[Federal Register Volume 67, Number 51 (Friday, March 15, 2002)]
[Proposed Rules]
[Pages 11748-11801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4140]
[[Page 11747]]
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Part II
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. 67, No. 51 / Friday, March 15, 2002 /
Proposed Rules
[[Page 11748]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[Docket #: A-2000-25; FRL-7147-9]
RIN 2012-AA01
Federal Implementation Plans Under the Clean Air Act for Indian
Reservations in Idaho, Oregon and Washington
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to
promulgate Federal Implementation Plans (FIPs) under the Clean Air Act
(CAA) for Indian reservations in Idaho, Oregon, and Washington. The
FIPs would include basic air quality regulations for the protection of
communities in and adjacent to such Indian reservations. These rules
would be implemented by EPA, or a delegated Tribal Authority, until
replaced by Tribal Implementation Plans (TIPs).
DATES: Comments must be received no later than June 13, 2002.
ADDRESSES: Written comments should be addressed to: David Bray, Office
of Air Quality (OAQ-107), U.S. EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101-1128. Please cite the administrative docket, #A-2000-
25, upon which you are providing comment.
Copies of all information supporting this action are available for
public inspection and copying between 8:30 a.m. and 5:30 p.m. Eastern
Standard Time at EPA's Central Docket Section, Office of Air and
Radiation, Room 1500M (6102), 401 M Street, SW., Washington, DC 20460,
and between 8:30 a.m. and 3:30 p.m. Pacific Standard Time at EPA Region
10, Office of Air Quality, 10th Floor, 1200 Sixth Avenue, Seattle,
Washington 98101. A reasonable fee may be charged for copies.
FOR FURTHER INFORMATION CONTACT: David Bray, Office of Air Quality
(OAQ-107), U.S. EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101-
1128, (206) 553-4253.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Today's Action
B. Areas and Sources Covered by the Rules
C. Organization of the Rules
D. Delegation
II. Basis for Proposed Action
A. EPA's Authority to Promulgate a FIP in Indian Country
B. Relation to Tribal Authority Rule
III. Summary of FIP Provisions
A. Origin of the Rules
B. Rule Summaries
C. Rules Proposed for Specific Reservations
D. Costs Associated with these Rules and Request for Comment
IV. Request for Public Comments
V. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act
D. Paperwork Reduction Act
E. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
F. Executive Order 12875: Enhancing the Intergovernmental
Partnership
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13211: Energy Effects
I. National Technology Transfer and Advancement Act
I. Background
A. Today's Action
EPA is proposing to establish Federal Implementation Plans (FIPs)
under the Clean Air Act (CAA) for Indian reservations in Idaho, Oregon,
and Washington. These rules, when promulgated, would be an important
step in ensuring that basic air quality protection is in place to
protect health and welfare on Indian reservations located in the
Pacific Northwest. In Region 10, EPA has been working with the Tribes
to identify the primary sources of air pollution emissions on Indian
reservations, and evaluating the CAA statutory authorities available to
regulate those sources. EPA's evaluations have identified concerns with
unregulated particulate matter, such as from open burning for
agricultural purposes. A significant number of industrial major
stationary sources subject to Title V of the CAA are located on these
Indian reservations. By means of these rules, EPA would impose
regulatory requirements on industry and residents on reservations,
similar to those imposed by the rules of State and local air agencies
in the surrounding areas. EPA believes that it is appropriate to focus
initially on the sources in Region 10 that have been identified as ones
that may cause or contribute to prevalent air quality problems on
reservations and in shared airsheds of the Pacific Northwest. Aside
from existing national emissions standards and requirements, the FIPs
proposed in this rule are the first building blocks under the CAA to
address such emissions.
In the Clean Air Act (42 U.S.C. 7401 to 7671q), Congress gave EPA
broad authority to protect air resources throughout the nation,
including the air resources on Indian reservations and other areas of
Indian country. Based on the authority of section 301 of the CAA, EPA
promulgated a final rule entitled ``Indian Tribes: Air Quality Planning
and Management,'' on February 12, 1998, 63 FR 7254. The rule, generally
referred to as the ``Tribal Authority Rule'' or ``TAR,'' establishes
procedures for EPA determinations on Tribal eligibility applications
for ``treatment in the same manner as a State'' (commonly referred to
as ``TAS'') under CAA authorities for Indian reservations and for non-
reservation areas within a Tribe's jurisdiction. The U.S. Court of
Appeals for the District of Columbia Circuit recently upheld the TAR in
Arizona Public Service Co. v. EPA, 211 F.3d 1280 (D.C. Cir. 2000),
cert. denied 121 S. Ct. 1600 (2001).
In the TAR, EPA explained that it intends to use its authority
under the CAA ``to protect air quality throughout Indian country'' \1\
by directly implementing the CAA's requirements where Tribes have
chosen not to develop or implement a CAA program. EPA wrote in the
final rule at 40 CFR 49.11 that it would ``promulgate without
unreasonable delay such Federal implementation plan provisions as are
necessary or appropriate to protect air quality'' for these areas.
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\1\ ``Indian country'' is defined under 18 U.S.C. 1151 as: (1)
All land within the limits of any Indian reservation under the
jurisdication of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running through
the reservation, (2) all dependent Indian communities within the
borders of the United States, whether within the original or
subsequently acquired territory thereof, and whether within or
without the limits of a State, and (3) all Indian allotments, the
Indian titles which have not been extinguished, including rights-of-
way running through the same. Under this definition, EPA treats as
reservations trust lands validly set aside for the use of a Tribe
even if the trust lands have not been formally designated as a
reservation.
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In order to further this commitment to protect air quality, EPA is
proposing rules for Indian reservations in Idaho, Oregon, and
Washington.\2\ In exercising its authority under sections 301(a) and
301(d)(4) of the CAA and 40 CFR 49.11(a) to promulgate such FIP
provisions as are necessary or
[[Page 11749]]
appropriate to protect air quality in Indian country, EPA has stated
that it will carry out this authority in a prioritized way, beginning
with sources that pose the greatest threat to public health and the
environment. 64 FR at 8255. The FIPs proposed today are the first
building block under the CAA to address the most prevalent gaps
identified to date on reservations in the Pacific Northwest. EPA will
continue to evaluate air quality conditions and the sources that cause
or contribute to the degradation of air quality, and expects to
promulgate additional FIP provisions, in consultation with Tribes,
including Tribes that are developing TIPs. Thus, EPA views these FIP
provisions as a first step towards establishing a complete plan for
maintaining the NAAQS that, together with approved TIPs, would meet the
goals of section 110(a) of the CAA.
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\2\ EPA is not proposing at this time to establish rules for
Indian country areas in Alaska, and will continue to evaluate the
need and appropriateness of air quality rules there in consultation
with the Federally recognized Tribes in Alaska. EPA is working with
the U.S. Bureau of Indian Affairs (BIA) to complete the mapping of
the Indian country in Alaska. Once the extent and specific locations
of the Indian country is better known, air quality characterization
and subsequent assessment of the needs can be initiated in
consultation with the affected Tribal governments. EPA anticipates
that conditions and needs in Alaska may warrant a different array of
requirements and provisions than are included in these proposed
FIPs.
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After consulting with the Tribes in Idaho, Oregon, and Washington,
EPA Region 10 is concerned that there is currently a gap in air quality
requirements in these areas under the CAA. While many Tribes in Region
10 are in the process of developing air quality management programs,
EPA Region 10 has approved only one Tribe, the Shoshone-Bannock Tribes
of the Fort Hall Reservation in Idaho, to assume certain CAA
authorities. Furthermore, States generally lack the authority to
regulate air quality in Indian country. See California v. Cabazon Band
of Mission Indians, 480 U.S. 202, 216 and n.18 (1987); see also HRI v.
EPA, 198 F.3d 1224, 1242 (10th Cir. 2000), Montana v. EPA, 137 F.3d
1135 (9th Cir. 1998), cert. denied 525 U.S. 921 (1998). These proposed
rules, as described below, are intended to fill the gap in current
regulations until such time as individual Tribes develop and implement
approved TIPs.
As discussed in greater detail below, EPA believes that in light of
the particular air quality issues generally present on reservations in
the Pacific Northwest, it is appropriate to establish each of the air
quality rules for each reservation that are proposed today. These rules
would regulate activities, pollutants, and sources by supplementing the
existing Federal regulatory programs such as the Prevention of
Significant Deterioration (PSD), National Emission Standards for
Hazardous Air Pollutants (NESHAP), and New Source Performance Standards
(NSPS) programs. These proposed rules would provide additional
regulatory tools for EPA to use in implementing the CAA on Indian
reservations. EPA has adequate enforcement authority under section 113
of the CAA to ensure compliance with the requirements that are
proposed.
In Region 10, EPA is continuing to identify the primary sources of
air pollution emissions on Indian reservations, and evaluating the CAA
statutory authorities available to regulate those sources pending
submission of a TIP by a Tribe and approval by EPA. This information is
assisting EPA in determining, in consultation with affected Indian
Tribes, the activities and sources of air pollution that threaten air
resources. EPA believes that it is appropriate to focus its efforts to
develop FIPs initially on the sources that may cause or contribute to
air quality problems that have been identified.
EPA's evaluations and information from affected Indian Tribes
identified concerns with pollution from unregulated sources of
particulate matter. Examples of categories of sources of air pollution
not currently regulated include emissions from open burning and
fugitive dust. Agricultural burning has been identified as a source of
uncontrolled particulate matter that if not properly regulated can
endanger people's health and safety, as well as cause other
environmental impacts such as regional haze. EPA Region 10 is working
at a regional level in partnership with States, Tribes, local
governments, growers, and citizen groups to support and strengthen
tools and programs for addressing particulate matter, including the
development of appropriate regulatory controls in each jurisdiction.
EPA also is identifying the industrial and commercial sources of
emissions that are not fully regulated. There are at least 11
facilities on these reservations that meet the definition of major
source, under the Federal Operating Permits provisions in Title V of
the CAA. Most of these facilities are in the forest products industry,
that can emit plumes of particulate matter at levels that should be
controlled. Industrial facilities such as these also use fuels
containing sulfur that can cause excessive concentrations of ground-
level sulfur dioxide if not properly controlled. Regulating these
sources is appropriate in order to protect air quality from the
potential for significant deterioration caused by the release of
particulate matter and sulfur dioxide. Particulate matter and sulfur
dioxide are regulated by National Ambient Air Quality Standards (NAAQS)
under section 109 of the CAA. A number of rules proposed today would
control emissions of particulate matter and sulfur dioxide to the
atmosphere as appropriate for the purpose of maintaining or attaining
the NAAQS. Along with the protections these Federal air quality rules
would provide, the rules can also assist Tribes in developing air
quality management programs by using the Federal rules as templates in
drafting TIPs.
It is important to note that these proposed rules are analogous to,
but different from, the types of rules generally approved by EPA into
State Implementation Plans (SIPs). The rules proposed today represent
an average program, and so are more stringent than some SIP rules and
less stringent than others. However, while these would be Federal CAA
rules, they would not change the minimum criteria in 40 CFR Part 51,
the CAA, or the TAR for approval of rules in either a SIP or a TIP.\3\
EPA encourages Tribes to develop individual TIPs and will work with
Tribes seeking to replace these rules with TIPs. These regulations
would apply until they are replaced by Tribal regulations in an
approved TIP.
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\3\ EPA has used the planning requirements applicable to States
as a guide in developing these FIPs.
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EPA Region 10 has actively consulted with and encouraged Tribes to
assist EPA in developing these proposed regulations to ensure that
Tribal considerations are addressed. EPA Region 10 staff has worked
with, and will continue to work with, individual Tribes to assess air
quality problems, and develop, in consultation with the Tribes, Tribal
or Federal strategies for addressing these problems. For example, EPA
Region 10 has worked with Tribes to develop emission inventories and
air monitoring studies where appropriate, to determine the nature of
air quality problems, and to identify a range of potential control
strategies. During the development of the rules proposed here, EPA
Region 10 staff consulted with affected Tribes in a series of group and
individual meetings that are described in detail below in Section V.G,
which discusses compliance with Executive Order 13175: Consultation and
Coordination with Indian Tribal Governments.
B. Areas and Sources Covered by the Rules
These proposed rules would apply to any person who owns or operates
an air pollution source within the exterior boundaries of an Indian
reservation in Idaho, Oregon, or Washington, as set forth in 40 CFR
Part 49, Subpart M Implementation Plans for Tribes--Region X. Further,
as discussed in the TAR at 63 FR 7257-58, EPA interprets the term
``reservation'' consistent with U.S. Supreme Court case law to include
[[Page 11750]]
trust lands that have been validly set apart for the use of a Tribe
even though the land has not been formally designated as a reservation.
EPA is not proposing to establish rules for all of Indian country,
e.g., these rules would not apply to allotment lands that are held in
trust for individual Indians that are located outside the exterior
boundaries of a reservation or for dependent Indian communities. Based
on consultations, EPA is not aware of any sources on those types of
land outside of reservations to which these rules need to apply. This
proposed rulemaking is a step in addressing known air quality concerns
on reservations. If in the future, EPA becomes aware of air quality
concerns for Indian country outside of reservations, EPA may propose
other requirements that are deemed necessary or appropriate.
This proposal includes: (1) Rules of general applicability that
would regulate emissions of particulate matter and sulfur dioxide from
combustion and process sources, visible emissions and fugitive dust;
and (2) additional proposed rules that would control particulate matter
emissions from specific types of equipment used to burn wood wastes,
sometimes known as ``wigwam burners,'' and certain wood product
industry sources. The proposed rules would also regulate open burning,
and allow the Regional Administrator to impose restrictions on
emissions during periods of impaired air quality or when emissions from
sources are detrimental to human health and welfare. Finally, the
proposed rules would require registration of many stationary sources of
air pollution and would provide the opportunity for stationary sources
with low emission levels to obtain potential to emit limits in
operating permits. The specific rules that would apply to sources on a
particular reservation are specified in today's proposed rule, at 40
CFR part 49, Subpart M.
EPA will decide whether a source or activity located on an Indian
reservation is subject to the provisions of these rules as made
applicable in the implementation plan for that reservation. Today's
proposed rules include procedures for sources to obtain individual
determinations from EPA as to whether they are subject to these
regulatory requirements. A source that is uncertain regarding the
applicability of a rule may submit a written request to EPA for an
applicability determination. In response to a request for an
applicability determination, EPA will issue a written determination
stating whether the source or activity is subject to a particular
Federal air quality rule. In most cases, determining whether the source
or activity is on an Indian reservation will be straightforward and
non-controversial. For example, in most cases EPA and the source will
be able to easily determine whether a source is located within the
exterior boundaries of a reservation, including Tribal trust lands. In
the rarer, more complex factual cases, EPA will work with the U.S.
Department of the Interior, Tribes, and stakeholders to assess the
reservation status of the location. After EPA has reviewed the relevant
materials, the Agency will send a letter to the source stating EPA's
belief whether the source is located within the boundaries of a
reservation. For sources or activities located on Indian reservations,
the source or activity would be expected to comply with the applicable
requirements of these FIPs.
C. Organization of the Rules
EPA has structured these proposed regulations consistent with the
``modular'' approach described in the TAR to allow for both variation
among reservations and to facilitate the development and approval of
TIPs to replace all or part of these Federal regulations. EPA is using
this modular approach to propose a full set of regulations, and each
regulation in today's proposal is effectively a ``stand-alone'' rule.
Each FIP is tailored and is being proposed on a reservation-by-
reservation basis. For example, the proposed regulation for particulate
matter emissions from wood products industry sources would only be
promulgated for reservations that have existing wood products industry
sources or for those where such sources might be expected to locate.
Similarly, the proposed regulation for forestry burning permits would
only be promulgated for reservations with forestry lands where the use
of fire as a forest management tool is prevalent.
EPA expects that many Tribes will develop their own air quality
programs. However, Tribes are not required to adopt and implement all
CAA programs at once. Under section 49.7(c) of the TAR, Tribes that
meet the eligibility criteria for TAS have the option of developing
severable elements of a TIP and submitting those elements to EPA for
approval under the CAA. The modular approach used in these proposed
regulations would allow EPA to approve a Tribal rule covering a
particular source type or activity and revoke the EPA regulation, while
still leaving in place the EPA regulations for other sources and/or
activities. For example, a Tribe may initially want to adopt and
implement Tribal rules for open burning and rules for the registration
of air pollution sources, while EPA would continue to regulate
industrial emissions under the FIP for that reservation. This modular
approach would allow for an easy incremental transition from Federal
regulations to EPA-approved Tribal rules.
While most of the rules in the FIPs constitute a ``base program''
that EPA is proposing to put in place in all reservations in Idaho,
Oregon, and Washington, some of the proposed FIPs would include rules
where specific needs exist or where EPA determines, in consultation
with the relevant Tribe, that a more stringent provision than would
otherwise apply is appropriate. These ``additional rules'' are being
proposed only for certain reservations. For example, EPA is proposing
rules specific to particular kinds of woodwaste burners and certain
wood products industries that will require better controls for
particulate matter emissions than the general limits for visible
emissions and particulate matter. These regulations are proposed for
reservations where such sources exist and where EPA determines, in
consultation with the Tribe, that more stringent provisions are
appropriate. The following table identifies the rules summarized below
in section III.B that would be included in the ``Base Program'' and the
``Additional Rules'' that may be included as appropriate.
Table 1.--Proposed Base Program and Additional Rules
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Base Additional
Rule # Title program rules
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Section 49.123..................... General provisions............................. X
Section 49.124..................... Rule for limiting visible emissions............ X
Section 49.125..................... Rule for limiting the emissions of particulate X
matter.
Section 49.126..................... Rule for limiting fugitive particulate matter X
emissions.
Section 49.127..................... Rule for woodwaste burners..................... X
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Section 49.128..................... Rule for limiting particulate matter emissions X
from wood products industry sources.
Section 49.129..................... Rule for limiting emissions of sulfur dioxide.. X
Section 49.130..................... Rule for limiting sulfur in fuels.............. X
Section 49.131..................... General rule for open burning.................. X
Section 49.132..................... Rule for open burning permits.................. X
Section 49.133..................... Rule for agricultural burning permits.......... X
Section 49.134..................... Rule for forestry burning permits.............. X
Section 49.135 or.................. Rule for emissions detrimental to human health X
and welfare or.
Section 49.136..................... Tribal Alternative Rule........................ X
Rule for emissions detrimental to persons or
property, cultural or traditional resources.
Section 49.137..................... Rule for air pollution episodes................ X
Section 49.138..................... Rule for the registration of air pollution X
sources and the reporting of emissions.
Section 49.139..................... Rule for non-Title V operating permits......... X
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The modular approach provides flexibility to promulgate provisions
where EPA will have adequate resources to carry out the FIP, including
situations where Tribes assist EPA in implementation of FIP provisions.
For certain rules that are best administered at a local level, EPA is
proposing to establish requirements for a reservation and to delegate
to the affected Tribal government the authority to administer that
particular program, as discussed below. A delegation agreement will
authorize a Tribe, with Federal assistance, to administer the Federal
program but refer unresolved noncompliance matters to EPA for Federal
enforcement. This approach allows EPA to establish requirements
tailored to local needs that can be effectively implemented through a
partnership between EPA and the Tribe.
With respect to the rule that would regulate emissions detrimental
to persons and property, EPA is proposing two versions. One version of
the detrimental emissions regulation, proposed as Sec. 49.135, would
allow EPA to address situations where emissions would be injurious to
human health and welfare. The Tribal alternative rule, Sec. 49.136,
would provide additional protection for situations where emissions
would unreasonably interfere with the enjoyment of life or property, or
would damage unique Tribal cultural or traditional resources. The
second, more inclusive regulation (Sec. 49.136) is proposed for
reservations where EPA, based on a request from the relevant Tribe, has
considered and determined that regulatory authority to address such
situations is appropriate and will generally include agreements with
the Tribe to assist EPA in implementing the programs. EPA requests
comment on this proposed determination. EPA developed Sec. 49.136 to
address the Tribes' unique concern regarding the holistic concept of
health and welfare, which was emphasized by Tribes during consultation.
In this rulemaking, EPA is proposing that Sec. 49.136 will apply only
on two reservations, the Nez Perce Reservation and the Umatilla Indian
Reservation, as shown in Table 2. Section 49.135 will apply on all
other reservations in Idaho, Oregon, and Washington. EPA is seeking
comment on this proposed approach. If EPA does not finalize
Sec. 49.136, Sec. 49.135 will be promulgated for the Nez Perce and
Umatilla Indian Reservations.
Finally, EPA is proposing three additional open burning permit
programs: general open burning (Sec. 49.132), agricultural open burning
(Sec. 49.133), and forestry open burning (Sec. 49.134). These rules
differ from the general open burning rule proposed in Sec. 49.131 by
requiring that any person who conducts a regulated open burn to obtain
and comply with a permit. These permit programs are proposed only for
reservations where EPA, in consultation with the relevant Tribe, has
determined that the programs are appropriate and will generally include
delegations of authority from EPA to the Tribe for implementation of
the Federal rules upon promulgation, as discussed below.
D. Delegation
The modular approach will allow Tribes that are building air
quality programs to gain experience by assisting with implementation of
the Federal rules before they decide to adopt their own rules and
regulations. EPA recognizes that a Tribe may choose not to develop a
Tribal air program under Tribal law for approval under the TAR, but may
still like to assist EPA in implementing the Federal air quality
requirements for its reservation and to build its capacity in managing
an air quality program. The rule proposed here at Sec. 49.122 provides
Tribal governments the alternative of seeking delegation from EPA of
the authority to administer all or some of the Federal rules that have
been promulgated for their reservation. These rules would allow EPA to
delegate distinct and severable Federal regulations to a Tribe for
implementation, without requiring a Tribe to take on all aspects of the
Federal air regulations. For example, if a Tribe wished to implement
the open burning permit program, or run the source registration
program, EPA could delegate responsibility to the Tribe for just those
regulations. The process EPA would follow to delegate the
administration of a Federal program to a Tribal government is similar
to the process EPA follows to delegate programs to State governments.
As part of the process for delegating the authority to administer one
or more of the rules, the Tribe and EPA would enter into an agreement
that specifies how the governments would work together for the
effective implementation of the particular CAA program(s) at issue on
that reservation.
The delegation from EPA to a Tribe to implement a specific Federal
air rule proposed in these rules is to be distinguished from EPA's
interpretation that the CAA is a delegation of Federal authority from
Congress to Tribes, as described in the TAR at 63 FR 7254-7259. It is
EPA's position that the CAA TAS provision constitutes a statutory
delegation of authority to eligible Tribes over their reservations. As
described above, the TAR established how EPA can approve Tribal
eligibility applications for a Tribe to operate a CAA program under
Tribal law. When
[[Page 11752]]
EPA approves a Tribal eligibility application and approves a TIP, the
approved Tribe will manage the approved air quality program under
Tribal law, and the approved Tribal program is Federally enforceable.
In contrast, the delegation approach proposed in these rules provides
for EPA to administratively delegate its own Federal authority to a
qualified Tribe to implement specified Federal rules. EPA has well-
established processes for delegating its Federal authority to States
for administering Federal rules under the CAA, such as for conducting
new source review under 40 CFR part 52, at 40 CFR 52.21(u); and for
issuing Federal operating permits under 40 CFR part 71, at 40 CFR
71.4(j). With delegated Federal programs, the Federal requirement
administered by the delegated Tribe is subject to enforcement by EPA,
not the Tribe, under Federal law.
EPA believes that the modular approach will provide the maximum
flexibility for EPA and Tribes to work in partnership to ensure that
the goals and objectives of the CAA will be met on Indian reservations
and to make real the principles set out in the TAR. It will allow EPA
and Tribes to jointly manage air quality on Indian reservations through
a combination of TIP and FIP elements, and delegations to Tribes of FIP
elements. Under this modular approach, Tribes may adopt and submit
severable elements of TIPs that replace elements of FIPs while leaving
in place FIP provisions that Tribes are not yet willing or able to take
on.
II. Basis for Proposed Action
A. EPA's Authority To Promulgate a FIP in Indian Country
EPA's conclusion that CAA jurisdiction over Indian country
generally lies with EPA and Federally recognized Indian Tribes leads to
the conclusion that a regulatory gap exists with regard to air
pollution sources there. EPA is proposing to take an initial step
towards remedying this gap with a FIP for each Indian reservation in
Idaho, Oregon, and Washington. These FIPs will establish new Federal
requirements where no general air pollution control program other than
nationally applicable rules is currently in effect.
As described above, the CAA Amendments of 1990 greatly expanded the
role of Indian Tribes in implementing the provisions of the CAA in
Indian country. Section 301(d) of the CAA authorizes EPA to issue
regulations specifying the provisions of the CAA for which Indian
Tribes may be treated in the same manner as States. See CAA sections
301(d)(1) and (2). Based on that authority, EPA promulgated the TAR.
