[Federal Register Volume 70, Number 67 (Friday, April 8, 2005)]
[Rules and Regulations]
[Pages 18074-18134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6367]
[[Page 18073]]
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Part II
Environmental Protection Agency
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40 CFR Parts 9 and 49
Federal Implementation Plans Under the Clean Air Act for Indian
Reservations in Idaho, Oregon and Washington; Final Rule
Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Rules
and Regulations
[[Page 18074]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 49
[Docket No: OAR-2004-0067; FRL-7893-8]
RIN 2012-AA01
Federal Implementation Plans Under the Clean Air Act for Indian
Reservations in Idaho, Oregon and Washington
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action on these Federal Implementation Plans (FIPs) under the Clean Air
Act (CAA) for Indian reservations in Idaho, Oregon, and Washington. The
FIPs put in place basic air quality regulations to protect health and
welfare on Indian reservations located in the Pacific Northwest.
DATES: This regulation is effective June 7, 2005. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of June 7, 2005.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. OAR-2004-0067. All documents in the docket are listed in the
EDOCKET index at http://www.epa.gov/edocket. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
EDOCKET or in hard copy at the EPA Air and Radiation Docket and
Information Center, located at 1301 Constitution Avenue, NW., Room
B102, Mail Code 6102T, Washington, D.C. 20004 (mailing address is 1200
Pennsylvania Avenue, NW., Mail Code 6102T, Washington, D.C. 20460). The
EPA Air and Radiation Docket and Information Center is open from 8:30
a.m. to 4:30 p.m. Eastern Time, Monday through Friday, excluding legal
holidays. The phone number for the Docket's Public Reading Room is
(202) 566-1744. The docket is also available for public inspection and
copying at the EPA Region 10 office, Office of Air, Waste, and Toxics,
10th Floor, 1200 Sixth Avenue, Seattle, Washington 98101, between 8:30
a.m. and 3:30 p.m. Pacific Time, Monday through Friday, excluding legal
holidays. EPA Region 10 requests that, if at all possible, you contact
the person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. A reasonable fee may be charged for copies.
FOR FURTHER INFORMATION CONTACT: David Bray, Office of Air, Waste and
Toxics (AWT-107), U.S. EPA Region 10, 1200 Sixth Avenue, Seattle, WA
98101-1128, (206) 553-4253, or e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background of the Final Rules
II. Major Issues Raised by Commenters
A. EPA's Authority under the CAA
B. Open Burning Rule
C. Economic Impacts
D. Delegation of Authority to Tribes
E. Public Participation in the Rulemaking
F. Implementation of the Rules
G. Applicability of the Rules to Specific Source Categories
III. Summary of the Final Rules and Significant Changes from the
March 2002 Proposal
IV. Statutory and Executive Order Reviews
I. Background of the Final Rules
On March 15, 2002, the Environmental Protection Agency (EPA,
Agency, or we) proposed to establish Federal Implementation Plans
(FIPs) under the Clean Air Act (CAA or Act) (42 U.S.C. 7401 to 7671q)
for 39 Indian reservations in Idaho, Oregon, and Washington. 67 FR
11748-11801, March 15, 2002 and 67 FR 51802-51803, August 9, 2002. EPA
stated that the proposed rules would be an important step in ensuring
that basic air quality protection is in place to protect health and
welfare on Indian reservations located in the Pacific Northwest. The
proposal was widely publicized, and residents of the reservations, as
well as affected Tribes, local governments, and States commented on the
proposed rules. During the comment period that ended on October 10,
2002, EPA also held a public hearing in Toppenish, Washington on
September 10, 2002. We received 155 written comments during the comment
period and 28 people provided oral testimony at the public hearing.
Today's Federal Register action announces EPA's final action on all of
the proposed regulations, except for Sec. 49.136 Rule for emissions
detrimental to persons, property, cultural or traditional resources. We
have not made a final determination on the proposed Sec. 49.136.
In promulgating today's rules, EPA is exercising its discretionary
authority under sections 301(a) and 301(d)(4) of the CAA to promulgate
such implementation plan provisions as are necessary or appropriate to
protect air quality within the Indian reservations that are
specifically identified in 40 CFR part 49, subpart M Implementation
Plans for Tribes--Region X.
After evaluating air quality issues for the Indian reservations in
Idaho, Oregon, and Washington, EPA continues to be concerned that there
is a gap in air quality requirements in these areas under the CAA. Many
Tribes in the Region are in the process of developing air quality
management programs under the CAA; however, as of December 2004, no
Tribe in Region 10 has submitted Tribal regulations for EPA approval as
a Tribal Implementation Plan (TIP). Furthermore, States generally lack
the authority to regulate air quality in Indian country. EPA is
promulgating these rules today because we have concluded that they are
appropriate for protecting air quality on Indian reservations in the
Pacific Northwest. The rules will apply to any person who owns or
operates an air pollution source within the exterior boundaries of an
Indian reservation in Idaho, Oregon, or Washington, as set forth in 40
CFR part 49, subpart M.
The gap-filling rules EPA proposed in March 2002 were generally
based upon the aspects of neighboring State and local rules most
relevant to the air polluting activities on reservations in the Pacific
Northwest, and follow a level of control of a typical air quality
control program. EPA does not intend, nor does it expect, these gap-
filling regulations to impose significantly different regulatory
burdens upon industry or residents within reservations than those
imposed by the rules of State and local air agencies in the surrounding
areas. As a general matter, these regulations are not as restrictive as
the most stringent State and local rules for the same class of sources
or activities; likewise, they are not as lenient as the least stringent
of the State and local rules. Included in the docket for the proposed
rulemaking were copies of all the State and local rules that EPA
considered in this process, as well as a technical support document
with summary tables showing the State and local agency levels of
control as compared with the proposed regulations and a description of
why EPA believed the proposed rules were appropriate.
During the comment period, a number of Tribal governments, the
States of Idaho, Oregon, and Washington, and many local air agencies in
Washington submitted comments supporting the rules proposed by EPA and
offered suggestions for improving the proposed rules. These commenters
urged EPA to finalize the rules. Several Tribes also
[[Page 18075]]
urged EPA to continue assisting Tribes to build and implement their air
quality management programs that will operate in coordination with
EPA's rules.
A number of comments were submitted that objected to the proposal
generally or to particular provisions, EPA's reasons for proposing the
rules, or how the proposal was developed. As discussed in detail below,
many commenters objected to the rules because they misunderstood the
proposal as authorizing Tribal governments to regulate the activities
of nonmembers of the Tribe on privately deeded land within the
reservation. Many of those commenters also disagreed with EPA that
there is a regulatory gap under the CAA on Indian reservations. The
commenters asserted that nonmember reservation residents and their
private property within a reservation are under State jurisdiction, and
that the proposed rules usurp the rights of State and local air
authorities to manage, control, and enforce air quality requirements on
non-trust parcels within the exterior boundaries of the reservation.
Several comments criticized EPA for failing to follow its own public
participation requirements for early involvement prior to publishing
the proposed rules. In addition, EPA was criticized for consulting with
Tribal governments for a number of years during the development of the
proposed rules, but not providing adequate time for local governments
to participate.
The proposal to regulate open burning drew many comments. While the
commenters generally supported EPA's proposal to regulate open burning,
there was a great deal of concern about the proposal to allow the
burning of combustible household wastes in burn barrels. A number of
commenters also misunderstood the proposal as banning agricultural
field burning and wrote about the economic importance of field burning
to the agricultural community.
Commenters also wrote that EPA should ensure it has adequate
resources, both personnel and financial, to support implementation of
the rules. Several Tribes urged EPA to provide sufficient resources for
implementation, such as for responding to complaints and taking
enforcement actions where there are violations of the rules. As
mentioned above, Tribes also want EPA to continue to support capacity
building by Tribes for Tribal air programs and to provide adequate
resources so the Tribes can assist EPA in administering the rules.
After evaluating all the comments that were received, EPA is moving
forward with final rules for the 39 reservations. In these final rules,
also referred to as the Federal Air Rules for Indian Reservations in
Idaho, Oregon, and Washington (FARR), we are making certain
modifications that reflect what EPA has learned from the extensive
information provided by commenters and from consultation with the
affected Tribal governments. This preamble to the final rules responds
to the major issues raised by commenters and describes the final rules
and significant changes from the proposal. All other comments are
addressed in a document entitled ``Response to Comments'' that can be
found in the docket for this rulemaking cited above.
II. Major Issues Raised by Commenters
A. EPA's Authority Under the CAA
Several commenters wrote that the new Federal rules would duplicate
State and local government rules, and therefore subject sources to
another set of regulations for the same activity. Some commenters wrote
that EPA has erroneously determined that the State of Washington does
not have authority to administer environmental laws for non-trust lands
in the State under an approved program. Other commenters wrote that EPA
has not properly determined that the State does not have such
jurisdiction as required, in their view, by State of Michigan v. EPA,
268 F.3d 1075 (D.C. Cir. 2001). A State environmental agency disagreed
with EPA's position that States generally lack the authority to
regulate air quality in Indian country, and cited section 116 of the
CAA as specifically preserving State law from preemption with respect
to air emission standards. Commenters expressed a variety of other
views as to why they believe States, not the Federal government, have
jurisdiction for air quality programs in Indian country. One commenter
wrote that Congress has given too much power to EPA, and that EPA has
exceeded its delegation of responsibility. One citizen stated that the
regulatory gap referred to in the proposed rules is a jurisdictional
gap created by EPA, and that EPA has redefined a reservation to include
all properties, regardless of their ownership. The commenter stated
that such a gap does not exist, and that nonmember residents and their
private property within a reservation are regulated by applicable State
and county authorities in charge of air quality. Some commenters also
expressed concern that EPA would extend the Federal regulatory program
to include areas in an airshed that lie outside of the reservation
boundaries. One commenter also asked EPA to describe how it will
determine the reservation status of a source and whether there is a
question of the Indian country status of the source.
Several commenters wrote that EPA has exceeded its authority by
establishing emission limitations that are not required in order to
meet National Ambient Air Quality Standards (NAAQS). These commenters
asserted that the CAA authorizes EPA regulations only if needed to meet
or attain the NAAQS, and then only at levels justified to achieve
health-based measures. These commenters assert that the CAA does not
provide authority to regulate sources in an attainment area. An
industry commenter also stated that the rules to protect air quality
from the potential for significant deterioration caused by particulate
matter (such as Sec. Sec. 49.124, 49.125, 49.126, and 49.128) and
rules for protecting air quality from the potential for significant
deterioration caused by sulfur dioxide release (Sec. Sec. 49.129 and
49.130) appear to conflict with the CAA's regulatory scheme for
stationary sources because EPA has not clearly characterized the state
of air quality, as measured by the NAAQS, in the areas subject to the
rules. This commenter and a number of others also questioned how EPA
determined the stringency of the proposed emission limitations, with
some commenters stating that the requirements should be more stringent,
other commenters stating that the requirements should be less
stringent, and some noting that the levels appear to be arbitrary.
A local government agency commented that instead of adopting
Federal requirements, EPA should use the process of approving Tribes
for ``treatment in the same manner as a State'' (commonly referred to
as ``TAS''), set forth in the CAA. One commenter stated that EPA should
ensure that the proposed rules do not circumvent the TAS process as the
method for approving Tribes to administer programs under the CAA.
Other commenters criticized EPA for not establishing milestones to
implement CAA provisions as soon as practicable, since States and
delegated local air agencies must do so. These commenters also
criticized EPA for not establishing schedules for implementation, as
States are required to do under the CAA.
EPA Response. In the final rule entitled ``Indian Tribes: Air
Quality Planning and Management,'' generally referred to as the
``Tribal Authority Rule'' or ``TAR,'' EPA explains that it intends to
use its authority under the CAA ``to protect air quality throughout
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Indian country\1\'' by directly implementing the CAA's requirements
where Tribes have chosen not to develop or are not implementing a CAA
program. 63 FR 7254, February 12, 1998. The final TAR at 40 CFR 49.11
states that EPA would ``promulgate without unreasonable delay such
Federal implementation plan provisions as are necessary or appropriate
to protect air quality'' for these areas. EPA is exercising its
authority under sections 301(a) and 301(d)(4) of the CAA and 40 CFR
49.11(a) to promulgate FIPs in order to remedy an existing regulatory
gap under the CAA with respect to Indian reservations located in Idaho,
Oregon, and Washington. Although many facilities in these areas may
have historically followed State and local government air quality
programs, with only one exception, EPA has never approved those
governments to exercise regulatory authority under the CAA on any
Indian reservations.\2\ Since the CAA was amended in 1990, EPA has been
clear in its approvals of State programs that the approved State
program does not extend into Indian country. It is EPA's position that,
absent an explicit finding of jurisdiction and approval in Indian
country, State and local governments lack authority under the CAA over
air pollution sources, and the owners or operators of air pollution
sources, throughout Indian country. Given the longstanding air quality
concerns in some areas and the need to establish requirements in all
areas to maintain CAA standards, EPA believes that these FIP provisions
are appropriate to protect air quality on the identified reservations.
The rules published today are based on the same CAA authority as EPA
has used elsewhere in rulemaking that has been affirmed by the courts.
As described below in II.D, EPA's interpretation of its authority has
been affirmed by the U.S. Court of Appeals for the District of Columbia
Circuit in Arizona Public Service Co. v. EPA, 211 F.3d 1280 (D.C. Cir.
2000), cert. denied 121 S. Ct. 1600 (2001). In addition, EPA's
authority to issue operating permits to major stationary sources
located in Indian country under Title V of the Act, pursuant to
regulations at 40 CFR part 71, was affirmed in State of Michigan v.
EPA, 268 F.3d 1075 (D.C. Cir. 2001). EPA has used this same authority
to issue a number of FIPs to address air pollution concerns at specific
facilities located in Indian country. See Federal Implementation Plan
for Tri-Cities landfill, Salt River Pima-Maricopa Indian Community, 40
CFR 49.22 (64 FR 65663, November 23, 1999) and Federal Implementation
Plan for the Astaris-Idaho LLC Facility (formerly owned by FMC
Corporation) in the Fort Hall PM10 Nonattainment Area, 40 CFR 49.10711
(65 FR 51412, August 23, 2000).
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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
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. Under this definition, EPA treats
as reservations trust lands validly set aside for the use of a Tribe
even if the trust lands have not been formally designated as a
reservation.
\2\ For purposes of approving the Washington Department of
Ecology (WDOE) operating permits program under 40 CFR part 70, EPA
explicitly found that WDOE demonstrated that the Washington Indian
(Puyallup) Land Claims Settlement Act, 25 U.S.C. 1773, gives
explicit authority to State and local governments to administer
their environmental laws on all non-trust lands within the 1873
Survey Area of the Puyallup Reservation in Tacoma, Washington.
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Effects of State Law. The rules established by EPA here are in
effect under the CAA. EPA recognizes that in a few cases, other
governmental entities may have established air quality or fire safety
requirements that the commenters believe apply to them for the same
activity. However, unless those rules or requirements have been
approved by EPA under the CAA to apply on Indian reservations,
compliance with those other requirements does not relieve a source from
complying with the applicable FARR. As EPA has stated elsewhere, States
generally lack the authority to regulate air quality in Indian country.
See Alaska v. Native Village of Venetie Tribal Government, 522 U.S.
520, 527 fn.1 (1998) (``Generally speaking, primary jurisdiction over
land that is Indian country rests with the Federal Government and the
Indian Tribe inhabiting it, and not with the States.''), 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); see also
discussion in EPA's final rule for the Federal operating permits
program, 64 FR 8251-8255, February 19, 1999. Furthermore, EPA
interprets the CAA as establishing unitary management of reservation
air resources and as a delegation of Federal authority to eligible
Tribes to implement the CAA over all sources within reservations,
including non-Indian sources on fee lands. Accordingly, even if a State
could demonstrate authority over non-Indian sources on fee lands, EPA
believes that the CAA generally provides the Agency the discretion to
Federally implement the CAA over all reservation sources in order to
ensure an efficient and effective transition to Tribal CAA programs and
to avoid the administratively undesirable checkerboarding of
reservation air quality management based on land ownership. EPA
believes that Congress intended that EPA take a territorial view of
implementing air programs within reservations. EPA believes that air
quality planning for a checkerboarded area would be more difficult and
that it would be inefficient if a State were to exercise regulation
over piecemeal tracts of land within a reservation, possibly with
similar reservation sources being subject to different substantive
requirements. EPA's approach provides for coherent and consistent
environmental regulation within reservations.
Although EPA does not recognize State or local air regulations as
being effective within Indian country for purposes of the CAA, absent
an express approval by EPA of those regulations for an area of Indian
country, today's rulemaking does not address the validity of State and
local law and regulations with respect to sources in Indian country, or
the authority of State and local agencies to regulate such sources, for
purposes other than the Federal CAA. We are specifically not making a
determination that these Federal CAA rules override or preempt any
other laws that have been established. For example, in the area of open
burning, EPA recognizes that some Federal, State, local, and Tribal
agencies may have established requirements covering topics such as
solid waste management and fire safety in addition to air quality
management. The general open burning rule at Sec. 49.131 specifically
provides that nothing in the rule exempts or excuses any person from
complying with the applicable laws and ordinances of other governmental
jurisdictions.
Application of the FARR to Sources within the Exterior Boundaries
of Reservations. Since these rules will apply only to sources located
within the boundaries of the specified Indian reservations, EPA
believes it will be relatively easy for a source or activity located on
an Indian reservation to determine whether it is subject to the
provisions of the rules that are included in the implementation plan
for that reservation in 40 CFR part 49, subpart M. The rules adopted
here do not apply directly to sources located outside these
reservations. A source that is uncertain regarding the applicability of
a rule may submit a written request to EPA for an applicability
determination. In
[[Page 18077]]
response, EPA will issue a written determination stating whether the
source or activity is subject to a particular Federal air quality rule.
In most cases, determining whether the source or activity is on an
Indian reservation will be straightforward and non-controversial. For
example, in most cases EPA and the source will be able to easily
determine whether a source is located within the exterior boundaries of
a reservation, including Tribal trust lands. If a source is located on
land within the exterior boundaries of an Indian reservation recognized
by the Department of the Interior, that source will be subject to the
FIP established for that reservation notwithstanding the ownership
status of the land.\3\ EPA will not consider the status of an area to
be in question if it is clearly within the boundaries of an Indian
reservation.\4\ In the rarer, more complex factual cases, EPA will, as
appropriate, work with the U.S. Department of the Interior, Tribes, and
stakeholders to assess the reservation status of the location. After
EPA has reviewed the relevant materials, the Agency will send a letter
to the source stating EPA's determination of whether the source is
located within the boundaries of a reservation. Such sources or
activities located on Indian reservations will be expected to comply
with the applicable requirements of these FIPs.
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\3\ Section 301(d)(2)(B) of the Act, 42 U.S.C. 7601(d)(2)(B),
refers to management and protection of resources within the exterior
boundaries of the reservation; section 110(o) of the Act, 42 U.S.C.
7410(o), states: ``When such [implementation] plan becomes effective
in accordance with the regulations promulgated under section 7601(d)
of this title, the plan shall become applicable to all areas (except
as expressly provided otherwise in the plan) located within the
exterior boundaries of the reservation, notwithstanding the issuance
of any patent and including rights-of-way running through the
reservation.''
\4\ Since the rules promulgated today pursuant to Subchapter III
of the Act apply only to sources within the boundaries of the
specified Indian reservations, which are clearly Indian country
under 18 U.S.C. 1151 and the CAA, these rules are consistent with
the decision in State of Michigan v. EPA, 268 F.3d 1075 (D.C.
Cir.2001).
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EPA's Approach. EPA's intention is to promulgate Federal
regulations that are an important initial step to fill the regulatory
gap on Indian reservations in Idaho, Oregon, and Washington. However,
EPA does not intend, nor does it expect, these gap-filling regulations
to impose significantly different regulatory burdens upon industry or
residents within reservations than those imposed by the rules of State
and local air agencies in the surrounding areas. This approach is
intended to formally ``level the playing field.'' In other words, the
intent of these rules is to provide people living within reservation
boundaries with air quality protection similar to surrounding areas,
and to require that emissions from sources located within reservations
are controlled to levels similar to those of sources located outside
the reservations. EPA believes that in light of the particular air
quality problems generally present on reservations in the Pacific
Northwest and based on our expertise in this area, it is appropriate to
establish each of the air quality rules for each reservation that are
promulgated today.
These gap-filling rules are generally based upon the aspects of
State and local rules most relevant to the air-polluting activities on
reservations in the Pacific Northwest, and reflect a level of control
of a typical air quality control program. As a general matter, these
regulations are not as restrictive as the most stringent State and
local rules for the same class of sources or activities; likewise, they
are not as lenient as the least stringent of the State and local rules.
EPA has used its best professional judgment to determine limits that
provide protection where none existed yet are similar enough to
adjacent rules so as to not create hardships for industry, Tribes, or
the general public. In some areas a particular rule is more or less
stringent than a rule in areas directly adjacent to the reservation,
but on the whole, we believe these rules are roughly equivalent to the
rules in surrounding jurisdictions.
EPA's final rules published here address clearly identified air
pollution concerns of the Pacific Northwest Indian reservations based
on information gathered in a number of ways, including review of State
and local air agency implementation plans, as discussed in the
proposal. EPA believes that it is appropriate to focus initially on the
sources in Region 10 that have been identified as ones that may cause
or contribute to prevalent air quality problems on reservations and in
shared airsheds of the Pacific Northwest. Aside from existing national
emissions standards and Federal requirements described elsewhere, these
FIPs are the first building blocks under the CAA to address such
emissions.
EPA Authority for these FIPs. As described below, EPA disagrees
that its authority under the CAA is limited to regulate sources only as
proven necessary to attain or maintain the NAAQS and also disagrees
with the commenters' position that the Prevention of Significant
Deterioration (PSD) authority of section 165 of the Act only applies to
new major sources. EPA believes it has ample authority under the CAA to
regulate air pollutants that may pose a threat to human health and the
environment.
While the authority for EPA to establish these Federal rules for
Indian reservations comes primarily from section 301(d) of the CAA, the
Agency will look to all of its CAA authorities when establishing
requirements that apply to both criteria and non-criteria pollutants.
The primary guide for evaluating the scope of implementation plans is
found in section 110 of the CAA. Section 110(a)(1) of the CAA is the
basis for authority to establish implementation plan requirements that
provide for the maintenance of a primary or secondary NAAQS; however,
the CAA also provides authority to establish requirements for
pollutants where a NAAQS has not been established. For example, the
emergency power authority required by section 110(a)(2)(G) provides
authority to establish requirements for pollutants where a pollution
source or combination of sources is presenting an imminent and
substantial endangerment to public health or welfare or the
environment, without regard to whether a pollutant is regulated by a
NAAQS. Under the authority of section 110 and part C of the CAA, EPA is
authorized to establish requirements for regulated air pollutants for
which EPA has not promulgated standards under section 109. There are
also several other applicable authorities in part C of the CAA, which
addresses PSD. Section 160(1) of the CAA authorizes EPA ``to protect
public health and welfare from any actual or potential adverse effect
which in the Administrator's judgment may be reasonably anticipate[d]
to occur from air pollution or from exposures to pollutants in other
media * * * notwithstanding attainment and maintenance of all national
ambient air quality standards.'' Section 161 of the CAA states that
each applicable implementation plan will contain ``emission limitations
and such other measures as may be necessary * * * to prevent
significant deterioration of air quality'' in attainment or
unclassifiable areas. Section 110(a)(2)(D) states that each
implementation plan should contain provisions prohibiting ``any source
or other type of emissions activity within the State from emitting any
air pollutant in amounts'' which will interfere with measures required
under a part C implementation plan ``to prevent significant
deterioration of air quality or protect visibility.'' These provisions
of the CAA authorize EPA to establish permit conditions and other
requirements to regulate activities that emit pollutants, even where
pollutant
[[Page 18078]]
levels in the ambient air are below the NAAQS for criteria pollutants
in attainment or unclassifiable areas. The FIPs issued by EPA also can
rely on other authorities in the CAA to regulate and obtain information
about sources of pollutants other than NAAQS pollutants, such as our
authority to require reporting and recordkeeping under section 114 of
the CAA. EPA believes its authority to promulgate these rules under the
CAA is clear and consistent with its previous rules promulgated
pursuant to section 301(d) that were upheld by applicable courts of the
United States.
The rules established here neither affect a Tribe's eligibility for
TAS nor change EPA's rules establishing the TAS process. EPA is
promulgating these gap-filling rules for Indian reservations in Idaho,
Oregon, and Washington after consulting with the affected Tribes about
air quality issues they face. These rules, as described elsewhere, are
intended to fill the gap in current regulations until such time as
individual Tribes develop and implement approved TIPs.
Implementation Schedule. With regard to the comment on
implementation schedules, EPA thoroughly discussed in the final TAR
rulemaking (63 FR 7265) how it is meeting the deadlines established in
section 110 of the CAA. EPA has interpreted the CAA as offering
flexibility to Tribes regarding the time needed to establish a CAA
program, and the CAA does not compel Tribes to establish a CAA program.
Therefore, EPA determined that it would be infeasible and inappropriate
to subject Tribes to the mandatory submittal deadlines imposed by the
Act on States. However, the TAR includes a specific obligation at Sec.
49.11 to establish a FIP to protect air quality within a reasonable
time as necessary or appropriate if Tribal efforts do not result in
adoption and approval of Tribal plans or programs. Thus, EPA will
continue to be subject to the basic requirement to issue any necessary
or appropriate FIP for affected Tribal areas within a reasonable time.
