Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon, and Washington, 61870-61940 [2022-20486]
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
40 CFR Part 49
[EPA–R10–OAR–2020–0361; FRL–5565–02–
R10]
RIN 2012–AA02
Federal Implementation Plans Under
the Clean Air Act for Indian
Reservations in Idaho, Oregon, and
Washington
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to revise the
Federal Air Rules for Reservations
(FARR), which is a collection of Federal
Implementation Plans (FIPs) under the
Clean Air Act for Indian reservations in
Idaho, Oregon, and Washington. The
proposed revisions, the first since the
FARR was promulgated in 2005, clarify
aspects of the initial rules, improve
implementation, reflect air quality
improvement strategies similar to those
implemented in neighboring
jurisdictions, and add provisions to
address high levels of particulate matter
emissions. In addition, the EPA
proposes to promulgate three new FIPs
implementing the FARR, for the
Snoqualmie Indian Reservation, the
Cowlitz Indian Reservation, and the
lands held in trust for the Samish Indian
Nation. As revised, the FARR will help
further protect the human health and
the environment of communities in and
adjacent to these Indian reservations.
The FARR will continue to be
implemented by the EPA or a delegated
Tribal authority, until replaced by a
Tribal Implementation Plan (TIP) for a
particular Indian reservation.
DATES:
Comments: Comments must be
received on or before January 10, 2023.
Under the Paperwork Reduction Act
(PRA), comments on the information
collection provisions are best assured of
consideration if the Office of
Management and Budget (OMB)
receives a copy of your comments on or
before November 14, 2022. Please refer
to the SUPPLEMENTARY INFORMATION
section (section IV.B. Paperwork
Reduction Act (PRA) of this preamble)
for additional information on submitting
comments to OMB.
Public Hearing: If anyone contacts us
requesting a public hearing on or before
October 27, 2022, the EPA will hold a
virtual public hearing. See
SUPPLEMENTARY INFORMATION for
information on requesting and
registering for a public hearing.
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SUMMARY:
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You may submit your
comments, identified by Docket ID No.
EPA–R10–OAR–2020–0361, using the
Federal eRulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. See the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments. Please contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section if you need assistance.
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT:
Sandra Brozusky, Air and Radiation
Division, EPA Region 10, 1200 Sixth
Avenue, Suite 155, Seattle, WA 98101–
1128, (206) 553–5317,
brozusky.sandra@epa.gov.
SUPPLEMENTARY INFORMATION:
Participation in virtual public hearing.
As discussed in the public hearing
subsection, if anyone contacts us to
request a public hearing on or before
October 27, 2022, a virtual hearing will
be held on November 17, 2022. The
opportunity for a virtual public hearing
is being offered to provide interested
parties the opportunity to present
information and opinions to the EPA
concerning our proposal.
If requested, the virtual hearing will
convene at 5:30 p.m. Pacific Time and
will conclude at 8:00 p.m. Pacific Time
unless the number of registrants
indicates more time is needed. The EPA
may close a session 15 minutes after the
last registered speaker has testified if
there are no additional speakers. The
EPA will announce further details,
including whether the hearing will be
held, on the virtual public hearing
website at https://www.epa.gov/farr.
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If a virtual hearing is held you can
register to speak by using the online
registration form available at
www.epa.gov/farr or contact Sandra
Brozusky at by email at
brozusky.sandra@epa.gov. The EPA will
post a general agenda prior to the
hearing that will list registered speakers
in approximate order at: www.epa.gov/
farr.
The EPA will make every effort to
follow the schedule as closely as
possible on the day of the hearing;
however, please plan for the hearings to
run either ahead of schedule or behind
schedule.
Each commenter will have 5 minutes
to provide oral testimony. The EPA
recommends submitting the text of your
oral testimony as written comments to
the rulemaking docket.
The EPA may ask clarifying questions
during the oral presentations but will
not respond to the presentations at that
time. Written statements and supporting
information submitted during the
comment period will be considered
with the same weight as oral testimony
and supporting information presented at
the public hearing.