In the preamble to the proposed and final TAR, EPA discusses
generally the legal basis under the CAA by which EPA and Tribes are
authorized to regulate sources of air pollution in Indian country. EPA
concluded that the CAA constitutes a statutory delegation of Federal
authority to eligible Indian Tribes over all sources on their
reservations. Under the CAA, Tribes are allowed to develop air programs
covering their reservations and non-reservation areas within their
jurisdiction for submission to EPA for approval in the same manner as
States. 63 FR 7254-7259; 59 FR 43958-43960.
EPA also concluded that the CAA authorizes EPA to protect air
quality throughout Indian country, including on fee lands, until a
Tribe is approved for TAS and Tribal programs are approved. See 63 FR
7262; 59 FR 43960-43961 (citing to CAA sections 101(b)(1), 301(a), and
301(d)); see also Federal Operating Permits Program, Final Rule, 64 FR
8251-8254. EPA decided that in areas of Indian country where no Tribal
program has been explicitly approved by EPA, a gap exists in air
quality requirements under the CAA that EPA is authorized to fill. In
fact, in promulgating the TAR, EPA specifically stated that, pursuant
to the discretionary authority explicitly granted to EPA under sections
301(a) and 301(d)(4) of the CAA, EPA:
shall promulgate without unreasonable delay such Federal
implementation plan provisions as are necessary or appropriate to
protect air quality, consistent with the provisions of sections
301(a) and 301(d)(4), if a Tribe does not submit a Tribal
implementation plan meeting the completeness criteria of 40 CFR Part
51, Appendix V, or does not receive EPA approval of a submitted
Tribal implementation plan. 63 FR 7273 (codified at 40 CFR
49.11(a)).\4\
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\4\ In the preamble to the final TAR, EPA explained that it
believed it was inappropriate to treat Tribes in the same manner as
States with respect to section 110(c) of the CAA, that directs EPA
to promulgate a FIP within two years after EPA finds a State has
failed to submit a complete State plan or within two years after EPA
disapproval of a State plan. Although EPA is not required to
promulgate a FIP within the two-year period for Tribes, EPA
promulgated 40 CFR 49.11(a) to clarify that EPA will continue to be
subject to the basic requirement to issue any necessary or
appropriate FIP provisions for affected Tribal areas within a
reasonable time. See 63 FR 7264-7265.
It is EPA's policy to aid Tribes in developing comprehensive and
effective air quality management programs by providing technical and
other assistance to them. EPA recognizes, however, that just as it
required many years to develop the current State and Federal programs
to cover State areas, it will also require time to develop Tribal and
Federal programs to cover reservations and other areas of Indian
country. 59 FR 43961.
Many of the Tribal governments in Idaho, Oregon, and Washington
have expressed a strong interest in seeking authority under the TAR to
regulate sources of air pollution located on their reservations and in
non-reservation areas under Tribal jurisdiction pursuant to the CAA.
Based on discussions with the Tribes, however, EPA believes that it
will be some time before most Tribes will be ready to seek authority
under the TAR to assume CAA planning and regulatory responsibilities
and that, when they do, the Tribes are likely to build their capacity
and seek authority for the various CAA programs over time, rather than
all at once. Through government-to-government consultation between EPA
and Tribal governments, the Tribes have advised EPA that they support
EPA's efforts to impose such controls on Indian reservation air
pollution sources as are necessary or appropriate to protect air
quality in the interim.
Therefore, in these proposed FIPs, EPA is exercising its authority
under sections 301(a) and 301(d)(4) of the CAA and 40 CFR 49.11(a) to
promulgate FIPs in order to remedy an existing regulatory gap under the
CAA with respect to Indian reservations located in the States of Idaho,
Oregon, and Washington. Although many facilities in these areas have
historically followed State, regional, and local government air quality
programs, with only one exception EPA has never approved those
governments to exercise regulatory authority under the CAA on any
Indian reservations.\5\ It is EPA's position that absent an explicit
finding of jurisdiction and approval in Indian country, those
governments lack authority under the CAA over the sources or their
owners or operators for compliance or enforcement purposes. Given the
longstanding air quality concerns in some areas and the need to
establish requirements in all areas to maintain CAA standards, EPA
believes that the proposed FIP provisions are appropriate to protect
air quality on the identified reservations.
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\5\ For purposes of approving the Washington Department of
Ecology (WDOE) operating permits program under 40 CFR Part 70, EPA
explicitly found that WDOE demonstrated that the Washington Indian
Puyallup Land Claims Settlement Act, 25 U.S.C. 1773, gives explicit
authority to State and local governments to administer their
environmental laws on all non-trust lands within the 1873 Survey
Area of the Puyallup Reservation in Tacoma, Washington.
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[[Page 11753]]
B. Relation to Tribal Authority Rule
The TAR provides the framework for Tribes to obtain authority to
administer Federally-approved and Federally-enforceable programs under
the CAA. See 59 FR 43956, August 25, 1994 (proposed rule) and 63 FR
7254, February 12, 1998 (final rule). Thus, each Federally recognized
Indian Tribe now has the option of assuming responsibility for the
development and implementation of Federally-enforceable air quality
programs under the CAA by seeking EPA approval of a Tribal air program
established under Tribal law, i.e., a TIP. Until a Federally-approved
implementation plan that covers a source is in place, however, EPA has
the authority to regulate the source under the CAA. The regulations
proposed here also offer another alternative. Specifically, Tribes in
Idaho, Oregon, or Washington may seek delegation from EPA to assist EPA
in implementing a Federal regulation (FIP).
III. Summary of FIP Provisions
A. Origin of the Rules
EPA's intention is to promulgate Federal regulations that reflect
an important initial step to fill the ``regulatory gap'' on Indian
reservations in Idaho, Oregon, and Washington. As described above, EPA
has been evaluating, in consultation with affected Indian Tribes, the
activities and sources of air pollution that threaten air resources.
EPA believes it is appropriate to focus its efforts initially on
developing FIPs for the most prevalent sources that cause or contribute
to identified air quality problems.
However, EPA does not intend, nor does it expect, these gap-filling
regulations to impose significantly different regulatory burdens upon
industry or residents within reservations than those imposed by the
rules of State and local air agencies in the surrounding areas. This
approach is intended to formally ``level the playing field''. In other
words, EPA intends that people living within reservation boundaries
receive equivalent air quality protection, and that emissions from
sources located within reservations are controlled to levels similar to
those of sources located outside the reservations.
To do this, EPA Region 10 first determined what types of air
pollution sources and pollutant-emitting activities were most prevalent
on Indian reservations in Idaho, Oregon, and Washington. Then EPA
Region 10 reviewed the State and local rules from air pollution
agencies throughout the western United States that are included in SIPs
that EPA has approved for those types of sources and activities. The
gap-filling rules proposed here are generally based upon the aspects of
these State and local rules most relevant to the air polluting
activities on reservations in the Pacific Northwest, and follow a level
of control of a typical air quality control program. The proposed
regulations are not as restrictive as the most stringent State and
local rules for the same class of sources or activities; likewise, they
are not as lenient as the least stringent of the State and local rules.
Nor do the proposed regulations look like State or local rules because
they use the Federal regulatory structure and are written in a ``plain
language'' format in accordance with the Plain Language Executive
Memorandum, dated June 1, 1998. EPA invites your comments on ways to
make these proposed rules easier to understand. Included in the docket
for this proposed rulemaking are copies of all the State and local
rules that EPA considered in this process, as well as a technical
support document with summary tables showing the State and local agency
levels of control as compared with the proposed regulations and a
description of why EPA believes the proposed rules are appropriate.
Each of the rules proposed as part of the Base Program to be
applicable on all reservations in Idaho, Oregon and Washington either
addresses particular sources, activities or pollutants identified by
EPA as the most prevalent and in need of regional regulation or
implements an important structural aspect of the CAA regulatory scheme
for Indian reservations. A number of the Base Program rules are
proposed in order to protect air quality from the potential for
significant deterioration caused by the release of particulate matter,
which is regulated by a NAAQS under section 109 of the CAA (see
Sec. 49.124 Rule limiting visible emissions; Sec. 49.125 Rule for
limiting the emissions of particulate matter; Sec. 49.126 Rule for
limiting fugitive particulate matter emissions; and Sec. 49.129 General
rule for open burning). Two Base Program rules would protect air
quality from the potential for significant deterioration caused by the
release of sulfur dioxide, which is regulated by a NAAQS under section
109 of the CAA. These rules would limit the amount of sulfur dioxide
emitted to the atmosphere from certain air pollution sources in order
to control ground-level concentrations of sulfur dioxide (see
Sec. 49.130 Rule for limiting emissions of sulfur dioxide and
Sec. 49.131 Rule for limiting sulfur in fuels). The Base Program would
also include a number of provisions to establish the infrastructure of
a CAA regulatory program. Provisions at Sec. 49.122 describe how EPA
would process delegation requests from a Tribe; Sec. 49.123 would
define the terms that are used throughout the FIPs; Sec. 49.135 would
establish a process for EPA to limit emissions that are detrimental to
human health and welfare; Sec. 49.137 would establish the measures EPA
could take to address excessive buildup of certain air pollutants
during periods of stagnant air; Sec. 49.138 would provide for the
registration of air pollution sources and reporting of emissions so
that EPA can maintain a current and accurate record of air pollution
sources within an Indian reservation; and Sec. 49.139 would set up a
permitting program for non-Title V sources that would establish
federally-enforceable requirements.
Further, EPA is proposing certain Additional Rules to be applicable
on specified reservations where EPA has determined, in consultation
with the relevant Tribe, that such additional regulatory measures are
appropriate. During the course of its consultation with Tribes and
analysis of regulatory needs, EPA attempted to identify instances where
specific sources or pollution control needs beyond those addressed in
the Base Program exist on particular reservations. For example, certain
types of wood products industries, or certain practices of agricultural
or forestry burning, may be prevalent on particular reservations and
may be important contributors to air pollution concerns. In order to
address these concerns, EPA has developed the current set of Additional
Rules. As an initial step, EPA is proposing to promulgate some or all
of these rules for those reservations where relevant sources have been
identified as prevalent and where particular Tribes have indicated an
interest in the additional regulation. For example, at the request of
specific Tribes, EPA considered and is now proposing to promulgate a
rule that would provide additional protections against emissions
detrimental to their unique Tribal cultural or traditional resources.
EPA considers this approach an appropriate first step in prioritizing
its efforts to address these concerns consistent with CAA
responsibilities. EPA anticipates that relevant Tribes may choose to
assist in the implementation of the Additional Rules through the
delegation process described above. EPA is continuing to consult with
Tribes regarding sources of air pollution and air regulatory needs on
their reservations and may propose some or all of the Additional Rules,
or
[[Page 11754]]
may propose further additional rules, for reservations as needs and
priorities are identified. As described in section I.C, the current
package of Additional Rules includes Sec. 49.127 Rule for woodwaste
burners; Sec. 49.128 Rule for limiting particulate matter emissions
from wood products industry sources; Sec. 49.132 Rule for open burning
permits, Sec. 49.133 Rule for agricultural burning permits, Sec. 49.134
Rule for forestry burning permits; and Sec. 49.136 Rule for emissions
detrimental to persons or property, cultural or traditional resources.
With this proposal, EPA is seeking comment on these Additional Rules,
whether the criteria EPA used for selecting the Additional Rules are
appropriate, and whether EPA has appropriately applied those criteria
in this proposal.
In developing these regulations EPA also had two other objectives
in mind, in addition to filling the regulatory gap. First, EPA is
proposing only those regulations that it believes it has the resources
to implement and enforce. To the extent practicable, these regulations
minimize the implementation burdens upon EPA and the regulated
community while establishing requirements that are unambiguous and
enforceable. Second, EPA anticipates that these regulations can serve
as models for Tribes as they 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.
B. Rule Summaries
These proposed rules would establish emission limitations and other
requirements for air pollution sources located within Indian
reservations in Idaho, Oregon, and Washington to ensure a basic level
of air pollution control that protects public health and welfare. The
following paragraphs summarize each of the proposed rules. The actual
rule requirements being proposed are set forth in 40 CFR part 49,
subpart C.
Section 49.122--Delegation of authority to a Tribe. This section
would provide a mechanism for delegating to a Tribe, for
administration, all or a portion of the FIP rules that apply within a
reservation. It sets out the process a Tribe must follow to request
delegation, how that delegation will be accomplished, and how the
public and regulated sources will be informed of the delegation. The
Regional Administrator will not delegate authority to a Tribe for areas
for which EPA believes the Indian reservation status is in question.
This section would not affect the requirements established under the
TAR for Tribal applications to administer EPA-approved Tribal CAA
programs or requirements for delegation of other EPA air programs such
as Part 71 operating permits or PSD permits under 40 CFR 52.21.
Section 49.123--General provisions. This section includes
definitions of the terms used in these rules as well as general
provisions regarding requirements for emission testing, monitoring,
recordkeeping, reporting, the use of credible evidence in compliance
certifications and for establishing violations, and the incorporation
by reference of the American Society for Testing and Materials Methods
referenced in this rulemaking.
Section 49.124--Visible emissions. Section 49.124 would restrict
visible emissions from air pollution sources to 20% opacity, averaged
over 6 consecutive minutes, as measured by EPA Method 9. This rule
would not apply to certain sources, such as: Open burning; agricultural
activities; non-commercial smoke houses; sweat houses or lodges; smudge
pots; furnaces and boilers used exclusively to heat residential
buildings with four or fewer units; fugitive dust from public roads
owned or maintained by any Federal, Tribal, State or local government;
and emissions from fuel combustion in mobile sources. The visible
emissions from an oil-fired boiler or solid fuel-fired boiler that
continuously measures opacity with a continuous opacity monitoring
system (COMS) may exceed the 20% opacity limit during start-up, soot
blowing, and grate cleaning for a single period of up to 15 minutes in
any 8 consecutive hours, but must not exceed 60% opacity at any time.
All of the State and local air agency rules that EPA reviewed
contain a 20% opacity limit. Most of these visible emissions rules
allow a 3-minute exception over a 60-minute period. However, EPA
decided to use the method with an average opacity over a 6-minute
interval to be consistent with the only Federally promulgated opacity
measurement method, which is EPA Method 9, found at 40 CFR Part 60,
Appendix A. This method is used to determine compliance with Federal
New Source Performance Standards for numerous categories of industrial
sources. This rule does not require any person to conduct Method 9
opacity readings or to install a COMS unless specifically required by
the Regional Administrator in an information request pursuant to
section 114 of the Act, a permit to construct, or permit to operate.
Section 49.125--Particulate matter. Particulate matter emissions
from combustion (except for wood-fired boilers) and process sources
would be limited to an average of 0.23 grams per dry standard cubic
meter (0.1 grains per dry standard cubic foot), corrected to 7% oxygen
(for combustion sources), during any 3-hour period. Particulate matter
emissions from wood-fired boilers would be limited to an average of
0.46 grams per dry standard cubic meter (0.2 grains per dry standard
cubic foot), corrected to 7% oxygen, during any 3-hour period.
Woodwaste burners, furnaces, and boilers used exclusively for space
heating with a rated heat input capacity of less than 400,000 British
thermal units (Btu) per hour, non-commercial smoke houses, sweat houses
or lodges, and mobile sources would be exempt from this rule.
For combustion sources and wood-fired boilers, the particulate
matter limit in this rule is the same as the limit in most of the State
and local agency air rules that EPA reviewed. For process sources, many
State and local air agencies employ process weight rate tables in their
rules to limit particulate matter. EPA is proposing to use a
concentration limit rather than a process weight rate table for this
rule to be consistent with the EPA method for measuring particulate
matter, which is EPA Method 5, found at 40 CFR Part 60, Appendix A. The
particulate matter limit for process sources in this rule equals the
control of all but one of the concentration-based rules that EPA
reviewed. This rule does not require any person to conduct a Method 5
source test unless specifically required by the Regional Administrator
in an information request pursuant to section 114 of the Act, a permit
to construct, or permit to operate.
Section 49.126--Fugitive particulate matter. The owner or operator
of any source of fugitive particulate matter emissions would be
required to take all reasonable precautions to prevent fugitive
particulate matter emissions and to maintain and operate the source to
minimize these emissions. A person subject to this rule would be
required to periodically survey the air pollution source to determine
if there are sources of fugitive particulate matter emissions,
determine and document in a written plan the reasonable precautions
that would be taken to prevent fugitive particulate matter emissions,
and then implement the plan. This rule would not apply to activities
associated with single-family residences or residential buildings with
four or fewer dwelling units, agricultural activities, or public roads
owned or maintained by any
[[Page 11755]]
Federal, Tribal, State, or local government.
All but one of the State and local air agency rules that EPA
reviewed have rules for controlling fugitive particulate matter. All of
these rules contain reasonable precautions provisions similar to the
ones in Sec. 49.126. A few rules control fugitive emissions beyond
reasonable precautions, but these rules are primarily for nonattainment
areas so EPA believes they are not appropriate here because the
reservations at issue are generally not designated nonattainment for
PM10.
Section 49.127--Woodwaste burners. Section 49.127 would phase out
the operation of woodwaste burners (commonly known as wigwam or teepee
burners). In the interim, visible emissions from a woodwaste burner
would not be allowed to exceed 20% opacity, averaged over 6 consecutive
minutes, as measured by EPA Method 9, and only wood waste generated
onsite could be burned or disposed of in the woodwaste burner. The
owner or operator would be required to submit a plan for shutting down
the woodwaste burner to EPA within 180 days after the effective date of
these rules and to shut down and dismantle the woodwaste burner by no
later than 2 years after the effective date of these rules. Sources
could apply to EPA for an extension of the 2-year deadline if there is
no reasonably available alternative method of disposal for the wood
waste.
EPA recognizes that on some reservations particulate matter from
woodwaste burners can contribute to air quality deterioration. This
section would be promulgated in Part 49 Subpart M on reservations only
where EPA finds, in consultation with the relevant Tribe, that it is
appropriate to establish this requirement in order to control air
pollution. This section is designed to protect air quality from the
potential for significant deterioration caused by the release of
particulate matter, which is regulated by a NAAQS under section 109 of
the CAA. This rule would limit the amount of particulate matter emitted
to the atmosphere. EPA will base the determination of whether this rule
is appropriate for a particular reservation on a number of factors,
including the prevalence of these sources on the reservation, the
significance of the resulting pollution on air quality in the area, and
the absence of Tribal laws to control the pollution. In this
rulemaking, EPA is proposing that Sec. 49.127 will apply only on the
Nez Perce Reservation and the Colville Indian Reservation, as shown in
Table 2.
Most woodwaste burners under programs of State and local air
agencies have already been shut down. All but one of the State and
local air agency rules that control the woodwaste burners that still
exist have a 20% opacity limit. Most of these rules use an opacity
measurement method with a 3-minute exception over a 60-minute period.
However, EPA is proposing use of the method with an average opacity
over a 6-minute interval to be consistent with the only Federally
promulgated opacity measurement method, which is EPA Method 9, found at
40 CFR Part 60, Appendix A. This method is used to determine compliance
with Federal New Source Performance Standards for numerous categories
of industrial sources. This rule does not require any person to conduct
Method 9 opacity readings unless specifically required by the Regional
Administrator in an information request pursuant to section 114 of the
Act, a permit to construct, or permit to operate.
Section 49.128--Particulate matter emissions from wood products
industry sources. Section 49.128 would apply to any person who owns or
operates any of the following wood products industry sources: veneer
manufacturing operations, plywood manufacturing operations,
particleboard manufacturing operations, or hardboard manufacturing
operations. This section would impose limits on the amount of
particulate matter that could be emitted from such sources, in addition
to the particulate matter limits for combustion and process sources in
Sec. 49.125. The reference method for determining compliance with the
particulate matter limits is EPA Method 202, found at 40 CFR part 51,
Appendix M. This rule does not require any person to conduct a Method
202 source test unless specifically required by the Regional
Administrator in an information request pursuant to section 114 of the
Act, a permit to construct, or permit to operate.
In Part 49 Subpart M, EPA is proposing this requirement on
reservations where EPA finds, in consultation with the relevant Tribe,
that it is appropriate to establish this requirement in order to
control air pollution. This section is appropriate to protect air
quality from the potential for significant deterioration caused by the
release of particulate matter, which is regulated by a NAAQS under
section 109 of the CAA. This rule would limit the amount of particulate
matter emitted to the atmosphere from those specific wood products
industry sources. EPA will base this determination on a number of
factors, including the prevalence of these sources on the reservation,
the significance of the resulting pollution on air quality in the area,
and the absence of Tribal laws to control the pollution. In this
rulemaking, EPA is proposing that Sec. 49.128 will apply only on the
Nez Perce Reservation and the Colville Indian Reservation, as shown in
Table 2.
One State has both State-wide rules and area-specific rules to
control particulate matter emissions from the wood products industry.
The limits that EPA is proposing in this rule closely resembles the
area-specific rules for that State.
Section 49.129--Sulfur dioxide. This rule would restrict sulfur
dioxide emissions from combustion and process sources to no more than
an average of 500 parts per million by volume, on a dry basis, and
corrected to 7% oxygen (for combustion sources), during any 3-hour
period. Furnaces and boilers used exclusively for space heating with a
rated heat input capacity of less than 400,000 Btu per hour and mobile
sources would be exempt from this rule.
This rule is appropriate to protect air quality from the potential
for significant deterioration caused by the release of sulfur dioxide,
which is regulated by a NAAQS under section 109 of the CAA. This
section would limit the amount of sulfur dioxide emitted to the
atmosphere from certain air pollution sources in order to control
ground-level concentrations of sulfur dioxide. All of the
concentration-based rules that EPA reviewed have one of two sulfur
dioxide concentration limits: 500 ppm averaged over a 3-hour period or
1,000 ppm average over a 1-hour period. EPA is proposing to use the 500
ppm, 3-hour average limit because it does a better job of accounting
for the short-term variability in process emissions and in the sulfur
content of fuels. 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. These methods are found at 40 CFR
60, Appendix A. This rule does not require any person to conduct Method
6, 6A, 6B, or 6C source tests or to install a continuous emissions
monitoring system (CEMS) unless specifically required by the Regional
Administrator in an information request pursuant to section 114 of the
Act, a permit to construct, or permit to operate.
Section 49.130--Sulfur content of fuels. This section would apply
to any person who sells, distributes, uses, or makes available for use,
any fuel oil, coal, solid fuel, or gaseous fuel on Indian reservations.
This rule restricts the sulfur content of the previously
[[Page 11756]]
listed types of fuels. Fuels used exclusively for mobile sources, such
as automotive or marine diesel fuel, would be exempt from this rule. A
person subject to this rule would be required to demonstrate compliance
through recordkeeping and/or continuous monitoring or sampling. Owners
or occupants of a single-family residence and the owners or managers of
a residential building with four or fewer units are not subject to the
sulfur content recordkeeping requirements if the furnace fuel is
purchased from a licensed fuel distributor.
This section is appropriate to protect air quality from the
potential for significant deterioration caused by the release of sulfur
dioxide, which is regulated by a NAAQS under section 109 of the CAA.
Fuel combustion sources can emit sulfur dioxide. This section would
limit the amount of sulfur in fuels to control the amount of sulfur
dioxide emitted to the atmosphere and minimize ground-level
concentrations of sulfur dioxide.
The majority of the State and local air agency rules that EPA
reviewed contain the same level of control that EPA is proposing for
the sulfur content in each type of fuel.
Section 49.131--Open burning. This rule would prohibit certain
materials from being open burned, such as: Garbage, dead animals,
junked motor vehicles, tires or rubber materials, plastics, asphalt or
composition roofing, tar, tarpaper, petroleum products, paints, paper
or cardboard other than what is necessary to start a fire, lumber or
timbers treated with preservatives, construction debris or demolition
waste, pesticides, herbicides, hazardous wastes, or any material other
than natural vegetation that normally emits dense smoke or noxious
fumes when burned (see rule for a complete list). The following
situations would be exempt from certain provisions of this rule: Fires
set for cultural or traditional purposes, including fires within
structures such as sweat houses or lodges; fires set for recreational
purposes, provided that no prohibited materials are burned; the burning
of combustible household waste in burn barrels at single-family
residences or residential buildings with four or fewer dwelling units;
with permission from the Regional Administrator, open outdoor fires
used by qualified personnel to train firefighters in the methods of
fire suppression and fire fighting techniques, provided that training
fires are not allowed to smolder after the training session has
terminated; with permission from the Regional Administrator, one open
outdoor fire each year to dispose of fireworks and associated packaging
materials; and open burning for the disposal of diseased animals or
infested material by order of a public health official. All open
burning, except for cultural and traditional purposes, would be
prohibited under the following circumstances: The Regional
Administrator declares a burn ban due to deteriorating air quality; the
National Weather Service issues an air stagnation advisory; or the
Regional Administrator declares an air pollution alert, air pollution
warning, or air pollution emergency. This section also describes the
practices a person subject to this rule must follow in conducting an
open burn.
