Tribal rules and plans.

* * * * *
    (b) * * *
    (3) * * * For information on the availability of this material at 
NARA, contact the Office of the Federal Register--email: 
[email protected]; website: www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
0
8. Revise Sec. Sec.  49.10958 through 49.11111 to read as follows:
Sec.
* * * * *
49.10958 Permits to construct.
49.10959 Permits to operate.
49.10960 Federally-promulgated regulations and Federal 
implementation plans.
49.10961-49.10980 [Reserved]
Implementation Plan for the Tulalip Tribes of Washington
49.10981 Identification of plan.
49.10982 Approval status.
49.10983 [Reserved]
49.10984 [Reserved]
49.10985 Classification of regions for episode plans.
49.10986 Contents of implementation plan.
49.10987 [Reserved]
49.10988 Permits to construct.
49.10989 Permits to operate.
49.10990 Federally-promulgated regulations and Federal 
implementation plans.
49.10991-49.11010 [Reserved]
Implementation Plan for the Confederated Tribes of the Umatilla Indian 
Reservation, Oregon
49.11011 Identification of plan.
49.11012 Approval status.
49.11013 [Reserved]
49.11014 [Reserved]
49.11015 Classification of regions for episode plans.
49.11016 Contents of implementation plan.
49.11017 [Reserved]
49.11018 Permits to construct.
49.11019 Permits to operate.
49.11020 Federally-promulgated regulations and Federal 
implementation plans.
49.11021 Permits for large open burning, agricultural burning, 
forestry and

[[Page 61936]]

silvicultural burning, and small open burning annual permits.
49.11022-49.11040 [Reserved]
Implementation Plan for the Upper Skagit Indian Tribe, Washington
49.11041 Identification of plan.
49.11042 Approval status.
49.11043 [Reserved]
49.11044 [Reserved]
49.11045 Classification of regions for episode plans.
49.11046 Contents of implementation plan.
49.11047 [Reserved]
49.11048 Permits to construct.
49.11049 Permits to operate.
49.11050 Federally-promulgated regulations and Federal 
implementation plans.
49.11051-49.11070 [Reserved]
Implementation Plan for the Confederated Tribes of the Warm Springs 
Reservation of Oregon
49.11071 Identification of plan.
49.11072 Approval status.
49.11073 [Reserved]
49.11074 [Reserved]
49.11075 Classification of regions for episode plans.
49.11076 Contents of implementation plan.
49.11077 [Reserved]
49.11078 Permits to construct.
49.11079 Permits to operate.
49.11080 Federally-promulgated regulations and Federal 
implementation plans.
49.11081-49.11100 [Reserved]
Implementation Plan for the Confederated Tribes and Bands of the Yakama 
Nation, Washington
49.11101 Identification of plan.
49.11102 Approval status.
49.11103 [Reserved]
49.11104 [Reserved]
49.11105 Classification of regions for episode plans.
49.11106 Contents of implementation plan.
49.11107 [Reserved]
49.11108 Permits to construct.
49.11109 Permits to operate.
49.11110 Federally-promulgated regulations and Federal 
implementation plans.
49.11111 Permits for large open burning, agricultural burning and 
small open burning annual permits.
* * * * *


Sec.  49.10958  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10959  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10960  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) [Reserved]
    (h) Section 49.135 Rule for emissions detrimental to public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.10961-49.10980  [Reserved]

Implementation Plan for the Tulalip Tribes of Washington


Sec.  49.10981  Identification of plan.

    This section and Sec. Sec.  49.10982 through 49.11010 contain the 
implementation plan for the Tulalip Tribes. This plan consists of 
Federal regulations and measures which apply within the Tulalip 
Reservation.


Sec.  49.10982  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Tulalip Reservation.


Sec.  49.10983  [Reserved]


Sec.  49.10984  [Reserved]


Sec.  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.........................................             III
Nitrogen dioxide........................................             III
Ozone...................................................               I
Particulate matter (PM10)...............................               I
Sulfur oxides...........................................              IA
------------------------------------------------------------------------

Sec.  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.
    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.10987  [Reserved]


Sec.  49.10988  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.10989  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.10990  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.