Section 116 of the Act. EPA believes that Federal implementation of
the Act does not conflict with CAA section 116. Section 116 does not
extend State jurisdiction into Indian country. Instead, section 116
provides that the CAA does not preclude or deny the right of any State
to adopt or enforce any standard or limitation respecting emissions of
air pollutants or any requirement respecting control or abatement of
air pollution. As EPA wrote in the final rule establishing the Federal
Operating Permits Rule at 40 CFR part 71 (64 FR 8247, 8252, February
19, 1999), section 116 reserves to the States the right to set State
emission standards and limitations that are more stringent than and/or
in addition to Federal requirements. Section 116 does not preclude EPA
from implementing CAA programs. For purposes of this rulemaking, EPA
does not believe it is necessary to resolve whether States are
precluded from regulating air resources in Indian country solely under
color of State law or whether the reservation of rights embodied in
section 116 extends to any area of Indian country.
B. Open Burning Rule
The proposal to regulate open burning drew many comments. The most
significant topic of concern was the proposed provision that would
allow the burning of household wastes in burn barrels. Commenters were
concerned about the health and fire safety risks posed by unregulated
open burning of waste materials, especially for susceptible populations
such as people with asthma, children, and the elderly. A wide variety
of commenters questioned the exemption for burning household wastes in
burn barrels, since such use is already prohibited by many State and
local air quality, waste disposal, or fire safety rules or
requirements.
EPA Response: EPA received many comments with compelling
information about the threats to human health that can result from open
burning, especially from burning garbage in burn barrels. In addition
to the numerous comments that objected to allowing the burning of
household wastes in burn barrels, EPA has learned of many efforts to
stop backyard burning, especially in residential areas. EPA's Office of
Solid Waste is implementing a national program to encourage the use of
alternatives to open burning, and the State of Washington is attempting
to eliminate all outdoor burning.
Based on these comments and other information, EPA is revising the
final open burning rule to eliminate the exemption for burning
combustible household wastes in burn barrels at single-family
residences or residential buildings of four or fewer dwelling units.
EPA recognizes that the use of burning to dispose of household wastes
is disfavored by a wide variety of government agencies, and many
residents of reservations spoke out against this practice.
The proposed exemption allowed the burning of combustible household
wastes, including garbage, plastic containers, paper, paper products,
cardboard, and other materials resulting from general residential
activities. The only element of the proposed exemption that EPA is
retaining in the final rule is to allow for open burning on-site of
paper, paper products, and cardboard that are generated by single-
family residences or residential buildings with four or fewer dwelling
units. EPA proposed to allow the burning of household wastes in burn
barrels based on our understanding that solid waste handling
alternatives were not readily available to all persons living on
reservations. A reservation solid waste survey conducted in 1997
(Reservation Solid Waste Survey, The Northwest Renewable Resource
Center, ed. John M. Kliem) indicated that two-thirds of Tribal
governments in Idaho, Oregon, and Washington do not have solid waste
management programs and many reservations do not have garbage pickup
service. Further, several Tribes confirmed during consultation that
alternatives to residential burning were not readily available to all
persons on their reservations. However EPA heard from other commenters
that many reservations have access to garbage collection services. We
have insufficient information to conclude that solid waste handling
alternatives are readily available on all reservations. Therefore,
while we are eliminating the exemption for burning combustible
household wastes in burn barrels due to the health effects and other
environmental and safety concerns, EPA believes, on balance, that it is
not appropriate to completely prohibit the outdoor burning of paper,
paper products, and cardboard at this time.
Under today's final rule outdoor burning cannot be used to dispose
of garbage, plastics, or plastic products, including plastic containers
and styrofoam. It should be noted that the removal of the proposed
exemption for burning household wastes in burn barrels does not mean
that all burning in burn barrels is prohibited by this rule. Under this
rule, burn barrels may be used to dispose of materials that are allowed
to be open burned, such as tree trimmings, yard waste, and paper
generated by a single-family residence. EPA emphasizes that open
burning must also comply with any fire safety codes or other applicable
regulations that may also govern outdoor burning and the use of burn
barrels.
EPA recognizes that removing the exemption from the final rule may
mean that some reservation residents who currently dispose of household
wastes by burning may not be in compliance with the rule. As with the
other rules being published today, EPA's initial
[[Page 18079]]
focus on compliance assurance work will be in the form of assistance,
outreach, and education that will inform affected individuals and
organizations of the new rules and the adverse health effects of
burning. We intend to work with Tribal and local governments to
identify alternatives to open burning and plan to use a variety of
tools to monitor and respond to violations of the general open burning
rule. EPA's approach for implementation of the FARR is described in
section II.F.
Through outreach and education, it is EPA's goal to eliminate open
burning disposal practices where alternative methods are feasible and
practicable, to encourage the development of alternative disposal
methods, to emphasize resource recovery, and to encourage utilization
of the highest and best practicable burning methods to minimize
emissions where other disposal practices are not feasible. EPA strongly
supports Tribes, States, and other entities in continuing efforts to
reduce open burning in their jurisdictions and generally encourages
alternate methods for disposing of waste. EPA is working with both
Tribes and States to enhance the awareness of the health concerns of
open burning and facilitate the use of alternate disposal methods
through outreach and recycling programs.
EPA is still concerned about the health effects of even limited
outdoor burning. Therefore, we intend to continue to evaluate our
approach as we gain experience implementing the rules published today,
and consider whether outdoor burning should be further limited or
completely banned in the future. We are interested in input regarding
whether we should consider additional separate rulemaking to ban all
outdoor burning on reservations, or only allow limited open burning
where garbage pickup or recycling is not reasonably available.
C. Economic Impacts
In response to EPA's request in the proposal for information about
the assumptions EPA used to estimate the economic impacts of the rules,
a number of commenters wrote that the proposed rules may have an
economic effect on the agricultural sector and could affect business
development on reservations. A number of farmers and organizations that
represent the farming community expressed concern that the proposed
rules will establish requirements to eliminate field burning. The
comments described the value of the agricultural sector within specific
reservations, and expressed concern that the proposed rules in general
would hinder the farmers' ability to use their land to make a living
and also diminish the value of their land. Many of those commenters and
several local governments were concerned that if the rules authorize
Tribal governments to regulate nonmember residents of a particular
reservation, the jurisdictional issues that arise from these rules
would have a negative impact on businesses in the affected areas. The
commenters were worried that jurisdictional conflicts could inhibit new
business and industry from locating on property subject to Tribal air
quality control and drive businesses out of the affected areas.
However, no commenters provided any specific information about the
potential economic impacts of the proposed rules.
EPA Response. The commenters in the agricultural community who
expressed concern that the rules as proposed would cause economic
disruption by eliminating field burning appear to have misunderstood
the proposal. EPA did not propose a ban on agricultural field burning,
and these final rules do not establish any ban on field burning. The
rule for general open burning at Sec. 49.131 prohibits certain
materials from being openly burned, but does not prohibit agricultural
burning. On the Nez Perce Reservation and Umatilla Indian Reservation,
in addition to the general open burning rule, EPA is establishing a
rule for agricultural burning permits at Sec. 49.133 that requires
farmers to obtain approval of a permit from EPA before conducting an
agricultural burn. Currently, EPA and the Nez Perce Tribe have
established an intergovernmental agreement with the Idaho State
Department of Agriculture and the Idaho Department of Environmental
Quality that provides for a coordinated management of agricultural
burning activities in the Clearwater Airshed; if necessary, the
agreement will be modified to reflect the role of these rules. EPA
expects to establish a similar intergovernmental agreement with the
Confederated Tribes of the Umatilla Indian Reservation. Additionally,
the requirements in the FIPs for agricultural burning permits and open
burning are similar to requirements in surrounding jurisdictions.
As discussed elsewhere, a number of commenters misunderstood the
proposed rules as providing authority to Tribal governments over
nonmembers. The commenters' concerns that the FARR would inhibit new
businesses and drive out existing businesses appear to be based upon
this misunderstanding. The FIPs are Federal rules issued by EPA under
the Federal CAA, and do not provide any authority for Tribes to use
Tribal laws to regulate nonmember conduct on any reservation or for
Tribes to enforce Tribal law against nonmembers in Tribal courts. Since
these rules are Federal rules, we are not expressing any opinion about
the validity of such concerns at this time. From a Federal perspective,
EPA already regulates businesses on these Indian reservations under the
CAA under existing Federal regulatory programs such as the PSD,
National Emission Standards for Hazardous Air Pollutants (NESHAP), and
New Source Performance Standards (NSPS) programs. Today's rules
establish additional Federal requirements for industry and residents on
reservations that are similar to the requirements imposed by the rules
of State and local air agencies in the surrounding areas. The rule
authorizing non-Title V operating permits at Sec. 49.139 offers a real
benefit to industry and businesses by providing a means to obtain
enforceable limits on the source's potential to emit for purposes of
PSD, Title V, or section 112 of the Act. Today's rules also provide
greater certainty to businesses by clearly identifying applicable CAA
requirements.
In developing the proposed rulemaking, EPA estimated the economic
impacts of these requirements in an Economic Impact Analysis (EIA). In
the Federal Register notice for the proposal, EPA specifically
solicited comments on certain assumptions regarding capital costs,
operation and maintenance (O&M) costs, and the costs of meeting visible
emission and fugitive emission requirements, conducting source tests,
and meeting the sulfur content in fuel limits. EPA explained that, for
the purposes of generating cost estimates in the EIA for each of the
proposed rules, EPA assumed that there would be no capital costs
incurred under any of these rules. EPA stated that it believes sources
generally are complying with State and local rules in the absence of
Federal rules because the sources may have believed they were subject
to State and local rules or otherwise chose to follow such rules.
Furthermore, based on information obtained from Tribal, State, and
local authorities, as well as businesses and other entities affected by
these rules, EPA did not anticipate that facilities would add control
devices as a result of these rules. In the proposal, EPA did not
estimate O&M costs to comply with these rules because insufficient data
were available to estimate them. EPA has again evaluated the potential
economic impacts of these rules, after
[[Page 18080]]
considering comments on the proposed rules. No specific information was
submitted about the EIA assumptions in comments on the proposed
rulemaking to indicate that the EIA prepared by EPA for the rules is
incorrect. The EIA has been updated to reflect rule revisions, updated
wage rates, and new information about the sources on the 39 Indian
reservations. As described in the EIA, annualized labor costs are
estimated to be $120,872, annualized non-labor costs are estimated to
be $17,475 (which is divided between annualized start-up costs of
$14,175 and recurring annual [O&M] costs of $3,300), and incremental
pollution abatement capital equipment expenditures are assumed to be
zero for a total estimated cost of $138,347 annually after all rules
are fully implemented. These estimates are the cumulative costs for all
businesses affected by the rules. The final Economic Impact Analysis is
available in the docket for this rulemaking.
D. Delegation of Authority to Tribes
A number of commenters were concerned that the proposed rules would
delegate authority to Tribal governments to regulate the activities of
non-Tribal members on privately owned land within the reservation. The
commenters believed that such rules would be unconstitutional, stating
that non-Tribal citizens have no voice or representation in Tribal
government and are not able to vote in Tribal elections.
Several commenters had questions about how the delegation process
is different than the process for a Tribe to be approved for TAS.
Several Tribes reminded EPA that the CAA was enacted with the
expectation that Tribal governments would be managing air quality on
reservations. The commenters asked EPA to ensure that these rules and
the delegation provisions do not diminish the rights or ability of
Tribes to establish requirements under Tribal law.
In its comments on the proposed delegation provision at Sec.
49.122, a State environmental agency stated that it supported
delegation of provisions of the FARR to Tribes, but requested that the
State, affected stakeholders, and local communities be given an
opportunity to participate in the development of delegation agreements
by at least being offered the opportunity to comment. Another local
government also requested an opportunity to comment on proposed
delegation agreements. The State also requested that, prior to
delegation, EPA require the Tribe to demonstrate that it has sufficient
resources to ensure that the terms and conditions of the agreement can
be met. The State also asked EPA to explain the specific Federal
functions that would be subject to delegation under the proposed
regulation.
EPA Response: The rule EPA is finalizing at Sec. 49.122 authorizes
a partial delegation of administrative authority to a Tribal government
for the purpose of assisting EPA in administering one or more of the
Federal rules that have been promulgated for a Tribe's reservation.
While a Tribe may be delegated administrative authority for one or more
of the Federal rules, EPA will maintain sole authority to enforce the
FARR. Since this would be a delegated Federal program, any Federal
requirement administered by a delegated Tribe is subject to EPA
enforcement and EPA appeal procedures, not the Tribe's, under Federal
law. The delegation provision allows EPA to delegate distinct roles for
assisting EPA and severable Federal regulations to qualified Tribes for
administration, without requiring a Tribe to take on all aspects of the
FARR. This provision provides EPA additional flexibility for
implementing these rules where EPA believes delegation is appropriate.
The delegation process in this rule is similar to the process EPA uses
to delegate authority to States to administer Federal programs such as
PSD and Title V. Nothing in these rules requires EPA to delegate
administrative authorities to Tribes. The partial delegation would
authorize a Tribal government to administer specific functions of the
FARR rules, with Tribal government employees acting as authorized
representatives of EPA. EPA and the delegated Tribe would, as
appropriate, establish mechanisms to fund the work by Tribal staff,
that may include Federal funding assistance through cooperative
agreements and grants and/or user fees and charges established by the
Tribe to fund its administrative activities on behalf of EPA. The Tribe
would be authorized to administer one or more of the rules, with the
oversight of EPA staff. Any challenges to an action will be handled
directly by EPA, and any formal appeals or enforcement actions will
proceed under EPA's administrative and civil judicial procedures.
As EPA stated in the proposed rulemaking, the administrative
delegation from EPA to a Tribe to implement a specific Federal air rule
is to be distinguished from EPA's interpretation that the CAA is a
delegation of Federal authority from Congress to Tribes. It is EPA's
position that the CAA TAS provision constitutes a statutory delegation
of authority to eligible Tribes over their reservations. Under the CAA,
Tribes may develop air programs covering their reservations and non-
reservation areas within their jurisdiction for submission to EPA for
approval in the same manner as States. 63 FR 7254-7259; 59 FR 43958-
43960. The U.S. Court of Appeals for the District of Columbia Circuit
upheld the TAR in Arizona Public Service Co. v. EPA, 211 F.3d 1280
(D.C. Cir. 2000), cert. denied 121 S. Ct. 1600 (2001). The TAR
established how EPA can approve Tribal eligibility applications for a
Tribe to operate a CAA program under Tribal law using a modular
approach. EPA expects that many Tribes will develop their own air
quality programs. However, Tribes are not required to adopt and
implement all CAA programs at once.
The approach being used in these final regulations will allow
Tribes that are building air quality programs to gain experience by
assisting EPA with implementation of the Federal rules before they
decide to adopt their own Tribal rules. EPA recognizes that a Tribe may
choose not to develop a Tribal air program under Tribal law for
approval under the TAR, but may still want to assist EPA in
implementing the Federal air quality requirements for its reservation
and to build its capacity in managing an air quality program. However,
EPA stresses that establishing a delegation agreement to assist EPA in
implementing the FARR on a reservation will not affect a Tribe's
eligibility for TAS. EPA anticipates that the capability and experience
gained through assisting EPA will help Tribes decide whether to
establish their own CAA programs to either supplement or substitute for
the Federal rules for their particular reservation.
EPA recognizes that a number of the commenters believe it is
unconstitutional for a Federal law to subject nonmembers to the laws of
an Indian Tribe. As noted above, however, these commenters have
misunderstood these rules because the FARR consists of Federal
requirements, to be enforced by the Federal government. Still, it is
important to note that the commenters' concerns have been addressed by
the courts including, as noted above, in relation to EPA's
interpretation of the CAA TAS provision as a Congressional delegation
of authority to Tribes over their reservations which was upheld by the
U.S. Court of Appeals for the D.C. Circuit.
EPA stresses that a delegation agreement is not the only mechanism
by which a Tribe can assist EPA in implementing one or more of the
rules. EPA may choose to make arrangements
[[Page 18081]]
with Indian Tribes under a variety of Federal assistance authorities,
such as grants, cooperative agreements, or contracts, where the work to
be accomplished would be specified in the financial assistance
documents.
The final rule at Sec. 49.122 retains the same provision as
proposed by EPA to delegate to a Tribe the authority to help EPA
implement the FARR on the Tribe's reservation. EPA is, however, making
several revisions to the rules in response to comments. For example,
the title of the rule is changed to read ``Partial Delegation of
Administrative Authority.'' This revised title is designed to clarify
that the rule authorizes EPA to delegate only the authority to assist
in the administration of, but not enforce, the rules. The final rule at
Sec. 49.122(a) explicitly states that the rules covered by a
delegation agreement would be enforced by EPA, as appropriate.
In response to requests for an opportunity to participate in the
development of these partial delegation agreements, this rule includes
a new subsection, Sec. 49.122(d)(1), that provides for stakeholder
involvement prior to completing a partial delegation agreement. This
new subsection of the rule provides that prior to completing a partial
delegation agreement under the rule, EPA will consult with appropriate
governmental entities outside of the specified reservation, and with
city and county governments located within the boundaries of the
specified reservation. EPA has defined appropriate governmental
entities as States, Tribes, and other Federal entities located
contiguous to the Tribe applying for eligibility. See generally, 56 FR
64876, 64884 (December 12, 1991) and 63 FR 7267 (February 12, 1998).
EPA does not believe that it is necessary or appropriate to require
additional public participation procedures for establishing a partial
delegation agreement between EPA and a Tribe because it will be limited
to describing how a Tribe will assist EPA by administering one or more
of the rules. EPA will however, publish a notice in the Federal
Register informing the public of any partial delegation agreement for a
particular Indian reservation and will indicate such delegation in the
implementation plan for the Indian reservation. EPA will also publish
an announcement of the partial delegation agreement in local
newspapers.
EPA agrees that it will delegate authority to help administer these
rules only to Tribes capable of doing the work properly. The final rule
is modified to expressly require a Tribe to demonstrate both the
technical capability and adequate resources to administer the rule
under a partial delegation agreement. The FARR at Sec. 49.122(b)
describes the criteria a Tribe must meet when applying for a partial
delegation, including that the Tribe has (or is acquiring) the
technical capability and resources to carry out the aspects of the
rules and provisions for which delegation is requested. As already
noted, EPA has no obligation to delegate administrative authorities to
Tribes, and we will do so only where the Tribe has demonstrated that
the work will be carried out properly. EPA also expects the partial
delegation agreements will include provisions to regularly review
performance by the Tribe and identify implementation issues that could
be addressed by modifying the delegation agreement.
Consistent with the proposal, this final rule does not list the
rules or Federal functions that may be delegated. For some portions of
the FARR, EPA expects to initially retain full administration of the
program without administratively delegating any aspects to Tribes so
that we can gain experience with the process for implementation and
become familiar with the regulated community. For example, EPA wants to
gain experience with implementing the rule for non-Title V operating
permits at Sec. 49.139 by using Federal administrative procedures. A
number of rules are not subject to delegation because they are self-
implementing standards that are to be met by the regulated community,
such as the rules at Sec. 49.124 (Rule for limiting visible
emissions), Sec. 49.125 (Rule for limiting the emissions of
particulate matter), Sec. 49.126 (Rule for limiting fugitive
particulate matter emissions), Sec. 49.127 (Rule for woodwaste
burners), Sec. 49.128 (Rule for limiting particulate matter emissions
from wood products industry sources), and Sec. 49.129 (Rule for
limiting emissions of sulfur dioxide). On the Nez Perce Reservation,
where we have been working closely with the Tribe, and the Umatilla
Indian Reservation, where EPA is promulgating burning permit programs
for both reservations, EPA expects to establish delegation agreements
with the Tribes to provide local handling of permitting and
implementation needs.
Tribal governments will be able to provide a variety of expertise
to assist EPA in implementing these rules. For example, EPA anticipates
arrangements for administering the open burning rule may include
coordination with local fire marshals and fire safety officials. The
specific provisions of each delegation agreement will be tailored, as
appropriate, in light of each Tribal government's operations, the
location of the reservation, or other relevant factors.
E. Public Participation in the Rulemaking
When the proposed rules were published on March 15, 2002, EPA
provided a 90-day public comment period ending on June 13, 2002. Before
the close of the comment period, some local governments and several
individuals requested more time to comment on the proposed rules,
writing that more time was needed to provide all affected parties an
opportunity to comment and to allow thorough review of the proposed
rules by elected officials. In response to the requests for additional
time to comment on the proposal, EPA reopened the comment period from
August 9, 2002 until October 10, 2002 and held a public hearing in
Toppenish, Washington, on the Yakama Reservation, on September 10,
2002. The hearing was advertised in various newspapers in Washington,
Oregon, and Idaho. EPA offered an afternoon information session for
questions and answers before the evening hearing in Toppenish.
Approximately 90 people attended the information session and hearing,
and 28 people testified at the hearing. A copy of the transcript from
the public hearing is in the docket.
During the second comment period, EPA received a number of
additional comments requesting more time for public participation. A
number of commenters criticized EPA for consulting with Tribal
governments for a number of years during the development of the
proposed rules, and stated that EPA had not provided adequate time for
local governments to participate. A number of other commenters wrote
that EPA had offered enough time for interested parties to comment.
Several comments criticized EPA, asserting that EPA failed to
follow the EPA Public Involvement Policy (46 FR 5736, January 19, 1981
and 68 FR 33946, June 6, 2003) for early consultation and involvement
prior to publishing the proposed rules. Commenters also stated that EPA
failed to comply with Executive Order 13132 on Federalism, asserting
that EPA did not meet its requirements for early consultation with
State and local officials during rule development. Several commenters
stated that EPA had not completed an environmental assessment of the
rules, which the commenters believed was subject to the National
Environmental Policy Act (NEPA).
[[Page 18082]]
EPA Response: EPA believes it provided adequate time and
opportunity for the public, as well as State and local agencies, to
fully participate in the rulemaking. EPA invited review of the proposed
rules from State and local air agencies well in advance of starting the
public comment period in March 2002, reopened the original 90-day
comment period at the request of commenters, and held a public hearing
one month before the public comment period ended.
When determining how much time to offer for public comment, EPA
also considered that State and local air agencies had opportunities to
review and comment on the proposal well in advance of the public
comment period. As noted in the proposal, EPA provided advance draft
copies of the proposed rules to State and local air agencies in Idaho,
Oregon, and Washington. Specifically, EPA provided a draft of the
proposal to State and local air agencies in July 2001 and solicited
input. Generally, the States and local air agencies were pleased that
EPA was developing rules for Indian reservations and provided useful
feedback on the draft.
EPA disagrees with the commenters who think that EPA should not
have worked so closely with Tribal governments. The Agency believes it
has proceeded with this rulemaking consistent with all Agency policies
and Presidential directives. The approach EPA followed to consult with
affected Tribes in Region 10 in the development of these rules is
consistent with EPA's National Indian Policy, Executive Order 13175
``Consultation and Coordination with Indian Tribal Governments,'' 65 FR
67249 (November 6, 2000), and other Federal policies on Tribal
consultation that require EPA to develop an accountable process to
ensure meaningful and timely input by Tribal officials in the
development of regulatory policies that have Tribal implications.
Moreover, as discussed above, EPA also provided State and local air
agencies an opportunity to review and comment on a complete draft. When
we issued the proposed rules, EPA published many notices of the public
comment opportunity and offered to hold a public hearing if requested.
When we decided to reopen the comment period, we gave widespread notice
of the additional time and of the scheduled public hearing. The fact
that many citizens and Tribal, State, and local governments were aware
of the proposal, submitted written comments, and attended the public
hearing demonstrates the effectiveness of the notice provided. The
public participation process EPA used here is consistent with EPA's
Public Involvement Policy, that by its terms is designed merely to
guide the Agency's efforts. EPA also has fully complied with all
Executive Orders applicable to this rulemaking. In the proposal, EPA
specifically evaluated Executive Order 13132, Federalism, concluding
that it did not apply to the proposed rules because they will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. These
rules only prescribe regulations for facilities in areas where a State
does not administer an approved CAA program, and thus do not have any
direct effect on any State. Moreover, it does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. Thus, Executive Order 13132 does not apply to
this rulemaking. In summary, EPA believes that we have met all
requirements for public participation applicable to this rulemaking.
With regard to NEPA, Congress passed the Energy Supply and
Environmental Coordination Act in 1974, which exempts all actions under
the CAA from NEPA.
F. Implementation of the Rules
Commenters from Tribes, States, and local air agencies generally
supported the FARR and encouraged EPA to finalize the rules. A number
of commenters asked how EPA is planning to implement the FARR on the 39
Indian reservations, and requested more information about the resource
needs, timeframe, and scope of Federal implementation of the rules, and
how Tribes will be involved in the implementation. Commenters with
concerns about enforcement of the rules asked how EPA is going to
ensure compliance. Other commenters had specific suggestions for
revising the proposed rules so as to minimize the burden on the
regulated businesses.
EPA Response: EPA has developed an Implementation Framework as a
first step toward describing our overall approach to FARR
implementation. The Implementation Framework, which is a working draft
subject to further changes and refinement, is intended to give a
general sense of EPA's approach to the implementation of each section
of the FARR; how EPA intends to align resources with implementation
needs; and the ways in which EPA will involve Tribes in FARR
implementation. This document, ``Framework for Implementation of the
FARR'' is available in the docket.
The level of effort needed for EPA's implementation planning and
response will vary among different parts of the FARR. EPA has
experience in the areas of permitting, compliance monitoring, complaint
response, and enforcement in Indian country, so refining these programs
to include full implementation of the FARR should be relatively
straightforward. For elements such as a source registration system, a
burn permit program, or monitoring air pollution episodes, much more
work will be needed to develop the programs and integrate them into
EPA's ongoing work. As EPA develops experience in implementing these
rules, we expect that such experience will lead to refinements in our
implementation approach and, possibly, to proposals for rule changes.
1. Compliance Dates
The effective date of the final rules is June 7, 2005. Air
pollution sources within the exterior boundaries of an Indian
reservation in Idaho, Oregon, or Washington, as set forth in 40 CFR
part 49, subpart M, will be required to comply with the requirements in
the final rules beginning on the effective date. A few of the rules
require sources to take specific actions by certain dates, and these
``implementation dates'' are also clearly identified in the final
rules. For example, the registration rule at Sec. 49.138 requires
existing sources (except for those exempted) to submit an initial
registration by February 15, 2007; the burn permit rules at Sec.