This section is appropriate to protect air quality from the
potential for significant deterioration caused by the release of
particulate matter, which is regulated by a NAAQS under section 109 of
the CAA. This rule would limit the amount of particulate matter emitted
to the atmosphere. All of the State and local air agency rules that EPA
examined have an open burning rule with procedures, conditions,
prohibitions and exemptions similar to those in the rule that EPA is
proposing.
Section 49.132--Open burning permits. Any person who conducts an
open burn would be required to: (1) Apply for and obtain a permit for
each open burn; (2) have the permit available on site during the open
burn; (3) conduct the open burn in accordance with the terms and
conditions of the permit; and (4) comply with the General rule for open
burning (Sec. 49.131) or the EPA-approved Tribal open burning rules in
a TIP, as applicable. The following activities are exempt: Fires set
for cultural or traditional purposes, including fires within structures
such as sweat houses or lodges; fires for recreational purposes,
provided that no prohibited materials are burned; forestry or
silvicultural burning; agricultural burning; and the burning of
combustible household waste in burn barrels at single family residences
or residential buildings with four or fewer dwelling units. The
Regional Administrator shall take into consideration the size,
duration, and location of the proposed open burn, the current and
projected air quality conditions, forecasted meteorological conditions,
and other scheduled burning activities in the surrounding area in
determining whether to issue the permit.
This section is designed to protect air quality from the potential
for significant deterioration caused by the release of particulate
matter, which is regulated by a NAAQS under section 109 of the CAA. EPA
is proposing to promulgate this rule only for reservations where EPA
finds, in consultation with the relevant Tribe, that the rule is
appropriate. EPA will base the determination of whether this rule is
appropriate for a particular reservation on a number of factors,
including the prevalence of these activities on the reservation, the
significance of the resulting pollution on air quality in the area and
adjacent airsheds, and the absence of Tribal laws to control the
pollution. EPA anticipates that Tribes will seek EPA delegation to
implement this rule on their reservation. In this rulemaking, EPA is
proposing that Sec. 49.132 will apply only on the Nez Perce Reservation
and the Umatilla Indian Reservation, as shown in Table 2.
Most of the State and local air agency rules that EPA reviewed have
a permitting program for open burning with procedures, conditions,
prohibitions and exemptions similar to those in the rule that EPA is
proposing.
Section 49.133--Agricultural burning permits. Any person who
conducts an agricultural burn would be required to: (1) Apply for and
obtain a permit for each agricultural burn; (2) have the permit
available on site during the agricultural burn; (3) conduct the burn in
accordance with the terms and conditions of the permit; and (4) comply
with the General rule for open burning (Sec. 49.131) or the EPA-
approved Tribal open burning rules in a TIP, as applicable.
This section is designed to protect air quality from the potential
for significant deterioration caused by the release of particulate
matter, which is regulated by a NAAQS under section 109 of the CAA.
This rule would limit the amount of particulate matter emitted to the
atmosphere from unregulated agricultural burning activities. EPA is
proposing to promulgate this rule only for reservations where EPA
finds, in consultation with the relevant Tribe, that the rule is
appropriate. EPA will base the determination of whether this rule is
appropriate for a particular reservation on a number of factors,
including the prevalence of agricultural burning activities on the
reservation, the significance of the resulting pollution on air quality
in the area and adjacent airsheds, and the absence of Tribal laws to
control the pollution. EPA anticipates that Tribes will seek EPA
delegation to implement this rule on their reservation. In this
rulemaking, EPA is proposing that Sec. 49.133 will apply only on the
Nez Perce Reservation and the Umatilla Indian Reservation, as shown in
Table 2.
Two of the States, three local air agencies, and one Tribe in
Region 10 have established a permitting program
[[Page 11757]]
for agricultural burning with procedures, conditions, prohibitions, and
exemptions similar to those in the rule that EPA is proposing.
Section 49.134--Forestry burning permits. Any person who conducts a
forestry burn would be required to: (1) Apply for and obtain a permit
for each forestry burn; (2) have the permit available on site during
the forestry burn; (3) conduct the burn in accordance with the terms
and conditions of the permit; and (4) comply with the General rule for
open burning (Sec. 49.131) or the EPA-approved Tribal open burning
rules in a TIP, as applicable.
This section is designed to protect air quality from the potential
for significant deterioration caused by the release of particulate
matter, which is regulated by a NAAQS under section 109 of the CAA.
This rule would limit the amount of particulate matter emitted to the
atmosphere from unregulated forestry burning activities. EPA is
proposing to promulgate this rule only for reservations where EPA
finds, in consultation with the relevant Tribe, that the rule is
appropriate. EPA will base the determination of whether this rule is
appropriate for a particular reservation on a number of factors,
including the prevalence of forestry burning activities on the
reservation, the significance of the resulting pollution on air quality
in the area and adjacent airsheds, and the absence of Tribal laws to
control the pollution. This rule would protect air quality on those
reservations where forestry burning can contribute to air quality
deterioration. EPA anticipates that Tribes will seek EPA delegation to
implement this rule on their reservation. In this rulemaking, EPA is
proposing that Sec. 49.134 will apply only on the Nez Perce Reservation
and the Umatilla Indian Reservation, as shown in Table 2.
Three of the States in Region 10 have established a permitting
program for forestry burning with procedures, conditions, prohibitions,
and exemptions similar to those in the rule that EPA is proposing.
Sections 49.135 and 49.136--Emissions detrimental to persons or
property. These are two alternatives to regulate emissions that are
detrimental, and EPA would promulgate one of the rules for each
reservation. For both Secs. 49.135 and 49.136, an owner or operator of
an air pollution source would not be 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 is, or would likely be, injurious to human health and
welfare. The Tribal alternative rule Sec. 49.136 would include the same
requirements as Sec. 49.135, and also authorize controls when the
Regional Administrator determines an emission does, or is likely to,
unreasonably interfere with the enjoyment of life or property or damage
unique Tribal cultural or traditional resources. If the Regional
Administrator makes such a determination under Sec. 49.135 or
Sec. 49.136, EPA is proposing that the Regional Administrator would be
able to require the source to install air pollution controls or to take
reasonable precautions to reduce or prevent the emissions.
Section 49.136 would provide additional protection of unique Tribal
resources, and would be promulgated on reservations only where EPA
finds, in consultation with the relevant Tribe, that the rule is
appropriate. EPA will base this determination on a number of factors,
including the prevalence of activities on the reservation which can
affect unique Tribal cultural or traditional resources, the
significance of the resulting pollution on those resources, and the
absence of Tribal laws to control the pollution. In this rulemaking,
EPA is proposing that the Tribal alternative rule Sec. 49.136 will
apply only on the Nez Perce Reservation and the Umatilla Indian
Reservation, as shown in Table 2.
Most State and local air agency rules incorporate similar
provisions prohibiting emissions detrimental to persons or property.
Section 49.137--Air pollution episodes. Under Sec. 49.137, the
Regional Administrator could issue warnings about air quality that
would apply to any person who owns or operates an air pollution source
on Indian reservations. An air pollution alert, air pollution warning,
or air pollution emergency could be declared by the Regional
Administrator whenever it is determined that the accumulation of air
pollutants in any place is attaining, or has attained, levels that
could lead to a threat to human health. These announcements would be
broadcast on local television and radio stations in the affected area
and posted on their websites. Announcements will also be posted on the
EPA Region 10 website and, where possible, on the websites of Tribes
within the affected area. These announcements will indicate that air
pollution levels exist that could potentially be harmful to human
health, describe actions that people can take to reduce exposure,
request voluntary actions to reduce emissions from sources of air
pollutants, and indicate that a ban on open burning is in effect.
Voluntary or mandatory curtailment of emissions could be declared by
the Regional Administrator.
Most State and local air agencies have rules for air pollution
episodes with procedures and conditions similar to those in the rule
that EPA is proposing. Section 110(a)(2)(G) of the Clean Air Act and 40
CFR part 51, Subpart H of EPA's regulations require agencies to have
pre-planned procedures to follow in the event of an air pollution
episode as well as adequate authorities to require sources to reduce
emissions in order to protect public health. Section 49.137 is
consistent with EPA's requirements for State and local agencies as set
forth in 40 CFR part 51, Subpart H and the model procedures in 40 CFR
part 51, Appendix L.
Section 49.138--Registration of air pollution sources and reporting
of emissions. Any person who owns or operates an air pollution source
except those exempted below would be required to register the source
with EPA. A person subject to this rule must register the air pollution
source by no later than one year after the effective date of these
rules. A new air pollution source must register within 90 days after
beginning operation. Sources must re-register each year and provide
updates on any changes since the previous registration. The following
sources are exempt from this rule: mobile sources; single family
residences, and residential buildings with four or fewer units; air
conditioning units used for human comfort that are not subject to
applicable requirements under Title VI of the CAA and do not exhaust
air pollutants into the atmosphere from any manufacturing or industrial
process; ventilating units used for human comfort that do not exhaust
air pollutants into the atmosphere from any manufacturing or industrial
process; furnaces and boilers used exclusively for space heating with a
rated heat input capacity of less than 400,000 Btu per hour; cooking of
food, except for retail and wholesale businesses that both cook and
sell cooked food; consumer use of office equipment and products;
janitorial services and consumer use of janitorial products;
maintenance and repair activities, except for air pollution sources
engaged in the business of maintaining and repairing equipment, such as
automobile repair shops or appliance repair shops; agricultural
activities and forestry activities, including agricultural burning and
forestry burning; and open burning.
This requirement is appropriate as it would enable EPA to develop
and maintain accurate records of air pollution sources and their
emissions
[[Page 11758]]
on reservation lands. Maintaining an accurate inventory of sources and
emissions would help EPA protect air quality from potential significant
deterioration that can occur if many sources within a particular area
increase their air pollutant emissions. While the emission increase at
each facility may be de minimis, the cumulative effect of the increases
may be significant. The registration program would enable EPA to track
trends and identify potential problems before they arise.
Many State and local air agencies have a registration program or a
permitting program to collect information similar to that required by
the registration program in this section.
Section 49.139--Rule for non-Title V operating permits. This
section would create a permitting program to provide for the
establishment of Federally-enforceable requirements for air pollution
sources on Indian reservations. This rule would apply in the following
three situations: (1) The owner or operator of any source wishes to
obtain a Federally-enforceable limitation on the source's actual
emissions or potential to emit and submits an application to the
Regional Administrator requesting such limitation; (2) the Regional
Administrator determines that additional Federally-enforceable
requirements for a source are necessary to ensure compliance with the
Federal or, if applicable, Tribal Implementation Plan; or (3) the
Regional Administrator determines that additional Federally-enforceable
requirements for a source are necessary to ensure the attainment and
maintenance of any NAAQS or PSD increment. A source that would
otherwise require a Part 71 Federal operating permit may instead obtain
an operating permit under this section that limits its potential to
emit to below major source thresholds so that the source is not subject
to Part 71. The Regional Administrator would write the operating permit
and follow the consultation and public comment procedures described in
this rule.
This rule would provide air pollution sources on reservations with
air quality control requirements and regulatory alternatives similar to
those available to sources located off-reservation. The rule also would
enable the Regional Administrator to require further air emission
reductions if necessary to attain or maintain the NAAQS or PSD
increment.
All State and local air agencies have a permitting mechanism to
control emissions and to allow a source to limit its potential to emit
so that it is not subject to Title V or other requirements for major
stationary sources with procedures, conditions, prohibitions, and
exemptions similar to those in the rule that EPA is proposing.
C. Rules Proposed for Specific Reservations
The proposed rules that follow this discussion identify for each
Indian Tribe listed in Subpart M the specific rules that EPA is
proposing to promulgate as a FIP for the Indian reservation of that
Tribe. Subpart M is organized to contain the implementation plan for
each Indian Tribe with a reservation. This plan will consist of a
combination of Tribal rules and measures and Federal regulations and
measures that apply to all applicable sources within the specific
reservation, including trust lands set aside for the Tribe.
While most of the rules in the FIPs constitute a base program that
EPA is proposing for all reservations in Idaho, Oregon, and Washington,
some of the proposed FIPs would include additional rules where specific
needs have been identified through consultation with Tribes. Table 1
lists the ``Base Program'' rules, as well as the ``Additional Rules''.
The following ``Additional Rules'' are being proposed for three
reservations (see Table 2 below) where EPA has found, in consultation
with the relevant Tribe, that it is appropriate to establish these
requirements in order to control air pollution.
EPA is proposing the rules listed in Table 2 for the Nez Perce
Reservation to limit the amount of particulate matter emitted to the
atmosphere in the airsheds in and around the Reservation. EPA has
found, in consultation with the Nez Perce Tribe, that these rules are
appropriate because the activities that would be regulated by these
rules are taking place on the Nez Perce Reservation. Specifically, the
woodwaste burners, the wood products industries, open burning,
agricultural, and forestry activities may be significant contributors
to air quality concerns in the area. Based on consultations with the
Nez Perce Tribe, EPA also is concerned that air pollution sources could
adversely affect cultural or traditional resources of the Tribe in ways
that may not be adequately protected by Tribal law.
For the Umatilla Reservation, EPA is proposing the rules listed in
Table 2 to limit the amount of particulate matter emitted to the
atmosphere and airsheds in and around the Reservation. EPA has found,
in consultation with the Confederated Tribes of the Umatilla
Reservation, that these rules are appropriate because the activities
that would be regulated by these rules are taking place on the Umatilla
Reservation. Specifically, open burning, agricultural, and forestry
activities may be significant contributors to air quality concerns in
the area. Based on consultations with the Confederated Tribes of the
Umatilla Reservation, EPA also is concerned that air pollution sources
could adversely affect cultural or traditional resources of the Tribes
in ways that may not be adequately protected by Tribal law.
Finally, EPA is proposing the rules listed in Table 2 for the
Colville Reservation to limit the amount of particulate matter emitted
to the atmosphere in the airsheds in and around the area. EPA has
found, in consultation with the Confederated Tribes of the Colville
Reservation, that these rules are appropriate because the operations of
woodwaste burners and wood products facilities located on the Colville
Reservation cause the release of particulate matter which may adversely
affect air quality in ways that may not be adequately protected by
Tribal law.
Correspondence from these Tribes providing relevant information and
requesting that EPA propose these Additional Rules are included in the
docket for this proposal.
Table 2.--Reservation Specific Additional Rules
------------------------------------------------------------------------
Rule # Additional rules
------------------------------------------------------------------------
Nez Perce Reservation, Lapwai, Idaho
------------------------------------------------------------------------
Section 49.127............... Rule for woodwaste burners.
Section 49.128............... Rule for limiting particulate matter
emissions from wood products industry
sources.
Section 49.132............... Rule for open burning permits.
Section 49.133............... Rule for agricultural burning permits.
Section 49.134............... Rule for forestry burning permits.
[[Page 11759]]
Section 49.136............... Rule for emissions detrimental to
persons, property, cultural or
traditional resources.
------------------------------------------------------------------------
Umatilla Indian Reservation, Pendleton, Oregon
------------------------------------------------------------------------
Section 49.132............... Rule for open burning permits.
Section 49.133............... Rule for agricultural burning permits.
Section 49.134............... Rule for forestry burning permits.
Section 49.136............... Rule for emissions detrimental to
persons, property, cultural or
traditional resources.
------------------------------------------------------------------------
Colville Indian Reservation, Nespelem, Washington
------------------------------------------------------------------------
Section 49.127............... Rule for woodwaste burners.
Section 49.128............... Rule for limiting particulate matter
emissions from wood products industry
sources.
------------------------------------------------------------------------
D. Costs Associated With These Rules and Request for Comment
As part of developing these proposed rules, EPA conducted an
analysis of the expected costs should these rules be adopted. Included
in the docket for this rulemaking is an Economic Impact Analysis (EIA)
that was prepared to assist EPA in estimating the costs of compliance
for the sources that would be subject to these rules.
For the purposes of generating cost estimates for each of the
proposed rules, EPA assumed that there will be no capital costs
incurred under any of these rules. EPA makes this assumption because
the unique nature of this rule--sources are believed to be complying in
the absence of the rule because they thought they were subject to State
and local rules--makes it difficult to establish a counterfactual
baseline showing what sources would be doing had they realized they
were not subject to those rules under the CAA. Furthermore, based on
information obtained from State, local, and Tribal authorities, as well
as the businesses and other entities affected by these rules, EPA does
not anticipate that facilities will add control devices as a result of
these rules. In addition, EPA has not estimated operation and
maintenance (O&M) costs to comply with these rules. EPA believes that
O&M costs should be considered, but insufficient data were available to
estimate them. O&M costs estimates based on information gathered from
comments on the proposal will be included in the analysis for the final
rule.
Thus the costs estimated for these rules are primarily the labor
costs associated with record keeping and reporting under the
regulations. Costs for both the basic rules and additional rules were
estimated in the EIA. For the basic rules, the annualized labor costs
and non-labor costs were estimated to be $117,000 and $17,000,
respectively, while incremental capital costs and incremental O&M costs
were assumed to be zero. Thus, the total estimated cost associated with
the basic rules is $134,000. Cost estimates for the additional rules
only account for costs on those reservations for which EPA has proposed
additional rules. The additional rules were estimated to have
annualized labor costs of $23,000, while non-labor costs, incremental
capital costs, and incremental O&M costs were each assumed to equal
zero for a total of $23,000. Overall, annualized labor costs were
estimated to be $140,000, annualized non-labor costs are estimated to
be $17,000, incremental capital costs are assumed to be zero, and
incremental O&M costs are assumed to be zero for a total estimated cost
of $157,000.
The information available to EPA for this analysis was assembled
from a number of sources, including surveys of sources on the
reservations, consultations with the sources and Tribal governments,
and EPA's experience with air quality issues in the Pacific Northwest.
Based on this information, several assumptions were made in order to
estimate the expected compliance costs associated with these rules. EPA
is now seeking comment on these assumptions. While comments on all
aspects of the analysis are solicited, EPA specifically is soliciting
comments on the assumptions described below regarding capital costs,
O&M costs, and the costs of meeting visible emission and fugitive
emission requirements, conducting source tests, and meeting the sulfur
content in fuel limits.
EPA is seeking comments on the assumption that no incremental
capital costs would be required by these rules. The O&M costs
associated with the continued compliance with these rules are expected
to be small. However, there were insufficient data to estimate the
magnitude of these costs. Therefore, EPA is requesting comment and
supplemental information if appropriate on the expected O&M costs that
would result from continued compliance with these rules. In addition,
EPA would like comments on the following assumptions used for costing
several of the individual rules. For the visible emission rule, it was
assumed for costing purposes that two facilities would voluntarily
train their own visible emissions readers and would send them to
retraining each year. For the fugitive particulate matter emissions
rule, it was assumed that an average of one construction project per
reservation per year would need to develop and update particulate
matter control plans. Under the particulate matter rule and the sulfur
dioxide rule, it was assumed that six facilities and one facility,
respectively, would conduct source tests within the first three years
(Method 5 tests for the particulate matter rule and Method 6 tests for
the sulfur dioxide rule). Finally, for the sulfur content of fuels
rule, EPA assumed that fuel distributors have access to data on the
sulfur content of delivered fuel and that fuel purchases would be
unaffected because the fuel currently available already meets the
sulfur limits established in the rule. EPA would like feedback from
interested parties on the accuracy of these assumptions and suggestions
for modifications, if applicable. For additional details on the
assumptions used in the development of the estimated compliance costs
associated with these rules, the reader is referred to the EIA.
IV. Request for Public Comment
EPA solicits comments on all aspects of today's proposal. In this
proposal, EPA is trying to create a level playing field without
imposing significant new costs to sources. Interested parties should
submit comments by mail or in person to the address listed in the front
of this proposal. Be sure to identify the
[[Page 11760]]
appropriate docket control number (#A-2000-25) in your correspondence.
Your comments must be received by June 13, 2002 to be considered in the
final action taken by EPA.
You may also comment on this proposal by attending the public
hearing if one is held and providing oral comments. If EPA determines
that a hearing should be held, the date and time will be announced in
the local papers. You may also call David Bray at (206) 553-4253 to
determine if a hearing will be held and to obtain the time and
location.
V. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, EPA has determined
that this proposed rulemaking is a ``significant regulatory action''
because it may raise novel legal or policy issues. The rulemaking marks
the first time that, under the Clean Air Act, EPA has proposed Federal
Implementation Plans for specific reservations that would be generally
applicable to all sources within the exterior boundaries of those
reservations.
However, EPA's analysis indicates that this rulemaking will not
have a significant economic impact. EPA is finding that many sources on
Indian reservations have historically been following similar air
programs that are established by State and local agencies acting under
State law or local rules. Although EPA has not approved SIPs as
extending into Indian country under the CAA, some sources located on
Indian reservations have made efforts to follow those programs. Most
industrial sources on the Region 10 reservations have installed or
upgraded air pollution control equipment to conform with State or local
air programs without challenging the authority of those agencies within
Indian country. As a result, these sources already have pollution
controls that would satisfy State and local rules.
As discussed above in section III.A, this rulemaking would
establish regulatory requirements for sources under the authority of
the CAA that are substantially similar to the requirements of adjacent
jurisdictions that most sources already meet. Thus, it is EPA's
expectation that these rules would not impose significant costs or
require changes at regulated sources. Nevertheless, because of the
limited precedent this rulemaking would set, this action was submitted
to OMB for review. Any written comments from OMB to EPA, any written
EPA response to those comments, and any changes made in response to OMB
suggestions or recommendations are included in the docket. The docket
is available for public inspection at the EPA's Air Docket Section in
Washington DC and at EPA Region 10 in Seattle, Washington. See the
ADDRESSES section of this preamble for specific addresses and times
when the docket may be reviewed.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, (5 U.S.C. 601 et seq.) (RFA), as
amended by the Small Business Regulatory Enforcement Fairness Act (Pub.
L. 104-121) (SBREFA), generally requires an agency to prepare a
regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of today's rulemaking on
small entities, small entity is defined as: (1) A small business as
defined by the RFA (based on Small Business Administration size
standards); (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
Based on our economic analysis, we certify that this action will
not have a significant economic impact on a substantial number of small
entities. The economic analysis shows the total annual compliance costs
of the basic and additional rules to be approximately $1,000 per small
business. The cost-to-sales ratio for small business entities is
expected to be less than one percent, with the exception of one
facility whose estimated ratio is 1.15, when the worst-case scenario is
applied.
Although this proposed rulemaking will not have a significant
economic impact on a substantial number of small entities, EPA also has
included a number of exemptions in the rules where appropriate to
reduce impacts of this rulemaking on small entities. There are 13 rules
that EPA proposes to apply to all reservations in Idaho, Oregon and
Washington. Of these 13 rules, one (Sec. 49.121) provides an
introduction, one (Sec. 49.122) provides delegation procedures for
Tribes, and one (Sec. 49.123) provides definitions. The remaining ten
(Secs. 49.124, 49.125, 49.126, 49.129, 49.130, 49.131, 49.135, 49.137,
49.138, 49.139) have some regulatory effect. Eight of these ten contain
exemptions for sources considered sufficiently small, such as
households or the owners of mobile sources. Only two rules, one that
addresses emissions detrimental to persons (Sec. 49.135) and one that
addresses air pollution episodes (Sec. 49.137), do not include
exemptions. These two rules require determinations by the Regional
Administrator and would only be used when EPA determines that adverse
effects of air pollution warrant their use.
In developing this proposal, EPA consulted extensively with Tribal
governments regarding the potential impacts of these rules (see section
G below). In order to better understand the implications of these rules
for small entities, as part of the consultations with Tribal
representatives, EPA also explored the possible effects for small
businesses operating on Tribal lands. Moreover, while making site
visits to Tribal reservations, EPA staff met one-on-one with numerous
small business owner/operators and discussed today's proposal. Also
during the course of these rules' development, EPA attended and made
presentations about this activity at numerous public meetings and
conferences; venues at which representatives of Tribally-owned and
Indian-owned small businesses were present and had opportunities to
[[Page 11761]]
comment on the rule. We continue to be interested in the potential
impacts of the proposed rulemaking on small entities and welcome
comments on issues related to such impacts. In addition, EPA intends to
continue outreach to affected businesses, especially small businesses,
during the public comment period to provide additional opportunities
for input from small entities.
C. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Section 205 generally requires that, before promulgating a
rule for which a written statement must be prepared, EPA identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator explains why that alternative was not adopted. Finally,
section 203 requires that, before establishing any regulatory
requirements that may significantly or uniquely affect small
governments, EPA must have developed a small government agency plan.