[[Page 61937]]

Sec. Sec.  49.10991-49.11010  [Reserved]

Implementation Plan for the Confederated Tribes of the Umatilla Indian 
Reservation, Oregon


Sec.  49.11011  Identification of plan.

    This section and Sec. Sec.  49.11012 through 49.11040 contain the 
implementation plan for the Confederated Tribes of the Umatilla Indian 
Reservation. This plan consists of Federal regulations and measures 
which apply within the Umatilla Indian Reservation.


Sec.  49.11012  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Umatilla Indian Reservation.


Sec.  49.11013  [Reserved]


Sec.  49.11014  [Reserved]


Sec.  49.11015  Classification of regions for episode plans.

    The air quality control region which encompasses the Umatilla 
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...........................................             III
------------------------------------------------------------------------

Sec.  49.11016  Contents of implementation plan.

    The implementation plan for the Umatilla 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 49.132 Rule for large 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 49.135 Rule for emissions detrimental to public health 
or welfare.
    (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.
    (o) Section 49.140 Rule for residential wood burning devices.
    (p) Section 49.142 Rule for small open burning annual permits.


Sec.  49.11017  [Reserved]


Sec.  49.11018  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.11019  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.11020  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Umatilla 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 49.132 Rule for large 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 49.135 Rule for emissions detrimental to public health 
or welfare.
    (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.
    (o) Section 49.140 Rule for residential wood burning devices.
    (p) Section 49.142 Rule for small open burning annual permits.

    Note 1 to Sec.  49.11020: EPA entered into a Partial Delegation 
of Administrative Authority Agreement with the Confederated Tribes 
of the Umatilla Indian Reservation on August 21, 2006 for the rules 
listed in paragraphs (a), (g), (h), (i), (j) and (l) of this 
section.

Sec.  49.11021  Permits for large open burning, agricultural burning, 
forestry and silvicultural burning, and small open burning annual 
permits.

    (a) From June 7, 2005 through December 31, 2023, small open burns 
and large open burns are subject to the permitting requirements of 
Sec.  49.132.
    (b) Beginning January 1, 2024, large open burns are subject to the 
permitting requirements of Sec.  49.132.
    (c) Beginning January 1, 2007, agricultural burns are subject to 
the permitting requirements of Sec.  49.133.
    (d) Beginning January 1, 2007, forestry or silvicultural burns are 
subject to the permitting requirements of Sec.  49.134.
    (e) Beginning January 1, 2024, small open burns are subject to the 
permitting requirements of Sec.  49.142.


Sec. Sec.  49.11022-49.11040  [Reserved]

Implementation Plan for the Upper Skagit Indian Tribe, Washington


Sec.  49.11041  Identification of plan.

    This section and Sec. Sec.  49.11042 through 49.11070 contain the 
implementation plan for the Upper Skagit Indian Tribe. This plan 
consists of Federal regulations and measures which apply within the 
Upper Skagit Reservation.


Sec.  49.11042  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Upper Skagit Reservation.


Sec.  49.11043  [Reserved]


Sec.  49.11044  [Reserved]


Sec.  49.11045  Classification of regions for episode plans.

    The air quality control region which encompasses the Upper Skagit 
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
------------------------------------------------------------------------

Sec.  49.11046  Contents of implementation plan.

    The implementation plan for the Upper Skagit 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.

[[Page 61938]]

    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.11047  [Reserved]


Sec.  49.11048  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.11049  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.11050  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Upper Skagit 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 public 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
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.11051-49.11070  [Reserved]

Implementation Plan for the Confederated Tribes of the Warm Springs 
Reservation of Oregon


Sec.  49.11071  Identification of plan.

    This section and Sec. Sec.  49.11072 through 49.11100 contain the 
implementation plan for the Confederated Tribes of the Warm Springs 
Reservation. This plan consists of Federal regulations and measures 
which apply within the Warm Springs Reservation.


Sec.  49.11072  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Warm Springs Reservation.