49.132, Sec. 49.133, and Sec. 49.134 require people who want to burn
on the Nez Perce Reservation to apply for a permit beginning on the
effective date of the FARR; and the burn permit rules at Sec. 49.132,
Sec. 49.133, and Sec. 49.134 require those who want to burn on the
Umatilla Indian Reservation to apply for a permit beginning on January
1, 2007.
2. Resources
As noted above, a number of commenters urged EPA to provide
sufficient resources for implementation activities, such as responding
to complaints and taking enforcement actions where there are violations
of the rules. Tribes also encouraged EPA to continue to support
capacity-building by Tribes for Tribal air programs and to provide
adequate resources so the Tribes can assist EPA in administering the
rules.
As we stated when proposing these rules, EPA is issuing regulations
that it believes it has the resources to
[[Page 18083]]
implement and enforce. Over the near term, EPA does not anticipate
adding significant new resources, either for EPA or for the Tribes, for
implementation of the FARR, although EPA expects to shift some existing
resources to respond to the FARR workload. Since EPA is committed to
continue funding Tribes to build their capacity for air quality
matters, EPA Region 10 will seek additional national and regional
resources as needed or appropriate to support Tribes and to further
this innovative regional initiative.
To the extent practicable, these regulations minimize the
implementation burdens upon EPA and the regulated community while
establishing requirements that are unambiguous and enforceable. EPA is
making a number of changes to the final rules to this end, such as
phasing in the implementation of the open burning rule at Sec. 49.131
and the burn permits programs at Sec. Sec. 49.132-49.134, and
exempting de minimis sources from the registration rule at Sec.
49.138. For a more detailed discussion of these rule changes, see
section III of this document. The ``phasing in'' of requirements for
different elements of the FARR will help EPA spread out the
implementation work and prioritize our resources for implementation.
EPA is phasing in the open burning rule at Sec. 49.131 by focusing
on outreach and education in the initial stages of implementation, as
discussed further below. EPA is also using a phased approach to
establish burn permit programs for agricultural burning, forestry
burning, and open burning on the Nez Perce Reservation and the Umatilla
Indian Reservation. EPA is first starting the burning permit programs
on the Nez Perce Reservation, where EPA and the Tribe have been
operating under an intergovernmental agreement with the Idaho
Department of Environmental Quality and the Idaho State Department of
Agriculture to manage agricultural field burning in the Clearwater
Airshed. For the Nez Perce Reservation, anyone who wants to conduct
agricultural, forestry, or open burning after the effective date of the
FARR must apply for and obtain a permit. For the Umatilla Indian
Reservation, anyone who wants to conduct agricultural, forestry, or
open burning after January 1, 2007 must apply for and obtain a permit.
These dates will provide time for EPA and the Tribes to develop burning
permit programs.
EPA also is limiting the burden on regulated sources and itself by
exempting sources with relatively insignificant emissions from
registration and emissions reporting requirements under the
registration rule at Sec. 49.138. Examples of exempted sources include
air pollution sources that do not have the potential to emit more than
two tons per year of any air pollutant, single family residences, small
boilers and heaters used for space heating, and open burning. EPA
believes that an accurate inventory of sources and emissions can be
assembled for purposes of air quality management without requiring
sources with small or de minimis emission levels to register.
3. Outreach and Education
One of the most important aspects of implementation of the FARR
will be outreach to affected communities. EPA is developing a
comprehensive outreach strategy that includes plans to adequately
educate people and sources affected by the FARR. EPA will provide
appropriate information to each sector (e.g., citizens, Tribal
governments and air quality staff, and source owners and operators) so
that they understand what the rules require of them. The outreach
strategy will also address timing for delivery of outreach and the
resources available to provide adequate outreach. EPA intends to
involve stakeholders in the development of outreach plans so the
materials created will be effective and culturally-sensitive for both
Tribal members and non-Tribal members living on the reservations.
EPA expects that the air pollution episode rule at Sec. 49.137
(see below) and the open burning rule at Sec. 49.131 will require the
most outreach resources. Through outreach and education, it is EPA's
goal to eliminate open burning disposal practices where alternative
methods are feasible and practicable, to encourage the development of
alternative disposal methods, to emphasize resource recovery, and to
encourage utilization of the highest and best practicable burning
methods to minimize emissions where other disposal practices are not
feasible. In addition to communicating the threats to human health that
can result from improper use of burn barrels and residential waste
burning in general, we will communicate the requirements of the rule,
including what can and cannot be burned.
Implementation of the open burning rule as it relates to
residential activities will pose unique challenges in assuring
compliance. EPA recognizes that removing the exemption for burning
combustible household wastes in burn barrels from the final rule may
mean that some reservation residents who dispose of household wastes by
burning may not be in compliance with the rule. EPA anticipates the
need to work with Tribes to design and implement effective outreach and
education, design and implement complaint tracking and response
programs, and work cooperatively with solid waste programs to address
alternatives to burning.
As with the other rules being published today, EPA's initial focus
on compliance assurance work will be in the form of outreach efforts to
inform affected individuals and organizations of the new rules. We
intend to work with Tribal governments and other stakeholders, such as
local governments, to identify alternatives to open burning, and expect
to use a variety of tools to monitor and respond to violations of the
general open burning rule. EPA will prioritize which reservations
receive the outreach and education resources first based on many
factors, including the severity of the problem to be addressed and
overall outreach prioritization. EPA will also give priority to the
reservations where the Tribes are interested and able to assist with
implementation of this rule.
EPA also plans to provide an information point of contact, such as
a toll-free telephone number, to answer questions, provide forms, and
provide other FARR-related information. EPA will also have information
available on the EPA Region 10 website at http://www.epa.gov/r10earth/FARR.htm.
4. Compliance Assurance
EPA anticipates its compliance assurance and enforcement policies
will be similar to response policies currently used by State and local
air agencies in Region 10 for similar types of violations, but with the
additional use of the Region 10 Enforcement Procedures in Indian
Country (available in the final rule docket).
EPA defines ``compliance assurance'' broadly to include compliance
assistance, compliance incentives, compliance monitoring, and
enforcement response. The FARR compliance assurance program will
include all four elements. Compliance assistance is closely linked to
the overall outreach effort so that the regulated community understands
the new rules and what they must do to comply. Compliance monitoring
includes a wide range of activities to evaluate and determine
compliance such as on-site inspections and review of records,
monitoring results, and other information about, or from, regulated
sources. Compliance incentives will be guided by EPA's Audit Policy and
Small Business Policy. Enforcement response to violations generally
takes a variety of forms depending on the nature of the
[[Page 18084]]
compliance issue and the relative priority for EPA response.
As a general approach, EPA will focus initially on compliance
monitoring and enforcement for regulated industrial sources. Priority
will be given to facilities that meet the definition of ``major
facility'' or that are non-major stationary sources of interest to EPA
due to their pollution potential.
To implement the compliance assurance program, we will use EPA
staff and, where available, staff of the Tribal government for that
reservation. EPA may also use other resources, such as a ``circuit
rider'' to assist EPA in the field by making regular visits to conduct
specific oversight or provide technical assistance to Tribes. Although
such arrangements to assist EPA may be in the form of contracts, EPA
also will look for opportunities to promote Tribal participation
through formal agreements such as partial delegations or Direct
Implementation Tribal Cooperative Agreements (DITCAs), and through
work-sharing and collaboration where there is no formal delegation
(e.g., EPA may request that a Tribe conduct fact finding in response to
complaints or make opacity readings) as discussed below.
5. Partial Delegation Agreements
EPA anticipates that it will establish delegation agreements with
Tribes in order to best use limited resources for implementing the FARR
on 39 Indian reservations. The FARR authorizes a partial delegation of
administrative authority to a Tribal government for the purpose of
assisting EPA in administering one or more of the Federal rules. Under
Sec. 49.122, EPA may delegate administration of distinct and severable
Federal regulations to a qualified Tribe, without requiring a Tribe to
administer all aspects of the FARR. While a Tribe may be delegated
administrative authority for the Federal rules, EPA will maintain sole
authority to enforce the FARR.
EPA is developing standard procedures for negotiating delegation
agreements. Procedures will cover eligibility criteria, timing and
mechanisms for delegation, requirements for documentation of
eligibility, opportunities for input on the delegation agreement, and
monitoring of performance under the agreement.
Although the partial delegation rule provides a process for EPA to
formally delegate administration of one or more of the FARR
requirements to a Tribe, Tribes can provide substantial assistance to
EPA without a delegation agreement. For example, pursuant to a grant
under section 103 of the CAA, Tribal air staff could distribute
information packets to regulated sources, coordinate Tribal air and
solid waste alternatives to burning, or otherwise serve as EPA's on-
scene assistant for implementation of the rules. Where an official
partial delegation agreement is not yet in effect, EPA will explore the
use of Memoranda of Agreement, grants, cooperative agreements, and
other forms of agreement to document understandings about respective
roles and responsibilities for such tasks.
Experience involved in implementing the FARR will help EPA and the
Tribes identify which rules are most appropriate for delegation to
Tribes. It will also help to identify the most efficient mechanisms to
provide needed financial support for Tribal assistance. Because
assisting with the FARR will build Tribal capacity to adopt Tribal air
quality regulations, it will serve as a logical step in moving the
Tribes toward development of their own TIPs. Several Tribes have
expressed an interest in assuming delegation of administrative
authority for one or more provisions of the FARR. Others have indicated
that they wish to help in other ways.
These partial delegation agreements would authorize a Tribal
government to administer specific functions of the FARR rules, with
Tribal government employees acting as authorized representatives of
EPA. EPA and the delegated Tribe would, as appropriate, establish
mechanisms to fund the work by Tribal staff, that may include Federal
funding assistance through cooperative agreements and grants, and/or
user fees and charges established by the Tribe to fund its
administrative activities on behalf of EPA. Under a delegation
agreement, the Tribe would be authorized to administer one or more of
the rules, with the oversight of EPA staff. Any challenges to an action
will be handled directly by EPA, and any formal appeals or enforcement
actions will proceed under EPA's administrative and civil judicial
procedures. For more discussion on delegation, please see section II.D
of this document.
6. Burn Bans
Implementing the general rule for open burning (Sec. 49.131) and
the rule for air pollution episodes (Sec. 49.137) will require
significant EPA coordination with local partners to inform individuals
living on reservations of poor air quality episodes and the mandatory
burn bans that accompany such episodes. Under the FARR, the Regional
Administrator may issue an air stagnation advisory when meteorological
conditions are conducive to the buildup of air pollution. An air
pollution alert, air pollution warning, or air pollution emergency may
be declared by the Regional Administrator whenever it is determined
that the accumulation of air pollutants in any place is approaching, or
has reached, levels that could lead to a threat to human health. Burn
bans may also be declared whenever particulate matter levels exceed, or
are expected to exceed, 75% of any NAAQS for particulate matter, and
these levels are projected to continue or reoccur over at least the
next 24 hours.
State and local air agencies in Region 10 currently declare burn
bans and issue air stagnation advisories, alerts, warnings, and
emergencies for areas within their jurisdiction, including areas
adjacent to or surrounding the reservations. Prior to implementing the
FARR, EPA will establish a protocol with these State and local air
agencies for coordination of burn bans and air quality announcements.
When a State or local air agency declares a burn ban or an air
pollution episode, EPA will determine if similar conditions also exist
within any reservations. To determine if similar conditions exist
within a reservation, EPA will consider existing air quality as
measured by air quality monitors determined to be representative of air
quality on each reservation. Once EPA determines that it is appropriate
to declare a burn ban and/or an air pollution episode on a reservation,
EPA will take appropriate steps to communicate this information to the
residents of the affected reservation.
Initially, EPA's implementation of the burn ban provisions and the
air pollution episode rule will rely largely on air quality data being
collected at existing air monitors operated by State and local air
agencies. Over time, and as resources permit, an increase in continuous
air monitors located on reservations would provide additional air
quality data that EPA would consider prior to declaring burn bans or
air pollution episodes for reservations. Reservations that would be
candidates for additional continuous monitors are those where the
existing State and local monitoring networks may not adequately
characterize the air quality on the reservations and where elevated
levels of pollution could be expected to occur.
7. Part 71 Permits
40 CFR part 71 authorizes the Agency to administer a Federal
operating permit program in areas without an approved
[[Page 18085]]
permitting program under 40 CFR part 70 (40 CFR part 71). Promulgation
of the FARR will compel ``reopening for cause'' of the part 71 air
operating permits that EPA has already issued on the covered
reservations to include FARR requirements.\5\ The procedures for re-
issuing such a permit are the same as for issuing initial and renewed
permits. Because some permits will have less than three years remaining
on their terms, they will not need to be reopened when the FARR becomes
effective, but will be updated when their term naturally expires. The
FARR requirements are effective for part 71 sources upon the effective
date of this rulemaking even though the requirements may not yet be
incorporated in the part 71 permit.
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\5\ As previously state in section II.A, although the authority
for EPA to establish these Federal rules for Indian reservations
comes primarily from section 301(d) of the CAA, the Agency has
looked to all of its CAA authorities in issuing these FIPs. EPA also
made clear that it is issuing these FIPs primarily as a first step
in meeting the goals of section 110(a) of the CAA. See 67 FR 11749.
It is EPA's position that the requirements of these FIPs are
``standards or other requirements provided for in the applicable
implementation plan approved or promulgated by EPA through
rulemaking under Title I of the Act that implement the relevant
requirements of the Act'' and thus are ``applicable requirements''
as defined in 40 CFR 70.2 and 71.2. As such, the requirements of
these FIPs must be included in Title V air operating permits issued
to Title V sources subject to these FIPs.
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For part 71 sources, adding the FARR requirements will fill
important gaps in the permits such as limits for visible emissions,
particulate matter, sulfur dioxide, etc. To speed up and simplify the
process, EPA may use a single notice and comment opportunity for
multiple permits.
G. Applicability of the Rules to Specific Source Categories
EPA received numerous comments on the proposed emission
limitations, permitting provisions and other control measures. Comments
were submitted by State and local air authorities, Tribes, industries,
farmers, other governmental agencies, and the general public. EPA is
making a number of revisions to the proposed rules as a result of these
comments. These revisions are described later in this preamble in the
section titled ``Summary of the Final Rules and Significant Changes
from the March 2002 Proposal.'' A complete summary of the comments on
each rule, and EPA's response to those comments, is included in the
``Response to Comment'' document, which is available in the docket.
The most frequent type of comments, which were submitted by many
different parties, involved the categories of air pollution sources
that EPA proposed to exempt from each of the various rules. Some
commenters asked for more source categories to be exempted while other
commenters requested that certain exemptions be removed from the
proposed rules. In response to these comments, EPA is making only minor
changes to the exemptions for the various rules. In some instances, EPA
agreed with the commenter that the rule was not appropriate for
application to a suggested source category and is adding that category
to the exemptions. In most cases, EPA disagreed with the commenter and
is retaining the exemptions as proposed.
We recognize that some of these exempted source categories may have
the potential to be areas of concern and may be regulated in other
areas of the Region. We do not have sufficient information at this
time, however, to determine that they are a problem in need of
regulation on the 39 Indian reservations in Idaho, Oregon, and
Washington. This rulemaking is a first step to fill the regulatory gap
on Indian reservations in Idaho, Oregon, and Washington. As we have
noted elsewhere, in the future we may promulgate additional rules if we
determine the rules are necessary or appropriate.
Finally, EPA notes that Sec. 49.135 provides regulatory authority
to address specific air quality problems associated with any air
pollution source, even those exempted from particular emission
standards. While sources such as single family residences, agricultural
activities, and public roads are exempted from certain rules, should
EPA determine that further controls are needed pursuant to Sec.
49.135, EPA may establish a source-specific requirement if such would
be appropriate.
III. Summary of the Final Rules and Significant Changes From the March
2002 Proposal
EPA believes that in light of the particular air quality problems
generally present on reservations in the Pacific Northwest, it is
appropriate to establish the air quality rules for each reservation
that are adopted today. These rules will regulate activities,
pollutants, and sources by supplementing the existing Federal
regulatory requirements such as the PSD, NESHAP, and NSPS rules.
Today's rules will provide additional regulatory tools for EPA to use
to implement the CAA on Indian reservations and help to fill the
current regulatory gap that exists in controlling important sources of
air pollution on Indian reservations in Idaho, Oregon and Washington.
The FIPs for each reservation include a number of basic provisions
to establish the infrastructure of a CAA regulatory program. The basic
FIP rules that will apply on all 39 reservations include Sec. 49.123
General provisions; Sec. 49.124 Rule for limiting visible emissions;
Sec. 49.125 Rule for limiting the emissions of particulate matter;
Sec. 49.126 Rule for limiting fugitive particulate matter emissions;
Sec. 49.129 Rule for limiting emissions of sulfur dioxide; Sec.
49.130 Rule for limiting sulfur in fuels; Sec. 49.131 General rule for
open burning; Sec. 49.135 Rule for emissions detrimental to public
health or welfare; Sec. 49.137 Rule for air pollution episodes; Sec.
49.138 Rule for the registration of air pollution sources and the
reporting of emissions; and Sec. 49.139 Rule for non-Title V operating
permits.
Also, EPA is establishing certain additional rules for specific
reservations where EPA has determined, in consultation with the
relevant Tribe, that such additional regulatory measures are
appropriate. During the course of its consultation with Tribes and
analysis of regulatory needs, EPA found, for example, certain types of
wood products industries, or certain practices of agricultural or
forestry burning, were prevalent on particular reservations and could
be important contributors to air pollution concerns. Therefore, in
close consultation with specific Tribes, EPA is promulgating additional
rules for three Indian reservations, including Sec. 49.127 Rule for
woodwaste burners on the Colville and Nez Perce Indian Reservations;
Sec. 49.128 Rule for limiting particulate matter emissions from wood
products industry sources on the Colville and Nez Perce Indian
Reservations; Sec. 49.132 Rule for general open burning permits on the
Nez Perce and Umatilla Indian Reservations; Sec. 49.133 Rule for
agricultural burning permits on the Nez Perce and Umatilla Indian
Reservations; and Sec. 49.134 Rule for forestry and silvicultural
burning permits on the Nez Perce and Umatilla Indian Reservations.
EPA proposed that Sec. 49.136 Rule for emissions detrimental to
persons, property, cultural or traditional resources would apply on two
reservations, the Nez Perce Reservation and the Umatilla Indian
Reservation and Sec. 49.135 Rule for emissions detrimental to public
health or welfare would apply on all other reservations in Idaho,
Oregon, and Washington. Because EPA is not finalizing Sec. 49.136 at
this time, we are promulgating Sec. 49.135 for the Nez Perce and
Umatilla Indian Reservations
[[Page 18086]]
in place of Sec. 49.136, as described in the proposal. See 67 FR
11751.
In developing these regulations, EPA also had two other objectives
in mind, in addition to filling the regulatory gap. First, EPA is
issuing regulations for which it has the technical capability and
adequate resources to implement and enforce them. As described above,
EPA is developing an Implementation Framework to guide how EPA and the
affected Tribes will implement the rules on each reservation. To the
extent practicable, these regulations minimize the implementation
burdens upon EPA and the regulated community while establishing
requirements that are unambiguous and enforceable. EPA is changing the
final rules to this end, such as exempting de minimis sources from the
registration rule at Sec. 49.138.
Second, EPA anticipates that these regulations can serve as models
for Tribes as they develop their own air quality programs. EPA will
continue to encourage Tribes to develop individual TIPs and will work
with Tribes seeking to replace these rules with TIPs. These FIPs will
apply until they are replaced by Tribal regulations in an approved TIP.
The following paragraphs summarize each of the rules that are made
final today and any significant revisions to the rules that EPA
proposed. Some of the changes to the rules are discussed above in the
section on the major issues raised by commenters. Other significant
changes to the rules are discussed below. A more detailed discussion of
rule revisions made in response to public comments can be found in the
Response to Comments document. The actual rule requirements will be
published in 40 CFR part 49, subpart C.
Changes that affect several sections. Since the time that this
rulemaking was proposed, the new PM2.5 NAAQS have become effective, and
therefore, the FARR is revised to recognize that there are now
particulate matter ambient air quality standards for both PM10 and
PM2.5. EPA is revising the final rules to include a definition of PM2.5
and to revise the definition of particulate matter to include PM2.5.
These changes to the rules have no effect upon the emission limitations
established here, but acknowledge that the emission limitations will
control both PM10 and PM2.5. EPA is not adding specific PM2.5 levels to
Sec. 49.137, Rule for air pollution episodes, at this time. After EPA
revises part 51 to establish episode levels for PM2.5, EPA Region 10
will revise this rule accordingly. The list of pollutants to be
reported under Sec. 49.138, Rule for the registration of air pollution
sources and the reporting of emissions, is revised to include PM2.5,
which is consistent with the new emissions inventory reporting
requirements at 40 CFR part 51, subpart A.
In response to comments, EPA is removing several paragraphs (Sec.
49.124(e)(3), Sec. 49.125(e)(2), Sec. 49.127(d)(2), Sec.
49.128(d)(2), and Sec. 49.129(e)(3)) from the final rules that state
that these rules do not require any person to conduct a source test
unless specifically required by the Regional Administrator in a permit
to construct or a permit to operate. While EPA does not agree with the
commenter that these statements would limit EPA's authority to obtain
emission information, we do agree that they are unnecessary and
possibly confusing. Though EPA is removing this language from the
rules, it does not change the fact that the FARR, in and of itself,
does not require sources to conduct a source test, but that a source
test may be required through other means (permit to construct, permit
to operate, order under section 114, etc).
Section 49.122--Partial delegation of administrative authority to a
Tribe. Section 49.122 establishes a process for EPA to delegate to a
Tribal government the authority to assist EPA in administering one or
more of the Federal rules that have been promulgated for the Tribe's
reservation. This provision sets out the process a Tribe must follow to
request a partial delegation, how that delegation will be accomplished,
and how the public and regulated sources will be informed of the
delegation. This provision allows EPA to delegate distinct and
severable Federal regulations to a qualified Tribe for implementation,
without requiring a Tribe to take on all aspects of the Federal air
regulations. Nothing in these rules requires EPA to delegate
administrative authorities to Tribes. As a delegated Federal program,
any Federal requirement administered by a delegated Tribe is subject to
EPA enforcement and EPA formal appeal procedures, not the Tribe's,
under Federal law. Under a partial delegation agreement, EPA would
authorize a Tribal government to administer specific functions of one
or more of the FARR rules, with Tribal government employees acting as
authorized representatives of EPA and with the oversight of EPA staff.
Any challenges to an action will be handled directly by EPA, and any
formal appeals or enforcement actions will proceed under EPA's
administrative and civil judicial procedures.
The final rule modifies the proposal in several ways. This section
is retitled Partial delegation of administrative authority to a Tribe
to clarify that EPA will not be delegating enforcement authority to a
Tribe under this provision. The final rule also explicitly states that
the rules covered by a delegation agreement would be enforced by EPA.
The rule is also revised to clarify that a Tribe must show that it will
have both adequate resources and the technical capability to administer
the delegated rule(s). Finally, to provide more participation in the
development of delegation agreements, the rule provides that, prior to
finalizing a partial delegation agreement with a Tribe, EPA will
consult with appropriate governmental entities outside of the
reservation and city and county governments located within the
boundaries of the reservation.
Section 49.123--General provisions. This section includes
definitions of the terms used in these rules, as well as general
provisions regarding requirements for emission testing, monitoring,
recordkeeping, reporting, the use of credible evidence in compliance
certifications and for establishing violations, and the incorporation
by reference of ASTM methods referenced in this rulemaking. Each
section in these rules contains a paragraph that lists the defined
terms used in that section. Note that these lists include terms used
directly in the section and also terms used within the definitions of
those terms.
This section is revised by adding definitions of some terms,
deleting definitions of terms that are no longer used in the rules, and
amending definitions of some terms. Specifically, definitions of the
terms ``forestry or silvicultural activities,'' ``part 71 source,''
``PM2.5,'' ``smudge pot,'' and ``source'' are added; the definitions of
the terms ``burn barrel'' and ``combustible household waste'' are
deleted; and the definitions of the terms ``actual emissions,'' ``air
pollution source,'' ``emission factor,'' ``Federally enforceable,'' and
``particulate matter'' are amended to make them more understandable.
Editorial changes are made to a number of other definitions to make
them internally consistent or consistent with other EPA rules, such as,
the new emission inventory reporting requirements at 40 CFR part 51,
subpart A. Most of the substantive changes are made in direct response
to public comments. The addition of the definitions of the terms
``PM2.5'' and ``source'' and the amendments to the terms ``air
pollution source'' and ``particulate matter'' resulted from changes EPA
made to improve the final rules.
Also note that the final rules are updated to incorporate by
reference the
[[Page 18087]]
latest versions of the ASTM methods that are used in these rules.
Section 49.124--Visible emissions. Section 49.124 establishes that
visible emissions from air pollution sources may not exceed 20%
opacity, averaged over six consecutive minutes, as measured by EPA
Method 9. This section does not apply to certain sources, such as: Open
burning; agricultural activities; forestry and silvicultural
activities; non-commercial smoke houses; sweat houses or lodges; smudge
pots; furnaces and boilers used exclusively to heat residential
buildings with four or fewer units; fugitive dust from public roads
owned or maintained by any Federal, Tribal, State, or local government;
and fuel combustion in mobile sources. The visible emissions from an
oil-fired boiler or solid fuel-fired boiler that continuously measures
opacity with a continuous opacity monitoring system (COMS) may exceed
the 20% opacity limit during start-up, soot-blowing, and grate-cleaning
for a single period of up to 15 consecutive minutes in any eight
consecutive hours, but must not exceed 60% opacity at any time.
The final rule is revised in response to public comments to clarify
that this section does not apply to forestry and silvicultural
activities.