The plan must provide for notifying any potentially affected small
governments to have meaningful and timely input in the development of
EPA regulatory proposals with significant Federal intergovernmental
mandates, and informing, educating, and advising small governments on
compliance with the regulatory requirements.
EPA has determined that this 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, there is no
expenditure in implementing and enforcing the rules because the rules
would provide that EPA would take on that responsibility unless a Tribe
chooses to assist EPA or assume responsibility for its own reservation.
In such a case, EPA would seek to provide funding to support these
efforts. Thus, today's rules are not subject to the requirements of
sections 202 and 205 of UMRA.
In developing this rulemaking, EPA consulted with small governments
pursuant to its interim plan established under section 203 of the UMRA
to address impacts of regulatory requirements in the rules that might
significantly or uniquely affect small governments. As explained in the
discussion of Executive Order 13175 in section G below, among other
things, 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
proposals. 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.
D. Paperwork Reduction Act
The information collection requirements in this proposed rulemaking
have been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(ICR No. 2020.01) and a copy may be obtained from Sandy Farmer by mail
at Collection Strategies Division; U.S. Environmental Protection Agency
(2822); 1200 Pennsylvania Ave., NW, Washington, DC 20460, by email at
[email protected], or by calling (202) 260-2740. A copy may
also be downloaded off the internet at
http://www.epa.gov/icr.
The proposed FIPs include information collection requirements
related to the registration of and reporting of emissions from air
pollution sources. EPA believes these information collection
requirements are appropriate because they would enable EPA to develop
and maintain accurate records of air pollution sources and their
emissions on reservation lands. As discussed in the summary of
Sec. 49.138 in section III.A. of this preamble, maintaining an accurate
inventory of sources and emissions would, among other things, help EPA
protect air quality from potential significant deterioration that can
occur if many sources within a particular area increase their air
pollutant emissions. These registration requirements would be mandatory
under Sec. 49.138. Regulated entities would be able to assert claims of
business confidentiality and EPA would treat these claims in accordance
with the provisions of 40 CFR part 2, Subpart B.
The reporting and record keeping burden for this collection of
information is described below. Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
EPA estimates that the owners or operators of facilities affected
by these basic and additional rules will incur a total of $140,000 in
labor costs and $17,000 in non-labor costs to comply with the
information collection requirements of these rules.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Comments
are requested on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including through the use of automated
collection techniques. Send comments on the ICR to the Director,
Collection Strategies Division; U.S. Environmental Protection Agency
(2822); 1200 Pennsylvania Ave., NW., Washington, DC 20460; and to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th St., NW., Washington, DC 20503, marked ``Attention:
Desk Officer for
[[Page 11762]]
EPA.'' Include the ICR number in any correspondence. Since OMB is
required to make a decision concerning the ICR between 30 and 60 days
after March 15, 2002, a comment to OMB is best assured of having its
full effect if OMB receives it by April 15, 2002. The final rule will
respond to any OMB or public comments on the information collection
requirements contained in this proposal.
E. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rulemaking is not subject to the Executive Order
because it is not economically significant as defined in Executive
Order 12866. Further, it does not concern an environmental health or
safety risk that EPA has reason to believe may have disproportionate
effect on children.
F. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.''
``Policies that have Federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has Federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that had Federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
This proposed rulemaking does not have Federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. These rules only
prescribe regulations for facilities in areas where a State does not
administer an approved Clean Air Act program, and thus does not have
any direct effect on any State. Moreover, it does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. Thus, Executive Order 13132 does not
apply to this rulemaking. EPA has provided advance draft copies of the
proposed rules to State and local authorities in Idaho, Oregon and
Washington. Generally, the States are pleased that EPA is developing
rules for Indian reservations, as the rules will create more parity in
the regulatory environment between on-reservation and off-reservation
lands. In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed
rulemaking from State and local officials.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
Under section 5(b) of Executive Order 13175, EPA may not issue a
regulation that has Tribal implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by Tribal governments, or EPA consults with
Tribal officials early in the process of developing the proposed
regulation. Under section 5(c) of Executive Order 13175, EPA may not
issue a regulation that has Tribal implications and that preempts
Tribal law, unless the Agency consults with Tribal officials early in
the process of developing the proposed regulation.
EPA has concluded that this proposed rule will have Tribal
implications. These regulations would significantly affect specific
Indian reservation communities by filling the gap in air quality
regulations and thus creating a level of air quality protection not
previously provided under the CAA. However, the air quality
requirements proposed here are applicable broadly to all sources within
the identified Indian reservation areas, and are not uniquely
applicable to Tribal governments. The gap-filling approach used in this
proposal would create Federal requirements similar to those that are
already in place in jurisdictions adjacent to the reservations covered
by the proposal. Tribal governments may incur some compliance costs in
meeting those requirements that apply to sources they own or operate;
however, the economic impacts analysis does not indicate that those
costs will be significant. Finally, although Tribal governments are
encouraged to partner with EPA on the implementation of these
regulations, they are not required to do so. EPA will seek to provide
funding to Tribes that apply for delegation of EPA's authority to
administer specific rules to support their activities. Since this
proposed rulemaking will neither impose substantial direct compliance
costs on Tribal governments, nor preempt Tribal law, the requirements
of sections 5(b) and 5(c) of the Executive Order do not apply to this
rule.
Consistent with EPA policy, EPA consulted with Tribal officials and
representatives of Tribal governments early in the process of
developing this regulation to permit them to have meaningful and timely
input into its development. The concept for this rulemaking grew from
discussions related to implementation of the CAA and the TAR with
Tribes throughout Region 10 who are engaged in developing Tribal air
quality programs. EPA Region 10 began assembling an inventory of air
pollution sources in 1995, and EPA has been working with Tribes and
other air management agencies since then to better determine the need
for specific rules and to evaluate alternatives for Tribal and Federal
programs. Based on the
[[Page 11763]]
discussions and inventory development, EPA decided to develop the
proposed approach to rulemaking that would be tailored to the air
quality issues of Tribes in Idaho, Oregon and Washington.
In June 1999, EPA Region 10 met in Seattle, Washington, with Tribal
leaders, managers, and attorneys to introduce the Tribal Air Rules
Project. A generally favorable response from Tribal leadership to the
project led EPA to prepare a formal consultation package that included
preliminary rules, and the package was distributed for review to the
leadership of all of the potentially affected Tribes in Idaho, Oregon,
and Washington. In August 1999, EPA Region 10 held three technical
meetings with Tribal staff who are air specialists for in-depth
discussions. Thirteen Tribes participated in these technical meetings.
The Consultation Record in the docket for this proposal provides
detailed information on the consultations.
In July 2000, a complete draft of the proposed rules was formally
distributed to all 41 of the Tribal governments in Idaho, Oregon, and
Washington. At the time of this proposal, 39 of the 41 Tribes have
reservations. Two Tribes recently received Federal recognition and do
not have reservation lands yet. The letter that transmitted the rule
package was addressed to the Tribal Chair and sent by certified mail.
Complete copies of the package were sent to the Natural Resource or
Environmental Director at each Tribe and to the air specialist, in
cases where the Tribe has one. In the letter, EPA Region 10 requested
that the Tribe provide their views and comments on the proposed rules
by September 30, 2000, and identify any additional rules that the Tribe
would like EPA to propose for a particular reservation.
EPA Region 10 conducted follow-up telephone inquiries to offer
opportunities for Tribes to participate in conference calls, group
consultation meetings with EPA Region 10, and individual meetings with
EPA Region 10. EPA Region 10 reached 39 of the 41 Tribes through these
initial telephone contacts. In September and October of 2000, EPA
Region 10 held four consultation meetings to discuss the draft proposed
rulemaking package in Spokane, Puyallup, the Swinomish Reservation, and
Portland. In the 2000 consultation round, 19 Tribes participated in
face-to-face meetings with EPA Region 10. Another seven tribes
consulted with EPA Region 10 through individual or group conference
calls. Three Tribes submitted comments supporting the rule and
requesting that EPA propose specific rules for their reservation.
Please see the consultation record for more detailed information on the
consultations. In the spirit of Executive Order 13175, and consistent
with EPA policy to promote communications between EPA and Tribal
governments, EPA specifically solicits additional comment on this
proposed rule from Tribal officials.
H. Executive Order 13211: Energy Effects
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. Further, we have
concluded that this rule is not likely to have any adverse energy
effects, because the facilities affected already have the pollution
controls in place to enable them to comply with these rules.
I. National Technology Transfer and Advancement Act of 1995 (NTTAA)
Section 12(d) of NTTAA, Public Law 104-113, section 12(d) (15
U.S.C. 272 note) directs EPA to use voluntary consensus standards in
its regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices) that are developed or adopted
by voluntary consensus standards bodies. The NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary standards.
This proposed rulemaking involves technical standards. EPA proposes
to use American Society for Testing and Materials (ASTM) Methods and
generally accepted test methods previously promulgated by EPA. Because
all of these methods are generally accepted and are widely used by
State and local agencies for determining compliance with similar rules,
EPA believes it would be impracticable and potentially confusing to put
in place methods that vary from what is already accepted. As a result,
EPA believes it is unnecessary and inappropriate to consider
alternative technical standards. Nevertheless, EPA welcomes comments on
this aspect of the proposed rulemaking and, specifically, invites the
public to identify potentially-applicable voluntary consensus standards
and to explain why such standards should be used in these regulations.
List of Subjects in 40 CFR Part 49
Environmental protection, Air pollution control, Indians,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: February 13, 2002.
Christine Todd Whitman,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:
PART 49--TRIBAL CLEAN AIR ACT AUTHORITY
1. The authority citation for part 49 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Part 49 is amended by revising subpart C to read as follows:
Subpart C--General Federal Implementation Plan Provisions
Sec.
49.101-49.120 [Reserved]
General Rules for Application to Indian Reservations in EPA Region 10
49.121 Introduction.
49.122 Delegation of 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 open burning permits.
49.133 Rule for agricultural burning permits.
49.134 Rule for forestry burning permits.
49.135 Rule for emissions detrimental to human health and welfare.
49.136 Rule for emissions detrimental to persons, property,
cultural or traditional resources.
49.137 Rule for air pollution episodes.
49.138 Rule for the registration of air pollution sources and the
reporting of emissions.
49.139 Rule for non-Title V operating permits.
49.140-49.200 [Reserved]
[[Page 11764]]
Subpart C--General Federal Implementation Plan Provisions
Secs. 49.101-49.120 [Reserved]
General Rules for Application to Indian Reservations in EPA Region
10
Sec. 49.121 Introduction.
(a) What is the purpose of these rules? These ``General Rules for
Application to Indian Reservations in EPA Region 10'' establish
emission limitations and other requirements for air pollution sources
located within Indian reservations in Idaho, Oregon, and Washington
that are appropriate in order to ensure a basic level of air pollution
control and to protect public health and welfare.
(b) How were these rules developed? These ``General Rules for
Application to Indian Reservations in EPA Region 10'' were developed
through consultation with the Indian Tribes located in Idaho, Oregon,
and Washington. The rules take into consideration the current air
quality situations within Indian reservations, the known sources of air
pollution, the needs and concerns of the Indian Tribes in that portion
of Region 10, and the air quality rules in adjacent jurisdictions.
(c) When are these rules applicable to sources on a particular
Indian reservation? These ``General Rules for Application to Indian
Reservations in EPA Region 10'' apply to air pollution sources on a
particular Indian reservation when EPA has specifically promulgated one
or more rules into effect for that reservation. Rules shall be
promulgated into effect through notice and comment rulemaking and will
be specifically identified in the implementation plan for that
reservation in Subpart M--Implementation Plans for Tribes--Region 10,
of this Part. These ``General Rules for Application to Indian
Reservations in EPA Region 10'' will not apply to air pollution sources
located on newly established Tribal trust lands located outside the
exterior boundaries of an Indian reservation until after they are
promulgated into effect through notice and comment rulemaking.
Sec. 49.122 Delegation of authority to a Tribe.
(a) What is the purpose of this rule? The purpose of this rule,
Sec. 49.122, is to establish the process by which the Regional
Administrator may delegate to an Indian Tribe the authority to
administer all, or a portion of, the rules that have been promulgated
into effect in Subpart M of this Part for a particular Indian
reservation. This section provides for administrative delegation and
does not affect the eligibility criteria under 40 CFR 49.6 for
treatment in the same manner as a State.
(b) How does a Tribe request delegation? In order to be delegated
authority to administer the rules that are in effect in Subpart M of
this Part for a particular Indian reservation, the authorized
representative of a Tribe must submit a request to the Regional
Administrator that:
(1) Identifies the specific rules and provisions for which
delegation is requested;
(2) Identifies the Indian reservation for which delegation is
requested;
(3) Includes a statement by the applicant's legal counsel (or
equivalent official) that includes the following information:
(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 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 rules and provisions
for which delegation is requested; and
(4) Demonstrates that the Tribe has, or will have, adequate
resources to carry out the aspects of the rules and provisions for
which delegation is requested.
(c) How is the delegation of authority accomplished?
(1) A Delegation of Authority Agreement will set forth the terms
and conditions of the delegation, will specify the rules and provisions
that the Tribe shall be authorized to implement, and shall be entered
into by the Regional Administrator and the Tribe. The Regional
Administrator will not delegate authority to a Tribe for areas for
which EPA believes the Indian reservation status is in question. The
Agreement will become effective upon the date that both the Regional
Administrator and the authorized representative of the Tribe have
signed the Agreement. Once the delegation becomes effective, the Tribe
will have the authority under the Act, to the extent specified in the
Agreement, for administering the rules in effect in Subpart M of this
Part for the particular Indian reservation and shall act as the
Regional Administrator as that term is used in these regulations.
(2) A Delegation of Authority Agreement may be modified, amended,
or revoked, in part or in whole, by the Regional Administrator after
consultation with the Tribe.
(d) How will any delegation of authority be publicized? The
Regional Administrator shall publish a notice in the Federal Register
informing the public of any delegation of authority to a Tribe to
administer all or a portion of the rules in Subpart M of this Part that
apply for an Indian reservation and will indicate such delegation in
the implementation plan for the Indian reservation. The Regional
Administrator shall also publish an announcement of the delegation in
local newspapers.
Sec. 49.123 General provisions.
(a) Definitions. The following definitions apply for the purposes
of the ``General Rules for Application to Indian Reservations in EPA
Region 10''. Terms not defined herein have the meaning given to them in
the Act.
Act means the Clean Air Act, as amended (42 U.S.C. 7401 et seq.).
Actual emissions means the actual rate of emissions, in tons per
year, of an air pollutant from an air pollution source. For an existing
source, the actual emissions are the actual rate of emissions for the
most recently completed calendar year and must be calculated using the
actual operating hours, production rates, and types of materials
processed, stored, or combusted during that calendar year. For a new
source that has not operated for a complete calendar year, the actual
emissions are the estimated actual rate of emissions for the current
calendar year.
Administrator means the Administrator of the United States
Environmental Protection Agency (EPA) or an authorized representative
of the Administrator.
Agricultural activities means the usual and customary activities of
cultivating the soil, producing crops, and raising livestock for use
and consumption. Agricultural activities do not include manufacturing,
bulk storage, handling for resale, or the formulation of any
agricultural chemical.
Agricultural burning means burning of vegetative debris from an
agricultural activity that is necessary for disease or pest control, or
for crop propagation and/or crop rotation.
Air pollutant means any air pollution agent or combination of such
agents, including any physical, chemical, biological, radioactive
(including source material, special nuclear material, and by-product
material) substance or matter that is emitted into or otherwise enters
the ambient air. Such term includes any precursors to the formation of
any air pollutant, to the extent the Administrator has identified such
precursor or precursors for the
[[Page 11765]]
particular purpose for which the term air pollutant is used.
Air pollution source means any building, structure, facility,
installation, activity, or equipment that emits, or may emit, an air
pollutant.
Allowable emissions means the emission rate of an air pollution
source calculated using the maximum rated capacity of the source
(unless the source is subject to Federally-enforceable limits that
restrict the operating rate, hours of operation, or both) and the most
stringent of the following:
(1) The applicable standards in 40 CFR parts 60, 61, 62 and 63;
(2) The applicable implementation plan emission limitations,
including those with a future compliance date; or
(3) The emissions rates specified in Federally-enforceable permit
conditions.
Ambient air means that portion of the atmosphere, external to
buildings, to which the general public has access.
British thermal unit (Btu) means the quantity of heat necessary to
raise the temperature of one pound of water one degree Fahrenheit.
Burn barrel means a cylindrical steel vessel, no greater than 55
gallons in size, with an open top, bottom air holes, and equipped with
a steel spark screen, used for burning combustible household waste.
Coal means all fuels classified as anthracite, bituminous, sub-
bituminous, or lignite by the American Society for Testing and
Materials (ASTM) in ASTM Method D388-99, Standard Classification of
Coals by Rank.
Combustible household waste means paper, paper products, cardboard,
food packaging, plastic containers, garbage, rags, wood, and other
combustible waste materials resulting from general residential
activities, but does not include the following household wastes: tires;
rubber materials or products; plastic materials or products (except
containers); asphalt or composition roofing, or any other asphaltic
material or product; tar or tarpaper; petroleum products; paints;
timbers treated with preservatives; pesticides, herbicides, or
fertilizers; insulated wire; batteries; light bulbs; materials
containing mercury; or materials containing asbestos.
Combustion source means any source that combusts a solid fuel,
liquid fuel, or gaseous fuel, or an incinerator.
Continuous emissions monitoring system (CEMS) means the total
equipment used to sample, condition (if applicable), analyze, and
provide a permanent record of emissions.
Continuous opacity monitoring system (COMS) means the total
equipment used to sample, analyze, and provide a permanent record of
opacity.
Distillate fuel oil means any oil meeting the specifications of
ASTM Grade 1 or Grade 2 fuel oils in ASTM Method D396-98, Standard
Specification for Fuel Oils.
Emission means a direct or indirect release into the atmosphere of
any air pollutant; or the air pollutants released into the atmosphere.
Emission factor means an estimate of the rate at which an air
pollutant is released into the atmosphere, as the result of some
activity, divided by the rate of that activity.
Emission unit means any part of an air pollution source that emits,
or may emit air pollutants into the atmosphere.
Federally enforceable means enforceable by the Administrator under
the Act.
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.
Forestry or silvicultural burning means burning of vegetative
debris from a forestry or silvicultural activity that is necessary for
disease or pest control, reduction of fire hazard, reforestation, or
ecosystem management.
Fugitive dust means a particulate matter emission made airborne by
forces of wind, mechanical disturbance of surfaces, or both. Unpaved
roads, construction sites, and tilled land are examples of sources of
fugitive dust.
Fugitive particulate matter means particulate matter emissions that
do not pass through a stack, chimney, vent, or other functionally
equivalent opening. Fugitive particulate matter includes fugitive dust.
Garbage means food wastes.
Gaseous fuel means any fuel that exists in a gaseous state at
standard conditions, including but not limited to natural gas, propane,
fuel gas, process gas, and landfill gas.
Grate cleaning means removing ash from fireboxes.
Hardboard means a flat panel made from wood that has been reduced
to basic wood fibers and bonded by adhesive properties under pressure.
Heat input means the total gross calorific value (where gross
calorific value is measured by ASTM Method D240-92(1997)e2, D1826-
94(1998), D5865-99a, or E711-87(1996)) of all fuels burned.
Implementation plan means a Tribal implementation plan approved by
EPA pursuant to this Part or 40 CFR Part 51, or a Federal
implementation plan promulgated by EPA in this Part or in 40 CFR Part
52 that applies in Indian country, or a combination of Tribal and
Federal implementation plans.
Incinerator means any device, including a flare, designed to reduce
the volume of solid, liquid, or gaseous waste by combustion. This
includes air curtain incinerators, but does not include open burning.
Indian country means:
(1) All land within the limits of any Indian reservation under the
jurisdiction of the United States government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation;
(2) All dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State;
and
(3) All Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.
Marine vessel means a waterborne craft, ship, or barge.
Mobile sources means locomotives, aircraft, motor vehicles, non-
road vehicles, non-road engines, and marine vessels.
Motor vehicle means any self-propelled vehicle designed for
transporting people or property on a street or highway.
New air pollution source means an air pollution source that begins
actual construction after the effective date of the ``General Rules for
Application to Indian Reservations in EPA Region 10''.
Noncombustibles means materials that are not flammable, capable of
catching fire, or burning.
Non-road engine means:
(1) Except as discussed below, any internal combustion engine:
(i) In or on a piece of equipment that is self-propelled or that
serves a dual purpose by both propelling itself and performing another
function (such as garden tractors, off-highway mobile cranes and
bulldozers); or
(ii) In or on a piece of equipment that is intended to be propelled
while performing its function (such as lawnmowers and string trimmers);
or
(iii) That, by itself or in or on a piece of equipment, is portable
or transportable, meaning designed to be and capable of being carried
or moved from one location to another. Indicia of transportability
include, but are not limited to, wheels, skids, carrying handles,
dolly, trailer, or platform.
(2) An internal combustion engine is not a nonroad engine if:
(i) The engine is used to propel a motor vehicle or a vehicle used
solely
[[Page 11766]]
for competition, or is subject to standards promulgated under section
202 of the Act; or
(ii) The engine is regulated by a Federal new source performance
standard promulgated under section 111 of the Act; or
(iii) The engine that is otherwise portable or transportable
remains or will remain at a location for more than 12 consecutive
months or a shorter period of time for an engine located at a seasonal
source. A location is any single site at a building, structure,
facility, or installation. Any engine (or engines) that replaces an
engine at a location and that is intended to perform the same or
similar function as the engine replaced will be included in calculating
the consecutive time period. An engine located at a seasonal source is
an engine that remains at a seasonal source during the full annual
operating period of the seasonal source. For purposes of this
paragraph, a seasonal source is a stationary source that remains in a
single location on a permanent basis (i.e., at least 2 years) and that
operates at that single location approximately 3 months (or more) each
year. This paragraph does not apply to an engine after the engine is
removed from the location.
Non-road vehicle means a vehicle that is powered by a nonroad
engine and that is not a motor vehicle or a vehicle used solely for
competition.
Oil-fired boiler means a furnace or boiler used for combusting fuel
oil for the primary purpose of producing steam or hot water by heat
transfer.
Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background. For
continuous opacity monitoring systems, opacity means the fraction of
incident light that is attenuated by an optical medium.
Open burning means the burning of a material that results in the
products of combustion being emitted directly into the atmosphere
without passing through a stack. Open burning includes burning in burn
barrels.
Owner or operator means any person who owns, leases, operates,
controls or supervises an air pollution source.
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.
Permit to construct or construction permit means a permit issued by
the Regional Administrator pursuant to 40 CFR 52.10 or 52.21, 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. 49.139 or 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.
PM10 means particulate matter with an aerodynamic diameter less
than or equal to a nominal 10 micrometers as measured by a reference
method based on Appendix J of 40 CFR Part 50 and designated in
accordance with 40 CFR Part 53 or by an equivalent method designated in
accordance with 40 CFR Part 53.
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.
Reference method means any method of sampling and analyzing for an
air pollutant as specified in the applicable rule.
Refuse means all solid, liquid, or gaseous waste material,
including but not limited to, garbage, trash, household refuse,
municipal solid waste, construction or demolition debris, or waste
resulting from the operation of any business, trade, or industry.
Regional Administrator means the Regional Administrator of EPA
Region 10 or an authorized representative of the Regional
Administrator.
Residual fuel oil means any oil meeting the specifications of ASTM
Grade 4, Grade 5, or Grade 6 fuel oils in ASTM Method D396-98, Standard
Specification for Fuel Oils.
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.
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 contain dissolved solids.
Used oil means petroleum products that have been recovered from
another application.
Veneer means a single flat panel of wood not exceeding \1/4\ inch
in thickness formed by slicing or peeling from a log.
Veneer dryer means equipment in which veneer is dried.
Visible emissions means air pollutants in sufficient amount to be
observable to the human eye.
Wood means wood, wood residue, bark, or any derivative or residue
thereof, in any form, including but not limited to sawdust, sanderdust,
wood chips, scraps, slabs, millings, shavings, and processed pellets
made from wood or other forest residues.
Wood-fired boiler means a furnace or boiler used for combusting
wood for the primary purpose of producing steam or hot water by heat
transfer.
Wood-fired veneer dryer means a veneer dryer that is directly
heated by the products of combustion of wood in
[[Page 11767]]
addition to, or exclusive of, steam or natural gas or propane
combustion.
Woodwaste burner means a wigwam burner, teepee burner, silo burner,
olivine burner, truncated cone burner, or other such wood waste burning
device used by the wood products industry for the disposal of wood
wastes by burning.