Sec.  49.11073  [Reserved]


Sec.  49.11074  [Reserved]


Sec.  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
------------------------------------------------------------------------

Sec.  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.
    (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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec.  49.11077  [Reserved]


Sec.  49.11078  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.11079  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  49.11080  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are adopted and made part of the 
implementation plan for the Warm Springs 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 public 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.
    (l) Section 49.140 Rule for residential wood burning devices.


Sec. Sec.  49.11081-49.11100  [Reserved]

Implementation Plan for the Confederated Tribes and Bands of the Yakama 
Nation, Washington


Sec.  49.11101  Identification of plan.

    This section and Sec. Sec.  49.11102 through 49.11130 contain the 
implementation plan for the Confederated Tribes and Bands of the Yakama 
Nation. This plan consists of Federal regulations and measures which 
apply within the Yakama Reservation.


Sec.  49.11102  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Yakama Reservation.


Sec.  49.11103  [Reserved]


Sec.  49.11104  [Reserved]


Sec.  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

[[Page 61939]]

 
Ozone...................................................             III
Particulate matter (PM10)...............................               I
Sulfur oxides...........................................             III
------------------------------------------------------------------------

Sec.  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 49.132 Rule for large open burning permits.
    (i) Section 49.133 Rule for agricultural burning permits.
    (j) Section 49.135 Rule for emissions detrimental to public 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.
    (n) Section 49.140 Rule for residential wood burning devices.
    (o) Section 49.141 Rule for curtailment of residential wood burning 
devices for specific areas.
    (p) Section 49.142 Rule for small open burning annual permits.


Sec.  49.11107  [Reserved]


Sec.  49.11108  Permits to construct.

    Permits to construct are required for new stationary sources and 
modifications to existing stationary sources pursuant to Sec. Sec.  
49.151 through 49.173, and 40 CFR 52.21, as applicable.


Sec.  49.11109  Permits to operate.

    Permits to operate are required for sources in accordance with the 
requirements of Sec.  49.139.


Sec.  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 49.132 Rule for large open burning permits.
    (i) Section 49.133 Rule for agricultural burning permits.
    (j) Section 49.135 Rule for emissions detrimental to public 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.
    (n) Section 49.140 Rule for residential wood burning devices.
    (o) Section 49.141 Rule for curtailment of residential wood burning 
devices for specific areas.
    (p) Section 49.142 Rule for small open burning annual permits.


Sec.  49.11111  Permits for large open burning, agricultural burning 
and small open burning annual permits.

    (a) Beginning [date to be determined] large open burns are subject 
to the permitting requirements of Sec.  49.132.
    (b) Beginning [date to be determined], agricultural burns are 
subject to the permitting requirements of Sec.  49.133.
    (c) Beginning [date to be determined], small open burns are subject 
to the permitting requirements of Sec.  49.142.
0
9. Designate the appendix to subpart M of part 49 as appendix A to 
subpart M of part 49 and revise newly-designated appendix A to read as 
follows:

Appendix A to Subpart M--Alphabetical Listing of Tribes and 
Corresponding Sections