Section 49.125--Particulate matter. This section establishes that
particulate matter emissions from combustion sources (except for wood-
fired boilers), process sources, and other sources may not exceed an
average of 0.23 grams per dry standard cubic meter (0.1 grains per dry
standard cubic foot), corrected to seven percent oxygen (for combustion
sources), during any three-hour period. Particulate matter emissions
from wood-fired boilers must be limited to an average of 0.46 grams per
dry standard cubic meter (0.2 grains per dry standard cubic foot),
corrected to seven percent oxygen, during any three-hour period.
Exempted from this section are woodwaste burners, furnaces, and boilers
used exclusively for space heating with a rated heat input capacity of
less than 400,000 British thermal units (Btu) per hour, non-commercial
smoke houses, sweat houses or lodges, open burning, and mobile sources.
The final rule is revised in response to public comments to clarify
that the particulate matter emission limitations do not apply to open
burning. The final rule is also revised to clarify that the limitations
apply to stacks that can be tested using the reference test method at
any combustion source, process source, or other source.
Section 49.126--Fugitive particulate matter. This section requires
the owner or operator of any source of fugitive particulate matter
emissions to take all reasonable precautions to prevent fugitive
particulate matter emissions and to maintain and operate the source to
minimize these emissions. A person subject to this section is required
to annually survey the air pollution source to determine if there are
sources of fugitive particulate matter emissions, determine and
document in a written plan the reasonable precautions that will be
taken to prevent fugitive particulate matter emissions, including
appropriate monitoring and recordkeeping, and then implement the plan.
For new sources and new operations, including those at an existing air
pollution source, a survey must be conducted within thirty days after
commencing operation. For construction and demolition activities, the
written plan must be prepared prior to commencing construction or
modification. This section does not apply to open burning, agricultural
activities, forestry and silvicultural activities, sweat houses or
lodges, non-commercial smoke houses, public roads owned or maintained
by any Federal, Tribal, State, or local government, or activities
associated with single-family residences or residential buildings with
four or fewer dwelling units.
The final rule is revised in response to public comments to clarify
that the requirements for taking all reasonable precautions to prevent
fugitive emissions do not apply to open burning, forestry and
silvicultural activities, sweat houses or lodges, and non-commercial
smoke houses. The rule is also revised to reduce the burden by
requiring an annual survey, with new surveys conducted when a new
source or new operation commences operation, instead of quarterly and
weekly surveys. EPA is also revising the rule so that construction and
demolition activities will no longer have to perform weekly surveys,
but will prepare a written dust control plan prior to commencing
construction or demolition and will only do a survey if the work lasts
for more than 30 days. Finally, the provision requiring owners or
operators to consider the environmental implications of any particular
fugitive emissions control measure is deleted from the final rule, but
EPA continues to encourage owners or operators to take such effects
into account when choosing the approach to complying with this section.
Section 49.127--Woodwaste burners. On the Colville Indian
Reservation and the Nez Perce Reservation, EPA is promulgating Sec.
49.127 which phases out the operation of woodwaste burners (commonly
known as wigwam or teepee burners). Until existing woodwaste burners
are dismantled, visible emissions from a woodwaste burner may not
exceed 20% opacity, averaged over six consecutive minutes, as measured
by EPA Method 9, and only wood waste generated on-site can be burned or
disposed of in the woodwaste burner. The owner or operator of a
woodwaste burner, including woodwaste burners that are not currently
being used, must submit a plan for shutting down the woodwaste burner
to EPA within 180 days after the effective date of this rule and must
shut down and dismantle the woodwaste burner by no later than two years
after the effective date of this rule. Sources may apply to EPA for an
extension of the two-year deadline if there is no reasonably available
alternative method of disposal for the wood waste.
The final rule is revised in response to public comments to clarify
that the requirement to dismantle woodwaste burners applies to all
existing woodwaste burners regardless of whether or not such burners
are currently operating. The effect of this rule is that by two years
after the effective date of the rule, no woodwaste burner will still be
operational unless an extension of the two-year deadline has been
granted by the Regional Administrator.
Section 49.128--Particulate matter emissions from wood products
industry sources. On the Colville Indian Reservation and the Nez Perce
Reservation, EPA is promulgating Sec. 49.128 that applies to any
person who owns or operates any of the following wood products industry
sources: veneer manufacturing operations, plywood manufacturing
operations, particleboard manufacturing operations, or hardboard
manufacturing operations. This section imposes limits on the amount of
PM10 that can be emitted from such sources, in addition to the
particulate matter limits for combustion and process sources in Sec.
49.125.
The final rule is revised to clarify that the particulate matter
emission limits are for the PM10 fraction and to clarify the reference
method for determining compliance by indicating that Method 201A is to
be used in conjunction with Method 202 to measure the total PM10
emitted by the affected sources. Method 202 is intended to be used in
conjunction with either Method 201 or 201A to measure total PM10
emissions from a source with significant condensible particulate
emissions.
Section 49.129--Sulfur dioxide. This section restricts sulfur
dioxide emissions from combustion sources,
[[Page 18088]]
process sources, and other sources to no more than an average of 500
parts per million by volume, on a dry basis, corrected to seven percent
oxygen (for combustion sources), during any three-hour period. Furnaces
and boilers used exclusively for space heating with a rated heat input
capacity of less than 400,000 Btu per hour and mobile sources are
exempt from this section.
The final rule is revised in response to public comment to clarify
that the sulfur dioxide emission limitations apply only to stacks that
can be tested using the reference test method.
Section 49.130--Sulfur content of fuels. This section applies to
any person who sells, distributes, uses, or makes available for use,
any fuel oil, liquid fuel, coal, solid fuel, or gaseous fuel on Indian
reservations. This section restricts the sulfur content of those types
of fuels. Gasoline and diesel fuels, such as automotive or marine
diesel fuel, regulated by EPA under 40 CFR Part 80, are exempt from
this section. A person subject to this section must demonstrate
compliance through recordkeeping and/or continuous monitoring or
sampling. The owner or occupant of a single-family residence and the
owner or manager of a residential building with four or fewer units is
not subject to the sulfur content recordkeeping requirements if the
furnace fuel is purchased from a licensed fuel distributor.
The final rule is revised to clarify that the sulfur limit for fuel
oils applies to all liquid fuels. The exemption for mobile source fuels
is revised in response to public comment to remove the requirement that
the fuels actually be used in a mobile source. The effect of this
change is that mobile source fuels regulated by EPA under 40 CFR Part
80 are entirely exempt from this section. The rule is also revised in
response to public comment to exempt sources from the requirement to
obtain, record, and keep records of the sulfur content when combusting
only wood. As with the exemption for sources that combust only
purchased natural gas, the source must keep records showing that only
wood was burned. Sources that combust a combination of wood and other
solid, liquid, or gaseous fuels must obtain, record, and keep records
of all of the fuels combusted. Finally, the provision for continuously
monitoring fuel gas sulfur content is revised to allow for the use of
additional methods that are more appropriate for different fuel gases.
Section 49.131--Open burning. This section prohibits certain
materials from being openly burned and describes the practices a person
subject to this section must follow in conducting an open burn. Under
this section, a number of materials may not be openly burned, such as:
garbage, dead animals, junked motor vehicles, tires or rubber
materials, plastics, plastic products, styrofoam, asphalt or
composition roofing, tar, tarpaper, petroleum products, paints, paper
or cardboard other than what is necessary to start a fire or that is
generated at a single-family residence or residential building with
four or fewer dwelling units and is burned at the residential site,
lumber or timbers treated with preservatives, construction debris or
demolition waste, pesticides, herbicides, batteries, light bulbs,
hazardous wastes, or any material other than natural vegetation that
normally emits dense smoke or noxious fumes when burned (see actual
rule language for a complete list). The following situations are
generally exempted from this section: fires set for cultural or
traditional purposes, including fires within structures such as sweat
houses or lodges; fires set for recreational purposes, provided that no
prohibited materials are burned; with prior permission from the
Regional Administrator, open outdoor fires used by qualified personnel
to train firefighters in the methods of fire suppression and fire-
fighting techniques, provided that these fires are not allowed to
smolder after the training session has terminated; with prior
permission from the Regional Administrator, one open outdoor fire each
year to dispose of fireworks and associated packaging materials; and
open burning for the disposal of diseased animals or other material by
order of a public health official. All open burning, except for
cultural and traditional purposes, is prohibited if the Regional
Administrator declares a burn ban due to deteriorating air quality or
the Regional Administrator issues an air stagnation advisory or
declares an air pollution alert, air pollution warning, or air
pollution emergency.
In response to public comment, the final rule is revised to remove
the exemption for burning combustible household wastes in burn barrels
at residences. The only element of the proposed exemption that EPA is
retaining in the final rule is to allow for open burning on-site of
paper, paper products, and cardboard that are generated by a single-
family residence or a residential building with four or fewer dwelling
units. The rule is also revised to clarify that it applies to the owner
of the property upon which burning is conducted in addition to the
person actually conducting the burning. The rule is also revised to
clarify that the burn ban provisions are triggered when air quality
levels have exceeded or are expected to exceed, 75% of the NAAQS for
particulate matter (PM10 or PM2.5), and not the NAAQS for other
pollutants.
Through education and outreach, it is EPA's goal to eliminate open
burning disposal practices where alternative methods are feasible and
practicable, to encourage the development of alternative disposal
methods, to emphasize resource recovery, and to encourage utilization
of the highest and best practicable burning methods to minimize
emissions where other disposal practices are not feasible.
Section 49.132--General open burning permits. Under today's rule,
any person who wants to conduct an open burn on the Nez Perce
Reservation and the Umatilla Indian Reservation must: (1) Obtain a
permit for each open burn; (2) have the permit available on-site during
the open 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
and silvicultural burning (forestry and silvicultural burning is
covered under Sec. 49.134 Rule for forestry and silvicultural burning
permits); and agricultural burning (agricultural burning is covered
under Sec. 49.133 Rule for agricultural burning permits). The Regional
Administrator will take into consideration relevant factors including,
but not limited to, the size, duration, and location of the proposed
open burn, the current and projected air quality conditions, forecasted
meteorological conditions, and other scheduled burning activities in
the surrounding area in determining whether to issue the permit. EPA
anticipates that the Nez Perce and Umatilla Tribes will seek partial
delegation from EPA to implement portions of this rule on their
respective reservations.
The final rule is revised to remove the proposed exemption for burn
barrels, to be consistent with the final general open burning rule
(Sec. 49.131).
As discussed above, EPA is using a phased approach to establish
burn permit programs for open burning, agricultural burning, and
forestry burning on the Nez Perce Reservation and the Umatilla Indian
Reservation to
[[Page 18089]]
provide time for EPA and the Tribes to develop the burn permit
programs, to allocate sufficient resources, and to establish
intergovernmental agreements on how EPA and each Tribe will administer
the program. EPA is first starting the burning permit programs on the
Nez Perce Reservation, where EPA and the Tribe have been operating
under an intergovernmental agreement with the Idaho Department of
Environmental Quality and the Idaho State Department of Agriculture to
manage agricultural field burning in the Clearwater Airshed. For the
Nez Perce Reservation, anyone who wants to conduct open burning after
the effective date of the FARR must first apply for and obtain a permit
for open burning. For the Umatilla Indian Reservation, anyone who wants
to conduct open burning after January 1, 2007 must first apply for and
obtain a permit for open burning. These dates will provide time for EPA
and the Tribes to develop burn permit programs.
Section 49.133--Agricultural burning permits. Under the final rule,
any person who wants to conduct an agricultural burn on the Nez Perce
Reservation and the Umatilla Indian Reservation must: (1) Apply for a
permit to conduct an agricultural burn; (2) obtain approval of the
permit on the day of the burn, (3) have the permit available on-site
during the agricultural burn; and (4) conduct the burn in accordance
with the terms and conditions of the permit. This agricultural burning
permit program is a smoke management program under which final
approvals to conduct burns are given on a daily basis. Prior to the
requested burn days, farmers will have received preliminary permits
that are effective only after the daily approvals are given. All
burning activities must also comply with the General rule for open
burning (Sec. 49.131) or the EPA-approved Tribal open burning rules in
a TIP, as applicable. EPA anticipates that the Nez Perce and Umatilla
Tribes will seek partial delegation to administer portions of this rule
on their respective reservations.
As with the general open burning permit rule and forestry and
silvicultural burning permit rules at Sec. Sec. 49.132 and 49.134,
anyone who wants to conduct agricultural burning on the Nez Perce
Reservation after the effective date of the FARR must first apply for
and obtain approval of a permit for agricultural burning. For the
Umatilla Indian Reservation, anyone who wants to conduct agricultural
burning after January 1, 2007 must first apply for and obtain approval
of a permit for agricultural burning. The provisions for approving
agricultural burning permits are revised to simplify and streamline the
process. The final rule provides EPA and delegated Tribes the
flexibility to implement smoke management programs that, on a day-to-
day operational basis, resemble those of neighboring jurisdictions or
represent a typical program.
Section 49.134--Forestry and silvicultural burning permits. Under
the final rule, any person who wants to conduct a forestry or
silvicultural burn on the Nez Perce Reservation and the Umatilla Indian
Reservation must: (1) Apply for a permit to conduct a forestry or
silvicultural burn; (2) obtain approval of the permit on the day of the
burn, (3) have the permit available on-site during the forestry or
silvicultural burn; and (4) conduct the burn in accordance with the
terms and conditions of the permit. This forestry and silvicultural
burning permit program is a smoke management program under which final
approvals to conduct burns are given on a daily basis. Prior to the
requested burn days, land owners will have received preliminary permits
that are effective only after the daily approvals are given. All
burning activities must also comply with the General rule for open
burning (Sec. 49.131) or the EPA-approved Tribal open burning rules in
a TIP, as applicable. EPA anticipates that the Nez Perce and Umatilla
Tribes will seek partial delegation to administer portions of this rule
on their respective reservations.
As with the general open burning permit and agricultural burning
permit rules at Sec. Sec. 49.132 and 49.133, anyone who wants to
conduct forestry or silvicultural burning on the Nez Perce Reservation
after the effective date of the FARR must first apply for and obtain
approval of a permit for forestry or silvicultural burning. For the
Umatilla Indian Reservation, anyone who wants to conduct forestry or
silvicultural burning after January 1, 2007 must first apply for and
obtain approval of a permit for forestry or silvicultural burning. The
provisions for approving forestry and silvicultural burning permits are
revised to simplify and streamline the process. The final rule provides
EPA and delegated Tribes the flexibility to implement smoke management
programs that, on a day-to-day operational basis, resemble those of
neighboring jurisdictions or represent a typical program.
Section 49.135--Emissions detrimental to public health or welfare.
Under this section, an owner or operator of an air pollution source is
not allowed to cause or allow the emission of any air pollutants, in
sufficient quantities and of such characteristics and duration, that
the Regional Administrator determines causes or contributes to a
violation of any NAAQS; or is presenting an imminent and substantial
endangerment to public health or welfare, or the environment. If the
Regional Administrator makes such a determination under this section,
the Regional Administrator may require the source to install air
pollution controls or to take reasonable precautions to reduce or
prevent the emissions. The requirements would be established in a
permit to construct or permit to operate.
The final rule is revised in response to comments that the standard
of ``is, or would likely be, injurious to human health and welfare'' is
too vague. We revised the rule to use language from section 303 of the
Act, which reads ``is presenting an imminent and substantial
endangerment to public health or welfare, or the environment.'' We
think that the final rule will allow us to address many of the same
situations covered by the proposed rule language, while addressing the
concerns raised by commenters that the proposed language is vague.
Section 49.137--Air pollution episodes. Under Sec. 49.137, the
Regional Administrator is authorized to issue warnings about air
quality that apply to any person who owns or operates an air pollution
source on an Indian reservation. The Regional Administrator may issue
an air stagnation advisory when meteorological conditions are conducive
to the buildup of air pollution. The Regional Administrator may declare
an air pollution alert, air pollution warning, or air pollution
emergency whenever it is determined that the accumulation of air
pollutants in any place is approaching, or has reached, levels that
could lead to a threat to human health. Once EPA determines that it is
appropriate to issue an air stagnation advisory or declare an air
pollution alert, air pollution warning, or air pollution emergency, EPA
will communicate this information to the affected public. These
announcements will indicate that air pollution levels exist that could
potentially be harmful to human health, describe actions that people
can take to reduce exposure, request voluntary actions to reduce
emissions from sources of air pollutants, and indicate that a ban on
open burning is in effect. A ban on open burning goes into effect
whenever the Regional Administrator issues an air stagnation advisory
or declares an air pollution alert, air pollution warning, or air
pollution emergency.
The final rule is revised in response to public comments to
indicate that the
[[Page 18090]]
Regional Administrator, and not the National Weather Service, will
issue air stagnation advisories for the purposes of this rule because
the National Weather Service no longer does this at all of its offices.
The final rule is also revised to clarify that the issuance of an air
stagnation advisory or the declaration of an air pollution alert,
warning, or emergency is a discretionary action on the part of the
Regional Administrator. The final rule is also revised to better
coordinate the burn ban provisions under this section and Sec. 49.131,
General rule for open burning.
Section 49.138--Registration of air pollution sources and reporting
of emissions. Any person who owns or operates an air pollution source,
except those expressly exempted from this section, will be required to
annually register the source with EPA and report emissions. A person
subject to this section must register an existing air pollution source
by no later than February 15, 2007. A new air pollution source that is
not exempt must register within 90 days after beginning operation. A
new air pollution sources is defined as a source that begins actual
construction after the effective date of this rule, and an existing air
pollution source is a source that exists as of the effective date of
this rule or has begun actual construction before the effective date of
this rule. Sources must re-register each year and provide updates on
any changes to the information provided in the previous registration.
In addition, a person must promptly report any changes in ownership,
location or operation. All registration information and reports must be
submitted on forms provided by the Regional Administrator. The
following sources are exempt from this section, unless the source is
subject to a standard established under section 111 or section 112 of
the CAA: air pollution sources that do not have the potential to emit
more than two tons per year of any air pollutant; mobile sources;
single-family residences and residential buildings with four or fewer
units; air conditioning units used for human comfort that do not
exhaust air pollutants into the atmosphere from any manufacturing or
industrial process; ventilating units used for human comfort that do
not exhaust air pollutants into the atmosphere from any manufacturing
or industrial process; furnaces and boilers used exclusively for space
heating with a rated heat input capacity of less than 400,000 Btu per
hour; cooking of food, except for wholesale businesses that both cook
and sell cooked food; consumer use of office equipment and products;
janitorial services and consumer use of janitorial products;
maintenance and repair activities, except for air pollution sources
engaged in the business of maintaining and repairing equipment;
agricultural activities and forestry and silvicultural activities,
including agricultural burning and forestry and silvicultural burning;
and open burning. Sources subject to a standard established under
section 111 or section 112 of the CAA must register.
EPA changed the date when initial registration is due for existing
sources from one year after the effective date of the rule to February
15, 2007. This revision will provide time for sources to have a
complete year's worth of data to submit and will provide time for
outreach and education to the regulated community on the rule
requirements. The final rule is revised to exempt air pollution sources
with relatively insignificant emissions from the requirement to
register and report emissions. Specifically, sources that do not have
the potential to emit more than two tons per year of any air pollutant
are exempt. The final definition of ``air pollution source'' is also
revised to clarify that the two tons per year exemption applies to the
combined emissions from all of the buildings, structures, facilities,
installations, activities, and equipment at a location. The proposed
rule exempted from registration a list of categories of sources that
EPA considered to produce only de minimis levels of pollutants or would
be an unreasonable administrative burden to register. However, sources
not within the listed categories would have been required to register,
regardless of how little air pollution is emitted by the source. EPA
believes that an accurate inventory of sources and emissions can be
assembled for purposes of air quality management without requiring
these sources with small or de minimis emission levels to register.
This is the same cutoff EPA uses to define insignificant emissions in
the Federal operating permits rule at 40 CFR 71.5(c)(11)(ii)(A).
Exempting small sources of emissions from the registration rule is also
consistent with EPA's objective of minimizing the implementation
burdens upon EPA and the regulated community. It is important to note
that, irrespective of emission levels, any stationary source subject to
a standard established under section 111 or section 112 of the Act is
not exempt and must register. EPA also modified two of the categorical
exemptions to reduce the burden of this section on EPA and the
regulated industry. Retail businesses that both cook and sell cooked
food (restaurants) are exempt from this section and all air
conditioning units that do not exhaust air pollutants into the
atmosphere from any manufacturing or industrial process are exempt from
registration regardless of whether they are subject to Title VI. EPA
believes that most of these sources would be de minimis and that the
burden of registering these sources outweighs the benefits of the
information we would gain, and therefore, EPA is revising the exemption
list.
The final rule also is revised to exempt part 71 sources from some
of the provisions of this section. Part 71 sources are only required to
annually report their actual emissions. To reduce the sources'
reporting burden, this annual report is to be submitted at the same
time as the part 71 source's annual emission report and fee calculation
worksheet as required by part 71 or by the source's part 71 permit.
The final rule also is revised to clarify the information that must
be submitted with the initial and annual registration as well as the
information that must be submitted along with any report of relocation
or change of ownership. The final rule also clarifies the pollutants
for which emissions information must be submitted. This list of
pollutants is consistent with those required to be addressed in
implementation plans and to be reported in accordance with the new
emissions inventory reporting requirements at 40 CFR part 51, subpart
A.
Section 49.139--Rule for non-Title V operating permits. This
section creates a permitting program that can be used to establish
Federally-enforceable requirements for air pollution sources on Indian
reservations. This section applies in the following three situations:
(1) The owner or operator of any source wishes to obtain a Federally-
enforceable limitation on the source's actual emissions or potential to
emit and submits an application to the Regional Administrator
requesting such a limitation; (2) the Regional Administrator determines
that additional Federally-enforceable requirements for a source are
necessary to ensure compliance with the FIP or, if applicable, TIP; or
(3) the Regional Administrator determines that additional Federally-
enforceable requirements for a source are necessary to ensure the
attainment and maintenance of any NAAQS or PSD increment. In these
three situations, the Regional Administrator may write the operating
permit, following the consultation and public comment procedures
described in this section.
[[Page 18091]]
Also note that under this provision, a source that would require a part
71 Federal operating permit only because it is currently a major
stationary source may obtain an operating permit under this section
that limits its potential to emit to below major source thresholds so
that the source is not subject to part 71.
The final rule is revised to clarify that the public will have an
opportunity to request a public hearing on any draft permit. If EPA
decides to hold a public hearing, we will look to the procedures in 40
CFR parts 124 and 71 for guidance.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or Tribal, State, or local governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, EPA has determined
that this final rule is a ``significant regulatory action'' because it
may raise novel legal or policy issues. This marks the first time that,
under the CAA, EPA has promulgated FIPs for specific reservations that
would be generally applicable to all sources within the exterior
boundaries of those reservations.
However, EPA's analysis indicates that this rulemaking will not
have a significant economic impact. EPA is finding that many sources on
Indian reservations have historically been following similar air
programs that are established by State and local agencies acting under
State law or local rules. Although EPA has not approved SIPs as
extending into Indian country under the CAA, nevertheless, some sources
located on Indian reservations have made efforts to follow those
programs. Most industrial sources on the Region 10 reservations have
installed or upgraded air pollution control equipment to conform with
State or local air programs without challenging the authority of those
agencies within Indian country. As a result, these sources already have
pollution controls that would meet State and local requirements.
As discussed above in sections I and II.A, this final rule will
establish regulatory requirements for sources under the authority of
the CAA that are substantially similar to the requirements of adjacent
jurisdictions that most sources already meet. Thus, it is EPA's
expectation that these rules will not impose significant costs or
require significant changes at regulated sources. Nevertheless, because
of the limited precedent this final rule would set, this action was
submitted to OMB for review. Any written comments from OMB to EPA, any
written EPA response to those comments, and any changes made in
response to OMB suggestions or recommendations are included in the
docket. The docket is available for public inspection at the EPA's Air
Docket Section in Washington D.C. and at EPA Region 10 in Seattle,
Washington. See the ADDRESSES section of this preamble for specific
addresses and times when the docket may be reviewed.
B. Paperwork Reduction Act
The OMB has approved the information collection requirements
contained in this rule under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0558 (ICR No. 2020.02).
The FIPs in this final rule include information collection
requirements associated with the fugitive particulate matter rule in
Sec. 49.126, the woodwaste burner rule in Sec. 49.127; the rule for
limiting sulfur in fuels in Sec. 49.130; the rule for open burning in
Sec. 49.131; the rules for general open burning permits, agricultural
burning permits, and forestry and silvicultural burning permits in
Sec. Sec. 49.132, 49.133, and 49.134; the registration rule in Sec.
49.138; and the rule for non-Title V operating permits in Sec. 49.139.
EPA believes these information collection requirements are appropriate
because they will enable EPA to develop and maintain accurate records
of air pollution sources and their emissions, allow EPA to issue
permits or approvals, and ensure appropriate records are available to
verify compliance with these FIPs. The information collection
requirements listed above are all mandatory, except for the voluntary
requirements in Sec. 49.131, Sec. 49.132, Sec. 49.133, Sec. 49.134,
and the owner-requested operating permits in Sec. 49.139. Regulated
entities can assert claims of business confidentiality and EPA would
treat these claims in accordance with the provisions of 40 CFR part 2,
subpart B.
The reporting and recordkeeping burden for this collection of
information is described below. Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
EPA estimates that the owners or operators of facilities affected
by this final rule will incur a total, for all affected facilities, of
$114,803 in annualized labor costs and $17,475 in annualized non-labor
costs to comply with the information collection requirements of this
rule over the first three years.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. In addition, EPA is
amending the table in 40 CFR part 9 of currently approved OMB control
numbers for various regulations to list the regulatory citations for
the information requirements contained in this final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
[[Page 18092]]
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, a small entity is defined as: (1) A small business as defined
by the RFA (based on Small Business Administration size standards); (2)
a small governmental jurisdiction that is a government of a city,
county, town, school district, or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's final rule on
small entities, we certify that this action will not have a significant
economic impact on a substantial number of small entities. The economic
analysis that EPA prepared for this rule shows the total annual
compliance costs of the final rule to be approximately $1,500 per small
business operating on the affected Indian reservations. The cost-to-
sales ratio for small business entities is expected to be less than one
percent for all facilities, even when the worst-case scenario is
applied. EPA identified 114 small businesses and one small non-Tribal
government that will be affected by this rule on the 39 reservations.
Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. Where
appropriate, EPA has included a number of exemptions in this rule to
reduce impacts on small entities. Included are exemptions for sources
considered sufficiently small, such as households or the owners of
mobile sources. In addition, in order to better understand the
implications of this rule on small entities operating on affected
Indian reservations, EPA consulted extensively with Tribal governments
regarding the potential impacts of this rule, as part of the
consultations with Tribal representatives (see section F below).
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on Tribal, State, and local
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to Tribal, State, and local governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this final rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
Tribal, State, and local governments, in the aggregate, or the private
sector in any one year. With regard to State and local governments,
there is no expenditure because these rules only apply on Indian
reservations. With regard to Tribal governments, there is no
expenditure to implement and enforce the rule because the rule provides
that EPA will administer the program unless a Tribe chooses to assist
EPA. In such a case, EPA will seek to provide funding to support these
efforts. Thus, today's rule is not subject to the requirements of
sections 202 and 205 of UMRA.
In developing this rule, EPA consulted with small governments
pursuant to its interim plan established under section 203 of the UMRA
to address impacts of regulatory requirements in the rules that might
significantly or uniquely affect small governments. As explained in the
discussion of Executive Order 13175 in section F below, among other
things, we notified all potentially affected Tribal governments of the
requirements in this rule. Further, although there are no significant
Federal intergovernmental mandates, we provided officials of all
potentially affected Tribal governments an opportunity for meaningful
and timely input in the development of the regulatory proposals.
Finally, through consultation meetings and other forums, we will
continue to keep Tribal governments involved by providing them with
opportunities for learning about and receiving advice on compliance
with the regulatory requirements.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.''
``Policies that have Federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has Federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that had Federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
This final rule does not have Federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. These rules only prescribe
regulations for facilities in areas where a State does not administer
an approved CAA program, and thus does not have any direct effect on
any State. Moreover, it does not alter the relationship or the
distribution of power
[[Page 18093]]
and responsibilities established in the CAA. Thus, Executive Order
13132 does not apply to this final rule.
EPA provided advance copies of the draft proposed rule to State and
local authorities in Idaho, Oregon, and Washington. All three States
and several local air agencies wrote comment letters in support of the
rule. Generally, the States are pleased that EPA is developing a rule
for Indian reservations, as the rule will create more parity in the
regulatory environment between 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 solicited input on this rule from State
and local officials well in advance of publishing the proposed rule,
and we also received many comments from State and local agencies during
the public comment period that we considered in developing the final
rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by Tribal officials in the development of regulatory
policies that have Tribal implications.'' ``Policies that have Tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian Tribes, on
the relationship between the Federal government and the Indian Tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian Tribes.''
Under section 5(b) of Executive Order 13175, EPA may not issue a
regulation that has Tribal implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by Tribal governments, or EPA consults with
Tribal officials early in the process of developing the proposed
regulation. Under section 5(c) of Executive Order 13175, EPA may not
issue a regulation that has Tribal implications and that preempts
Tribal law, unless the Agency consults with Tribal officials early in
the process of developing the proposed regulation.
EPA has concluded that this final rule will have Tribal
implications. These regulations would significantly affect specific
Indian reservation communities by filling the gap in air quality
regulations and thus creating a level of air quality protection not
previously provided under the CAA. However, the air quality
requirements promulgated here are applicable broadly to all sources
within the identified Indian reservation areas, and are not uniquely
applicable to Tribal governments. The gap-filling approach used in this
rule would create Federal requirements similar to those that are
already in place in jurisdictions adjacent to the reservations covered
by the proposal. Tribal governments may incur some compliance costs in
meeting those requirements that apply to sources they own or operate;
however, the economic impacts analysis does not indicate that those
costs will be significant. Finally, although Tribal governments are
encouraged to partner with EPA on the implementation of these
regulations, they are not required to do so. EPA will seek to provide
funding to Tribes that apply for partial delegation of administrative
authority to administer specific provisions to support their
activities. Since this final rule will neither impose substantial
direct compliance costs on Tribal governments, nor preempt Tribal law,
the requirements of sections 5(b) and 5(c) of the Executive Order do
not apply to this rule.
Consistent with EPA policy, EPA consulted with Tribal officials and
representatives of Tribal governments early in the process of
developing this regulation to permit them to have meaningful and timely
input into its development. The concept for this final rule grew from
discussions related to implementation of the CAA and the TAR with
Tribes throughout Region 10 who are engaged in developing Tribal air
quality programs. EPA Region 10 began assembling an inventory of air
pollution sources in 1995, and EPA has been working with Tribes and
other air management agencies since then to better determine the need
for specific rules and to evaluate alternatives for Tribal and Federal
programs.
In 1999 and 2000, EPA consulted with interested Tribal leaders,
managers, technical staff, and attorneys to obtain their views and
input on the development of the proposed rule. The Administrative
Requirements section of the Federal Register notice for the proposed
rule (67 FR 11748) contains a summary of the early consultation
process, and the Consultation Record in the docket provides detailed
information on the consultations. Based on these discussions and the
inventory of air pollution sources, EPA proposed, and promulgates
today, a rule that is tailored to the air quality issues of the
reservations in Idaho, Oregon, and Washington.
The proposed rule was published on March, 15, 2002. EPA received
written comments from seven of the 42 Tribes in Idaho, Oregon, and
Washington. Following publication of the proposed rule and review of
all comments received, EPA offered Tribes consultation on the rule. In
September, October, and November of 2003, EPA met with a number of
Tribes. The purpose of these meetings was to discuss a range of options
EPA was considering as a result of the public comment received on the
proposed rule and to obtain Tribal views and input on these options.
EPA also held three conference calls with Tribes to discuss these
options and sent three letters to the Tribal governments of all Tribes
in Idaho, Oregon, and Washington to inform them of the opportunities to
consult. In total, approximately 22 Tribes participated in these
consultation opportunities. Please see the Consultation Record in the
docket for this rule for more detailed information on the
consultations.
As required by section 7(a), EPA's Tribal Consultation Official has
certified that the requirements of the Executive Order have been met in
a meaningful and timely manner. A copy of the certification is included
in the Consultation Record.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This final rule is not subject to the Executive Order because it is
not economically significant as defined in Executive Order 12866.
Further, it does not concern an environmental health or safety risk
that EPA has reason to believe may have disproportionate effect on
children.
[[Page 18094]]
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This final rule is not a ``significant energy action'' as defined
in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. We have
concluded that this rule is not likely to have any adverse energy
effects, because most of the facilities affected already have the
pollution controls in place to enable them to comply with these rules.
I. NTTAA National Technology Transfer and Advancement Act
As noted in the proposed rule, section 12(d) of NTTAA, Public Law
No. 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
that are developed or adopted by voluntary consensus standards bodies.
The NTTAA directs EPA to provide Congress, through OMB, explanations
when the Agency decides not to use available and applicable voluntary
standards.
This final rule includes a number of voluntary consensus standards
developed or adopted by ASTM International, which are listed below in
Sec. 49.123(e) for incorporation by reference. In response to a
comment on the proposed rule by ASTM International, the final rule
includes the latest update for each standard and method. This final
rule also includes a number of generally accepted test methods
previously promulgated by EPA in other Federal rulemakings. We have not
created any new EPA standards or test methods for use in this rule.
J. Congressional Review Act
The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective June 7, 2005.
K. Executive Order 12898: Environmental Justice Strategy
Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations,'' (59 FR
7629, February 19, 1994) requires each Federal agency to address and
identify ``disproportionally high and adverse human health or
environmental effects of its programs, policies, and activities on
minority and low-income population'' (section 1.1).
This rule is designed to protect human health and air quality
resources on Indian reservations in Idaho, Oregon, and Washington.
Although there are non-Indians living and/or working on some of the
reservations, the populations primarily affected by these rules are
minorities, because most people living on the majority of affected
reservations are American Indians. These reservations tend to have very
low per capita incomes relative to the U.S. average, with a large
percentage of the population below the poverty line. Therefore, the
people living where this rule applies tend to be low income, as well as
a minority. This final rule will not impose any negative environmental
impacts on the people on the affected reservations. Therefore, there is
no environmental justice concern in this case because this rule will
improve human health and environmental conditions of a disadvantaged
population in Region 10.
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 7, 2005. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 49
Environmental protection, Air pollution control, Administrative
practice and procedure, Incorporation by reference, Indians,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: March 25, 2005.
Stephen L. Johnson,
Acting Administrator.
0
For the reasons set out in the preamble, Parts 9 and 49, title 40,
chapter I of the Code of Federal Regulations are amended to read as
follows:
PART 9--[AMENDED]
0
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
0
2. In Sec. 9.1 the table is amended by removing the heading ``Indian
Tribes: Air Quality Planning and Management'' and adding in its place
the heading ``Tribal Clean Air Act Authority'' and by adding the
following entries in numerical order to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
* * * * *
Tribal Clean Air Act Authority
* * * * *
49.126(e)(1)(i)......................................... 2060-0558
49.126(e)(1)(iii)....................................... 2060-0558
49.126(e)(1)(v)......................................... 2060-0558
49.127(e)............................................... 2060-0558
49.130(f)(1)-(2)........................................ 2060-0558
49.131(c)(4)-(5)........................................ 2060-0558
49.132(d)(1)............................................ 2060-0558
49.132(e)(1)............................................ 2060-0558
49.133(c)(1)............................................ 2060-0558
49.133(d)(1)............................................ 2060-0558
49.134(c)(1)............................................ 2060-0558
49.134(d)(1)............................................ 2060-0558
49.138(d)-(f)........................................... 2060-0558
49.139(c)(1)............................................ 2060-0558
49.139(d)............................................... 2060-0558
[[Page 18095]]
49.139(e)(2)............................................ 2060-0558
* * * * *
------------------------------------------------------------------------
PART 49--TRIBAL CLEAN AIR ACT AUTHORITY
0
3. The authority citation for part 49 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Part 49 is amended by adding subpart C to read as follows:
Subpart C--General Federal Implementation Plan Provisions
Sec.
49.101-49.120 [Reserved]
General Rules for Application to Indian Reservations in EPA Region 10
49.121 Introduction.
49.122 Partial delegation of administrative authority to a Tribe.
49.123 General provisions.
49.124 Rule for limiting visible emissions.
49.125 Rule for limiting the emissions of particulate matter.
49.126 Rule for limiting fugitive particulate matter emissions.
49.127 Rule for woodwaste burners.
49.128 Rule for limiting particulate matter emissions from wood
products industry sources.
49.129 Rule for limiting emissions of sulfur dioxide.
49.130 Rule for limiting sulfur in fuels.
49.131 General rule for open burning.
49.132 Rule for general open burning permits.
49.133 Rule for agricultural burning permits.
49.134 Rule for forestry and silvicultural burning permits.
49.135 Rule for emissions detrimental to public health or welfare.
49.136 [Reserved]
49.137 Rule for air pollution episodes.
49.138 Rule for the registration of air pollution sources and the
reporting of emissions.
49.139 Rule for non-Title V operating permits.
49.140-49.200 [Reserved]
Subpart C--General Federal Implementation Plan Provisions
Sec. Sec. 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 the ``General Rules for Application to
Indian Reservations in EPA Region 10''? These ``General Rules for
Application to Indian Reservations in EPA Region 10'' establish
emission limitations and other requirements for air pollution sources
located within Indian reservations in Idaho, Oregon, and Washington
that are appropriate in order to ensure a basic level of air pollution
control and to protect public health and welfare.
(b) How were these ``General Rules for Application to Indian
Reservations in EPA Region 10'' developed? These ``General Rules for
Application to Indian Reservations in EPA Region 10'' were developed in
consultation with the Indian Tribes located in Idaho, Oregon, and
Washington and with input from the public and State and local
governments in Region 10. These general rules take into consideration
the current air quality situations within Indian reservations, the
known sources of air pollution, the needs and concerns of the Indian
Tribes in that portion of Region 10, and the air quality rules in
adjacent jurisdictions.
(c) When are these ``General Rules for Application to Indian
Reservations in EPA Region 10'' applicable to sources on a particular
Indian reservation? These ``General Rules for Application to Indian
Reservations in EPA Region 10'' apply to air pollution sources on a
particular Indian reservation when EPA has specifically promulgated one
or more rules for that reservation. Rules will be promulgated through
notice and comment rulemaking and will be specifically identified in
the implementation plan for that reservation in Subpart M--
Implementation Plans for Tribes--Region 10, of this part. These
``General Rules for Application to Indian Reservations in EPA Region
10'' apply only to air pollution sources located within the exterior
boundaries of an Indian reservation or other reservation lands
specified in subpart M of this part.
Sec. 49.122 Partial delegation of administrative authority to a
Tribe.
(a) What is the purpose of this section? The purpose of this
section is to establish the process by which the Regional Administrator
may delegate to an Indian Tribe partial authority to administer one or
more of the Federal requirements in effect in subpart M of this part
for a particular Indian reservation. The Federal requirements
administered by the delegated Tribe will be subject to enforcement by
EPA under Federal law. This section provides for administrative
delegation and does not affect the eligibility criteria under Sec.
49.6 for treatment in the same manner as a State.
(b) How does a Tribe request partial delegation of administrative
authority? In order to be delegated authority to administer one or more
of the Federal requirements that are in effect in subpart M of this
part for a particular Indian reservation, the Tribe must submit a
request to the Regional Administrator that:
(1) Identifies the specific provisions for which delegation is
requested;
(2) Identifies the Indian reservation for which delegation is
requested;
(3) Includes a statement by the applicant's legal counsel (or
equivalent official) that includes the following information:
(i) A statement that the applicant is an Indian Tribe recognized by
the Secretary of the Interior;
(ii) A descriptive statement demonstrating that the applicant is
currently carrying out substantial governmental duties and powers over
a defined area and that it meets the requirements of Sec. 49.7(a)(2);
and
(iii) A description of the laws of the Indian Tribe that provide
adequate authority to carry out the aspects of the provisions for which
delegation is requested; and
(4) Demonstrates that the Tribe has, or will have, the technical
capability and adequate resources to carry out the aspects of the
provisions for which delegation is requested.
(c) How is the partial delegation of administrative authority
accomplished?
(1) A Partial Delegation of Administrative Authority Agreement will
set forth the terms and conditions of the delegation, will specify the
provisions that the Tribe will be authorized to administer on behalf of
EPA, and will be entered into by the Regional Administrator and the
Tribe. The Agreement will become effective upon the date that both the
Regional Administrator and the Tribe have signed the Agreement. Once
the delegation becomes effective, the Tribe will have the authority
under the Clean Air Act, to the extent specified in the Agreement, for
administering one or more of the Federal requirements that are in
effect in subpart M of this part for the particular Indian reservation
and will act on behalf of the Regional Administrator.
(2) A Partial Delegation of Administrative Authority Agreement may
be modified, amended, or revoked, in part or in whole, by the Regional
Administrator after consultation with the Tribe. Any substantive
modifications or amendments will be subject to the procedures in
paragraph (d) of this section.
(d) How will any partial delegation of administrative authority be
publicized?
(1) Prior to making any final decision to delegate partial
administrative authority to a Tribe under this section, EPA will
consult with appropriate
[[Page 18096]]
governmental entities outside of the specified reservation and city and
county governments located within the boundaries of the specified
reservation.
(2) The Regional Administrator will publish a notice in the Federal
Register informing the public of any Partial Delegation of
Administrative Authority Agreement for a particular Indian reservation
and will note such delegation in the implementation plan for the Indian
reservation. The Regional Administrator will also publish an
announcement of the partial delegation agreement in local newspapers.
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 emitted from an air pollution source. For an
existing air pollution source, the actual emissions are the actual rate
of emissions for the preceding calendar year and must be calculated
using the actual operating hours, production rates, in-place control
equipment, and types of materials processed, stored, or combusted
during the preceding calendar year. For a new air pollution source that
did not operate during the preceding calendar year, the actual
emissions are the estimated actual rate of emissions for the current
calendar year.
Administrator means the Administrator of the United States
Environmental Protection Agency (EPA) or an authorized representative
of the Administrator.
Agricultural activities means the usual and customary activities of
cultivating the soil, producing crops, and raising livestock for use
and consumption. Agricultural activities do not include manufacturing,
bulk storage, handling for resale, or the formulation of any
agricultural chemical.
Agricultural burning means burning of vegetative debris from an
agricultural activity that is necessary for disease or pest control, or
for crop propagation and/or crop rotation.
Air pollutant means any air pollution agent or combination of such
agents, including any physical, chemical, biological, radioactive
(including source material, special nuclear material, and by-product
material) substance or matter that is emitted into or otherwise enters
the ambient air. Such term includes any precursors to the formation of
any air pollutant, to the extent the Administrator has identified such
precursor or precursors for the particular purpose for which the term
air pollutant is used.
Air pollution source (or source) means any building, structure,
facility, installation, activity, or equipment, or combination of
these, that emits, or may emit, an air pollutant.
Allowable emissions means the emission rate of an air pollution
source calculated using the maximum rated capacity of the source
(unless the source is subject to Federally-enforceable limits that
restrict the operating rate, hours of operation, or both) and the most
stringent of the following:
(1) The applicable standards in 40 CFR parts 60, 61, 62, and 63;
(2) The applicable implementation plan emission limitations,
including those with a future compliance date; or
(3) The emissions rates specified in Federally-enforceable permit
conditions.
Ambient air means that portion of the atmosphere, external to
buildings, to which the general public has access.
British thermal unit (Btu) means the quantity of heat necessary to
raise the temperature of one pound of water one degree Fahrenheit.
Coal means all fuels classified as anthracite, bituminous, sub-
bituminous, or lignite by ASTM International in ASTM D388-99
(Reapproved 2004)[egr]1, Standard Classification of Coals by
Rank (incorporated by reference, see Sec. 49.123(e)).
Combustion source means any air pollution source that combusts a
solid fuel, liquid fuel, or gaseous fuel, or an incinerator.
Continuous emissions monitoring system (CEMS) means the total
equipment used to sample, condition (if applicable), analyze, and
provide a permanent record of emissions.
Continuous opacity monitoring system (COMS) means the total
equipment used to sample, analyze, and provide a permanent record of
opacity.
Distillate fuel oil means any oil meeting the specifications of
ASTM Grade 1 or Grade 2 fuel oils in ASTM Method D396-04, Standard
Specification for Fuel Oils (incorporated by reference, see Sec.
49.123(e)).
Emission means a direct or indirect release into the atmosphere of
any air pollutant, or air pollutants released into the atmosphere.
Emission factor means an estimate of the amount of an air pollutant
that is released into the atmosphere, as the result of an activity, in
terms of mass of emissions per unit of activity (for example, the
pounds of sulfur dioxide emitted per gallon of fuel burned).
Emission unit means any part of an air pollution source that emits,
or may emit, air pollutants into the atmosphere.
Federally enforceable means all limitations and conditions that are
enforceable by the Administrator.
Forestry or silvicultural activities means those activities
associated with regeneration, growing, and harvesting of trees and
timber including, but not limited to, preparing sites for new stands of
trees to be either planted or allowed to regenerate through natural
means, road construction and road maintenance, fertilization, logging
operations, and forest management techniques employed to enhance the
growth of stands of trees or timber.
Forestry or silvicultural burning means burning of vegetative
debris from a forestry or silvicultural activity that is necessary for
disease or pest control, reduction of fire hazard, reforestation, or
ecosystem management.
Fuel means any solid, liquid, or gaseous material that is combusted
in order to produce heat or energy.
Fuel oil means a liquid fuel derived from crude oil or petroleum,
including distillate oil, residual oil, and used oil.
Fugitive dust means a particulate matter emission made airborne by
forces of wind, mechanical disturbance of surfaces, or both. Unpaved
roads, construction sites, and tilled land are examples of sources of
fugitive dust.
Fugitive particulate matter means particulate matter emissions that
do not pass through a stack, chimney, vent, or other functionally
equivalent opening. Fugitive particulate matter includes fugitive dust.
Garbage means food wastes.
Gaseous fuel means any fuel that exists in a gaseous state at
standard conditions including, but not limited to, natural gas,
propane, fuel gas, process gas, and landfill gas.
Grate cleaning means removing ash from fireboxes.
Hardboard means a flat panel made from wood that has been reduced
to basic wood fibers and bonded by adhesive properties under pressure.
Heat input means the total gross calorific value [where gross
calorific value is measured by ASTM Method D240-02, D1826-94(Reapproved
2003), D5865-04, or E711-87(Reapproved 2004) (incorporated by
reference, see Sec. 49.123(e))] 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
[[Page 18097]]
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, nonroad
vehicles, nonroad engines, and marine vessels.
Motor vehicle means any self-propelled vehicle designed for
transporting people or property on a street or highway.
New air pollution source means an air pollution source that begins
actual construction after the effective date of the ``General Rules for
Application to Indian Reservations in EPA Region 10''.
Noncombustibles means materials that are not flammable, capable of
catching fire, or burning.
Nonroad engine means:
(1) Except as discussed below, any internal combustion engine:
(i) In or on a piece of equipment that is self-propelled or that
serves a dual purpose by both propelling itself and performing another
function (such as garden tractors, off-highway mobile cranes, and
bulldozers); or
(ii) In or on a piece of equipment that is intended to be propelled
while performing its function (such as lawnmowers and string trimmers);
or
(iii) That, by itself or in or on a piece of equipment, is portable
or transportable, meaning designed to be and capable of being carried
or moved from one location to another. Indicia of transportability
include, but are not limited to, wheels, skids, carrying handles,
dolly, trailer, or platform.
(2) An internal combustion engine is not a nonroad engine if:
(i) The engine is used to propel a motor vehicle or a vehicle used
solely for competition, or is subject to standards promulgated under
section 202 of the Act; or
(ii) The engine is regulated by a Federal new source performance
standard promulgated under section 111 of the Act; or
(iii) The engine that is otherwise portable or transportable
remains or will remain at a location for more than 12 consecutive
months or a shorter period of time for an engine located at a seasonal
source. A location is any single site at a building, structure,
facility, or installation. Any engine (or engines) that replaces an
engine at a location and that is intended to perform the same or
similar function as the engine replaced will be included in calculating
the consecutive time period. An engine located at a seasonal source is
an engine that remains at a seasonal source during the full annual
operating period of the seasonal source. For purposes of this
paragraph, a seasonal source is a stationary source that remains in a
single location on a permanent basis (i.e., at least 2 years) and that
operates at that single location approximately 3 months (or more) each
year. This paragraph does not apply to an engine after the engine is
removed from the location.
Nonroad vehicle means a vehicle that is powered by a nonroad engine
and that is not a motor vehicle or a vehicle used solely for
competition.
Oil-fired boiler means a furnace or boiler used for combusting fuel
oil for the primary purpose of producing steam or hot water by heat
transfer.
Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background. For
continuous opacity monitoring systems, opacity means the fraction of
incident light that is attenuated by an optical medium.
Open burning means the burning of a material that results in the
products of combustion being emitted directly into the atmosphere
without passing through a stack. Open burning includes burning in burn
barrels.
Owner or operator means any person who owns, leases, operates,
controls, or supervises an air pollution source.
Part 71 source means any source subject to the permitting
requirements of 40 CFR part 71, as provided in Sec. Sec. 71.3(a) and
71.3(b).
Particleboard means a matformed flat panel consisting of wood
particles bonded together with synthetic resin or other suitable
binder.
Particulate matter means any airborne finely divided solid or
liquid material, other than uncombined water. Particulate matter
includes, but is not limited to, PM10 and PM2.5.
Permit to construct or construction permit means a permit issued by
the Regional Administrator pursuant to 40 CFR part 49 or 40 CFR part
52, or a permit issued by a Tribe pursuant to a program approved by the
Administrator under 40 CFR part 51, subpart I, authorizing the
construction or modification of a stationary source.
Permit to operate or operating permit means a permit issued by the
Regional Administrator pursuant to Sec. 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 10 micrometers.
PM2.5 means particulate matter with an aerodynamic diameter less
than or equal to 2.5 micrometers.
Potential to emit means the maximum capacity of an air pollution
source to emit an air pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of the
air pollution source to emit an air pollutant, including air pollution
control equipment and restrictions on hours of operation or on the type
or amount of material combusted, stored, or processed, shall be treated
as part of its design if the limitation or the effect it would have on
emissions is Federally enforceable.
Press/Cooling vent means any opening through which particulate and
gaseous emissions from plywood, particleboard, or hardboard
manufacturing are exhausted, either by natural draft or powered fan,
from the building housing the process. Such openings are generally
located immediately above the board press, board unloader, or board
cooling area.
Process source means an air pollution source using a procedure or
combination of procedures for the purpose of causing a change in
material by either chemical or physical means, excluding combustion.
Rated capacity means the maximum sustainable capacity of the
equipment.
Reference method means any method of sampling and analyzing for an
air pollutant as specified in the applicable section.
Refuse means all solid, liquid, or gaseous waste material,
including but not limited to, garbage, trash, household
[[Page 18098]]
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 D396-04, Standard
Specification for Fuel Oils (incorporated by reference, see Sec.
49.123(e)).
Smudge pot means a portable heater/burner that produces thick heavy
smoke and that fruit growers place around an orchard in the evening to
prevent the crop from freezing at night.
Solid fuel means wood, refuse, refuse-derived fuel, tires, tire-
derived fuel, and other solid combustible material (other than coal),
including any combination thereof.
Solid fuel-fired boiler means a furnace or boiler used for
combusting solid fuel for the primary purpose of producing steam or hot
water by heat transfer.
Soot blowing means using steam or compressed air to remove carbon
from a furnace or from a boiler's heat transfer surfaces.