(b) Requirement for testing. The Regional Administrator may
require, in a permit to construct or a permit to operate, that a person
demonstrate compliance with the ``General Rules for Application to
Indian Reservations in EPA Region 10'' by performing a source test and
submitting the test results to the Regional Administrator. A person may
also be required by the Regional Administrator, in a permit to
construct or permit to operate, to install and operate a continuous
opacity monitoring system (COMS) or a continuous emissions monitoring
system (CEMS) to demonstrate compliance. Nothing in the ``General Rules
for Application to Indian Reservations in EPA Region 10'' limits the
authority of the Regional Administrator to require, in an information
request pursuant to section 114 of the Act, a person subject to the
``General Rules for Application to Indian Reservations in EPA Region
10'' to demonstrate compliance by performing source testing, even where
the source does not have a permit to construct or a permit to operate.
(c) Requirement for monitoring, recordkeeping, and reporting.
Nothing in the ``General Rules for Application to Indian Reservations
in EPA Region 10'' precludes the Regional Administrator from requiring
monitoring, recordkeeping and reporting, including monitoring,
recordkeeping and reporting in addition to that already required by an
applicable requirement, in a permit to construct or permit to operate
in order to ensure compliance.
(d) Credible evidence. For the purposes of submitting compliance
certifications or establishing whether or not a person has violated or
is in violation of any requirement, nothing in the ``General Rules for
Application to Indian Reservations in EPA Region 10'' shall preclude
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.
(e) Incorporation by reference. The materials listed in this
section are incorporated by reference in the corresponding sections
noted. These incorporations by reference were approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
Part 51. These materials are incorporated as they exist on the date of
the approval, and a notice of any change in these materials will be
published in the Federal Register. The materials are available for
purchase at the corresponding addresses noted below, or are available
for inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC, at the Air and Radiation Docket
and Information Center, U.S. EPA, 401 M Street, SW., Washington, DC,
and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North
Carolina.
(1) The materials listed below are available for purchase from at
least one of the following addresses: American Society for Testing and
Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania
19428-2959; or University Microfilms International, 300 North Zeeb
Road, Ann Arbor, Michigan 48106.
(i) ASTM D388-99, Standard Classification of Coals by Rank, IBR
approved for Sec. 49.123(a).
(ii) ASTM D396-98, Standard Specification for Fuel Oils, IBR
approved for Sec. 49.123(a) and Sec. 49.130(d).
(iii) ASTM D240-92(1997)e2, Standard Test Method for Heat of
Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR
approved for Sec. 49.123(a).
(iv) ASTM D1826-94(1998), Standard Test Method for Calorific
(Heating) Value of Gases in Natural Gas Range by Continuous Recording
Calorimeter, IBR approved for Sec. 49.123(a).
(v) ASTM D5865-99a, Standard Test Method for Gross Calorific Value
of Coal and Coke, IBR approved for Sec. 49.123(a).
(vi) ASTM E711-87(1996) Standard Test Method for Gross Calorific
Value of Refuse-Derived Fuel by the Bomb Calorimeter, IBR approved for
Sec. 49.123(a).
(vii) ASTM D2880-98, Standard Specification for Gas Turbine Fuel
Oils, IBR approved for Sec. 49.130(e)(1).
(viii) ASTM D4294-98, Standard Test Method for Sulfur in Petroleum
Products by Energy-Dispersive X-ray Fluorescence Spectroscopy, IBR
approved for Sec. 49.130(e)(1).
(ix) ASTM D6021-96, Standard Test Method for Measurement of Total
Hydrogen Sulfide in Residual Fuels by Multiple Headspace Extraction and
Sulfur Specific Detection, IBR approved for Sec. 49.130(e)(1).
(x) ASTM D3177-89(1997), Standard Test Methods for Total Sulfur in
the Analysis Sample of Coal and Coke, IBR approved for
Sec. 49.130(e)(2).
(xi) ASTM D4239-00, Standard Test Methods for Sulfur in the
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace
Combustion Methods, IBR approved for Sec. 49.130(e)(2).
(xii) ASTM D2492-90(1998), Standard Test Method for Forms of Sulfur
in Coal, IBR approved for Sec. 49.130(e)(2).
(xiii) ASTM E775-87(1996), Standard Test Methods for Total Sulfur
in the Analysis Sample of Refuse-Derived Fuel, IBR approved for
Sec. 49.130(e)(3).
(xiv) ASTM D1072-90(1999), Standard Test Method for Total Sulfur in
Fuel Gases, IBR approved for Sec. 49.130(e)(4).
(xv) ASTM D3246-96, Standard Test Method for Sulfur in Petroleum
Gas by Oxidative Microcoulometry, IBR approved for Sec. 49.130(e)(4).
(xvi) ASTM D4084-94(1999) Standard Test Method for Analysis of
Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method),
IBR approved for Sec. 49.130(e)(4).
(xvii) ASTM D5504-98, Standard Test Method for Determination of
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography
and Chemiluminescence, IBR approved for Sec. 49.130(e)(4).
(xviii) ASTM D4468-85(1995)e1, Standard Test Method for Total
Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry,
IBR approved for Sec. 49.130(e)(4).
(xix) ASTM D2622-98, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR
approved for Sec. 49.130(e)(4).
(xx) ASTM D6228-98 Standard Test Method for Determination of Sulfur
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and
Flame Photometric Detection, IBR approved for Sec. 49.130(e)(4).
Sec. 49.124 Rule for limiting visible emissions.
(a) What is the purpose of this rule? This rule, Sec. 49.124,
limits the visible emissions of air pollutants from air pollution
sources operating within the Indian reservation in order to control
emissions of particulate matter to the atmosphere and ground-level
concentrations of PM10 and to detect the violation of any other rules
and regulations.
(b) Who is affected by this rule? This rule, Sec. 49.124, 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.
[[Page 11768]]
(c) What is exempted from this rule? This rule, Sec. 49.124, does
not apply to open burning, agricultural activities, non-commercial
smoke houses, sweat houses or lodges, smudge pots, furnaces and boilers
used exclusively to heat residential buildings with four or fewer
dwelling units, fugitive dust from public roads owned or maintained by
any Federal, Tribal, State or local government, and emissions from fuel
combustion in mobile sources.
(d) What are the opacity limits for air pollution sources?
(1) The visible emissions from an air pollution source must not
exceed 20% opacity, averaged over any consecutive 6-minute period,
unless paragraph (d)(2) or (d)(3) of Sec. 49.124 applies to the air
pollution source.
(2) The visible emissions from an air pollution source may exceed
the 20% opacity limit if the owner or operator of the air pollution
source demonstrates to the Regional Administrator's satisfaction that
the presence of uncombined water, such as steam, is the only reason for
the failure of an air pollution source to meet the 20% opacity limit.
(3) The visible emissions from an oil-fired boiler or solid fuel-
fired boiler that continuously measures opacity with a continuous
opacity monitoring system (COMS) may exceed the 20% opacity limit
during start-up, soot blowing, and grate cleaning for a single period
of up to 15 minutes in any 8 consecutive hours, but must not exceed 60%
opacity at any time.
(e) What is the reference method for determining compliance?
(1) The reference method for determining compliance with the
opacity limits is EPA Method 9 of Appendix A of 40 CFR Part 60. A
complete description of this method is found in Appendix A.
(2) An alternative reference method for determining compliance is a
COMS that complies with Performance Specification 1 found in Appendix B
of 40 CFR Part 60.
(3) This rule, Sec. 49.124, does not require any person to conduct
Method 9, of Appendix A of 40 CFR Part 60, opacity readings or to
install a COMS unless specifically required by the Regional
Administrator in a permit to construct or permit to operate.
(f) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.124, are defined in Sec. 49.123
General provisions: Act, agricultural activities, air pollutant, air
pollution source, ambient air, coal, continuous opacity monitoring
system (COMS), distillate fuel oil, emission, fuel, fuel oil, fugitive
dust, gaseous fuel, grate cleaning, marine vessel, mobile sources,
motor vehicle, non-road engine, non-road vehicle, oil-fired boiler,
opacity, open burning, particulate matter, permit to construct, permit
to operate, PM10, reference method, refuse, Regional Administrator,
residual fuel oil, solid fuel, solid fuel-fired boiler, soot blowing,
stack, standard conditions, start-up, stationary source, uncombined
water, used oil, visible emissions, and wood.
Sec. 49.125 Rule for limiting the emissions of particulate matter.
(a) What is the purpose of this rule? This rule, Sec. 49.125,
limits the amount of particulate matter that can be emitted from
certain air pollution sources within the Indian reservation in order to
control ground-level concentrations of PM10.
(b) Who is affected by this rule? This rule, Sec. 49.125, applies
to any person who owns or operates an air pollution source that emits,
or could emit, particulate matter to the atmosphere, unless exempted in
paragraph (c) of this section.
(c) What is exempted from this rule? This rule, Sec. 49.125, does
not apply to woodwaste burners, furnaces and boilers used exclusively
for space heating with a rated heat input capacity of less than 400,000
British thermal units (Btu) per hour, non-commercial smoke houses,
sweat houses or lodges, and mobile sources.
(d) What are the particulate matter limits for sources?
(1) Particulate matter emissions from a combustion source (except
for wood-fired boilers) must not exceed an average of 0.23 grams per
dry standard cubic meter (0.1 grains per dry standard cubic foot),
corrected to seven (7) percent oxygen, during any three (3) hour
period.
(2) Particulate matter emissions from a wood-fired boiler must not
exceed an average of 0.46 grams per dry standard cubic meter (0.2
grains per dry standard cubic foot), corrected to seven (7) percent
oxygen, during any three (3) hour period.
(3) Particulate matter emissions from a process source must not
exceed an average of 0.23 grams per dry standard cubic meter (0.1
grains per dry standard cubic foot) during any three (3) hour period.
(e) What is the reference method for determining compliance?
(1) The reference method for determining compliance with the
particulate matter limits for a combustion source, wood-fired boiler,
or process source is EPA Method 5. A complete description of this
method is found in Appendix A of 40 CFR Part 60.
(2) This rule, Sec. 49.125, does not require any person to conduct
a Method 5 source test unless specifically required by the Regional
Administrator in a permit to construct or permit to operate.
(f) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.125, are defined in Sec. 49.123
General provisions: Act, air pollutant, air pollution source, ambient
air, British thermal unit (Btu), coal, combustion source, distillate
fuel oil, emission, fuel, fuel oil, gaseous fuel, heat input,
incinerator, marine vessel, mobile sources, motor vehicle, non-road
engine, non-road vehicle, open burning, particulate matter, permit to
construct, permit to operate, PM10, process source, reference method,
refuse, residual fuel oil, solid fuel, stack, standard conditions,
stationary source, uncombined water, used oil, wood, wood-fired boiler,
and woodwaste burner.
Sec. 49.126 Rule for limiting fugitive particulate matter emissions.
(a) What is the purpose of this rule? This rule, Sec. 49.126,
limits the amount of fugitive particulate matter that can be emitted
from air pollution sources within the Indian reservation in order to
control ground-level concentrations of PM10.
(b) Who is affected by this rule? This rule, Sec. 49.126, applies
to any person who owns or operates a source of fugitive particulate
matter emissions.
(c) What is exempted from this rule? This rule, Sec. 49.126, does
not apply to activities associated with single family residences or
residential buildings with four or fewer dwelling units, agricultural
activities, or public roads owned or maintained by any Federal, Tribal,
State or local government.
(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,
[[Page 11769]]
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 rule, Sec. 49.126, must:
(i) Periodically survey the air pollution source during typical
operating conditions to determine if there are sources of fugitive
particulate matter emissions. This must be done at least once each
calendar quarter, and must be done weekly if dry or dusty materials are
handled at the air pollution source. 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) Prepare, and update as necessary following each periodic
survey, a written plan that specifies the reasonable precautions to be
taken and the procedures to be followed to prevent fugitive particulate
matter emissions.
(iv) Implement the reasonable precautions and procedures plan, and
maintain and operate the source to minimize fugitive particulate matter
emissions.
(v) Maintain records for five years that document the periodic
surveys and the reasonable precautions that were taken to prevent
fugitive particulate matter emissions.
(2) The Regional Administrator may require specific actions to
prevent fugitive particulate matter emissions, or impose conditions to
maintain and operate the air pollution source to minimize fugitive
particulate matter emissions, in a permit to construct or a permit to
operate for the source.
(3) A prudent approach to complying with this rule, Sec. 49.126,
requires that the owner or operator consider all environmental
implications of any particular measures. Efforts to comply with this
rule cannot be used as a reason for not complying with other
environmental rules, or in the absence of such rules, creating other
environmental problems.
(f) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.126, are defined in Sec. 49.123
General provisions: Agricultural activities, air pollutant, air
pollution source, ambient air, emission, fugitive dust, fugitive
particulate matter, owner or operator, particulate matter, permit to
construct, permit to operate, PM10, Regional Administrator, stack, and
uncombined water.
Sec. 49.127 Rule for woodwaste burners.
(a) What is the purpose of this rule? This rule, Sec. 49.127,
phases out the operation of woodwaste burners (commonly known as wigwam
or teepee burners), and in the interim, limits the visible emissions
from woodwaste burners operating within the Indian reservation in order
to control emissions of particulate matter to the atmosphere and
ground-level concentrations of PM10.
(b) Who is affected by this rule? This rule, Sec. 49.127, applies
to any person who owns or operates a woodwaste burner.
(c) What are the requirements for woodwaste burners?
(1) The owner or operator of a woodwaste burner must shut down and
dismantle the woodwaste burner by no later than 2 years after the
effective date of this rule, Sec. 49.127. 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 onsite 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 onsite 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 2-year
extension of the deadline may be granted. There is no limit to the
number of extensions that may be granted by the Regional Administrator.
(d) What is the reference method for determining compliance with
the opacity limit?
(1) The reference method for determining compliance with the
opacity limit is EPA Method 9. A complete description of this method is
found in 40 CFR Part 60, Appendix A.
(2) This rule, Sec. 49.127, does not require any person to conduct
Method 9 opacity readings unless specifically required by the Regional
Administrator in a permit to construct or permit to operate.
(e) Are there additional requirements that must be met? A person
subject to this rule, Sec. 49.127, 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 rule, Sec. 49.127. 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 rule, Sec. 49.127. The owner or operator of the
woodwaste burner must notify the Regional Administrator that the
woodwaste burner has been shut down and dismantled within 30 days after
completion.
(f) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.127, are defined in Sec. 49.123
General provisions: Air pollutant, ambient air, emission, opacity,
owner or operator, particulate matter, permit to construct, permit to
operate, PM10, reference method, Regional Administrator, stationary
source, uncombined water, visible emissions, wood, and woodwaste
burner.
Sec. 49.128 Rule for limiting particulate matter emissions from wood
products industry sources.
(a) What is the purpose of this rule? This rule, Sec. 49.128,
limits the amount of particulate matter that can be emitted from
certain wood products industry sources within the Indian reservation in
order to control ground-level concentrations of PM10.
(b) Who is affected by this rule? This rule, Sec. 49.128, applies
to any person who owns or operates any of the following wood products
industry sources:
[[Page 11770]]
(1) Veneer manufacturing operations;
(2) Plywood manufacturing operations;
(3) Particleboard manufacturing operations; and
(4) Hardboard manufacturing operations.
(c) What are the particulate matter limits for wood products
industry sources? These particulate matter 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) Particulate matter emissions from direct natural gas fired or
direct propane fired veneer dryers must not exceed 0.3 pounds per 1000
square feet of veneer dried (3/8 inch basis), one-hour average.
(ii) Particulate matter emissions from steam heated veneer dryers
must not exceed 0.3 pounds per 1000 square feet of veneer dried (3/8
inch basis), one-hour average.
(iii) Particulate matter emissions from wood fired veneer dryers
must not exceed a total of 0.3 pounds per 1000 square feet of veneer
dried (3/8 inch basis) and 0.2 pounds per 1000 pounds of steam
generated in boilers, prorated for the amount of combustion gases
routed to the veneer dryer, one-hour average.
(2) Wood Particle Dryers at Particleboard Manufacturing Operation.
Particulate matter emissions from wood particle dryers must not exceed
a total of 0.4 pounds per 1000 square feet of board produced by the
plant (3/4 inch basis), one-hour average.
(3) Press/Cooling Vents at Hardboard Manufacturing Operations.
Particulate matter emissions from hardboard press/cooling vents must
not exceed 0.3 pounds per 1000 square feet of hardboard produced (1/8
inch basis), one-hour average.
(4) Tempering Ovens at Hardboard Manufacturing Operations. A person
must not operate any hardboard tempering oven unless all gases and
vapors are collected and treated in a fume incinerator capable of
raising the temperature of the gases and vapors to at least 1500
degrees Fahrenheit for 0.3 seconds or longer.
(d) What is the reference method for determining compliance?
(1) The reference method for determining compliance with the
particulate matter limits is EPA Method 202. A complete description of
this method is found in 40 CFR Part 51, Appendix M.
(2) This rule, Sec. 49.128, does not require any person to conduct
a Method 202 source test unless specifically required by the Regional
Administrator in a permit to construct or permit to operate.
(e) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.128, are defined in Sec. 49.123
General provisions: Act, combustion source, emissions, hardboard,
particleboard, particulate matter, permit to construct, permit to
operate, plywood, PM10, press/cooling vent, process source, tempering
oven, veneer, veneer dryer, wood, and wood-fired veneer dryer.
Sec. 49.129 Rule for limiting emissions of sulfur dioxide.
(a) What is the purpose of this rule? This rule, Sec. 49.129,
limits the amount of sulfur dioxide (SO2) that can be
emitted from certain air pollution sources within the Indian
reservation in order to control ground-level concentrations of
SO2.
(b) Who is affected by this rule? This rule, Sec. 49.129, applies
to any person who owns or operates an air pollution source that emits,
or could emit, SO2 to the atmosphere.
(c) What is exempted from this rule? This rule, Sec. 49.129, does
not apply to furnaces and boilers used exclusively for space heating
with a rated heat input capacity of less than 400,000 British thermal
units (Btu) per hour, and mobile sources.
(d) What are the sulfur dioxide limits for sources?
(1) Sulfur dioxide emissions from a combustion source must not
exceed an average of 500 parts per million by volume, on a dry basis
and corrected to seven (7) percent oxygen, during any three (3) hour
period.
(2) Sulfur dioxide emissions from a process source must not exceed
an average of 500 parts per million by volume, on a dry basis, during
any three (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 are found in 40 CFR Part 60, Appendix A.
(2) An alternative reference method is a continuous emissions
monitoring system (CEMS) that complies with Performance Specification 2
found in 40 CFR Part 60, Appendix B.
(3) This rule, Sec. 49.129, does not require any person to conduct
Method 6, 6A, 6B, or 6C of Appendix A of 40 CFR Part 60 source tests or
to install a continuous emissions monitoring system (CEMS) unless
specifically required by the Regional Administrator in a permit to
construct or permit to operate.
(f) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.129, are defined in Sec. 49.123
General provisions: Act, air pollutant, air pollution source, ambient
air, British thermal unit (Btu), coal, combustion source, continuous
emissions monitoring system (CEMS), distillate fuel oil, emission,
fuel, fuel oil, gaseous fuel, heat input, incinerator, marine vessel,
mobile sources, motor vehicle, non-road engine, non-road vehicle, open
burning, permit to construct, permit to operate, process source,
reference method, refuse, residual fuel oil, solid fuel, stack,
standard conditions, stationary source, used oil, wood, and woodwaste
burner.
Sec. 49.130 Rule for limiting sulfur in fuels.
(a) What is the purpose of this rule? This rule, Sec. 49.130,
limits the amount of sulfur contained in fuels that are burned at
stationary sources within the Indian reservation in order to control
emissions of sulfur dioxide (SO2) to the atmosphere and
ground-level concentrations of SO2.
(b) Who is affected by this rule? This rule, Sec. 49.130, applies
to any person who sells, distributes, uses, or makes available for use,
any fuel oil, coal, solid fuel, or gaseous fuel within the Indian
reservation.
(c) What is exempted from this rule? This rule, Sec. 49.130, does
not apply to fuel oils used exclusively for mobile sources, such as
automotive and marine diesel fuels.
(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, or gaseous fuel that contains more than the following amounts of
sulfur:
(1) For distillate fuel oil--0.3 percent by weight for ASTM Grade 1
fuel oil;
(2) For distillate fuel oil--0.5 percent by weight for ASTM Grade 2
fuel oil;
(3) For residual fuel oil--1.75 percent sulfur by weight for ASTM
Grades 4, 5, or 6 fuel oil;
(4) For used oil--2.0 percent sulfur by weight;
(5) For coal--1.0 percent sulfur by weight;
(6) For solid fuels--2.0 percent sulfur by weight;
(7) For gaseous fuels--1.1 grams of sulfur per dry standard cubic
meter of gaseous fuel (400 parts per million at standard conditions).
(e) What are the reference methods for determining compliance? The
reference methods for determining the amount of sulfur in a fuel are as
follows:
[[Page 11771]]
(1) Sulfur content in fuel oil--ASTM methods D2880-98, D4294-98,
and D6021-96;
(2) Sulfur content in coal--ASTM methods D3177-89(1997), D4239-00,
and D2492-90(1998);
(3) Sulfur content in solid fuels--ASTM method E775-87(1996);
(4) Sulfur content in gaseous fuels--ASTM methods D1072-90(1999),
D3246-96, D4084-94(1999), D5504-98, D4468-85(1995)e1, D2622-98, and
D6228-98.
(f) Are there additional requirements that must be met?
(1) A person subject to this rule, Sec. 49.130, must:
(i) For fuel oils, obtain, record, and keep records of the percent
sulfur by weight from the vendor for each purchase of fuel oil. If the
vendor is unable to provide this information, then obtain a
representative grab sample for each purchase and test the sample using
the reference method.
(ii) For gaseous fuels, either obtain, record, and keep records of
the sulfur content from the vendor, or continuously monitor the sulfur
content of the fuel gas line using EPA Methods 11 or 16. Complete
descriptions of these Methods are found in 40 CFR Part 60, Appendix A.
If only pipeline natural gas is used, then keep records showing that
only pipeline quality natural gas was used.
(iii) For coal and solid fuels, either obtain, record, and keep
records of the percent sulfur by weight from the vendor for each
purchase of coal or solid fuel, or obtain a representative grab sample
for each day of operation and test the sample using the reference
method. The owner or operator of a coal or solid fuel-fired source may
apply to the Regional Administrator for a waiver of this provision or
for approval of an alternative fuel sampling program.
(2) Records of fuel purchases and fuel sulfur content must be kept
for a period of five (5) years and must be made available to the
Regional Administrator upon request.
(3) The owner or occupant of a single family residence, and the
owner or manager of a residential building with four or fewer dwelling
units, is not subject to the requirement to obtain and record the
percent sulfur content from the vendor if the fuel used in an oil,
coal, or gas furnace is purchased from a licensed fuel distributor.
(g) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.130, are defined in Sec. 49.123
General provisions: Act, air pollutant, ambient air, coal, distillate
fuel oil, emission, fuel, fuel oil, gaseous fuel, marine vessel, mobile
sources, motor vehicle, non-road engine, non-road vehicle, owner or
operator, reference method, refuse, Regional Administrator, residual
fuel oil, solid fuel, standard conditions, stationary source, and used
oil.
Sec. 49.131 General rule for open burning.
(a) What is the purpose of this rule? This rule, Sec. 49.131,
limits the types of materials that can be open burned within the Indian
reservation in order to control emissions of particulate matter and
other noxious fumes to the atmosphere and ground-level concentrations
of PM10.
(b) Who is affected by this rule? This rule, Sec. 49.131, applies
to any person who conducts open burning.
(c) What is exempted from this rule? The following open fires are
exempted from this rule, Sec. 49.131:
(1) Outdoor fires set for cultural or traditional purposes;
(2) Fires set for cultural or traditional purposes within
structures such as sweat houses or lodges;
(3) Except during a burn ban under paragraphs (d)(2) and (d)(3) of
this section, fires set for recreational purposes provided that no
prohibited materials are burned;
(4) Except during a burn ban under paragraphs (d)(2) and (d)(3) of
this section, burn barrels located at single family residences or
residential buildings with four or fewer dwelling units that are only
used to dispose of combustible household wastes generated onsite;
(5) With permission from the Regional Administrator, open outdoor
fires used by qualified personnel to train firefighters in the methods
of fire suppression and fire fighting techniques, provided that
training fires are not allowed to smolder after the training session
has terminated. Prior to igniting any structure, the fire protection
service shall ensure that the structure does not contain any asbestos
or asbestos containing materials; 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. Before requesting permission from the Regional Administrator,
the fire protection service must notify any appropriate Tribal air
pollution authority and obtain any permissions or approvals required by
the Tribe;
(6) With permission from the Regional Administrator, one open
outdoor fire each year to dispose of fireworks and associated packaging
materials. Before requesting permission from the Regional
Administrator, the owner or operator must notify any appropriate Tribal
air pollution authority and obtain any permissions or approvals
required by the Tribe;
(7) Open burning for the disposal of diseased animals or infested
material by order of a public health official.