------------------------------------------------------------------------
                                     Refer to the following  sections in
           Indian tribe                           subpart M
------------------------------------------------------------------------
Burns Paiute Tribe, Oregon........  Sec.  Sec.   49.9861 to 49.9890.
Chehalis Reservation, Washington--  Sec.  Sec.   49.9891 to 49.9920.
 Confederated Tribes of the.
Coeur D'Alene Tribe, Idaho........  Sec.  Sec.   49.9921 to 49.9950.
Colville Reservation, Washington--  Sec.  Sec.   49.9951 to 49.9980.
 Confederated Tribes of the.
Coos, Lower Umpqua and Siuslaw      Sec.  Sec.   49.9981 to 49.10010.
 Indians, Oregon--Confederated
 Tribes of the.
Coquille Indian Tribe, Oregon.....  Sec.  Sec.   49.10011 to 49.10040.
Cow Creek Band of Umpqua Tribe of   Sec.  Sec.   49.10041 to 49.10070.
 Indians Oregon.
Cowlitz Indian Tribe, Washington..  Sec.  Sec.   49.10071 to 49.10100.
Grand Ronde Community of Oregon--   Sec.  Sec.   49.10101 to 49.10130.
 Confederated Tribes of the.
Hoh Indian Tribe, Washington......  Sec.  Sec.   49.10131 to 49.10160.
Jamestown S'Klallam Tribe,          Sec.  Sec.   49.10161 to 49.10190.
 Washington.
Kalispel Indian Community of the    Sec.  Sec.   49.10191 to 49.10220.
 Kalispel Reservation, Washington.
Klamath Tribes, Oregon............  Sec.  Sec.   49.10221 to 49.10250.
Kootenai Tribe of Idaho...........  Sec.  Sec.   49.10251 to 49.10280.
Lower Elwha Tribal Community,       Sec.  Sec.   49.10281 to 49.10310.
 Washington.
Lummi Tribe of the Lummi            Sec.  Sec.   49.10311 to 49.10340.
 Reservation, Washington.
Makah Indian Tribe of the Makah     Sec.  Sec.   49.10341 to 49.10370.
 Indian Reservation, Washington.
Muckleshoot Indian Tribe,           Sec.  Sec.   49.10371 to 49.10400.
 Washington.
Nez Perce Tribe, Idaho............  Sec.  Sec.   49.10401 to 49.10430.
Nisqually Indian Tribe, Washington  Sec.  Sec.   49.10431 to 49.10460.
Nooksack Indian Tribe, Washington.  Sec.  Sec.   49.10461 to 49.10490.
Port Gamble S'Klallam Tribe,        Sec.  Sec.   49.10491 to 49.10520.
 Washington.
Puyallup Tribe of the Puyallup      Sec.  Sec.   49.10521 to 49.10550.
 Reservation, Washington.
Quileute Tribe of the Quileute      Sec.  Sec.   49.10551 to 49.10580.
 Reservation, Washington.
Quinault Indian Nation, Washington  Sec.  Sec.   49.10581 to 49.10610.
Samish Indian Nation, Washington..  Sec.  Sec.   49.10611 to 49.10640.
Sauk-Suiattle Indian Tribe,         Sec.  Sec.   49.10641 to 49.10670.
 Washington.
Shoalwater Bay Tribe of the         Sec.  Sec.   49.10671 to 49.10700.
 Shoalwater Bay Indian
 Reservation, Washington.

[[Page 61940]]

 
Shoshone-Bannock Tribes of the      Sec.  Sec.   49.10701 to 49.10730.
 Fort Hall Reservation, Idaho.
Siletz Indians of Oregon--          Sec.  Sec.   49.10731 to 49.10760.
 Confederated Tribes of.
Skokomish Indian Tribe, Washington  Sec.  Sec.   49.10761 to 49.10790.
Snoqualmie Indian Tribe,            Sec.  Sec.   49.10791 to 49.10820.
 Washington.
Spokane Tribe of the Spokane        Sec.  Sec.   49.10821 to 49.10850.
 Reservation, Washington.
Squaxin Island Tribe of the         Sec.  Sec.   49.10851 to 49.10880.
 Squaxin Island Reservation,
 Washington.
Stillaguamish Tribe of Indians of   Sec.  Sec.   49.10881 to 49.10920.
 Washington.
Suquamish Indian Tribe of the Port  Sec.  Sec.   49.10921 to 49.10950.
 Madison Reservation, Washington.
Swinomish Indian Tribal Community,  Sec.  Sec.   49.10951 to 49.10980.
 Washington.
Tulalip Tribes of Washington......  Sec.  Sec.   49.10981 to 49.11010.
Umatilla Indian Reservation,        Sec.  Sec.   49.11011 to 49.11040.
 Oregon--Confederated Tribes of
 the.
Upper Skagit Indian Tribe,          Sec.  Sec.   49.11041 to 49.11070.
 Washington.
Warm Springs Reservation of         Sec.  Sec.   49.11071 to 49.11100.
 Oregon--Confederated Tribes of
 the.
Yakama Nation, Washington--         Sec.  Sec.   49.11101 to 49.11130.
 Confederated Tribes and Bands of
 the.
------------------------------------------------------------------------


[FR Doc. 2022-20486 Filed 10-11-22; 8:45 am]
BILLING CODE 6560-50-P