Source means the same as air pollution source.
Stack means any point in a source that conducts air pollutants to
the atmosphere, including, but not limited to, a chimney, flue,
conduit, pipe, vent, or duct, but not including a flare.
Standard conditions means a temperature of 293 degrees Kelvin (68
degrees Fahrenheit, 20 degrees Celsius) and a pressure of 101.3
kilopascals (29.92 inches of mercury).
Start-up means the setting into operation of a piece of equipment.
Stationary source means any building, structure, facility, or
installation that emits, or may emit, any air pollutant.
Tempering oven means any facility used to bake hardboard following
an oil treatment process.
Uncombined water means droplets of water that have not combined
with hygroscopic particles or do not contain dissolved solids.
Used oil means petroleum products that have been recovered from
another application.
Veneer means a single flat panel of wood not exceeding \1/4\ inch
in thickness formed by slicing or peeling from a log.
Veneer dryer means equipment in which veneer is dried.
Visible emissions means air pollutants in sufficient amount to be
observable to the human eye.
Wood means wood, wood residue, bark, or any derivative or residue
thereof, in any form, including but not limited to sawdust, sanderdust,
wood chips, scraps, slabs, millings, shavings, and processed pellets
made from wood or other forest residues.
Wood-fired boiler means a furnace or boiler used for combusting
wood for the primary purpose of producing steam or hot water by heat
transfer.
Wood-fired veneer dryer means a veneer dryer that is directly
heated by the products of combustion of wood in addition to, or
exclusive of, steam or natural gas or propane combustion.
Woodwaste burner means a wigwam burner, teepee burner, silo burner,
olivine burner, truncated cone burner, or other such woodwaste-burning
device used by the wood products industry for the disposal of wood
wastes.
(b) Requirement for testing. The Regional Administrator may
require, in a permit to construct or a permit to operate, that a person
demonstrate compliance with the ``General Rules for Application to
Indian Reservations in EPA Region 10'' by performing a source test and
submitting the test results to the Regional Administrator. A person may
also be required by the Regional Administrator, in a permit to
construct or permit to operate, to install and operate a continuous
opacity monitoring system (COMS) or a continuous emissions monitoring
system (CEMS) to demonstrate compliance. Nothing in the ``General Rules
for Application to Indian Reservations in EPA Region 10'' limits the
authority of the Regional Administrator to require, in an information
request pursuant to section 114 of the Act, a person to demonstrate
compliance by performing source testing, even where the source does not
have a permit to construct or a permit to operate.
(c) Requirement for monitoring, recordkeeping, and reporting.
Nothing in the ``General Rules for Application to Indian Reservations
in EPA Region 10'' precludes the Regional Administrator from requiring
monitoring, recordkeeping, and reporting, including monitoring,
recordkeeping, and reporting in addition to that already required by an
applicable requirement, in a permit to construct or permit to operate
in order to ensure compliance.
(d) Credible evidence. For the purposes of submitting compliance
certifications or establishing whether or not a person has violated or
is in violation of any requirement, nothing in the ``General Rules for
Application to Indian Reservations in EPA Region 10'' precludes the
use, including the exclusive use, of any credible evidence or
information relevant to whether a source would have been in compliance
with applicable requirements if the appropriate performance or
compliance test had been performed.
(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 EPA's Air and Radiation Docket and Information
Center, located at 1301 Constitution Avenue, NW, Room B102, Mail Code
6102T, Washington, D.C. 20004, at EPA Region 10, Office of Air, Waste,
and Toxics, 10th Floor, 1200 Sixth Avenue, Seattle, Washington 98101,
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(1) The materials listed below are available for purchase from at
least one of the following addresses: ASTM International, 100 Barr
Harbor Drive, West Conshohocken, Pennsylvania 19428-2959; or University
Microfilms International, 300 North Zeeb Road, Ann Arbor, Michigan
48106.
(i) ASTM D388-99(Reapproved 2004)[euro]1, Standard
Classification of Coals by Rank, Incorporation by reference (IBR)
approved for Sec. 49.123(a).
(ii) ASTM D396-04, Standard Specification for Fuel Oils, IBR
approved for Sec. 49.123(a).
(iii) ASTM D240-02, 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(Reapproved 2003), 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 D5865-04, Standard Test Method for Gross Calorific Value
of Coal and Coke, IBR approved for Sec. 49.123(a).
(vi) ASTM E711-87(Reapproved 2004) Standard Test Method for Gross
Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, IBR
approved for Sec. 49.123(a).
[[Page 18099]]
(vii) ASTM D2880-03, Standard Specification for Gas Turbine Fuel
Oils, IBR approved for Sec. 49.130(e)(1).
(viii) ASTM D4294-03, Standard Test Method for Sulfur in Petroleum
Products by Energy-Dispersive X-ray Fluorescence Spectroscopy, IBR
approved for Sec. 49.130(e)(1).
(ix) ASTM D6021-96(Reapproved 2001) [euro]1, 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 D3177-02, Standard Test Methods for Total Sulfur in the
Analysis Sample of Coal and Coke, IBR approved for Sec. 49.130(e)(2).
(xi) ASTM D4239-04a, 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 D2492-02, Standard Test Method for Forms of Sulfur in
Coal, IBR approved for Sec. 49.130(e)(2).
(xiii) ASTM E775-87(Reapproved 2004), 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(Reapproved 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(Reapproved 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 D5504-01, 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(Reapproved 2000), Standard Test Method for
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric
Colorimetry, IBR approved for Sec. 49.130(e)(4).
(xix) ASTM D2622-03, 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(Reapproved 2003), Standard Test Method for
Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by
Gas Chromatography and Flame Photometric Detection, IBR approved for
Sec. 49.130(e)(4).
Sec. 49.124 Rule for limiting visible emissions.
(a) What is the purpose of this section? This section limits the
visible emissions of air pollutants from certain air pollution sources
operating within the Indian reservation to control emissions of
particulate matter to the atmosphere and ground-level concentrations of
particulate matter, to detect the violation of other requirements in
the ``General Rules for Application to Indian Reservations in EPA
Region 10'', and to indicate whether a source is continuously
maintained and properly operated.
(b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source that emits, or
could emit, particulate matter or other visible air pollutants to the
atmosphere, unless exempted in paragraph (c) of this section.
(c) What is exempted from this section? This section does not apply
to open burning, agricultural activities, forestry and silvicultural
activities, non-commercial smoke houses, sweat houses or lodges, smudge
pots, furnaces and boilers used exclusively to heat residential
buildings with four or fewer dwelling units, fugitive dust from public
roads owned or maintained by any Federal, Tribal, State, or local
government, and emissions from fuel combustion in mobile sources.
(d) What are the opacity limits for air pollution sources?
(1) The visible emissions from an air pollution source must not
exceed 20% opacity, averaged over any consecutive six-minute period,
unless paragraph (d)(2) or (d)(3) of this section applies to the air
pollution source.
(2) The visible emissions from an air pollution source may exceed
the 20% opacity limit if the owner or operator of the air pollution
source demonstrates to the Regional Administrator's satisfaction that
the presence of uncombined water, such as steam, is the only reason for
the failure of an air pollution source to meet the 20% opacity limit.
(3) The visible emissions from an oil-fired boiler or solid fuel-
fired boiler that continuously measures opacity with a continuous
opacity monitoring system (COMS) may exceed the 20% opacity limit
during start-up, soot blowing, and grate cleaning for a single period
of up to 15 consecutive minutes in any eight consecutive hours, but
must not exceed 60% opacity at any time.
(e) What is the reference method for determining compliance?
(1) The reference method for determining compliance with the
opacity limits is EPA Method 9. A complete description of this method
is found in appendix A of 40 CFR part 60.
(2) An alternative reference method for determining compliance is a
COMS that complies with Performance Specification 1 found in appendix B
of 40 CFR part 60.
(f) Definitions of terms used in this section. The following terms
that are used in this section, are defined in 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, forestry or silvicultural activities,
fuel, fuel oil, fugitive dust, gaseous fuel, grate cleaning, marine
vessel, mobile sources, motor vehicle, nonroad engine, nonroad vehicle,
oil-fired boiler, opacity, open burning, particulate matter, PM10,
PM2.5, reference method, refuse, Regional Administrator, residual fuel
oil, smudge pot, solid fuel, solid fuel-fired boiler, soot blowing,
stack, standard conditions, start-up, stationary source, uncombined
water, used oil, visible emissions, and wood.
Sec. 49.125 Rule for limiting the emissions of particulate matter.
(a) What is the purpose of this section? This section limits the
amount of particulate matter that may be emitted from certain air
pollution sources operating within the Indian reservation to control
ground-level concentrations of particulate matter.
(b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source that emits, or
could emit, particulate matter to the atmosphere, unless exempted in
paragraph (c) of this section.
(c) What is exempted from this section? This section does not apply
to woodwaste burners, furnaces and boilers used exclusively for space
heating with a rated heat input capacity of less than 400,000 British
thermal units (Btu) per hour, non-commercial smoke houses, sweat houses
or lodges, open burning, and mobile sources.
(d) What are the particulate matter limits for air pollution
sources?
(1) Particulate matter emissions from a combustion source stack
(except for wood-fired boilers) must not exceed an average of 0.23
grams per dry standard cubic meter (0.1 grains per dry standard cubic
foot), corrected to seven percent oxygen, during any three-hour period.
(2) Particulate matter emissions from a wood-fired boiler stack
must not exceed an average of 0.46 grams per dry
[[Page 18100]]
standard cubic meter (0.2 grains per dry standard cubic foot),
corrected to seven percent oxygen, during any three-hour period.
(3) Particulate matter emissions from a process source stack, or
any other stack not subject to paragraph (d)(1) or (d)(2) of this
section, must not exceed an average of 0.23 grams per dry standard
cubic meter (0.1 grains per dry standard cubic foot) during any three-
hour period.
(e) What is the reference method for determining compliance? The
reference method for determining compliance with the particulate matter
limits is EPA Method 5. A complete description of this method is found
in appendix A of 40 CFR part 60.
(f) Definitions of terms used in this section. The following terms
that are used in this section are defined in 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, nonroad engine, nonroad
vehicle, open burning, particulate matter, PM10, PM2.5, 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 section? This section limits the
amount of fugitive particulate matter that may be emitted from certain
air pollution sources operating within the Indian reservation to
control ground-level concentrations of particulate matter.
(b) Who is affected by this section? This section applies to any
person who owns or operates a source of fugitive particulate matter
emissions.
(c) What is exempted from this section? This section does not apply
to open burning, agricultural activities, forestry and silvicultural
activities, sweat houses or lodges, non-commercial smoke houses, public
roads owned or maintained by any Federal, Tribal, State, or local
government, or activities associated with single-family residences or
residential buildings with four or fewer dwelling units.
(d) What are the requirements for sources of fugitive particulate
matter emissions?
(1) The owner or operator of any source of fugitive particulate
matter emissions, including any source or activity engaged in materials
handling or storage, construction, demolition, or any other operation
that is or may be a source of fugitive particulate matter emissions,
must take all reasonable precautions to prevent fugitive particulate
matter emissions and must maintain and operate the source to minimize
fugitive particulate matter emissions.
(2) Reasonable precautions include, but are not limited to the
following:
(i) Use, where possible, of water or chemicals for control of dust
in the demolition of buildings or structures, construction operations,
grading of roads, or clearing of land.
(ii) Application of asphalt, oil (but not used oil), water, or
other suitable chemicals on unpaved roads, materials stockpiles, and
other surfaces that can create airborne dust.
(iii) Full or partial enclosure of materials stockpiles in cases
where application of oil, water, or chemicals is not sufficient or
appropriate to prevent particulate matter from becoming airborne.
(iv) Implementation of good housekeeping practices to avoid or
minimize the accumulation of dusty materials that have the potential to
become airborne, and the prompt cleanup of spilled or accumulated
materials.
(v) Installation and use of hoods, fans, and fabric filters to
enclose and vent the handling of dusty materials.
(vi) Adequate containment during sandblasting or other similar
operations.
(vii) Covering, at all times when in motion, open bodied trucks
transporting materials likely to become airborne.
(viii) The prompt removal from paved streets of earth or other
material that does or may become airborne.
(e) Are there additional requirements that must be met?
(1) A person subject to this section must:
(i) Annually survey the air pollution source(s) during typical
operating conditions and meteorological conditions conducive to
producing fugitive dust to determine the sources of fugitive
particulate matter emissions. For new sources or new operations, a
survey must be conducted within 30 days after commencing operation.
Document the results of the survey, including the date and time of the
survey and identification of any sources of fugitive particulate matter
emissions found.
(ii) If sources of fugitive particulate matter emissions are
present, determine the reasonable precautions that will be taken to
prevent fugitive particulate matter emissions.
(iii) Prepare, and update as necessary following each survey, a
written plan that specifies the reasonable precautions that will be
taken and the procedures to be followed to prevent fugitive particulate
matter emissions, including appropriate monitoring and recordkeeping.
For construction or demolition activities, a written plan must be
prepared prior to commencing construction or demolition.
(iv) Implement the written plan, and maintain and operate the
source to minimize fugitive particulate matter emissions.
(v) Maintain records for five years that document the surveys and
the reasonable precautions that were taken to prevent fugitive
particulate matter emissions.
(2) The Regional Administrator may require specific actions to
prevent fugitive particulate matter emissions, or impose conditions to
maintain and operate the air pollution source to minimize fugitive
particulate matter emissions, in a permit to construct or a permit to
operate for the source.
(3) Efforts to comply with this section cannot be used as a reason
for not complying with other applicable laws and ordinances.
(f) Definitions of terms used in this section. The following terms
that are used in this section are defined in Sec. 49.123 General
provisions: Agricultural activities, air pollutant, air pollution
source, ambient air, emission, forestry or silvicultural activities,
fugitive dust, fugitive particulate matter, owner or operator,
particulate matter, permit to construct, permit to operate, PM10,
PM2.5, Regional Administrator, source, stack, and uncombined water.
Sec. 49.127 Rule for woodwaste burners.
(a) What is the purpose of this section? This section phases out
the operation of woodwaste burners (commonly known as wigwam or teepee
burners), and in the interim, limits the visible emissions from
woodwaste burners within the Indian reservation to control emissions of
particulate matter to the atmosphere and ground-level concentrations of
particulate matter.
(b) Who is affected by this section? This section applies to any
person who owns or operates a woodwaste burner.
(c) What are the requirements for woodwaste burners?
(1) Except as provided by paragraph (c)(3) of this section, the
owner or operator of a woodwaste burner must shut down and dismantle
the woodwaste burner by no later than two years after the effective
date of this section. The requirement for dismantling applies to all
woodwaste
[[Page 18101]]
burners regardless of whether or not the woodwaste burners are
currently operational. Until the woodwaste burner is shut down, visible
emissions from the woodwaste burner must not exceed 20% opacity,
averaged over any consecutive six-minute period.
(2) Until the woodwaste burner is shut down, only wood waste
generated on-site may be burned or disposed of in the woodwaste burner.
(3) If there is no reasonably available alternative method of
disposal for the wood waste other than by burning it on-site in a
woodwaste burner, the owner or operator of the woodwaste burner that is
in compliance with the opacity limit in paragraph (c)(1) of this
section, may apply to the Regional Administrator for an extension of
the two-year deadline. If the Regional Administrator finds that there
is no reasonably available alternative method of disposal, then a two-
year extension of the deadline may be granted. There is no limit to the
number of extensions that may be granted by the Regional Administrator.
(d) What is the reference method for determining compliance with
the opacity limit?
(1) The reference method for determining compliance with the
opacity limit is EPA Method 9. A complete description of this method is
found in 40 CFR part 60, appendix A.
(2) [Reserved]
(e) Are there additional requirements that must be met? A person
subject to this section must submit a plan to shut down and dismantle
the woodwaste burner to the Regional Administrator within 180 days
after the effective date of this section. Unless an extension has been
granted by the Regional Administrator, the woodwaste burner must be
shut down and dismantled within two years after the effective date of
this section. The owner or operator of the woodwaste burner must notify
the Regional Administrator that the woodwaste burner has been shut down
and dismantled within 30 days after completion.
(f) Definitions of terms used in this section. The following terms
that are used in this section are defined in Sec. 49.123 General
provisions: Air pollutant, ambient air, emission, opacity, owner or
operator, particulate matter, PM10, PM2.5, reference method, Regional
Administrator, stationary source, uncombined water, visible emissions,
wood, and woodwaste burner.
Sec. 49.128 Rule for limiting particulate matter emissions from wood
products industry sources.
(a) What is the purpose of this section? This section limits the
amount of particulate matter that may be emitted from certain wood
products industry sources operating within the Indian reservation to
control ground-level concentrations of particulate matter.
(b) Who is affected by this section? This section applies to any
person who owns or operates any of the following wood products industry
sources:
(1) Veneer manufacturing operations;
(2) Plywood manufacturing operations;
(3) Particleboard manufacturing operations; and
(4) Hardboard manufacturing operations.
(c) What are the PM10 emission limits for wood products industry
sources? These PM10 limits are in addition to, and not in lieu of, the
particulate matter limits for combustion sources and process sources.
(1) Veneer dryers at veneer manufacturing operations and plywood
manufacturing operations.
(i) PM10 emissions from direct natural gas fired or direct propane
fired veneer dryers must not exceed 0.3 pounds per 1000 square feet of
veneer dried (\3/8\ inch basis), one-hour average.
(ii) PM10 emissions from steam heated veneer dryers must not exceed
0.3 pounds per 1000 square feet of veneer dried (\3/8\ inch basis),
one-hour average.
(iii) PM10 emissions from wood fired veneer dryers must not exceed
a total of 0.3 pounds per 1000 square feet of veneer dried (\3/8\ inch
basis) and 0.2 pounds per 1000 pounds of steam generated in boilers,
prorated for the amount of combustion gases routed to the veneer dryer,
one-hour average.
(2) Wood particle dryers at particleboard manufacturing operation.
PM10 emissions from wood particle dryers must not exceed a total of 0.4
pounds per 1000 square feet of board produced by the plant (\3/4\ inch
basis), one-hour average.
(3) Press/cooling vents at hardboard manufacturing operations. PM10
emissions from hardboard press/cooling vents must not exceed 0.3 pounds
per 1000 square feet of hardboard produced (\1/8\ inch basis), one-hour
average.
(4) Tempering ovens at hardboard manufacturing operations. A person
must not operate any hardboard tempering oven unless all gases and
vapors are collected and treated in a fume incinerator capable of
raising the temperature of the gases and vapors to at least 1500
degrees Fahrenheit for 0.3 seconds or longer.
(d) What is the reference method for determining compliance? The
reference method for determining compliance with the PM10 limits is EPA
Method 202 in conjunction with Method 201A. A complete description of
these methods is found in appendix M of 40 CFR part 51.
(e) Definitions of terms used in this section. The following terms
that are used in this section are defined in Sec. 49.123 General
provisions: Act, combustion source, emissions, hardboard,
particleboard, particulate matter, plywood, PM10, PM2.5, press/cooling
vent, process source, tempering oven, veneer, veneer dryer, wood, and
wood-fired veneer dryer.
Sec. 49.129 Rule for limiting emissions of sulfur dioxide.
(a) What is the purpose of this section? This section limits the
amount of sulfur dioxide (SO2) that may be emitted from
certain air pollution sources operating within the Indian reservation
to control ground-level concentrations of SO2.
(b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source that emits, or
could emit, SO2 to the atmosphere.
(c) What is exempted from this section? This section does not apply
to furnaces and boilers used exclusively for space heating with a rated
heat input capacity of less than 400,000 British thermal units (Btu)
per hour, and mobile sources.
(d) What are the sulfur dioxide limits for sources?
(1) Sulfur dioxide emissions from a combustion source stack must
not exceed an average of 500 parts per million by volume, on a dry
basis and corrected to seven percent oxygen, during any three-hour
period.
(2) Sulfur dioxide emissions from a process source stack, or any
other stack not subject to (d)(1) of this section, must not exceed an
average of 500 parts per million by volume, on a dry basis, during any
three-hour period.
(e) What are the reference methods for determining compliance?
(1) The reference methods for determining compliance with the
SO2 limits are EPA Methods 6, 6A, 6B, and 6C as specified in
the applicability section of each method. A complete description of
these methods is found in appendix A of 40 CFR part 60.
(2) An alternative reference method is a continuous emissions
monitoring system (CEMS) that complies with
[[Page 18102]]
Performance Specification 2 found in appendix B of 40 CFR part 60.
(f) Definitions of terms used in this section. The following terms
that are used in this section are defined in 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, nonroad engine, nonroad vehicle, open
burning, process source, reference method, refuse, residual fuel oil,
solid fuel, stack, standard conditions, stationary source, used oil,
wood, and woodwaste burner.
Sec. 49.130 Rule for limiting sulfur in fuels.
(a) What is the purpose of this section? This section limits the
amount of sulfur contained in fuels that are burned at stationary
sources within the Indian reservation to control emissions of sulfur
dioxide (SO2) to the atmosphere and ground-level
concentrations of SO2.
(b) Who is affected by this section? This section applies to any
person who sells, distributes, uses, or makes available for use, any
fuel oil, coal, solid fuel, liquid fuel, or gaseous fuel within the
Indian reservation.
(c) What is exempted from this section? This section does not apply
to gasoline and diesel fuel, such as automotive and marine diesel,
regulated under 40 CFR part 80.
(d) What are the sulfur limits for fuels? A person must not sell,
distribute, use, or make available for use any fuel oil, coal, solid
fuel, liquid fuel, or gaseous fuel that contains more than the
following amounts of sulfur:
(1) For distillate fuel oil, 0.3 percent by weight for ASTM Grade 1
fuel oil;
(2) For distillate fuel oil, 0.5 percent by weight for ASTM Grade 2
fuel oil;
(3) For residual fuel oil, 1.75 percent sulfur by weight for ASTM
Grades 4, 5, or 6 fuel oil;
(4) For used oil, 2.0 percent sulfur by weight;
(5) For any liquid fuel not listed in paragraphs (d)(1) through
(d)(4) of this section, 2.0 percent sulfur by weight;
(6) For coal, 1.0 percent sulfur by weight;
(7) For solid fuels, 2.0 percent sulfur by weight;
(8) For gaseous fuels, 1.1 grams of sulfur per dry standard cubic
meter of gaseous fuel (400 parts per million at standard conditions).
(e) What are the reference methods for determining compliance? The
reference methods for determining the amount of sulfur in a fuel are as
follows:
(1) Sulfur content in fuel oil or liquid fuels: ASTM methods D2880-
03, D4294-03, and D6021-96 (Reapproved 2001)[isin]1
(incorporated by reference, see Sec. 49.123(e));
(2) Sulfur content in coal: ASTM methods D3177-02, D4239-04a, and
D2492-02 (incorporated by reference, see Sec. 49.123(e));
(3) Sulfur content in solid fuels: ASTM method E775-
87[isin]1 (Reapproved 2004) (incorporated by reference, see
Sec. 49.123(e));
(4) Sulfur content in gaseous fuels: ASTM methods D1072-
90(Reapproved 1999), D3246-96, D4084-94[isin]1 (Reapproved
1999), D5504-01, D4468-85[isin]1 (Reapproved 2000), D2622-
03, and D6228-98[isin]1 (Reapproved 2003) (incorporated by
reference, see Sec. 49.123(e)).
(f) Are there additional requirements that must be met?
(1) A person subject to this section must:
(i) For fuel oils and liquid fuels, obtain, record, and keep
records of the percent sulfur by weight from the vendor for each
purchase of fuel. If the vendor is unable to provide this information,
then obtain a representative grab sample for each purchase and test the
sample using the reference method.
(ii) For gaseous fuels, either obtain, record, and keep records of
the sulfur content from the vendor, or continuously monitor the sulfur
content of the fuel gas line using a method that meets the requirements
of Performance Specification 5, 7, 9, or 15 (as applicable for the
sulfur compounds in the gaseous fuel) of appendix B and appendix F of
40 CFR part 60. If only purchased natural gas is used, then keep
records showing that the gaseous fuel meets the definition of natural
gas in 40 CFR 72.2.
(iii) For coal and solid fuels, either obtain, record, and keep
records of the percent sulfur by weight from the vendor for each
purchase of coal or solid fuel, or obtain a representative grab sample
for each day of operation and test the sample using the reference
method. If only wood is used, then keep records showing that only wood
was used. The owner or operator of a coal- or solid fuel-fired source
may apply to the Regional Administrator for a waiver of thisprovision
or for approval of an alternative fuel sampling program.
(2) Records of fuel purchases and fuel sulfur content must be kept
for a period of five years from date of purchase and must be made
available to the Regional Administrator upon request.
(3) The owner or occupant of a single-family residence, and the
owner or manager of a residential building with four or fewer dwelling
units, is not subject to the requirement to obtain and record the
percent sulfur content from the vendor if the fuel used in an oil,
coal, or gas furnace is purchased from a licensed fuel distributor.
(g) Definitions of terms used in this section. The following terms
that are used in this section are defined in 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, nonroad engine, nonroad vehicle, owner or operator,
reference method, refuse, Regional Administrator, residual fuel oil,
solid fuel, source, standard conditions, stationary source, used oil,
and wood.
Sec. 49.131 General rule for open burning.
(a) What is the purpose of this section? This section limits the
types of materials that can be openly burned within the Indian
reservation to control emissions of particulate matter and other
noxious fumes to the atmosphere and ground-level concentrations of
particulate matter. It is EPA's goal to eliminate open burning disposal
practices where alternative methods are feasible and practicable, to
encourage the development of alternative disposal methods, to emphasize
resource recovery, and to encourage utilization of the highest and best
practicable burning methods to minimize emissions where other disposal
practices are not feasible.
(b) Who is affected by this section? This section applies to any
person who conducts open burning and to the owner of the property upon
which open burning is conducted.