(d) What are the requirements for open burning?
(1) A person must not open burn, or allow the open burning of, the
following materials:
(i) Garbage;
(ii) Dead animals or parts of dead animals;
(iii) Junked motor vehicles or any materials resulting from a
salvage operation;
(iv) Tires or rubber materials or products;
(v) Plastics;
(vi) Asphalt or composition roofing, or any other asphaltic
material or product;
(vii) Tar, tarpaper, petroleum products, or paints;
(viii) Paper or cardboard other than what is necessary to start a
fire;
(ix) Lumber or timbers treated with preservatives;
(x) Construction debris or demolition waste;
(xi) Pesticides, herbicides, fertilizers, or other chemicals;
(xii) Insulated wire;
(xiii) Batteries;
(xiv) Light bulbs;
(xv) Materials containing mercury (thermometers for example);
(xvi) Asbestos or materials containing asbestos;
(xvii) Pathogenic wastes;
(xviii) Hazardous wastes; or
(xix) Any material other than natural vegetation that normally
emits dense smoke or noxious fumes when burned.
(2) Except for exempted fires set for cultural or traditional
purposes, all open burning is prohibited whenever the Regional
Administrator declares a burn ban due to deteriorating air quality. A
burn ban may be declared whenever the Regional Administrator determines
that air quality levels have exceeded, or are expected to exceed, 75%
of any national ambient air quality standard and will continue to
exceed that level for at least the next 24 hours.
(3) Except for exempted fires set for cultural or traditional
purposes, all open burning is prohibited whenever the National Weather
Service issues an air stagnation advisory, or the Regional
Administrator declares an air pollution alert, air pollution warning,
or air pollution emergency pursuant to Sec. 49.137 Air pollution
episodes.
(4) Nothing in this rule, Sec. 49.131, exempts or excuses any
person from
[[Page 11772]]
complying with applicable laws and ordinances of other governmental
jurisdictions responsible for fire control.
(e) Are there additional requirements that must be met?
(1) A person subject to this rule, Sec. 49.131, must conduct open
burning as follows:
(i) Prohibited materials must not be open burned;
(ii) All materials to be open burned must be kept as dry as
possible through the use of a cover or dry storage;
(iii) Before igniting a burn, noncombustibles must be separated
from the materials to be open burned to the greatest extent
practicable;
(iv) Natural or artificially induced draft must be present;
(v) To the greatest extent practicable, materials to be open burned
must be separated from the grass or peat layer; and
(vi) A fire must not be allowed to smolder.
(2) A person must not initiate any open burning subject to this
rule when:
(i) The Regional Administrator has declared a burn ban;
(ii) An air stagnation advisory has been issued by the National
Weather Service; or
(iii) An air pollution alert, warning, or emergency has been
declared by the Regional Administrator.
(3) Any person conducting open burning subject to this rule,
Sec. 49.131, when such an advisory is issued or declaration is made
must either immediately extinguish the fire, or immediately withhold
additional material such that the fire burns down.
(f) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.131, are defined in Sec. 49.123
General provisions: Air pollutant, ambient air, burn barrel,
combustible household wastes, emission, open burning, particulate
matter, PM10, Regional Administrator, stack, and uncombined water.
Sec. 49.132 Rule for general open burning permits.
(a) What is the purpose of this rule? This rule, Sec. 49.132,
establishes a permitting program for open burning within the Indian
reservation in order to control emissions of particulate matter and
other noxious fumes to the atmosphere and ground-level concentrations
of PM10.
(b) Who is affected by this rule? This rule, Sec. 49.132, applies
to any person who conducts open burning.
(c) What is exempted from this rule? The following open fires are
exempted from this rule, Sec. 49.132:
(1) Outdoor fires set for cultural or traditional purposes;
(2) Fires set for cultural or traditional purposes within
structures such as sweat houses or lodges;
(3) Fires set for recreational purposes, provided that no
prohibited materials are burned;
(4) Forestry or silvicultural burning;
(5) Agricultural burning; and
(6) Burn barrels located at single family residences or residential
buildings with four or fewer dwelling units that are only used to
dispose of combustible household wastes generated onsite.
(d) What are the requirements for open burning?
(1) A person must apply for and obtain a permit for the open burn,
have the permit available on site during the open burn, and conduct the
open burning in accordance with the terms and conditions of the permit.
(2) A person must comply with the Sec. 49.131 General rule for open
burning or the EPA-approved Tribal open burning rule, as applicable.
(3) Nothing in this rule, Sec. 49.132, exempts or excuses any
person from complying with applicable laws and ordinances of other
governmental jurisdictions responsible for fire control.
(e) Are there additional requirements that must be met?
(1) A person subject to this rule, Sec. 49.132, must submit an
application to the Regional Administrator for each open burn. An
application must be submitted in writing at least one working day, and
no earlier than 5 working days, prior to the requested date that the
burn would be conducted, and must contain, at a minimum, the following
information:
(i) Street address of the property upon that the proposed open
burning will occur. If there is no street address of the property, the
legal description of the property.
(ii) Name, mailing address, and telephone number of the person who
will be responsible for conducting the proposed open burning.
(iii) A plot plan showing the location of the proposed open burning
in relation to the property lines and indicating the distances and
directions of the nearest residential and commercial properties.
(iv) The type and quantity of materials proposed to be burned,
including the estimated volume of material to be burned and the area
over that burning will be conducted.
(v) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water.
(vi) The requested date (or dates if the duration of the burn is
more than one day) that the proposed open burning would be conducted.
(vii) Any other information specifically requested by the Regional
Administrator.
(2) If the proposed open burning is consistent with this rule
(Sec. 49.132) and Sec. 49.131 General rule for open burning (or the
EPA-approved Tribal open burning rule), the Regional Administrator may
issue a burn permit. The permit will authorize burning only for the
requested date(s) and will include any conditions that the Regional
Administrator determines are necessary to ensure compliance with this
rule (Sec. 49.132), Sec. 49.131 General rule for open burning (or the
EPA-approved Tribal open burning rule), and to protect the public
health and welfare.
(3) When reviewing an application, the Regional Administrator shall
take into consideration the size, duration, and location of the
proposed open burn, the current and projected air quality conditions,
the forecasted meteorological conditions, and other scheduled burning
activities in the surrounding area. Where the Regional Administrator
determines that the proposed open burning can be conducted without
causing an adverse impact on air quality, a permit may be issued.
(4) The Regional Administrator, to the extent practical, will
coordinate the issuance of open burning permits with the opening
burning permit programs of surrounding jurisdictions.
(f) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.132, are defined in Sec. 49.123
General provisions: Agricultural burning, air pollutant, ambient air,
burn barrel, combustible household wastes, emission, forestry or
silvicultural burning, open burning, particulate matter, PM10, Regional
Administrator, stack, and uncombined water.
Sec. 49.133 Rule for agricultural burning permits.
(a) What is the purpose of this rule? This rule, Sec. 49.133,
establishes a permitting program for agricultural burning within the
Indian reservation in order to control emissions of particulate matter
and other noxious fumes to the atmosphere and ground-level
concentrations of PM10.
(b) Who is affected by this rule? This rule, Sec. 49.133, applies
to any person who conducts agricultural burning.
(c) What are the requirements for agricultural burning?
(1) A person must apply for and obtain a permit for the
agricultural burn, have the permit available onsite during the
agricultural burn, and conduct the
[[Page 11773]]
agricultural burning in accordance with the terms and conditions of the
permit.
(2) A person must comply with Sec. 49.131 General rule for open
burning or the EPA-approved Tribal open burning rule, as applicable.
(3) Nothing in this rule, Sec. 49.133, exempts or excuses any
person from complying with applicable laws and ordinances of other
governmental jurisdictions responsible for fire control.
(d) Are there additional requirements that must be met?
(1) A person subject to this rule, Sec. 49.133, must submit an
application to the Regional Administrator for each proposed
agricultural burn. An application must contain, at a minimum, the
following information:
(i) Street address of the property upon which the proposed
agricultural burning will occur. If there is no street address of the
property, the legal description of the property.
(ii) Name, mailing address, and telephone number of the person who
will be responsible for conducting the proposed agricultural burning.
(iii) A plot plan showing the location of the proposed agricultural
burning in relation to the property lines and indicating the distances
and directions of the nearest residential and commercial properties.
(iv) The type and quantity of agricultural wastes proposed to be
burned, including the estimated weight of material to be burned and the
area over which burning will be conducted.
(v) A description of the burning method(s) to be used (pile or
stack burn, open field or broadcast burn, windrow burn, mobile field
sanitizer, etc.) and the amount of material to be burned with each
method.
(vi) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water
and plowed firebreaks.
(vii) The requested date(s) that the proposed agricultural burning
would be conducted.
(viii) Any other information specifically requested by the Regional
Administrator.
(2) If the proposed agricultural burning is consistent with this
rule, Sec. 49.133, and Sec. 49.131 General rule for open burning (or
the EPA-approved Tribal open burning rule), the Regional Administrator
may issue a preliminary burn permit.
(3) On the morning of the day that the agricultural burning is to
be conducted (or on Friday morning if the burn is to be conducted on a
weekend, or on the morning of the last workday before a holiday), the
person responsible for the burning must contact the Regional
Administrator to receive final approval for the burn. Final approval
can be obtained either verbally or in writing and will authorize
burning to be conducted in accordance with the preliminary burn permit.
(4) When reviewing an application, the Regional Administrator shall
take into consideration 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. Where the Regional Administrator
determines that the proposed agricultural burning can be conducted
without causing an adverse impact on air quality, final approval may be
granted.
(5) The Regional Administrator, to the extent practical, will
consult with and coordinate final approvals with the open burning
permit programs of surrounding jurisdictions.
(e) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.133, are defined in Sec. 49.123
General provisions: Agricultural burning or agricultural burn, air
pollutant, ambient air, emission, open burning, particulate matter,
PM10, Regional Administrator, stack, and uncombined water.
Sec. 49.134 Rule for forestry burning permits.
(a) What is the purpose of this rule? This rule, Sec. 49.134,
establishes a permitting program for forestry burning within the Indian
reservation in order to control emissions of particulate matter and
other noxious fumes to the atmosphere and ground-level concentrations
of PM10.
(b) Who is affected by this rule? This rule, Sec. 49.134, applies
to any person who conducts forestry burning.
(c) What are the requirements for forestry burning?
(1) A person must apply for and obtain a permit for the forestry
burn, have the permit available onsite during the forestry burn, and
conduct the forestry burning in accordance with the terms and
conditions of the permit.
(2) A person must comply with Sec. 49.131 General rule for open
burning or the EPA-approved Tribal open burning rule, as applicable.
(3) Nothing in this rule, Sec. 49.134, exempts or excuses any
person from complying with applicable laws and ordinances of other
governmental jurisdictions responsible for fire control.
(d) Are there additional requirements that must be met?
(1) A person subject to this rule must submit an application to the
Regional Administrator for each forestry burn. An application must
contain, at a minimum, the following information:
(i) Street address of the property upon which the proposed forestry
burning will occur. If there is no street address of the property, the
legal description of the property.
(ii) Name, mailing address, and telephone number of the person who
will be responsible for conducting the proposed forestry burning.
(iii) A plot plan showing the location of the proposed forestry
burning in relation to the property lines and indicating the distances
and directions of the nearest residential and commercial properties.
(iv) The type and quantity of forestry residues proposed to be
burned, including the estimated weight of material to be burned and the
area over which burning will be conducted.
(v) A description of the burning method(s) to be used (pile burn,
broadcast burn, windrow burn, understory burn, etc.) and the amount of
material to be burned with each method.
(vi) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water
and firebreaks.
(vii) The requested date(s) that the proposed forestry burning
would be conducted.
(viii) Any other information specifically requested by the Regional
Administrator.
(2) If the proposed forestry burning is consistent with this rule,
Sec. 49.134, and Sec. 49.131 General rule for open burning (or the EPA-
approved Tribal open burning rule), the Regional Administrator may
issue a preliminary burn permit.
(3) On the morning of the day that the forestry burning is to be
conducted (or on Friday morning if the burn is to be conducted on a
weekend, or on the morning of the last workday before a holiday), the
person responsible for the burning must contact the Regional
Administrator to receive final approval for the burn. Final approval
can be obtained either verbally or in writing and will authorize
burning to be conducted in accordance with the preliminary burn permit.
(4) When reviewing an application, the Regional Administrator shall
take into consideration 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. Where the Regional Administrator
determines that the proposed forestry burning can be
[[Page 11774]]
conducted without causing an adverse impact on air quality, final
approval may be granted.
(5) The Regional Administrator, to the extent practical, will
consult with and coordinate final approvals with the opening burning
permit programs of surrounding jurisdictions.
(e) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.134, are defined in Sec. 49.123
General provisions: Air pollutant, ambient air, emission, forestry or
silvicultural burning, open burning, particulate matter, PM10, Regional
Administrator, stack, and uncombined water.
Sec. 49.135 Rule for emissions detrimental to human health and
welfare.
(a) What is the purpose of this rule? This rule, Sec. 49.135, is
intended to prevent the emission of air pollutants from any air
pollution source operating within the Indian reservation from being
detrimental to human health and welfare.
(b) Who is affected by this rule? This rule, Sec. 49.135, applies
to any person who owns or operates an air pollution source.
(c) What are the requirements for air pollution sources?
(1) A person must not cause or allow the emission of any air
pollutants from an air pollution source, in sufficient quantities and
of such characteristic and duration, that the Regional Administrator
determines:
(i) Causes or contributes to a violation of any national ambient
air quality standard; or
(ii) Is, or would likely be, injurious to human health and welfare.
(2) If the Regional Administrator makes either of the above
determinations, then the Regional Administrator may require the owner
or operator of the source to install air pollution controls or to take
reasonable precautions to reduce or prevent the emissions. If the
Regional Administrator determines that the installation of air
pollution controls or reasonable precautions are necessary, then the
Regional Administrator will require the owner or operator to obtain a
permit to construct or permit to operate for the source. The specific
requirements will be established in the required permit to construct or
permit to operate.
(3) Nothing in this rule, Sec. 49.135, affects the ability of the
Regional Administrator to issue an order pursuant to section 303 of the
Act to require the owner or operator to immediately reduce or cease the
emission of air pollutants.
(4) Nothing in this rule, Sec. 49.135, shall be construed to impair
any cause of action or legal remedy of any person, or the public, for
injury or damages arising from the emission of any air pollutant in
such place, manner, or amount as to constitute a common law nuisance.
(d) What does someone subject to this rule need to do? A person
subject to this rule, Sec. 49.135, must comply with the terms and
conditions of any permit to construct, permit to operate, or order
issued by the Regional Administrator.
(e) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.135, are defined in Sec. 49.123
General provisions: Air pollutant, air pollution source, ambient air,
emission, owner or operator, permit to construct, permit to operate,
Regional Administrator, and stationary source.
Tribal Alternative Rule
Sec. 49.136 Rule for emissions detrimental to persons, property,
cultural or traditional resources.
(a) What is the purpose of this rule? This rule, Sec. 49.136, is
intended to prevent the emission of air pollutants from any air
pollution source operating within the Indian reservation from being
detrimental to persons, property, or cultural or traditional resources.
(b) Who is affected by this rule? This rule, Sec. 49.136, applies
to any person who owns or operates an air pollution source.
(c) What are the requirements for air pollution sources?
(1) A person must not cause or allow the emission of any air
pollutants from an air pollution source, in sufficient quantities and
of such characteristic and duration, that the Regional Administrator
determines:
(i) Causes or contributes to a violation of any national ambient
air quality standard;
(ii) Is, or would likely be, injurious to human health and welfare,
animal or plant life, or property;
(iii) Unreasonably interferes with the enjoyment of life or
property; or
(iv) Is, or would likely be, damaging to unique Tribal cultural or
traditional resources.
(2) If the Regional Administrator makes any of the above
determinations, then the Regional Administrator may require the owner
or operator of the source to install air pollution controls or to take
reasonable precautions to reduce or prevent the emissions. If the
Regional Administrator determines that the installation of air
pollution controls or reasonable precautions are necessary, then the
Regional Administrator will require the owner or operator to obtain a
permit to construct or permit to operate for the source. The specific
requirements will be established in the required permit to construct or
permit to operate.
(3) Nothing in this rule, Sec. 49.136, affects the ability of the
Regional Administrator to issue an order pursuant to section 303 of the
Act to require the owner or operator to immediately reduce or cease the
emission of air pollutants.
(4) Nothing in this rule, Sec. 49.136, shall be construed to impair
any cause of action or legal remedy of any person, or the public, for
injury or damages arising from the emission of any air pollutant in
such place, manner, or amount as to constitute a common law nuisance.
(d) What does someone subject to this rule need to do? A person
subject to this rule, Sec. 49.136, must comply with the terms and
conditions of any permit to construct, permit to operate, or order
issued by the Regional Administrator.
(e) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.136, are defined in Sec. 49.123
General provisions: Air pollutant, air pollution source, ambient air,
emission, owner or operator, permit to construct, permit to operate,
Regional Administrator, and stationary source.
Sec. 49.137 Rule for air pollution episodes.
(a) What is the purpose of this rule? This rule, Sec. 49.137,
establishes procedures for addressing the excessive buildup of certain
air pollutants during periods of stagnant air. This rule is intended to
prevent the occurrence of an air pollution emergency within the Indian
reservation due to the effects of these air pollutants on human health.
(b) Who is affected by this rule? This rule, Sec. 49.137, applies
to the Regional Administrator and any person who owns or operates an
air pollution source within the Indian reservation.
(c) What are the requirements of this rule?
(1) Air pollution action level triggers. Conditions justifying the
declaration of an air pollution alert, air pollution warning, or air
pollution emergency shall exist whenever the Regional Administrator
determines that the accumulation of air pollutants in any place is
attaining, or has attained, 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 shall be
declared whenever the National Weather Service issues an atmospheric
stagnation advisory.
(ii) Air pollution alert. An air pollution alert shall be declared
when any one of the following levels is
[[Page 11775]]
reached, or is projected to be reached, at any monitoring site and the
meteorological conditions are such that the level is expected to
continue or reoccur over the next 24 hours.
(A) Particulate matter (PM10)--350 micrograms per cubic meter, 24-
hour average;
(B) Carbon monoxide (CO)--17 milligrams per cubic meter (15 ppm),
8-hour average;
(C) Sulfur dioxide (SO2)--800 micrograms per cubic meter
(0.3 ppm), 24-hour average;
(D) Ozone (O3)--400 micrograms per cubic meter (0.2
ppm), 1-hour average;
(E) Nitrogen dioxide (NO2)--1,130 micrograms per cubic
meter (0.6 ppm), 1-hour average; and 282 micrograms per cubic meter
(0.15 ppm), 24-hour average.
(iii) Air pollution warning. An air pollution warning shall be
declared when any one of the following levels is reached, or is
projected to be reached, at any monitoring site and the meteorological
conditions are such that the level is expected to continue or reoccur
over the next 24 hours.
(A) Particulate matter (PM10)--420 micrograms per cubic meter, 24-
hour average;
(B) Carbon monoxide (CO)--34 milligrams per cubic meter (30 ppm),
8-hour average;
(C) Sulfur dioxide (SO2)--1,600 micrograms per cubic
meter (0.6 ppm), 24-hour average;
(D) Ozone (O3)--800 micrograms per cubic meter (0.4
ppm), 1-hour average;
(E) Nitrogen dioxide (NO2)--2,260 micrograms per cubic
meter (1.2 ppm), 1-hour average; and 565 micrograms per cubic meter
(0.3 ppm), 24-hour average.
(iv) Air pollution emergency. An air pollution emergency shall be
declared when any one of the following levels is reached, or is
projected to be reached, at any monitoring site and the meteorological
conditions are such that the level is expected to continue or reoccur
over the next 24 hours.
(A) Particulate matter (PM10)--500 micrograms per cubic meter, 24-
hour average;
(B) Carbon monoxide (CO)--46 milligrams per cubic meter (40 ppm),
8-hour average;
(C) Sulfur dioxide (SO2)--2,100 micrograms per cubic
meter (0.8 ppm), 24-hour average;
(D) Ozone (O3)--1,000 micrograms per cubic meter (0.5
ppm), 1-hour average;
(E) Nitrogen dioxide (NO2)--3,000 micrograms per cubic
meter (1.6 ppm), 1-hour average; and 750 micrograms per cubic meter
(0.4 ppm), 24-hour average.
(v) Termination. Once declared, an air pollution alert, warning, or
emergency shall remain in effect until the criteria for that level is
no longer met. At such time, the Regional Administrator will make a new
determination and shall make an appropriate declaration of the new
level.
(2) Announcements by the Regional Administrator. The Regional
Administrator shall request that announcement of an air stagnation
advisory, air pollution alert, air pollution warning, or air pollution
emergency be broadcast on local television and radio stations in the
affected area and posted on their websites. Announcements will also be
posted on the EPA Region 10 website and, where possible, on the
websites of Tribes within the affected area. These announcements will
indicate that air pollution levels exist that could potentially be
harmful to human health and indicate actions that people can take to
reduce exposure. The announcements will also request voluntary actions
to reduce emissions from sources of air pollutants as well as indicate
that a ban on open burning is in effect.
(3) Voluntary curtailment of emissions by sources. Whenever the
Regional Administrator declares an air stagnation advisory or air
pollution alert sources of air pollutants shall be requested to take
voluntary actions to reduce emissions. People should refrain from using
their wood-stoves and fireplaces unless they are their sole source of
heat. People should reduce their use of motor vehicles to the extent
possible. Industrial sources should curtail operations or switch to a
cleaner fuel if possible.
(4) Mandatory curtailment of emissions by order of the Regional
Administrator.
(i) Open burning must cease in accordance with the requirements of
Sec. 49.131 General rule for open burning.
(ii) 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.
(d) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.137, are defined in Sec. 49.123
General provisions: Air pollutant, air pollution source, ambient air,
emission, fuel, motor vehicle, open burning, and Regional
Administrator.
Sec. 49.138 Rule for the registration of air pollution sources and the
reporting of emissions.
(a) What is the purpose of this rule? This rule, Sec. 49.138,
allows the Regional Administrator to develop and maintain a current and
accurate record of air pollution sources and their emissions within the
Indian reservation.
(b) Who is affected by this rule? This rule, Sec. 49.138, applies
to any person who owns or operates an air pollution source except those
exempted below.
(c) What is exempted from this rule? This rule, Sec. 49.138, does
not apply to the following air pollution sources:
(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 are not
subject to applicable requirements under Title VI of the Act and 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 British thermal units
(Btu) per hour;
(6) Cooking of food, except for retail and wholesale businesses
that both cook and sell cooked food (restaurants, for example);
(7) Consumer use of office equipment and products;
(8) Janitorial services and consumer use of janitorial products;
(9) Maintenance and repair activities, except for air pollution
sources engaged in the business of maintaining and repairing equipment,
such as automobile repair shops or appliance repair shops;
(10) Agricultural activities and forestry activities, including
agricultural burning and forestry burning; and
(11) Open burning.
(d) What are the requirements of this rule? Any person who owns or
operates an air pollution source subject to this rule must register the
source with the Regional Administrator as specified below.
(e) Are there additional requirements that must be met? A person
subject to this rule, Sec. 49.138, must register an air pollution
source as follows:
(1) Initial registration. The owner or operator of an air pollution
source that exists on the effective date of this rule must register the
air pollution source with the Regional Administrator by no later than
one year after the effective date of this rule. The owner or operator
of a new air pollution source must register with the Regional
Administrator within 90 days after beginning operation. Submitting an
initial registration does not relieve the owner
[[Page 11776]]
or operator from the requirement to obtain a permit to construct if the
new air pollution source is subject to those rules.
(2) Annual re-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 re-registration
must include all of the information required in the initial
registration and must be updated to reflect any changes since the
previous registration. For information that has not changed since the
previous registration, the owner or operator may reaffirm in writing
the correctness and current status of the information previously
furnished to the Regional Administrator.
(3) Information to include in initial registration and annual re-
registration (all that are applicable).
(i) Name of the air pollution source and the nature of the
business.
(ii) Street address, telephone number, and facsimile number of the
air pollution source.
(iii) Name, mailing address, and telephone number of the owner or
operator.
(iv) Name, mailing address, telephone number, and facsimile number
of the local individual responsible for compliance with this rule.
(v) Name and mailing address of the individual authorized to
receive requests for data and information.
(vi) A description of the production processes and a related flow
chart.
(vii) Identification of emission units and air pollutant generating
activities.
(viii) A plot plan showing the location and height of all emission
units and air pollutant generating activities. The plot plan must also
show the property lines of the air pollution source and indicate the
distance and direction of the nearest residential or commercial
property.
(ix) Type and quantity of fuels, including the sulfur content of
fuels, used on a daily and annual basis.
(x) Type and quantity of raw materials used on a daily and annual
basis.
(xi) Estimates of the total actual emissions for the air pollution
source of the following air pollutants: particulate matter emissions,
PM10 emissions, sulfur dioxide (SO2), nitrogen oxides
(NOX), carbon monoxide (CO), volatile organic compounds
(VOC), lead (Pb), fluorides, sulfuric acid mist, hydrogen sulfide
(H2S), total reduced sulfur (TRS), and reduced sulfur
compounds. Include all of the calculations for the estimates.
(xii) Estimated efficiency of air pollution control equipment under
present or anticipated operating conditions.
(xiii) Any other information specifically requested by the Regional
Administrator.
(4) Procedure for estimating emissions. The initial registration
and annual re-registration must include an estimate of actual emissions
taking into account equipment, operating conditions, and air pollution
control measures. 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. The owner or operator of an air pollution
source must report any relocation of the source to the Regional
Administrator no later than 30 days prior to the relocation of the
source. 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. The owner or operator of an air
pollution source must report any change of ownership to the Regional
Administrator within 90 days after the change in ownership is
effective.
(7) Report of closure. The owner or operator of an air pollution
source must submit a report of closure to the Regional Administrator
within 90 days after the cessation of operations.
(8) Certification of truth and accuracy. All registrations and
reports 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.
(f) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.138, are defined in Sec. 49.123
General provisions: Act, actual emissions, agricultural activities, air
pollutant, air pollution source, ambient air, British thermal unit
(Btu), emission, emission factor, emission unit, fuel, marine vessel,
mobile source, motor vehicle, new air pollution source, non-road
engine, non-road vehicle, open burning, owner or operator, particulate
matter, permit to construct, PM10, rated capacity, Regional
Administrator, stack, stationary source, and uncombined water.
Sec. 49.139 Rule for non-Title V operating permits.
(a) What is the purpose of this rule? This rule, Sec. 49.139,
establishes a permitting program to provide for the establishment of
Federally-enforceable requirements for air pollution sources within the
Indian reservation.
(b) Who is affected by this rule?
(1) This rule, Sec. 49.139, 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;
(ii) Any air pollution source for which the Regional Administrator
determines that additional Federally-enforceable requirements are
necessary to ensure compliance with the implementation plan; or
(iii) Any air pollution source for which the Regional Administrator
determines that additional Federally-enforceable requirements are
necessary to ensure the attainment and maintenance of any national
ambient air quality standard or prevention of significant deterioration
increment.
(2) To the extent allowed by 40 CFR Part 71, or a Tribal operating
permit program approved pursuant to 40 CFR Part 70, a Title V operating
permit may be used in lieu of an operating permit under this section to
establish the limitations or requirements in paragraph (b)(1).
(c) What are the procedures for obtaining an owner-requested
operating permit?
(1) The owner or operator of an air pollution source who wishes to
obtain a Federally-enforceable limitation on the source's actual
emissions or potential to emit shall submit an application to the
Regional Administrator requesting such limitation. The application must
contain the information specified in paragraph (d) of this section.
(2) Within 60 days after receipt of an application, the Regional
Administrator shall determine if it contains the information specified
in paragraph (d) of this section and if so, shall deem it complete for
the purpose of preparing a draft permit to operate. If the Regional
Administrator determines that the application is incomplete, it shall
be returned to the owner or operator along
[[Page 11777]]
with a description of the necessary information that must be submitted
in order for the application to be deemed complete.
(3) The Regional Administrator shall prepare a draft permit to
operate and a draft technical support document that describes the
proposed limitations and their effect on the actual emissions and/or
potential to emit of the air pollution source.
(4) The Regional Administrator shall provide a copy of the draft
permit to operate and draft technical support document to the owner or
operator of the air pollution source and shall provide an opportunity
for the owner or operator to meet with EPA and discuss the proposed
limitations.
(5) The Regional Administrator shall provide an opportunity for
public comment on the draft permit to operate as follows:
(i) A copy of the draft permit to operate, the draft technical
support document, the permit application, and all other supporting
materials will be made available for public inspection in at least one
location in the area affected by the air pollution source.
(ii) A notice shall be made by prominent advertisement in a
newspaper of general circulation in the area affected by the air
pollution source of the availability of the draft permit to operate and
supporting materials and of the opportunity to comment. Where possible,
notices shall also be made in the Tribal newspaper.
(iii) Copies of the notice shall be provided to the owner or
operator of the air pollution source, the Tribal governing body, and
the State, local, and Tribal air pollution authorities having
jurisdiction in areas outside of the Indian reservation potentially
impacted by the air pollution source.
(iv) A 30-day period for submittal of public comments shall be
provided starting upon the date of publication of the notice. If
requested, the Regional Administrator may extend the public comment
period for up to an additional 30 days.
(6) After the close of the public comment period, the Regional
Administrator shall review all comments received and prepare a final
permit to operate and final technical support document. The final
technical support document will include the responses to all comments
received during the public comment period.
(7) The final permit to operate and final technical support
document shall be sent to the owner or operator of the air pollution
source and will be made available at all of the locations where the
draft permit was made available. In addition, the final permit to
operate and final technical support document shall be sent to all
persons who provided comments on the draft permit to operate.
(8) The final permit to operate shall be a final agency action for
purposes of administrative appeal and judicial review.
(d) What must the owner or operator of an air pollution source
include in an application for a Federally-enforceable limitation?
(1) The owner or operator of an air pollution source that wishes to
obtain a Federally-enforceable limitation must submit to the Regional
Administrator an application for a permit to operate that includes the
following information:
(i) Name of the air pollution source and the nature of the
business.
(ii) Street address, telephone number, and facsimile number of the
air pollution source.
(iii) Name, mailing address, and telephone number of the owner or
operator.
(iv) Name, mailing address, telephone number, and facsimile number
of the local individual responsible for compliance with this rule.
(v) Name and mailing address of the individual authorized to
receive requests for data and information.
(vi) For each air pollutant and for all emission units and air
pollutant generating activities to be covered by a limitation:
(A) The proposed limitation and a description of its effect on
actual emissions or the potential to emit. Proposed limitations may
include, but are not limited to, emission limitations, production
limits, operational restrictions, fuel or raw material specifications,
and/or requirements for installation and operation of emission
controls. Proposed limitations must have a reasonably short averaging
period, taking into consideration the operation of the air pollution
source and the methods to be used for demonstrating compliance.
(B) Proposed testing, monitoring, recordkeeping, and reporting
requirements to be used to demonstrate and assure compliance with the
proposed limitation.
(C) A description of the production processes and a related flow
chart.
(D) Identification of emission units and air pollutant generating
activities.
(E) Type and quantity of fuels and/or raw materials used.
(F) 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. Include all of the calculations for the estimates.
(H) Estimates of the allowable emissions and/or potential to emit
that would result from compliance with the proposed limitation. Include
all of the calculations for the estimates.
(vii) Any other information specifically requested by the Regional
Administrator.
(2) Estimates of actual emissions must be based upon actual test
data, or in the absence of such data, upon procedures acceptable to the
Regional Administrator. Any emission estimates submitted to the
Regional Administrator must be verifiable using currently accepted
engineering criteria. The following procedures are generally acceptable
for estimating emissions from air pollution sources:
(i) Source-specific emission tests;
(ii) Mass balance calculations;
(iii) Published, verifiable emission factors that are applicable to
the source;
(iv) Other engineering calculations; or
(v) Other procedures to estimate emissions specifically approved by
the Regional Administrator.
(3) All applications for a permit to operate must include a
certification by the owner or operator as to the truth, accuracy, and
completeness of the information. This certification must state that,
based on information and belief formed after reasonable inquiry, the
statements and information are true, accurate, and complete.
(e) What are the procedures that the Regional Administrator will
follow to require an operating permit?
(1) Whenever the Regional Administrator determines that additional
Federally-enforceable requirements are necessary to ensure compliance
with the implementation plan or to ensure the attainment and
maintenance of any national ambient air quality standard or prevention
of significant deterioration increment, the owner or operator of the
air pollution source shall be so notified in writing.
(2) The Regional Administrator may require that the owner or
operator provide whatever information that the Regional Administrator
determines is necessary to establish such requirements in a permit to
operate under this rule, Sec. 49.139.
(3) The Regional Administrator shall prepare a draft permit to
operate and a draft technical support document that describes the
reasons and need for the proposed requirements.
(4) The Regional Administrator shall provide a copy of the draft
permit to operate and draft technical support document to the owner or
operator of the air pollution source and shall
[[Page 11778]]
provide an opportunity for the owner or operator to meet with EPA and
discuss the proposed requirements.
(5) The Regional Administrator shall provide an opportunity for
public comment on the draft permit to operate as follows:
(i) A copy of the draft permit to operate, the draft technical
support document, and all other supporting materials will be made
available for public inspection in at least one location in the area
affected by the air pollution source.
(ii) A notice shall be made by prominent advertisement in a
newspaper of general circulation in the area affected by the air
pollution source of the availability of the draft permit to operate and
supporting materials and of the opportunity to comment. Where possible,
notices shall also be made in the Tribal newspaper.
(iii) Copies of the notice shall be provided to the owner or
operator of the air pollution source, the Tribal governing body, and
the State, local, and Tribal air pollution authorities having
jurisdiction in areas outside of the Indian reservation potentially
impacted by the air pollution source.
(iv) A 30-day period for submittal of public comments shall be
provided starting upon the date of publication of the notice. If
requested, the Regional Administrator may extend the public comment
period for up to an additional 30 days.
(6) After the close of the public comment period, the Regional
Administrator shall review all comments received and prepare a final
permit to operate and final technical support document, unless the
Regional Administrator determines that additional requirements are not
necessary to ensure compliance with the implementation plan or to
ensure the attainment and maintenance of any national ambient air
quality standard or prevention of significant deterioration increment.
The final technical support document will include the responses to all
comments received during the public comment period.
(7) The final permit to operate and final technical support
document shall be sent to the owner or operator of the air pollution
source and will be made available at all of the locations where the
draft permit was made available. In addition, the final permit to
operate and final technical support document shall be sent to all
persons who provided comments on the draft permit to operate.
(8) The final permit to operate shall be a final agency action for
purposes of administrative appeal and judicial review.
(f) Definitions of terms used in this rule. The following terms,
that are used in this rule, Sec. 49.139, are defined in Sec. 49.123
General provisions: Act, actual emissions, air pollutant, air pollution
source, allowable emissions, ambient air, emission, emission factor,
Federally enforceable, implementation plan, owner or operator,
potential to emit, and Regional Administrator.
Secs. 49.140-49.200 [Reserved]
3. Subpart M of Part 49 is amended by adding an undesignated center
heading and Secs. 49.9861 through 49.9870 to read as follows:
Subpart M--Implementation Plans for Tribes--Region X
Implementation Plan for the Burns Paiute Tribe of the Burns Paiute
Indian Colony of Oregon
Sec. 49.9861 Identification of plan.
This section and Secs. 49.9862 through 49.9890 contain the
implementation plan for the Burns Paiute Tribe of the Burns Paiute
Indian Colony. This plan consists of a combination of Tribal rules and
measures and Federal regulations and measures which apply within the
Reservation of the Burns Paiute Indian Colony.
Sec. 49.9862 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Burns Paiute Indian
Colony.
Sec. 49.9863 Legal authority. [Reserved]
Sec. 49.9864 Source surveillance. [Reserved]
Sec. 49.9865 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Burns Paiute Indian Colony is classified as follows for purposes of
episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... III
------------------------------------------------------------------------
Sec. 49.9866 Contents of implementation plan.
The implementation plan for the Reservation of the Burns Paiute
Indian Colony consists of the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.9867 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.9868 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.9869 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.9870 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Reservation of the Burns Paiute Indian
Colony:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.9871-49.9890 [Reserved]
4. Subpart M of Part 49 is amended by adding an undesignated center
heading
[[Page 11779]]
and Secs. 49.9891 through 49.9900 to read as follows:
Implementation Plan for the Confederated Tribes of the Chehalis
Reservation, Washington
Sec. 49.9891 Identification of plan.
This section and Secs. 49.9892 through 49.9920 contain the
implementation plan for the Confederated Tribes of the Chehalis
Reservation. This plan consists of a combination of Tribal rules and
measures and Federal regulations and measures which apply within the
Chehalis Reservation.
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 Legal authority. [Reserved]
Sec. 49.9894 Source surveillance. [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 human health
and 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.
Sec. 49.9897 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.9898 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.9899 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.9900 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Chehalis Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.9901-49.9920 [Reserved]
5. Subpart M of Part 49 is amended by adding an undesignated center
heading and Secs. 49.9921 through 49.9930 to read as follows:
Implementation Plan for the Coeur D'Alene Tribe of the Coeur
D'Alene Reservation, Idaho
Sec. 49.9921 Identification of plan.
This section and Secs. 49.9922 through 49.9950 contain the
implementation plan for the Coeur D'Alene Tribe of the Coeur D'Alene
Reservation. This plan consists of a combination of Tribal rules and
measures and Federal regulations and measures which apply within the
Coeur D'Alene Reservation.
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 Legal authority. [Reserved]
Sec. 49.9924 Source surveillance. [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 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.9927 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.9928 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.9929 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.9930 Federally-promulgated regulations and Federal
implementation plans.
(a) The following regulations are incorporated and made part of the
implementation plan for the Coeur D'Alene Reservation:
[[Page 11780]]
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.9931-49.9950 [Reserved]
6. Subpart M of Part 49 is amended by adding an undesignated center
heading and Secs. 49.9951 through 49.9960 to read as follows:
Implementation Plan for the Confederated Tribes of the Colville
Reservation, Washington
Sec. 49.9951 Identification of plan.
This section and Secs. 49.9952 through 49.9980 contain the
implementation plan for the Confederated Tribes of the Colville
Reservation. This plan consists of a combination of Tribal rules and
measures and Federal regulations and measures which apply within the
Colville Reservation.
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 Legal authority. [Reserved]
Sec. 49.9954 Source surveillance. [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 human health
and 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.
Sec. 49.9957 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.9958 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.9959 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.9960 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Colville Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.127 Rule for woodwaste burners.
(f) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
(g) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(h) Section 49.130 Rule for limiting sulfur in fuels.
(i) Section 49.131 General rule for open burning.
(j) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.9961-49.9980 [Reserved]
7. Subpart M of Part 49 is amended by adding an undesignated center
heading and Secs. 49.9981 through 49.9990 to read as follows:
Implementation Plan for the Confederated Tribes of the Coos, Lower
Umpqua and Siuslaw Indians of Oregon
Sec. 49.9981 Identification of plan.
This section and Secs. 49.9982 through 49.10010 contain the
implementation plan for the Confederated Tribes of the Coos, Lower
Umpqua and Siuslaw Indians. This plan consists of a combination of
Tribal rules and measures and Federal regulations and measures which
apply within the Reservation of the Confederated Tribes of the Coos,
Lower Umpqua and Siuslaw Indians.
Sec. 49.9982 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Confederated Tribes of
the Coos, Lower Umpqua and Siuslaw Indians.
Sec. 49.9983 Legal authority. [Reserved]
Sec. 49.9984 Source surveillance. [Reserved]
Sec. 49.9985 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians
is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide.......................... III
Nitrogen dioxide......................... III
Ozone.................................... III
Particulate matter (PM10)................ II
Sulfur oxides............................ III
------------------------------------------------------------------------
[[Page 11781]]
Sec. 49.9986 Contents of implementation plan.
The implementation plan for the Reservation of the Confederated
Tribes of the Coos, Lower Umpqua and Siuslaw Indians consists of the
following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.9987 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.9988 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.9989 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.9990 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Reservation of the Confederated Tribes of
the Coos, Lower Umpqua and Siuslaw Indians:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.9991-49.10010 [Reserved]
8. Subpart M of Part 49 is amended by adding an undesignated center
heading and Secs. 49.10011 through 49.10020 to read as follows:
Implementation Plan for the Coquille Tribe of Oregon
Sec. 49.10011 Identification of plan.
This section and Secs. 49.10012 through 49.10040 contain the
implementation plan for the Coquille Tribe. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Reservation of the Coquille Tribe.
Sec. 49.10012 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Coquille Tribe.
Sec. 49.10013 Legal authority. [Reserved]
Sec. 49.10014 Source surveillance. [Reserved]
Sec. 49.10015 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Coquille Tribe is classified as follows for purposes of episode
plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... III
------------------------------------------------------------------------
Sec. 49.10016 Contents of implementation plan.
The implementation plan for the Reservation of the Coquille Tribe
consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10017 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10018 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10019 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of 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 Reservation of the Coquille Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10021-49.10040 [Reserved]
9. Subpart M of Part 49 is amended by adding an undesignated center
heading and Secs. 49.10041 through 49.10050 to read as follows:
Implementation Plan for the Cow Creek Band of Umpqua Indians of
Oregon
Sec. 49.10041 Identification of plan.
This section and Secs. 49.10042 through 49.10100 contain the
implementation
[[Page 11782]]
plan for the Cow Creek Band of Umpqua Indians. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Reservation of the Cow Creek Band of
Umpqua Indians.
Sec. 49.10042 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Cow Creek Band of Umpqua
Indians.
Sec. 49.10043 Legal authority. [Reserved]
Sec. 49.10044 Source surveillance. [Reserved]
Sec. 49.10045 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Cow Creek Band of Umpqua Indians is classified as follows for
purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... III
------------------------------------------------------------------------
Sec. 49.10046 Contents of implementation plan.
The implementation plan for the Reservation of the Cow Creek Band
of Umpqua Indians consists of the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10047 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10048 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10049 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10050 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Reservation of the Cow Creek Band of Umpqua
Indians:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10051-49.10100 [Reserved]
10. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10101 through 49.10110 to end as follows:
Implementation Plan for the Confederated Tribes of the Grand Ronde
Community of Oregon
Sec. 49.10101 Identification of plan.
This section and Secs. 49.10102 through 49.10130 contain the
implementation plan for the Confederated Tribes of the Grand Ronde
Community. This plan consists of a combination of Tribal rules and
measures and Federal regulations and measures which apply within the
Reservation of the Confederated Tribes of the Grand Ronde Community.
Sec. 49.10102 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Confederated Tribes of
the Grand Ronde Community.
Sec. 49.10103 Legal authority.[Reserved]
Sec. 49.10104 Source surveillance. [Reserved]
Sec. 49.10105 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Confederated Tribes of the Grand Ronde Community is classified as
follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... I
Nitrogen dioxide........................ III
Ozone................................... I
Particulate matter (PM10)............... I
Sulfur oxides........................... IA
------------------------------------------------------------------------
Sec. 49.10106 Contents of implementation plan.
The implementation plan for the Reservation of the Confederated
Tribes of the Grand Ronde Community consists of the following rules,
regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10107 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10108 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10109 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
[[Page 11783]]
Sec. 49.10110 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Reservation of the Confederated Tribes of
the Grand Ronde Community:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10111-49.10130 [Reserved]
11. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10131 through 49.10140 to read as follows:
Implementation Plan for the Hoh Indian Tribe of the Hoh Indian
Reservation, Washington
Sec. 49.10131 Identification of plan.
This section and Secs. 49.10132 through 49.10160 contain the
implementation plan for the Hoh Indian Tribe of the Hoh Indian
Reservation. This plan consists of a combination of Tribal rules and
measures and Federal regulations and measures which apply within the
Hoh Indian Reservation.
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 Legal authority. [Reserved]
Sec. 49.10134 Source surveillance. [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 human health
and 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.
Sec. 49.10137 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10138 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10139 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10140 Federally-promulgated regulations and Federal
implementation plans.
(a) The following regulations are incorporated and made part of the
implementation plan for the Hoh Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10141-49.10160 [Reserved]
12. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10161 through 49.10170 to read as follows:
Implementation Plan for the Jamestown S'Klallam Tribe of Washington
Sec. 49.10161 Identification of plan.
This section and Secs. 49.10162 through 49.10190 contain the
implementation plan for the Jamestown S'Klallam Tribe. This plan
consists of a combination of Tribal rules and measures and Federal
regulations and measures which apply within the Reservation of the
Jamestown S'Klallam Tribe.
Sec. 49.10162 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Jamestown S'Klallam
Tribe.
Sec. 49.10163 Legal authority. [Reserved]
Sec. 49.10164 Source surveillance. [Reserved]
Sec. 49.10165 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Jamestown S'Klallam Tribe is classified as follows for purposes of
episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... II
------------------------------------------------------------------------
Sec. 49.10166 Contents of implementation plan.
The implementation plan for the Reservation of the Jamestown
S'Klallam Tribe consists of the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
[[Page 11784]]
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10167 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10168 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10169 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10170 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Reservation of the Jamestown S'Klallam
Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10171-49.10190 [Reserved]
13. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10191 through 49.10200 to read as follows:
Implementation Plan for the Kalispel Indian Community of the
Kalispel Reservation, Washington
Sec. 49.10191 Identification of plan.
This section and Secs. 49.1019192 through 49.10220 contain the
implementation plan for the Kalispel Indian Community. This plan
consists of a combination of Tribal rules and measures and Federal
regulations and measures which apply within the Kalispel Reservation.
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 Legal authority. [Reserved]
Sec. 49.10194 Source surveillance. [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.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10197 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10198 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10199 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10200 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Kalispel Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10201-49.10220 [Reserved]
14. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10221 through 49.10230 to read as follows:
Implementation Plan for the Klamath Indian Tribe of Oregon
Sec. 49.10221 Identification of plan.
This section and Secs. 49.10222 through 49.10250 contain the
implementation plan for the Klamath Indian Tribe. This plan consists of
a combination of Tribal rules and measures and Federal regulations and
measures which apply within the Reservation of the Klamath Indian
Tribe.
Sec. 49.10222 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Klamath Indian Tribe.
[[Page 11785]]
Sec. 49.10223 Legal authority. [Reserved]
Sec. 49.10224 Source surveillance. [Reserved]
Sec. 49.10225 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Klamath Indian Tribe is classified as follows for purposes of
episode plans:
------------------------------------------------------------------------
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 Reservation of the Klamath Indian
Tribe consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10227 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10228 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10229 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10230 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Reservation of the Klamath Indian Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10231-49.10250 [Reserved]
15. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10251 through 49.10260 to read as follows:
Implementation Plan for the Kootenai Tribe of Idaho
Sec. 49.10251 Identification of plan.
This section and Secs. 49.10252 through 49.10280 contain the
implementation plan for the Kootenai Tribe of Idaho. This plan consists
of a combination of Tribal rules and measures and Federal regulations
and measures which apply within the Reservation of the Kootenai Tribe
of Idaho.
Sec. 49.10252 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Kootenai Tribe of Idaho.
Sec. 49.10253 Legal authority. [Reserved]
Sec. 49.10254 Source surveillance. [Reserved]
Sec. 49.10255 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Kootenai Tribe of Idaho is classified as follows for purposes of
episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... I
Sulfur oxides........................... III
------------------------------------------------------------------------
Sec. 49.10256 Contents of implementation plan.
The implementation plan for the Reservation of the Kootenai Tribe
of Idaho consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10257 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10258 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10259 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10260 Federally-promulgated regulations and Federal
implementation plans.
(a) The following regulations are incorporated and made part of the
implementation plan for the Reservation of the Kootenai Tribe of Idaho:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and welfare.
(i) Section 49.137 Rule for air pollution episodes.
[[Page 11786]]
(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.
Secs. 49.103261-49.10280 [Reserved]
16. Subpart M of part 49 is amended by adding an undesignated
center heading and Secs. 49.10281 through 49.10290 to read as follows:
Implementation Plan for the Lower Elwha Tribal Community of the
Lower Elwha Reservation Washington
Sec. 49.10281 Identification of plan.
This section and Secs. 49.10282 through 49.10310 contain the
implementation plan for the Lower Elwha Tribal Community. This plan
consists of a combination of Tribal rules and measures and Federal
regulations and measures which apply within the Lower Elwha
Reservation.
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 Legal authority. [Reserved]
Sec. 49.10284 Source surveillance. [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 human health
and 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.
Sec. 49.10287 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10288 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10289 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10290 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Lower Elwha Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10291-49.10310 [Reserved]
17. Subpart M of part 49 is amended by adding an undesignated
center heading and Secs. 49.10311 through 49.10320 to read as follows:
Implementation Plan for the Lummi Tribe of the Lummi Reservation,
Washington
Sec. 49.10311 Identification of plan.
This section and Secs. 49.10312 through 49.10340 contain the
implementation plan for the Lummi Tribe. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Lummi Reservation.