(c) What is exempted from this section? The following open fires
are exempted from this section:
(1) Outdoor fires set for cultural or traditional purposes;
(2) Fires set for cultural or traditional purposes within
structures such as sweat houses or lodges;
(3) Except during a burn ban under paragraphs (d)(2) and (d)(3) of
this section, fires set for recreational purposes provided that no
prohibited materials are burned;
(4) Except during a burn ban under paragraphs (d)(2) and (d)(3) of
this section and with prior permission from the Regional Administrator,
open outdoor fires used by qualified personnel to train firefighters in
the methods of fire suppression and fire fighting techniques, provided
that training fires are not allowed to smolder after the training
session has terminated. Prior to igniting any structure, the fire
protection service must ensure that the structure does not contain any
asbestos
[[Page 18103]]
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, and by any other governments with applicable laws and
ordinances;
(5) Except during a burn ban under paragraphs (d)(2) and (d)(3) of
this section and with prior permission from the Regional Administrator,
one open outdoor fire each year to dispose of fireworks and associated
packaging materials. Before requesting permission from the Regional
Administrator, the owner or operator must notify any appropriate Tribal
air pollution authority and obtain any permissions or approvals
required by the Tribe, and by any other governments with applicable
laws and ordinances;
(6) Except during a burn ban under paragraphs (d)(2) and (d)(3) of
this section, open burning for the disposal of diseased animals or
other material by order of a public health official.
(d) What are the requirements for open burning?
(1) A person must not openly burn, or allow the open burning of,
the following materials:
(i) Garbage;
(ii) Dead animals or parts of dead animals;
(iii) Junked motor vehicles or any materials resulting from a
salvage operation;
(iv) Tires or rubber materials or products;
(v) Plastics, plastic products, or styrofoam;
(vi) Asphalt or composition roofing, or any other asphaltic
material or product;
(vii) Tar, tarpaper, petroleum products, or paints;
(viii) Paper, paper products, or cardboard other than what is
necessary to start a fire or that is generated at single-family
residences or residential buildings with four or fewer dwelling units
and is burned at the residential site;
(ix) Lumber or timbers treated with preservatives;
(x) Construction debris or demolition waste;
(xi) Pesticides, herbicides, fertilizers, or other chemicals;
(xii) Insulated wire;
(xiii) Batteries;
(xiv) Light bulbs;
(xv) Materials containing mercury (e.g., thermometers);
(xvi) Asbestos or asbestos-containing materials;
(xvii) Pathogenic wastes;
(xviii) Hazardous wastes; or
(xix) Any material other than natural vegetation that normally
emits dense smoke or noxious fumes when burned.
(2) Except for exempted fires set for cultural or traditional
purposes, all open burning is prohibited whenever the Regional
Administrator declares a burn ban due to deteriorating air quality. A
burn ban may be declared whenever the Regional Administrator determines
that air quality levels have exceeded, or are expected to exceed, 75%
of any national ambient air quality standard for particulate matter,
and these levels are projected to continue or reoccur over at least the
next 24 hours.
(3) Except for exempted fires set for cultural or traditional
purposes, all open burning is prohibited whenever the Regional
Administrator issues an air stagnation advisory or declares an air
pollution alert, air pollution warning, or air pollution emergency
pursuant to Sec. 49.137 Rule for air pollution episodes.
(4) Nothing in this section exempts or excuses any person from
complying with applicable laws and ordinances of local fire departments
and other governmental jurisdictions.
(e) Are there additional requirements that must be met?
(1) A person subject to this section must conduct open burning as
follows:
(i) All materials to be openly burned must be kept as dry as
possible through the use of a cover or dry storage;
(ii) Before igniting a burn, noncombustibles must be separated from
the materials to be openly burned to the greatest extent practicable;
(iii) Natural or artificially induced draft must be present,
including the use of blowers or air curtain incinerators where
practicable;
(iv) To the greatest extent practicable, materials to be openly
burned must be separated from the grass or peat layer; and
(v) A fire must not be allowed to smolder.
(2) Except for exempted fires set for cultural or traditional
purposes, a person must not initiate any open burning when:
(i) The Regional Administrator has declared a burn ban;
(ii) An air stagnation advisory has been issued or an air pollution
alert, warning, or emergency has been declared by the Regional
Administrator.
(3) Except for exempted fires set for cultural or traditional
purposes, any person conducting open burning when such an advisory is
issued or declaration is made must either immediately extinguish the
fire, or immediately withhold additional material such that the fire
burns down.
(f) Definitions of terms used in this section. The following terms
that are used in this section are defined in Sec. 49.123 General
provisions: Air pollutant, ambient air, emission, open burning,
particulate matter, PM10, PM2.5, Regional Administrator, stack, and
uncombined water.
Sec. 49.132 Rule for general open burning permits.
(a) What is the purpose of this section? This section establishes a
permitting program for open burning within the Indian reservation to
control emissions of particulate matter and other noxious fumes to the
atmosphere and ground-level concentrations of particulate matter.
(b) Who is affected by this section? This section applies to any
person who conducts open burning.
(c) What is exempted from this section? The following open fires
are exempted from this section:
(1) Outdoor fires set for cultural or traditional purposes;
(2) Fires set for cultural or traditional purposes within
structures such as sweat houses or lodges;
(3) Fires set for recreational purposes, provided that no
prohibited materials are burned;
(4) Forestry and silvicultural burning; and
(5) Agricultural burning.
(d) What are the requirements for open burning?
(1) A person must apply for and obtain a permit for the open burn,
have the permit available on-site during the open burn, and conduct the
open burning in accordance with the terms and conditions of the permit.
(2) The date after which a person must apply for and obtain a
permit under this section is identified in the implementation plan in
subpart M of this part for the specific reservation where this section
applies.
(3) A person must comply with the Sec. 49.131 General rule for
open burning or the EPA-approved Tribal open burning rule, as
applicable.
(4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of local fire
departments or other governmental jurisdictions.
(e) Are there additional requirements that must be met?
(1) A person subject to this section must submit an application to
the
[[Page 18104]]
Regional Administrator for each proposed open burn. An application must
be submitted in writing at least one working day, and no earlier than
five working days, prior to the requested date that the burn would be
conducted, and must contain, at a minimum, the following information:
(i) Street address of the property upon that the proposed open
burning will occur, or if there is no street address of the property,
the legal description of the property.
(ii) Name, mailing address, and telephone number of the person who
will be responsible for conducting the proposed open burning.
(iii) A plot plan showing the location of the proposed open burning
in relation to the property lines and indicating the distances and
directions of the nearest residential and commercial properties.
(iv) The type and quantity of materials proposed to be burned,
including the estimated volume of material to be burned and the area
over which burning will be conducted.
(v) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water.
(vi) The requested date when the proposed open burning would be
conducted and the duration of the burn if it is more than one day.
(vii) Any other information specifically requested by the Regional
Administrator.
(2) If the proposed open burning is consistent with this section
and 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 section, 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 will
take into consideration relevant factors including, but not limited to,
the size, duration, and location of the proposed open burn, the current
and projected air quality conditions, the forecasted meteorological
conditions, and other scheduled burning activities in the surrounding
area. Where the Regional Administrator determines that the proposed
open burning can be conducted without causing an adverse impact on air
quality, a permit may be issued.
(4) The Regional Administrator, to the extent practical, will
coordinate the issuance of open burning permits with the open burning
permit programs of surrounding jurisdictions.
(f) Definitions of terms used in this section. The following terms
that are used in this section are defined in Sec. 49.123 General
provisions: Agricultural burning, air pollutant, ambient air, emission,
forestry or silvicultural burning, open burning, particulate matter,
PM10, PM2.5, Regional Administrator, stack, and uncombined water.
Sec. 49.133 Rule for agricultural burning permits.
(a) What is the purpose of this section? This section establishes a
permitting program for agricultural burning within the Indian
reservation to control emissions of particulate matter and other
noxious fumes to the atmosphere and ground-level concentrations of
particulate matter.
(b) Who is affected by this section? This section applies to any
person who conducts agricultural burning.
(c) What are the requirements for agricultural burning?
(1) A person must apply for a permit to conduct an agricultural
burn, obtain approval of the permit on the day of the burn, have the
permit available onsite during the burn, and conduct the burn in
accordance with the terms and conditions of the permit.
(2) The date after which a person must apply for and obtain
approval of a permit under this section is identified in the
implementation plan in subpart M of this part for the specific
reservation where this section applies.
(3) A person must comply with Sec. 49.131 General rule for open
burning or the EPA-approved Tribal open burning rule, as applicable.
(4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of local fire
departments or other governmental jurisdictions.
(d) Are there additional requirements that must be met?
(1) A person subject to this section must submit an application to
the Regional Administrator for each proposed agricultural burn. An
application must contain, at a minimum, the following information:
(i) Street address of the property upon which the proposed
agricultural burning will occur or, if there is no street address of
the property, the legal description of the property.
(ii) Name, mailing address, and telephone number of the applicant
and the person who will be responsible for conducting the proposed
agricultural burning.
(iii) A plot plan showing the location of each proposed
agricultural burning area in relation to the property lines and
indicating the distances and directions of the nearest residential,
public, and commercial properties, roads, and other areas that could be
impacted by the burning.
(iv) The type and quantity of agricultural wastes proposed to be
burned, including the estimated weight of material to be burned and the
area over which burning will be conducted.
(v) A description of the burning method(s) to be used (pile or
stack burn, open field or broadcast burn, windrow burn, mobile field
sanitizer, etc.) and the amount of material to be burned with each
method.
(vi) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water
and plowed firebreaks.
(vii) The requested date(s) when the proposed agricultural burning
would be conducted.
(viii) Any other information specifically requested by the Regional
Administrator.
(2) If the proposed agricultural burning is consistent with this
section and Sec. 49.131 General rule for open burning, or the EPA-
approved Tribal open burning rule, the Regional Administrator may
approve the agricultural burning permit and authorize burning on the
day burning is to be conducted after taking into consideration relevant
factors including, but not limited to:
(i) The size, duration, and location of the proposed burn, the
current and projected air quality conditions, the forecasted
meteorological conditions, and other scheduled burning activities in
the surrounding area; and
(ii) Other factors indicating whether or not the proposed
agricultural burning can be conducted without causing an adverse impact
on air quality.
(3) The Regional Administrator, to the extent practical, will
consult with and coordinate approvals to burn with the open burning
programs of surrounding jurisdictions.
(e) Definitions of terms used in this section. The following terms
that are used in this section are defined in Sec. 49.123 General
provisions: Agricultural burning or agricultural burn, air pollutant,
ambient air, emission, open burning, particulate matter, PM10, PM2.5,
Regional Administrator, stack, and uncombined water.
[[Page 18105]]
Sec. 49.134 Rule for forestry and silvicultural burning permits.
(a) What is the purpose of this section? This section establishes a
permitting program for forestry and silvicultural burning within the
Indian reservation to control emissions of particulate matter and other
noxious fumes to the atmosphere and ground-level concentrations of
particulate matter.
(b) Who is affected by this section? This section applies to any
person who conducts forestry or silvicultural burning.
(c) What are the requirements for forestry and silvicultural
burning?
(1) A person must apply for a permit to conduct a forestry or
silvicultural burn, obtain approval of the permit on the day of the
burn, have the permit available on-site during the burn, and conduct
the burn in accordance with the terms and conditions of the permit.
(2) The date after which a person must apply for and obtain
approval of a permit under this section is identified in the
implementation plan in subpart M of this part for the specific
reservation where this section applies.
(3) A person must comply with Sec. 49.131 General rule for open
burning or the EPA-approved Tribal open burning rule, as applicable.
(4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of local fire
departments or other governmental jurisdictions.
(d) Are there additional requirements that must be met?
(1) A person subject to this section must submit an application to
the Regional Administrator for each proposed forestry or silvicultural
burn. An application must contain, at a minimum, the following
information:
(i) Street address of the property upon which the proposed forestry
or silvicultural burning will occur or, if there is no street address
of the property, the legal description of the property.
(ii) Name, mailing address, and telephone number of the person who
will be responsible for conducting the proposed forestry or
silvicultural burning.
(iii) A plot plan showing the location of the proposed forestry or
silvicultural burning in relation to the property lines and indicating
the distances and directions of the nearest residential, public, and
commercial properties, roads, and other areas that could be affected by
the burning.
(iv) The type and quantity of forestry or silvicultural residues
proposed to be burned, including the estimated weight of material to be
burned and the area over which burning will be conducted.
(v) A description of the burning method(s) to be used (pile burn,
broadcast burn, windrow burn, understory burn, etc.) and the amount of
material to be burned with each method.
(vi) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water
and firebreaks.
(vii) The requested date(s) that the proposed forestry or
silvicultural burning would be conducted.
(viii) Any other information specifically requested by the Regional
Administrator.
(2) If the proposed forestry or silvicultural burning is consistent
with this section and Sec. 49.131 General rule for open burning, or
the EPA-approved Tribal open burning rule, the Regional Administrator
may approve the forestry or silvicultural burning permit and authorize
burning on the day burning is to be conducted after taking into
consideration relevant factors including, but not limited to:
(i) The size, duration, and location of the proposed burn, the
current and projected air quality conditions, the forecasted
meteorological conditions, and other scheduled burning activities in
the surrounding area; and
(ii) Other factors indicating whether or not the proposed forestry
or silvicultural burning can be conducted without causing an adverse
impact on air quality.
(3) The Regional Administrator, to the extent practical, will
consult with and coordinate approvals to burn with the open burning
programs of surrounding jurisdictions.
(e) Definitions of terms used in this section. The following terms
that are used in this section are defined in Sec. 49.123 General
provisions: Air pollutant, ambient air, emission, forestry or
silvicultural burning, open burning, particulate matter, PM10, PM2.5,
Regional Administrator, stack, and uncombined water.
Sec. 49.135 Rule for emissions detrimental to public health or
welfare.
(a) What is the purpose of this section? This section is intended
to prevent the emission of air pollutants from any air pollution source
operating within the Indian reservation from being detrimental to
public health or welfare.
(b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source.
(c) What are the requirements for air pollution sources?
(1) A person must not cause or allow the emission of any air
pollutants from an air pollution source, in sufficient quantities and
of such characteristic and duration, that the Regional Administrator
determines:
(i) Causes or contributes to a violation of any national ambient
air quality standard; or
(ii) Is presenting an imminent and substantial endangerment to
public health or welfare, or the environment.
(2) If the Regional Administrator makes either of the
determinations in paragraph (c)(1) of this section, then the Regional
Administrator may require the owner or operator of the source to
install air pollution controls and/or to take reasonable precautions to
reduce or prevent the emissions. If the Regional Administrator
determines that the installation of air pollution controls and/or
reasonable precautions are necessary, then the Regional Administrator
will require the owner or operator to obtain a permit to construct or
permit to operate for the source. The specific requirements will be
established in the required permit to construct or permit to operate.
(3) Nothing in this section affects the ability of the Regional
Administrator to issue an order pursuant to section 303 of the Act to
require an owner or operator to immediately reduce or cease the
emission of air pollutants.
(4) Nothing in this section shall be construed to impair any cause
of action or legal remedy of any person, or the public, for injury or
damages arising from the emission of any air pollutant in such place,
manner, or amount as to constitute a common law nuisance.
(d) What does someone subject to this section need to do? A person
subject to this section must comply with the terms and conditions of
any permit to construct, permit to operate, or order issued by the
Regional Administrator.
(e) Definitions of terms used in this section. The following terms
that are used in this section are defined in Sec. 49.123 General
provisions: Air pollutant, air pollution source, ambient air, emission,
owner or operator, permit to construct, permit to operate, Regional
Administrator, source, and stationary source.
Sec. 49.136 [Reserved]
Sec. 49.137 Rule for air pollution episodes.
(a) What is the purpose of this section? This section establishes
procedures for addressing the excessive buildup of certain air
pollutants during periods of stagnant air. This section is intended to
prevent the occurrence of an air pollution emergency within the Indian
reservation due to the effects of these air pollutants on human health.
[[Page 18106]]
(b) Who is affected by this section? This section applies to the
Regional Administrator and any person who owns or operates an air
pollution source within the Indian reservation.
(c) What are the requirements of this section?
(1) Air pollution action level triggers. Conditions justifying the
declaration of an air pollution alert, air pollution warning, or air
pollution emergency exist whenever the Regional Administrator
determines that the accumulation of air pollutants in any place is
approaching, or has reached, levels that could lead to a threat to
human health. The following criteria will be used for making these
determinations:
(i) Air stagnation advisory. An air stagnation advisory may be
issued by the Regional Administrator whenever meteorological conditions
over a large area are conducive to the buildup of air pollutants.
(ii) Air pollution alert. An air pollution alert may be declared by
the Regional Administrator when any one of the following levels is
reached, or is projected to be reached, at any monitoring site and the
meteorological conditions are such that the level is expected to
continue or reoccur over the next 24 hours.
(A) Particulate matter (PM10): 350 micrograms per cubic meter, 24-
hour average;
(B) Carbon monoxide (CO): 17 milligrams per cubic meter (15 ppm),
8-hour average;
(C) Sulfur dioxide (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 may be
declared by the Regional Administrator when any one of the following
levels is reached, or is projected to be reached, at any monitoring
site and the meteorological conditions are such that the level is
expected to continue or reoccur over the next 24 hours.
(A) Particulate matter (PM10): 420 micrograms per cubic meter, 24-
hour average;
(B) Carbon monoxide (CO): 34 milligrams per cubic meter (30 ppm),
8-hour average;
(C) Sulfur dioxide (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 may be
declared by the Regional Administrator when any one of the following
levels is reached, or is projected to be reached, at any monitoring
site and the meteorological conditions are such that the level is
expected to continue or reoccur over the next 24 hours.
(A) Particulate matter (PM10): 500 micrograms per cubic meter, 24-
hour average;
(B) Carbon monoxide (CO): 46 milligrams per cubic meter (40 ppm),
8-hour average;
(C) Sulfur dioxide (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 will remain in effect until the Regional Administrator makes
a new determination and declares a new level.
(2) Announcements by the Regional Administrator. The Regional
Administrator will request that announcement of an air stagnation
advisory, air pollution alert, air pollution warning, or air pollution
emergency be broadcast on local television and radio stations in the
affected area and posted on their websites. Announcements will also be
posted on the EPA Region 10 website and, where possible, on the
websites of Tribes within the affected area. These announcements will
indicate that air pollution levels exist that could potentially be
harmful to human health and indicate actions that people can take to
reduce exposure. The announcements will also request voluntary actions
to reduce emissions from sources of air pollutants as well as indicate
that a ban on open burning is in effect.
(3) Voluntary curtailment of emissions by sources. Whenever the
Regional Administrator declares an air stagnation advisory, air
pollution alert, air pollution warning, or air pollution emergency,
sources of air pollutants will be requested to take voluntary actions
to reduce emissions. People should refrain from using their wood-stoves
and fireplaces unless they are their sole source of heat. People should
reduce their use of motor vehicles to the extent possible. Industrial
sources should curtail operations or switch to a cleaner fuel if
possible.
(4) Mandatory curtailment of emissions by order of the Regional
Administrator.
(i) Except for exempted fires set for cultural or traditional
purposes, all open burning is prohibited whenever the Regional
Administrator issues an air stagnation advisory or declares an air
pollution alert, air pollution warning, or air pollution emergency.
Except for exempted fires set for cultural or traditional purposes, all
open burning is prohibited when a burn ban is declared pursuant to
Sec. 49.131 General rule for open burning or the EPA-approved Tribal
open burning rule.
(ii) Except for exempted fires set for cultural or traditional
purposes, any person conducting open burning when such an advisory is
issued or declaration is made must either immediately extinguish the
fire, or immediately withhold additional material such that the fire
burns down.
(iii) During an air pollution warning or air pollution emergency,
the Regional Administrator may issue an order to any air pollution
source requiring such source to curtail or eliminate the emissions.
(d) Definitions of terms used in this section. The following terms
that are used in this section are defined in Sec. 49.123 General
provisions: Air pollutant, air pollution source, ambient air, emission,
fuel, motor vehicle, open burning, Regional Administrator, and source.
Sec. 49.138 Rule for the registration of air pollution sources and
the reporting of emissions.
(a) What is the purpose of this section? This section allows the
Regional Administrator to develop and maintain a current and accurate
record of air pollution sources and their emissions within the Indian
reservation.
(b) Who is affected by this section? This section applies to any
person who owns or operates a part 71 source or an air pollution source
that is subject to a standard established under section 111 or section
112 of the Federal Clean Air Act. This section also applies to any
person who owns or operates any other air pollution source except those
exempted in paragraph (c) of this section.
(c) What is exempted from this section? As provided in paragraph
(b) of this section, this section does not apply to the following air
pollution sources:
[[Page 18107]]
(1) Air pollution sources that do not have the potential to emit
more than two tons per year of any air pollutant;
(2) Mobile sources;
(3) Single family residences, and residential buildings with four
or fewer dwelling units;
(4) Air conditioning units used for human comfort that do not
exhaust air pollutants into the atmosphere from any manufacturing or
industrial process;
(5) Ventilating units used for human comfort that do not exhaust
air pollutants into the atmosphere from any manufacturing or industrial
process;
(6) Furnaces and boilers used exclusively for space heating with a
rated heat input capacity of less than 400,000 British thermal units
(Btu) per hour;
(7) Cooking of food, except for wholesale businesses that both cook
and sell cooked food;
(8) Consumer use of office equipment and products;
(9) Janitorial services and consumer use of janitorial products;
(10) Maintenance and repair activities, except for air pollution
sources engaged in the business of maintaining and repairing equipment;
(11) Agricultural activities and forestry and silvicultural
activities, including agricultural burning and forestry and
silvicultural burning; and
(12) Open burning.
(d) What are the requirements of this section? Any person who owns
or operates an air pollution source subject to this section, except for
part 71 sources, must register the source with the Regional
Administrator and submit reports as specified in paragraph (e) of this
section. Any person who owns or operates a part 71 source must submit
reports as specified in paragraph (f) of this section. All registration
information and reports must be submitted on forms provided by the
Regional Administrator.
(e) Are there additional requirements that must be met? Any person
who owns or operates an air pollution source subject to this section,
except for part 71 sources, must register an air pollution source and
submit reports as follows:
(1) Initial registration. The owner or operator of an air pollution
source that exists on the effective date of this section must register
the air pollution source with the Regional Administrator by no later
than February 15, 2007. The owner or operator of a new air pollution
source must register with the Regional Administrator within 90 days
after beginning operation. Submitting an initial registration does not
relieve the owner or operator from the requirement to obtain a permit
to construct if the new air pollution source would be a new source or
modification subject to any Federal or Tribal permit to construct rule.
(2) Annual registration. After initial registration, the owner or
operator of an air pollution source must re-register with the Regional
Administrator by February 15 of each year. The annual registration must
include all of the information required in the initial registration and
must be updated to reflect any changes since the previous registration.
For information that has not changed since the previous registration,
the owner or operator may reaffirm in writing that the information
previously furnished to the Regional Administrator is still correct.
(3) Information to include in initial registration and annual
registration. Each initial registration and annual registration must
include the following information if it applies:
(i) Name of the air pollution source and the nature of the
business.
(ii) Street address, telephone number, and facsimile number of the
air pollution source.
(iii) Name, mailing address, and telephone number of the owner or
operator.
(iv) Name, mailing address, telephone number, and facsimile number
of the local individual responsible for compliance with this section.
(v) Name and mailing address of the individual authorized to
receive requests for data and information.
(vi) A description of the production processes, air pollution
control equipment, and a related flow chart.
(vii) Identification of emission units and air pollutant-generating
activities.
(viii) A plot plan showing the location of all emission units and
air pollutant-generating activities. The plot plan must also show the
property lines of the air pollution source, the height above grade of
each emission release point, and the distance and direction to the
nearest residential or commercial property.
(ix) Type and quantity of fuels, including the sulfur content of
fuels, used on a daily, annual, and maximum hourly basis.
(x) Type and quantity of raw materials used or final product
produced on a daily, annual, and maximum hourly basis.
(xi) Typical operating schedule, including number of hours per day,
number of days per week, and number of weeks per year.
(xii) Estimates of the total actual emissions from the air
pollution source for the following air pollutants: particulate matter,
PM10, PM2.5, sulfur oxides (SOX), nitrogen oxides
(NOX), carbon monoxide (CO), volatile organic compounds
(VOC), lead (Pb) and lead compounds, ammonia (NH3),
fluorides (gaseous and particulate), sulfuric acid mist
(H2SO4), hydrogen sulfide (H2S), total
reduced sulfur (TRS), and reduced sulfur compounds, including all
calculations for the estimates.
(xiii) Estimated efficiency of air pollution control equipment
under present or anticipated operating conditions.
(xiv) Any other information specifically requested by the Regional
Administrator.
(4) Procedure for estimating emissions. The initial registration
and annual registration must include an estimate of actual emissions
taking into account equipment, operating conditions, and air pollution
control measures. For an existing air pollution source that operated
during the calendar year preceding the initial registration or annual
registration submittal, the actual emissions are the actual rate of
emissions for the preceding calendar year and must be calculated using
the actual operating hours, production rates, in-place control
equipment, and types of materials processed, stored, or combusted
during the preceding calendar year. For a new air pollution source that
is submitting its initial registration, the actual emissions are the
estimated actual rate of emissions for the current calendar year. The
emission estimates must be based upon actual test data or, in the
absence of such data, upon procedures acceptable to the Regional
Administrator. Any emission estimates submitted to the Regional
Administrator must be verifiable using currently accepted engineering
criteria. The following procedures are generally acceptable for
estimating emissions from air pollution sources:
(i) Source-specific emission tests;
(ii) Mass balance calculations;
(iii) Published, verifiable emission factors that are applicable to
the source;
(iv) Other engineering calculations; or
(v) Other procedures to estimate emissions specifically approved by
the Regional Administrator.
(5) Report of relocation. After initial registration, the owner or
operator of an air pollution source must report any relocation of the
source to the Regional Administrator in writing no later than 30 days
prior to the relocation of the source. The report must update the
information required in paragraphs (e)(3)(i) through (e)(3)(v) and
(e)(3)(viii) of this section, and any other information required by
paragraph (e)(3) of this section if it will change as a result of the
relocation. Submitting a report of relocation does not relieve the
owner or operator from the requirement
[[Page 18108]]
to obtain a permit to construct if the relocation of the air pollution
source would be a new source or modification subject to any Federal or
Tribal permit to construct rule.
(6) Report of change of ownership. After initial registration, the
owner or operator of an air pollution source must report any change of
ownership to the Regional Administrator in writing within 90 days after
the change in ownership is effective. The report must update the
information required in paragraphs (e)(3)(i) through (e)(3)(v) of this
section, and any other information required by paragraph (e)(3) of this
section if it would change as a result of the change of ownership.
(7) Report of closure. Except for regular seasonal closures, after
initial registration, the owner or operator of an air pollution source
must submit a report of closure to the Regional Administrator in
writing within 90 days after the cessation of all operations at the air
pollution source.
(8) Certification of truth, accuracy, and completeness. All
registrations and reports must include a certification signed by the
owner or operator as to the truth, accuracy, and completeness of the
information. This certification must state that, based on information
and belief formed after reasonable inquiry, the statements and
information are true, accurate, and complete.
(f) Requirements for part 71 sources. The owner or operator of a
part 71 source must submit an annual registration report that includes
the information required by paragraphs (e)(3) and (e)(4) of this
section. This annual registration report must be submitted with the
annual emission report and fee calculation worksheet required by part
71 (or by the source's part 71 permit if a different date is specified
in the permit). The owner or operator may submit a single combined
report provided that the combined report clearly identifies which
emissions are the basis for the annual registration report, the part 71
annual emission report, and the part 71 fee calculation worksheet. The
first annual registration report for a part 71 source shall be
submitted for calendar year 2006, or for the calendar year that the
source became subject to part 71, whichever is later.
(g) Definitions of terms used in this section. The following terms
that are used in this section are defined in 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, forestry or
silvicultural activities, forestry or silvicultural burning, fuel,
major source, marine vessel, mobile source, motor vehicle, new air
pollution source, nonroad engine, nonroad vehicle, open burning, owner
or operator, part 71 source, particulate matter, permit to construct,
PM10, PM2.5, potential to emit, rated capacity, Regional Administrator,
source, stack, stationary source, and uncombined water.
Sec. 49.139 Rule for non-Title V operating permits.
(a) What is the purpose of this section? This section establishes a
permitting program to provide for the establishment of Federally-
enforceable requirements for air pollution sources within the Indian
reservation.
(b) Who is affected by this section?
(1) This section applies to:
(i) The owner or operator of any air pollution source who wishes to
obtain a Federally-enforceable limitation on the source's actual
emissions or potential to emit;
(ii) Any air pollution source for which the Regional Administrator
determines that additional Federally-enforceable requirements are
necessary to ensure compliance with the implementation plan; or
(iii) Any air pollution source for which the Regional Administrator
determines that additional Federally-enforceable requirements are
necessary to ensure the attainment and maintenance of any national
ambient air quality standard or prevention of significant deterioration
increment.
(2) To the extent allowed by 40 CFR part 71, or a Tribal operating
permit program approved pursuant to 40 CFR part 70, a Title V operating
permit may be used in lieu of an operating permit under this section to
establish the limitations or requirements in paragraph (b)(1) of this
section.
(c) What are the procedures for obtaining an owner-requested
operating permit?
(1) The owner or operator of an air pollution source who wishes to
obtain a Federally-enforceable limitation on the source's actual
emissions or potential to emit must submit an application to the
Regional Administrator requesting such limitation. The application must
be submitted on forms provided by the Regional Administrator and
contain the information specified in paragraph (d) of this section.
(2) Within 60 days after receipt of an application, the Regional
Administrator will determine if it contains the information specified
in paragraph (d) of this section and if so, will deem it complete for
the purpose of preparing a draft permit to operate. If the Regional
Administrator determines that the application is incomplete, it will be
returned to the owner or operator along with a description of the
necessary information that must be submitted for the application to be
deemed complete.
(3) The Regional Administrator will prepare a draft permit to
operate and a draft technical support document that describes the
proposed limitation and its effect on the actual emissions and/or
potential to emit of the air pollution source.
(4) The Regional Administrator will provide a copy of the draft
permit to operate and draft technical support document to the owner or
operator of the air pollution source and will provide an opportunity
for the owner or operator to meet with EPA and discuss the proposed
limitations.
(5) The Regional Administrator will provide an opportunity for
public comment on the draft permit to operate as follows:
(i) A copy of the draft permit to operate, the draft technical
support document, the permit application, and all other supporting
materials will be made available for public inspection in at least one
location in the area affected by the air pollution source.
(ii) A notice will be made by prominent advertisement in a
newspaper of general circulation in the area affected by the air
pollution source of the availability of the draft permit to operate and
supporting materials and of the opportunity to comment. Where possible,
notices will also be made in the Tribal newspaper.
(iii) Copies of the notice will be provided to the owner or
operator of the air pollution source, the Tribal governing body, and
the Tribal, State, and local air pollution authorities having
jurisdiction in areas outside of the Indian reservation potentially
impacted by the air pollution source.
(iv) A 30-day period for submittal of public comments will be
provided starting upon the date of publication of the notice. If
requested, the Regional Administrator may hold a public hearing and/or
extend the public comment period for up to an additional 30 days.
(6) After the close of the public comment period, the Regional
Administrator will review all comments received and prepare a final
permit to operate and final technical support document. The final
technical support document will include a response to all comments
received during the public comment period.
(7) The final permit to operate and final technical support
document will
[[Page 18109]]
be sent to the owner or operator of the air pollution source and will
be made available at all of the locations where the draft permit was
made available. In addition, the final permit to operate and final
technical support document will be sent to all persons who provided
comments on the draft permit to operate.
(8) The final permit to operate will be a final agency action for
purposes of administrative appeal and judicial review.
(d) What must the owner or operator of an air pollution source
include in an application for a Federally-enforceable limitation?
(1) The owner or operator of an air pollution source that wishes to
obtain a Federally-enforceable limitation must submit to the Regional
Administrator an application, on forms provided by the Regional
Administrator, for a permit to operate that includes the following
information:
(i) Name of the air pollution source and the nature of the
business.
(ii) Street address, telephone number, and facsimile number of the
air pollution source.
(iii) Name, mailing address, and telephone number of the owner or
operator.
(iv) Name, mailing address, telephone number, and facsimile number
of the local individual responsible for compliance with this section.
(v) Name and mailing address of the individual authorized to
receive requests for data and information.
(vi) For each air pollutant and for all emission units and air
pollutant-generating activities to be covered by a limitation:
(A) The proposed limitation and a description of its effect on
actual emissions or the potential to emit. Proposed limitations may
include, but are not limited to, emission limitations, production
limits, operational restrictions, fuel or raw material specifications,
and/or requirements for installation and operation of emission
controls. Proposed limitations must have a reasonably short averaging
period, taking into consideration the operation of the air pollution
source and the methods to be used for demonstrating compliance.
(B) Proposed testing, monitoring, recordkeeping, and reporting
requirements to be used to demonstrate and assure compliance with the
proposed limitation.
(C) A description of the production processes and a related flow
chart.
(D) Identification of emission units and air pollutant-generating
activities.
(E) Type and quantity of fuels and/or raw materials used.
(F) Description and estimated efficiency of air pollution control
equipment under present or anticipated operating conditions.
(G) Estimates of the current actual emissions and current potential
to emit, including all calculations for the estimates.
(H) Estimates of the allowable emissions and/or potential to emit
that would result from compliance with the proposed limitation,
including all calculations for the estimates.
(vii) Any other information specifically requested by the Regional
Administrator.
(2) Estimates of actual emissions must be based upon actual test
data, or in the absence of such data, upon procedures acceptable to the
Regional Administrator. Any emission estimates submitted to the
Regional Administrator must be verifiable using currently accepted
engineering criteria. The following procedures are generally acceptable
for estimating emissions from air pollution sources:
(i) Source-specific emission tests;
(ii) Mass balance calculations;
(iii) Published, verifiable emission factors that are applicable to
the source;
(iv) Other engineering calculations; or
(v) Other procedures to estimate emissions specifically approved by
the Regional Administrator.
(3) All applications for a permit to operate must include a
certification by the owner or operator as to the truth, accuracy, and
completeness of the information. This certification must state that,
based on information and belief formed after reasonable inquiry, the
statements and information are true, accurate, and complete.
(e) What are the procedures that the Regional Administrator will
follow to require an operating permit?
(1) Whenever the Regional Administrator determines that additional
Federally-enforceable requirements are necessary to ensure compliance
with the implementation plan or to ensure the attainment and
maintenance of any national ambient air quality standard or prevention
of significant deterioration increment, the owner or operator of the
air pollution source will be so notified in writing.
(2) The Regional Administrator may require that the owner or
operator provide any information that the Regional Administrator
determines is necessary to establish such requirements in a permit to
operate under this section.
(3) The Regional Administrator will prepare a draft permit to
operate and a draft technical support document that describes the
reasons and need for the proposed requirements.
(4) The Regional Administrator will provide a copy of the draft
permit to operate and draft technical support document to the owner or
operator of the air pollution source and will provide an opportunity
for the owner or operator to meet with EPA and discuss the proposed
requirements.
(5) The Regional Administrator will provide an opportunity for
public comment on the draft permit to operate as follows:
(i) A copy of the draft permit to operate, the draft technical
support document, and all other supporting materials will be made
available for public inspection in at least one location in the area
affected by the air pollution source.
(ii) A notice will be made by prominent advertisement in a
newspaper of general circulation in the area affected by the air
pollution source of the availability of the draft permit to operate and
supporting materials and of the opportunity to comment. Where possible,
notices will also be made in the Tribal newspaper.
(iii) Copies of the notice will be provided to the owner or
operator of the air pollution source, the Tribal governing body, and
the Tribal, State, and local air pollution authorities having
jurisdiction in areas outside of the Indian reservation potentially
impacted by the air pollution source.
(iv) A 30-day period for submittal of public comments will be
provided starting upon the date of publication of the notice. If
requested, the Regional Administrator may hold a public hearing and/or
extend the public comment period for up to an additional 30 days.
(6) After the close of the public comment period, the Regional
Administrator will review all comments received and prepare a final
permit to operate and final technical support document, unless the
Regional Administrator determines that additional requirements are not
necessary to ensure compliance with the implementation plan or to
ensure the attainment and maintenance of any national ambient air
quality standard or prevention of significant deterioration increment.
The final technical support document will include a response to all
comments received during the public comment period.
(7) The final permit to operate and final technical support
document will be sent to the owner or operator of the air pollution
source and will be made available at all of the locations where
[[Page 18110]]
the draft permit was made available. In addition, the final permit to
operate and final technical support document will be sent to all
persons who provided comments on the draft permit to operate.
(8) The final permit to operate will be a final agency action for
purposes of administrative appeal and judicial review.
(f) Definitions of terms used in this section. The following terms
that are used in this section 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.
Sec. Sec. 49.140-49.200 [Reserved]
0
5. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.9871-49.9890 [Reserved]
0
6. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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.
[[Page 18111]]
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.9901-49.9920 [Reserved]
0
7. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.9931-49.9950 [Reserved]
0
8. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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
[[Page 18112]]
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 public health
or welfare.
(k) Section 49.137 Rule for air pollution episodes.
(l) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(m) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(k) Section 49.137 Rule for air pollution episodes.
(l) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(m) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.9961-49.9980 [Reserved]
0
9. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 49.9982 through 49.10010 contain the
implementation plan for the Confederated Tribes of the Coos, Lower
Umpqua and Siuslaw Indians. This plan consists of 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
------------------------------------------------------------------------
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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.
[[Page 18113]]
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.9991-49.10010 [Reserved]
0
10. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10021-49.10040 [Reserved]
0
12. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 49.10042 through 49.10100 contain the
implementation plan for the Cow Creek Band of Umpqua Indians. This plan
consists of a combination of Tribal rules and measures and Federal
regulations and measures which apply within the Reservation of the Cow
Creek Band of Umpqua Indians.
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.
[[Page 18114]]
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10051-49.10100 [Reserved]
0
12. Subpart M of part 49 is amended by adding an undesignated center
heading and Sec. Sec. 49.10101 through 49.10110 to read as follows:
Implementation Plan for the Confederated Tribes of the Grand Ronde
Community of Oregon
Sec. 49.10101 Identification of plan.
This section and Sec. Sec. 49.10102 through 49.10130 contain the
implementation plan for the Confederated Tribes of the Grand Ronde
Community. This plan consists of 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10111-49.10130 [Reserved]
0
13. Subpart M of part 49 is amended by adding an undesignated center
heading and Sec. Sec. 49.10131 through 49.10140 to read as follows:
[[Page 18115]]
Implementation Plan for the Hoh Indian Tribe of the Hoh Indian
Reservation, Washington
Sec. 49.10131 Identification of plan.
This section and Sec. Sec. 49.10132 through 49.10160 contain the
implementation plan for the Hoh Indian Tribe 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10141-49.10160 [Reserved]
0
14. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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
[[Page 18116]]
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10171-49.10190 [Reserved]
0
15. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10201-49.10220 [Reserved]
0
16. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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.
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.
[[Page 18117]]
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10231-49.10250 [Reserved]
0
17. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10261-49.10280 [Reserved]
0
18. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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
[[Page 18118]]
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10291-49.10310 [Reserved]
0
19. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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.
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.
[[Page 18119]]
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10321-49.10340 [Reserved]
0
20. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10351-49.10370 [Reserved]
0
21. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 49.10371 through 49.10380 to read as follows:
Implementation Plan for the Muckleshoot Indian Tribe of the Muckleshoot
Reservation, Washington
Sec. 49.10371 Identification of plan.
This section and Sec. Sec. 49.10372 through 49.10400 contain the
implementation plan for the Muckleshoot Indian Tribe. This plan
consists of 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.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
[[Page 18120]]
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10381-49.10400 [Reserved]
0
22. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 49.10401 through 49.10410 to read as follows:
Implementation Plan for the Nez Perce Tribe of Idaho
Sec. 49.10401 Identification of plan.
This section and Sec. Sec. 49.10402 through 49.10430 contain the
implementation plan for the Nez Perce Tribe. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply within the Nez Perce Reservation, as described in
the 1863 Nez Perce Treaty.
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 general open burning permits.
(k) Section 49.133 Rule for agricultural burning permits.
(l) Section 49.134 Rule for forestry and silvicultural burning
permits.
(m) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(n) Section 49.137 Rule for air pollution episodes.
(o) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(p) Section 49.139 Rule for non-Title V operating permits.
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 general open burning permits.
(k) Section 49.133 Rule for agricultural burning permits.
(l) Section 49.134 Rule for forestry and silvicultural burning
permits.
(m) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(n) Section 49.137 Rule for air pollution episodes.
(o) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(p) Section 49.139 Rule for non-Title V operating permits.
Sec. 49.10411 Permits for general open burning, agricultural burning,
and forestry and silvicultural burning.
(a) Beginning June 7, 2005, a person must apply for and obtain a
permit under Sec. 49.132 Rule for general open burning permits.
(b) Beginning June 7, 2005, a person must apply for and obtain
approval of a permit under Sec. 49.133 Rule for agricultural burning
permits.
(c) Beginning June 7, 2005, a person must apply for and obtain
approval of a permit under Sec. 49.134 Rule for forestry and
silvicultural burning permits.
Sec. Sec. 49.10412-49.10430 [Reserved]
0
23. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 49.10431 through 49.10440 to read as follows:
[[Page 18121]]
Implementation Plan for the Nisqually Indian Tribe of the Nisqually
Reservation, Washington
Sec. 49.10431 Identification of plan.
This section and Sec. Sec. 49.10432 through 49.10460 contain the
implementation plan for the Nisqually Indian Tribe. This plan consists
of 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10441-49.10460 [Reserved]
0
24. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 18122]]
implementation plan for the Reservation of the Nooksack Indian Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10471-49.10490 [Reserved]
0
25. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10501-49.10520 [Reserved]
0
26. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 49.10521 through 49.10530 to read as follows:
Implementation Plan for the Puyallup Tribe of the Puyallup Reservation,
Washington
Sec. 49.10521 Identification of plan.
This section and Sec. Sec. 49.10522 through 49.10550 contain the
implementation plan for the Puyallup Tribe. This plan consists of a
combination of Tribal rules and measures and Federal regulations and
measures which apply to trust and restricted lands within the 1873
Survey Area of the Puyallup Reservation (the Puyallup Reservation),
consistent with the Puyallup Tribe of Indians Land Claims Settlement
Act, ratified by Congress in 1989 (25 U.S.C. 1773).
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:
[[Page 18123]]
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 land in trust are within the Puyallup
Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10531-49.10550 [Reserved]
0
27. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10561-49.10580 [Reserved]
0
28. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 49.10582 through 49.10640 contain the
implementation plan for the Quinault Tribe. This plan consists of a
combination of Tribal rules
[[Page 18124]]
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.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10591-49.10640 [Reserved]
0
29. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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.
[[Page 18125]]
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10651-49.10670 [Reserved]
0
30. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10681-49.10700 [Reserved]
0
31. Subpart M of Part 49 is amended by revising the undesignated center
heading and Sec. Sec. 49.10701 through 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 Sec. Sec. 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.
0
32. Subpart M of Part 49 is amended by revising Sec. Sec. 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.
[[Page 18126]]
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.10711 Federal Implementation Plan for the Astaris-
Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall
PM-10 nonattainment Area.
0
33. Subpart M of Part 49 is amended by revising Sec. Sec. 49.10709
through 49.10710 to read as follows:
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.10711 Federal Implementation Plan for the Astaris-
Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall
PM-10 Nonattainment Area.
0
34. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permit.
Sec. Sec. 49.10741-49.10760 [Reserved]
0
35. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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.
[[Page 18127]]
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
------------------------------------------------------------------------
Sec. 49.10766 Contents of implementation plan.
The implementation plan for the Skokomish Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10771-49.10820 [Reserved]
0
36. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
[[Page 18128]]
(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. Sec. 49.10831-49.10850 [Reserved]
0
37. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 49.10852 through 49.10880 contain the
implementation plan for the Squaxin Island Tribe. This plan consists of
a combination of Tribal rules and measures and Federal regulations and
measures which apply within the Squaxin Island Reservation.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10861-49.10880 [Reserved]
0
38. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
[[Page 18129]]
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.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10891-49.10920 [Reserved]
0
39. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 49.10922 through 49.10950 contain the
implementation plan for the Suquamish Indian Tribe of the Port Madison
Reservation. This plan consists of 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10931-49.10950 [Reserved]
0
40. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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
[[Page 18130]]
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10961-49.10980 [Reserved]
0
41. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.10991-49.11010 [Reserved]
0
42. Subpart M of Part 49 is amended by adding an undesignated center
[[Page 18131]]
heading and Sec. Sec. 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 Sec. Sec. 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
------------------------------------------------------------------------
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 general open burning permits.
(i) Section 49.133 Rule for agriculture burning permits.
(j) Section 49.134 Rule for forestry and silvicultural burning
permits.
(k) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(l) Section 49.137 Rule for air pollution episodes.
(m) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(n) Section 49.139 Rule for non-Title V operating permits.
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 general open burning permits.
(i) Section 49.133 Rule for agriculture burning permits.
(j) Section 49.134 Rule for forestry and silvicultural burning
permits.
(k) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(l) Section 49.137 Rule for air pollution episodes.
(m) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(n) Section 49.139 Rule for non-Title V operating permits.
Sec. 49.11021 Permits for general open burning, agricultural burning,
and forestry and silvicultural burning.
(a) Beginning January 1, 2007, a person must apply for and obtain a
permit under Sec. 49.132 Rule for general open burning permits.
(b) Beginning January 1, 2007, a person must apply for and obtain
approval of a permit under Sec. 49.133 Rule for agricultural burning
permits.
(c) Beginning January 1, 2007, a person must apply for and obtain
approval of a permit under Sec. 49.134 Rule for forestry and
silvicultural burning permits.
Sec. Sec. 49.11022-49.11040 [Reserved]
0
43. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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.
[[Page 18132]]
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits
Sec. Sec. 49.11051-49.11070 [Reserved]
0
44. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 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 Sec. Sec. 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.11081-49.11100 [Reserved]
0
45. Subpart M of Part 49 is amended by adding an undesignated center
heading and Sec. Sec. 49.11101 through 49.11110 to read as follows:
Implementation Plan for the Confederated Tribes and Bands of the Yakama
Nation, Washington
Sec. 49.11101 Identification of plan.
This section and Sec. Sec. 49.11102 through 49.11130 contain the
implementation plan for the Confederated Tribes and Bands of the Yakama
Nation. This plan consists of 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
[[Page 18133]]
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................................... III
Particulate matter (PM10)............... I
Sulfur oxides........................... III
------------------------------------------------------------------------
Sec. 49.11106 Contents of implementation plan.
The implementation plan for the Yakama Reservation consists of the
following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
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 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 public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
Sec. Sec. 49.11111-49.11130 [Reserved]
Sec. Sec. 49.11131-49.17810 [Reserved]
0
46. 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
------------------------------------------------------------------------
Burns Paiute Tribe of the Sec. Sec. 49.9861 to 49.9890
Burns Paiute Indian Colony of
Oregon.
Chehalis Reservation, Sec. Sec. 49.9891 to 49.9920
Washington-Confederated
Tribes of the.
Coeur d'Alene Tribe of the Sec. Sec. 49.9921 to 49.9950
Coeur D'Alene Reservation,
Idaho.
Colville Reservation, Sec. Sec. 49.9951 to 49.9980
Washington--Confederated
Tribes of the.
Coos, Lower Umpqua and Siuslaw Sec. Sec. 49.9981 to 49.10010
Indians of Oregon--
Confederated Tribes of the.
Coquille Tribe of Oregon...... Sec. Sec. 49.10011 to 49.10040
Cow Creek Band of Umpqua Sec. Sec. 49.10041 to 49.10070
Indians of Oregon.
Grand Ronde Community of Sec. Sec. 49.10101 to 49.10130
Oregon--Confederated Tribes
of the.
Hoh Indian Tribe of the Hoh Sec. Sec. 49.10131 to 49.10160
Indian Reservation,
Washington.
Jamestown S'Klallam Tribe of Sec. Sec. 49.10161 to 49.10190
Washington.
Kalispel Indian Community of Sec. Sec. 49.10191 to 49.10220
the Kalispel Reservation,
Washington.
Klamath Indian Tribe of Oregon Sec. Sec. 49.10221 to 49.10250
Kootenai Tribe of Idaho....... Sec. Sec. 49.10251 to 49.10280
Lower Elwha Tribal Community Sec. Sec. 49.10281 to 49.10310
of the Lower Elwha
Reservation, Washington.
Lummi Tribe of the Lummi Sec. Sec. 49.10311 to 49.10340
Reservation, Washington.
Makah Indian Tribe of the Sec. Sec. 49.10341 to 49.10370
Makah Indian Reservation,
Washington.
Muckleshoot Indian Tribe of Sec. Sec. 49.10371 to 49.10400
the Muckleshoot Reservation,
Washington.
Nez Perce Tribe of Idaho...... Sec. Sec. 49.10401 to 49.10430
Nisqually Indian Tribe of the Sec. Sec. 49.10431 to 49.10460
Nisqually Reservation,
Washington.
Nooksack Indian Tribe of Sec. Sec. 49.10461 to 49.10490
Washington.
Port Gamble Indian Community Sec. Sec. 49.10491 to 49.10520
of the Port Gamble
Reservation, Washington.
Puyallup Tribe of the Puyallup Sec. Sec. 49.10521 to 49.10550
Reservation, Washington.
Quileute Tribe of the Quileute Sec. Sec. 49.10551 to 49.10580
Reservation, Washington.
Quinault Tribe of the Quinault Sec. Sec. 49.10581 to 49.10610
Reservation, Washington.
Sauk-Suiattle Indian Tribe of Sec. Sec. 49.10641 to 49.10670
Washington.
Shoalwater Bay Tribe of the Sec. Sec. 49.10671 to 49.10700
Shoalwater Bay Indian
Reservation, Washington.
Shoshone-Bannock Tribes of the Sec. Sec. 49.10701 to 49.10730
Fort Hall Indian Reservation
of Idaho.
Siletz Reservation, Oregon-- Sec. Sec. 49.10731 to 49.10760
Confederated Tribes of the.
Skokomish Indian Tribe of the Sec. Sec. 49.10761 to 49.10790
Skokomish Reservation,
Washington.
Spokane Tribe of the Spokane Sec. Sec. 49.10821 to 49.10850
Reservation, Washington.
Squaxin Island Tribe of the Sec. Sec. 49.10851 to 49.10880
Squaxin Island Reservation,
Washington.
Stillaguamish Tribe of Sec. Sec. 49.10881 to 49.10920
Washington.
[[Page 18134]]
Suquamish Indian Tribe of the Sec. Sec. 49.10921 to 49.10950
Port Madison Reservation,
Washington.
Swinomish Indians of the Sec. Sec. 49.10951 to 49.10980
Swinomish Reservation,
Washington.
Tulalip Tribes of the Tulalip Sec. Sec. 49.10981 to 49.11010
Reservation, Washington.
Umatilla Reservation, Oregon-- Sec. Sec. 49.11011 to 49.11040
Confederated Tribes of the.
Upper Skagit Indian Tribe of Sec. Sec. 49.11041 to 49.11070
Washington.
Warm Springs Reservation of Sec. Sec. 49.11071 to 49.11100
Oregon--Confederated Tribes
of the.
Yakama Nation, Washington-- Sec. Sec. 49.11101 to 49.11130
Confederated Tribes and Bands
of the.
------------------------------------------------------------------------
[FR Doc. 05-6367 Filed 4-7-05; 8:45 am]
BILLING CODE 6560-50-P