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 Legal authority. [Reserved]
Sec. 49.10314 Source surveillance. [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 human health
and 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.
Sec. 49.10317 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10318 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
[[Page 11787]]
Sec. 49.10319 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10320 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Lummi Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10321-49.10340 [Reserved]
18. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10341 through 49.10350 to read as follows:
Implementation Plan for the Makah Indian Tribe of the Makah Indian
Reservation, Washington
Sec. 49.10341 Identification of plan.
This section and Secs. 49.10342 through 49.10370 contain the
implementation plan for the Makah Indian Tribe. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Makah Indian Reservation.
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 Legal authority. [Reserved]
Sec. 49.10344 Source surveillance. [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 human health
and 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.
Sec. 49.10347 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10348 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10349 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10350 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Makah Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10351-49.10370 [Reserved]
19. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10371 through 49.10380 as follows:
Implementation Plan for the Muckleshoot Indian Tribe of the
Muckleshoot Reservation, Washington
Sec. 49.10371 Identification of plan.
This section and Secs. 49.10372 through 49.10400 contain the
implementation plan for the Muckleshoot Indian Tribe. This plan
consists of a combination of Tribal rules and measures and Federal
regulations and measures which apply within the Muckleshoot
Reservation.
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 Legal authority. [Reserved]
Sec. 49.10374 Source surveillance. [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......................... I
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.
[[Page 11788]]
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10377 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10378 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10379 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10380 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Muckleshoot Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10381-49.10400 [Reserved]
20. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10401 through 49.10410 as follows:
Implementation Plan for the Nez Perce Tribe of Idaho
Sec. 49.10401 Identification of plan.
This section and Secs. 49.10402 through 49.10430 contain the
implementation plan for the Nez Perce Tribe. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Nez Perce Reservation.
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 Legal authority. [Reserved]
Sec. 49.10404 Source surveillance. [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 open burning permits.
(k) Section 49.133 Rule for agricultural burning permits.
(l) Section 49.134 Rule for forestry burning permits.
(m) Section 49.136 Rule for emissions detrimental to persons,
property, cultural or traditional resources.
(n) Section 49.137 Rule for air pollution episodes.
(o) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(p) Section 49.139 Rule for non-Title V operating permits.
Sec. 49.10407 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10408 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10409 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10410 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Nez Perce Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.127 Rule for woodwaste burners.
(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 open burning permits.
(k) Section 49.133 Rule for agricultural burning permits.
(l) Section 49.134 Rule for forestry burning permits.
(m) Section 49.136 Rule for emissions detrimental to persons,
property, cultural or traditional resources.
(n) Section 49.137 Rule for air pollution episodes.
(o) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(p) Section 49.139 Rule for non-Title V operating permits.
Secs. 49.10411-49.10430 [Reserved]
21. Subpart M of Part 49 is amended by adding an undesignated
center
[[Page 11789]]
heading and Secs. 49.10431 through 49.10440 to read as follows:
Implementation Plan for the Nisqually Indian Tribe of the Nisqually
Reservation, Washington
Sec. 49.10431 Identification of plan.
This section and Secs. 49.10432 through 49.10460 contain the
implementation plan for the Nisqually Indian Tribe. This plan consists
of a combination of Tribal rules and measures and Federal regulations
and measures which apply within the Nisqually Reservation.
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 Legal authority. [Reserved]
Sec. 49.10434 Source surveillance. [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 human health
and 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.
Sec. 49.10437 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10438 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10439 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10440 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Nisqually Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10441-49.10460 [Reserved]
22. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10461 through 49.10470 to read as follows:
Implementation Plan for the Nooksack Indian Tribe of Washington
Sec. 49.10461 Identification of plan.
This section and Secs. 49.10462 through 49.10490 contain the
implementation plan for the Nooksack Indian Tribe. This plan consists
of a combination of Tribal rules and measures and Federal regulations
and measures which apply within the Reservation of the Nooksack Indian
Tribe.
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 Legal authority. [Reserved]
Sec. 49.10464. Source surveillance. [Reserved]
Sec. 49.10465 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Nooksack Indian Tribe is classified as follows for purposes of
episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... II
------------------------------------------------------------------------
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 human health
and 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.
Sec. 49.10467 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10468 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10469 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10470 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
[[Page 11790]]
implementation plan for the Reservation of the Nooksack Indian Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10471-49.10490 [Reserved]
23. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10491 through 49.10500 to read as follows:
Implementation Plan for the Port Gamble Indian Community of the
Port Gamble Reservation, Washington
Sec. 49.10491 Identification of plan.
This section and Secs. 49.10492 through 49.10520 contain the
implementation plan for the Port Gamble Indian Community. This plan
consists of a combination of Tribal rules and measures and Federal
regulations and measures which apply within the Port Gamble
Reservation.
Sec. 49.10492 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Port Gamble Reservation.
Sec. 49.10493 Legal authority. [Reserved]
Sec. 49.10494 Source surveillance. [Reserved]
Sec. 49.10495 Classification of regions for episode plans.
The air quality control region which encompasses the Port Gamble
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... I
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 Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10497 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10498 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10499 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10500 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Port Gamble Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10501-49.10520 [Reserved]
24. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10521 through 49.10530 as follows:
Implementation Plan for the Puyallup Tribe of the Puyallup
Reservation, Washington
Sec. 49.10521 Identification of plan.
This section and Secs. 49.10522 through 49.10550 contain the
implementation plan for the Puyallup Tribe. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply to lands in trust that are within the 1873 survey
area of the Puyallup Tribe (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 Legal authority. [Reserved]
Sec. 49.10524 Source surveillance. [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......................... I
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.
[[Page 11791]]
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10527 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10528 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10529 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10530 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the lands in trust that are within the Puyallup
Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10531-49.10550 [Reserved]
25. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10551 through 49.10560 to read as follows:
Implementation Plan for the Quileute Tribe of the Quileute
Reservation, Washington
Sec. 49.10551 Identification of plan.
This section and Secs. 49.10552 through 49.10580 contain the
implementation plan for the Quileute Tribe. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Quileute Reservation.
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 Legal authority. [Reserved]
Sec. 49.10554 Source surveillance. [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 human health
and 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.
Sec. 49.10557 EPA-approved tribal rules and plans. [Reserved]
Sec. 49.10558 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10559 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10560 Federally-promulgated regulations and federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Quileute Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10561-49.10580 [Reserved]
26. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10581 through 49.10590 to read as follows:
Implementation Plan for the Quinault Tribe of the Quinault
Reservation, Washington
Sec. 49.10581 Identification of plan.
This section and Secs. 49.10582 through 49.10640 contain the
implementation plan for the Quinault Tribe. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Quinault Reservation.
Sec. 49.10582 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Quinault Reservation.
[[Page 11792]]
Sec. 49.10583 Legal authority. [Reserved]
Sec. 49.10584 Source surveillance. [Reserved]
Sec. 49.10585 Classification of regions for episode plans.
The air quality control region which encompasses the Quinault
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
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 Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10587 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10588 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10589 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10590 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Quinault Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10591-49.10640 [Reserved]
27. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10641 through 49.10650 to read as follows:
Implementation Plan for the Sauk-Suiattle Indian Tribe of
Washington
Sec. 49.10641 Identification of plan.
This section and Secs. 49.10642 through 49.10670 contain the
implementation plan for the Sauk-Suiattle Indian Tribe. This plan
consists of a combination of Tribal rules and measures and Federal
regulations and measures which apply within the Reservation of the
Sauk-Suiattle Tribe.
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 Tribe.
Sec. 49.10643 Legal authority. [Reserved]
Sec. 49.10644 Source surveillance. [Reserved]
Sec. 49.10645 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Sauk-Suiattle Tribe is classified as follows for purposes of
episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... I
Nitrogen dioxide........................ III
Ozone................................... I
Particulate matter (PM10)............... I
Sulfur oxides........................... IA
------------------------------------------------------------------------
Sec. 49.10646 Contents of implementation plan.
The implementation plan for the Reservation of the Sauk-Suiattle
Tribe consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10647 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10648 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10649 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10650 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Reservation of the Sauk-Suiattle Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and welfare.
(i) Section 49.137 Rule for air pollution episodes.
[[Page 11793]]
(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.
Secs. 49.10651-49.10670 [Reserved]
28. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10671 through 49.10680 to read as follows:
Implementation Plan for the Shoalwater Bay Tribe of the Shoalwater
Bay Indian Reservation, Washington
Sec. 49.10671 Identification of plan.
This section and Secs. 49.10672 through 49.10700 contain the
implementation plan for the Shoalwater Bay Tribe of the Shoalwater Bay
Indian Reservation. This plan consists of a combination of Tribal rules
and measures and Federal regulations and measures which apply within
the Shoalwater Bay Indian Reservation.
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 Legal authority. [Reserved]
Sec. 49.10674 Source surveillance. [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
consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10677 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10678 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10679 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10680 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Shoalwater Bay Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10681-49.10700 [Reserved]
29. Subpart M of Part 49 is amended by revising the undesignated
center heading and Secs. 49.10701 and 49.10702 to read as follows:
Implementation Plan for the Shoshone-Bannock Tribes of the Fort
Hall Indian Reservation of Idaho
Sec. 49.10701 Identification of plan.
This section and Secs. 49.10702 through 49.10730 contain the
implementation plan for the Shoshone-Bannock Tribes of the Fort Hall
Indian Reservation. This plan consists of a combination of Tribal rules
and measures and Federal regulations and measures which apply within
the Fort Hall Indian Reservation.
Sec. 49.10702 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Fort Hall Indian Reservation.
30. Subpart M of Part 49 is amended by revising Secs. 49.10704
through 49.10706 to read as follows:
Sec. 49.10704 Source surveillance. [Reserved]
Sec. 49.10705 Classification of regions for episode plans.
The air quality control region which encompasses the Fort Hall
Indian Reservation is classified as follows for purposes of episode
plans:
------------------------------------------------------------------------
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 Indian Reservation
consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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 49.10711 Federal Implementation Plan for the Astaris-
Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall
PM-10 Nonattainment Area.
31. Subpart M of Part 49 is amended by revising Secs. 49.10709
through 49.10710 to read as follows:
[[Page 11794]]
Sec. 49.10709 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10710 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Fort Hall Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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 49.10711 Federal Implementation Plan for the Astaris-
Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall
PM-10 Nonattainment Area.
32. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10731 through 49.10740 to read as follows:
Implementation Plan for the Confederated Tribes of the Siletz
Reservation, Oregon
Sec. 49.10731 Identification of plan.
This section and Secs. 49.10732 through 49.10760 contain the
implementation plan for the Confederated Tribes of the Siletz
Reservation. This plan consists of a combination of Tribal rules and
measures and Federal regulations and measures which apply within the
Siletz Reservation.
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 Legal authority. [Reserved]
Sec. 49.10734 Source surveillance. [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 human health
and 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.
Sec. 49.10737 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10738 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10739 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10740 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Siletz Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10741-49.10760 [Reserved]
33. Subpart M of part 49 is amended by adding an undesignated
center heading and Secs. 49.10761 through 49.10770 to read as follows:
Implementation Plan for the Skokomish Indian Tribe of the Skokomish
Reservation, Washington
Sec. 49.10761 Identification of plan.
This section and Secs. 49.10762 through 49.10820 contain the
implementation plan for the Skokomish Indian Tribe. This plan consists
of a combination of Tribal rules and measures and Federal regulations
and measures which apply within the Skokomish Reservation.
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 Legal authority. [Reserved]
Sec. 49.10764 Source surveillance. [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
------------------------------------------------------------------------
[[Page 11795]]
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 human health
and 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.
Sec. 49.10767 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10768 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10769 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10770 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Skokomish Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10771-49.10820 [Reserved]
34. Subpart M of part 49 is amended by adding an undesignated
center heading and Secs. 49.10821 through 49.10830 to read as follows:
Implementation Plan for the Spokane Tribe of the Spokane
Reservation, Washington
Sec. 49.10821 Identification of plan.
This section and Secs. 49.10822 through 49.10850 contain the
implementation plan for the Spokane Tribe. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Spokane Reservation.
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 Legal authority. [Reserved]
Sec. 49.10824 Source surveillance. [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 human health
and 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.
Sec. 49.10827 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10828 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10829 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10830 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Spokane Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10831-49.10850 [Reserved]
35. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10851 through 49.10860 to read as follows:
Implementation Plan for the Squaxin Island Tribe of the Squaxin
Island Reservation, Washington
Sec. 49.10851 Identification of plan.
This section and Secs. 49.10852 through 49.10880 contain the
implementation
[[Page 11796]]
plan for the Squaxin Island Tribe. This plan consists of a combination
of Tribal rules and measures and Federal regulations and measures which
apply within the Squaxin Island Reservation.
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 Legal authority. [Reserved]
Sec. 49.10854 Source surveillance. [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 human health
and 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.
Sec. 49.10857 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10858 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10859 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10860 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Squaxin Island Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10861-49.10880 [Reserved]
36. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10881 through 49.10890 to read as follows:
Implementation Plan for the Stillaguamish Tribe of Washington
Sec. 49.10881 Identification of plan.
This section and Secs. 49.10882 through 49.10920 contain the
implementation plan for the Stillaguamish Tribe. This plan consists of
a combination of Tribal rules and measures and Federal regulations and
measures which apply within the Reservation of the Stillaguamish Tribe.
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.
Sec. 49.10883 Legal authority. [Reserved]
Sec. 49.10884 Source surveillance. [Reserved]
Sec. 49.10885 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Stillaguamish Tribe is classified as follows for purposes of
episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... I
Nitrogen dioxide........................ III
Ozone................................... I
Particulate matter (PM10)............... I
Sulfur oxides........................... IA
------------------------------------------------------------------------
Sec. 49.10886 Contents of implementation plan.
The implementation plan for the Reservation of the Stillaguamish
Tribe consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10887 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10888 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10889 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10890 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Reservation of the Stillaguamish Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
[[Page 11797]]
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10891-49.10920 [Reserved]
37. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10921 through 49.10930 to read as follows:
Implementation Plan for the Suquamish Indian Tribe of the Port
Madison Reservation, Washington
Sec. 49.10921 Identification of plan.
This section and Secs. 49.10922 through 49.10950 contain the
implementation plan for the Suquamish Indian Tribe of the Port Madison
Reservation. This plan consists of a combination of Tribal rules and
measures and Federal regulations and measures which apply within the
Port Madison Reservation.
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 Legal authority. [Reserved]
Sec. 49.10924 Source surveillance. [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.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.10927 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10928 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10929 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10930 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Port Madison Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10931-49.10950 [Reserved]
38. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10951 through 49.10960 to read as follows:
Implementation Plan for the Swinomish Indians of the Swinomish
Reservation, Washington
Sec. 49.10951 Identification of plan.
This section and Secs. 49.10952 through 49.10980 contain the
implementation plan for the Swinomish Indians. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Swinomish Reservation.
Sec. 49.10952 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Swinomish Reservation.
Sec. 49.10953 Legal authority. [Reserved]
Sec. 49.10954 Source surveillance. [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) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
[[Page 11798]]
Sec. 49.10957 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10958 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10959 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10960 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Swinomish Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10961-49.10980 [Reserved]
39. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.10981 through 49.10990 to read as follows:
Implementation Plan for the Tulalip Tribes of the Tulalip
Reservation, Washington
Sec. 49.10981 Identification of plan.
This section and Secs. 49.10982 through 49.11010 contain the
implementation plan for the Tulalip Tribes. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Tulalip Reservation.
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 Legal authority. [Reserved]
Sec. 49.10984 Source surveillance. [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......................... I
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 human health
and 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.
Sec. 49.10987 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10988 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.10989 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.10990 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Tulalip Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.10991-49.11010 [Reserved]
40. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.11011 through 49.11020 to read as follows:
Implementation Plan for the Confederated Tribes of the Umatilla
Reservation, Oregon
Sec. 49.11011 Identification of plan.
This section and Secs. 49.11012 through 49.11040 contain the
implementation plan for the Confederated Tribes of the Umatilla
Reservation. This plan consists of a combination of Tribal rules and
measures and Federal regulations and measures which apply within the
Umatilla Reservation.
Sec. 49.11012 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Umatilla Reservation.
Sec. 49.11013 Legal authority. [Reserved]
Sec. 49.11014 Source surveillance. [Reserved]
Sec. 49.11015 Classification of regions for episode plans.
The air quality control region which encompasses the Umatilla
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... III
------------------------------------------------------------------------
[[Page 11799]]
Sec. 49.11016 Contents of implementation plan.
The implementation plan for the Umatilla Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.132 Rule for open burning permits.
(i) Section 49.133 Rule for agriculture burning permits.
(j) Section 49.134 Rule for forestry burning permits.
(k) Section 49.136 Rule for emissions detrimental to persons,
property, cultural or traditional resources.
(l) Section 49.137 Rule for air pollution episodes.
(m) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(n) Section 49.139 Rule for non-Title V operating permits.
Sec. 49.11017 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.11018 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.11019 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.11020 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Umatilla Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.132 Rule for open burning permits.
(i) Section 49.133 Rule for agriculture burning permits.
(j) Section 49.134 Rule for forestry burning permits.
(k) Section 49.136 Rule for emissions detrimental to persons,
property, cultural or traditional resources.
(l) Section 49.137 Rule for air pollution episodes.
(m) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(n) Section 49.139 Rule for non-Title V operating permits.
Secs. 49.11021-49.11040 [Reserved]
41. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.11041 through 49.11050 to read as follows:
Implementation Plan for the Upper Skagit Indian Tribe of Washington
Sec. 49.11041 Identification of plan.
This section and Secs. 49.11042 through 49.11070 contain the
implementation plan for the Upper Skagit Indian Tribe. This plan
consists of a combination of Tribal rules and measures and Federal
regulations and measures which apply within the Reservation of the
Upper Skagit Indian Tribe.
Sec. 49.11042 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Upper Skagit Indian
Tribe.
Sec. 49.11043 Legal authority. [Reserved]
Sec. 49.11044 Source surveillance. [Reserved]
Sec. 49.11045 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Upper Skagit Indian Tribe is classified as follows for purposes of
episode plans:
------------------------------------------------------------------------
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 Reservation of the Upper Skagit
Indian Tribe consists of the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.11047 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.11048 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.11049 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.11050 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Reservation of the Upper Skagit Indian
Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
[[Page 11800]]
Secs. 49.11051-49.11070 [Reserved]
42. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.11071 through 49.11080 to read as follows:
Implementation Plan for the Confederated Tribes of the Warm Springs
Reservation of Oregon
Sec. 49.11071 Identification of plan.
This section and Secs. 49.11072 through 49.11100 contain the
implementation plan for the Confederated Tribes of the Warm Springs
Reservation. This plan consists of a combination of Tribal rules and
measures and Federal regulations and measures which apply within the
Warm Springs Reservation.
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 Legal authority. [Reserved]
Sec. 49.11074 Source surveillance. [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 human health
and 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.
Sec. 49.11077 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.11078 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.11079 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in accordance with the requirements of Sec. 49.139.
Sec. 49.11080 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Warm Springs Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.11081-49.11100 [Reserved]
43. Subpart M of Part 49 is amended by adding an undesignated
center heading and Secs. 49.11101 through 49.11110 to read as follows:
Implementation Plan for the Confederated Tribes and Bands of the
Yakama Indian Nation of the Yakama Reservation, Washington
Sec. 49.11101 Identification of plan.
This section and Secs. 49.11102 through 49.11130 contain the
implementation plan for the Confederated Tribes and Bands of the Yakama
Indian Nation. This plan consists of a combination of Tribal rules and
measures and 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 Legal authority. [Reserved]
Sec. 49.11104 Source surveillance. [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
Ozone................................... IIII
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 49.135 Rule for emissions detrimental to human health
and 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.
Sec. 49.11107 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.11108 Permits to construct.
Permits to construct are required for new major stationary sources
and major modifications to existing major stationary sources pursuant
to 40 CFR 52.21.
Sec. 49.11109 Permits to operate.
Permits to operate are required for sources not subject to 40 CFR
Part 71 in
[[Page 11801]]
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 49.135 Rule for emissions detrimental to human health
and 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.
Secs. 49.11111-49.11130 [Reserved]
Secs. 49.11131-49.17810 [Reserved]
44. Subpart M of Part 49 is amended by revising the ``Appendix to
Subpart M--Alphabetical Listing of Tribes and Corresponding Sections''
to read as follows:
Appendix to Subpart M--Alphabetical Listing of Tribes and Corresponding
Sections
------------------------------------------------------------------------
Refer to the following sections in
Indian tribe subpart M
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Burns Paiute Tribe of the Burns Secs. 49.9861 to 49.9890
Paiute Indian Colony of Oregon.
Chehalis Reservation, Secs. 49.9891 to 49.9920
Washington--Confederated
Tribes of the.
Coeur d'Alene Tribe of the Secs. 49.9921 to 49.9950
Coeur D'Alene Reservation,
Idaho.
Colville Reservation, Secs. 49.9951 to 49.9980
Washington--Confederated
Tribes of the.
Coos, Lower Umpqua and Siuslaw Secs. 49.9981 to 49.10010
Indians of Oregon--
Confederated Tribes of the.
Coquille Tribe of Oregon....... Secs. 49.10011 to 49.10040
Cow Creek Band of Umpqua Secs. 49.10041 to 49.10100
Indians of Oregon.
Grand Ronde Community of Secs. 49.10101 to 49.10130
Oregon--Confederated Tribes of
the.
Hoh Indian Tribe of the Hoh Secs. 49.10131 to 49.10160
Indian Reservation, Washington.
Jamestown S'Klallam Tribe of Secs. 49.10161 to 49.10190
Washington.
Kalispel Indian Community of Secs. 49.10191 to 49.10220
the Kalispel Reservation,
Washington.
Klamath Indian Tribe of Oregon. Secs. 49.10221 to 49.10250
Kootenai Tribe of Idaho........ Secs. 49.10251 to 49.10280
Lower Elwha Tribal Community of Secs. 49.10281 to 49.10310
the Lower Elwha Reservation,
Washington.
Lummi Tribe of the Lummi Secs. 49.10311 to 49.10340
Reservation, Washington.
Makah Indian Tribe of the Makah Secs. 49.10341 to 49.10370
Indian Reservation, Washington.
Muckleshoot Indian Tribe of the Secs. 49.10371 to 49.10400
Muckleshoot Reservation,
Washington.
Nez Perce Tribe of Idaho....... Secs. 49.10401 to 49.10430
Nisqually Indian Tribe of the Secs. 49.10431 to 49.10460
Nisqually Reservation,
Washington.
Nooksack Indian Tribe of Secs. 49.10461 to 49.10490
Washington.
Port Gamble Indian Community of Secs. 49.10491 to 49.10520
the Port Gamble Reservation,
Washington.
Puyallup Tribe of the Puyallup Secs. 49.10521 to 49.10550
Reservation, Washington.
Quileute Tribe of the Quileute Secs. 49.10551 to 49.10580
Reservation, Washington.
Quinault Tribe of the Quinault Secs. 49.10581 to 49.10640
Reservation, Washington.
Sauk-Suiattle Indian Tribe of Secs. 49.10641 to 49.10670
Washington.
Shoalwater Bay Tribe of the Secs. 49.10671 to 49.10700
Shoalwater Bay Indian
Reservation, Washington.
Shoshone-Bannock Tribes of the Secs. 49.10701 to 49.10730
Fort Hall Indian Reservation
of Idaho.
Siletz Reservation, Oregon-- Secs. 49.10731 to 49.10760
Confederated Tribes of the.
Skokomish Indian Tribe of the Secs. 49.10761 to 49.10820
Skokomish Reservation,
Washington.
Spokane Tribe of the Spokane Secs. 49.10821 to 49.10850
Reservation, Washington.
Squaxin Island Tribe of the Secs. 49.10851 to 49.10880
Squaxin Island Reservation,
Washington.
Stillaguamish Tribe of Secs. 49.10881 to 49.10920
Washington.
Suquamish Indian Tribe of the Secs. 49.10921 to 49.10950
Port Madison Reservation,
Washington.
Swinomish Indians of the Secs. 49.10951 to 49.10980
Swinomish Reservation,
Washington.
Tulalip Tribes of the Tulalip Secs. 49.10981 to 49.11010
Reservation, Washington.
Umatilla Reservation, Oregon-- Secs. 49.11011 to 49.11040
Confederated Tribes of the.
Upper Skagit Indian Tribe of Secs. 49.11041 to 49.11070
Washington.
Warm Springs Reservation of Secs. 49.11071 to 49.11100
Oregon--Confederated Tribes of
the.
Yakama Indian Nation of the Secs. 49.11101 to 49.11130
Yakama Reservation,
Washington--Confederated
Tribes and Bands of the.
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[FR Doc. 02-4140 Filed 3-14-02; 8:45 am]
BILLING CODE 6560-50-P