Please note that any updates made to
any aspect of the hearing will be posted
online at www.epa.gov/farr. Please
monitor our website or contact Sandra
Brozusky at (206) 553–5317 or by email
at brozusky.sandra@epa.gov to
determine if there are any updates. The
EPA does not intend to publish a
document in the Federal Register
announcing updates.
If you require the services of a
translator or a special accommodation
such as audio description, please
register for the hearing and describe
your needs by November 1, 2022. If you
need additional assistance, please
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section.
The EPA may not be able to arrange
accommodations without advanced
notice.
Docket. The EPA has established a
docket for this rulemaking under Docket
ID No. EPA–R10–OAR–2020–0361. All
documents in the docket are listed in
Regulations.gov. Although listed, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy. Publicly
available docket materials are available
electronically in www.regulations.gov.
Instructions. Direct your comments to
Docket ID No. EPA–R10–OAR–2020–
0361. The EPA’s policy is that all
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be CBI or other information
whose disclosure is restricted by statute.
Do not submit electronically any
information that you consider to be CBI
or other information whose disclosure is
restricted by statute.
The EPA may publish any comment
received to its public docket.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the Web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
The www.regulations.gov website
allows you to submit your comment
anonymously, which means the EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you submit an
electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
digital storage media you submit. If the
EPA cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should not include
special characters or any form of
encryption and be free of any defects or
viruses. For additional information
about the EPA’s public docket, visit the
EPA Docket Center homepage at https://
www.epa.gov/dockets.
Due to public health concerns related
to COVID–19, the EPA Docket Center
and Reading Room are open to the
public by appointment only. Our Docket
Center staff will continue to provide
remote customer service via email,
phone, and webform. We encourage the
public to submit comments via
www.regulations.gov. For further
information and updates on EPA Docket
Center services, please visit us online at
https://www.epa.gov/dockets.
The EPA continues to carefully and
continuously monitor information from
the CDC, local area health departments,
and our Federal partners so that we can
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respond rapidly as conditions change
regarding COVID–19.
Submitting CBI. Do not submit
information containing CBI to the EPA
through www.regulations.gov or email.
Clearly mark the part or all of the
information that you claim to be CBI. If
your material cannot be submitted using
www.regulations.gov contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
Organization of this document.
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA. This supplementary
information section is arranged as
follows:
Table of Contents
I. Background
A. Today’s Action
B. Basis for Proposed Action
C. Areas Covered by the Rules
D. Relationship Between Part 49, Subpart
C and Subpart M
II. Proposed FIP Revisions
A. Proposed Revisions and New Rules
B. Rules Proposed for Specific Indian
Reservations
C. Environmental Justice
D. Costs and Benefits Associated With
These Rules
III. Public Participation and Request for
Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
I. Background
A. Today’s Action
To better protect air quality on Indian
reservations in Idaho, Oregon, and
Washington, and consistent with our
authority under sections 301(a) and
301(d)(4) of the Clean Air Act (CAA)
and 40 CFR 49.11(a), the EPA is
proposing revisions to the Federal
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implementation plans (FIPs) (40 CFR
part 49, subpart M) and the General
Rules for Application to Indian
Reservations in EPA Region 10 (40 CFR
part 49, subpart C). These rules,
originally promulgated in 2005, are
collectively known as the Federal Air
Rules for Reservations or ‘‘FARR.’’ As
revised, the FARR will continue to
ensure that basic air quality regulations
are in place to protect health and
welfare on Indian reservations located
in Idaho, Oregon, and Washington.
The proposed revisions are based on
the EPA’s and Tribes’ experience in
implementing the FARR since 2005, as
well as changes in related Federal air
quality regulations, and changes in
monitored air quality. The revisions
range from minor clarifications and
revisions to existing rule language, to
new regulations addressing additional
emission sources, such as wood burning
devices, that contribute to high levels of
particulate matter emissions in certain
areas. The minor changes to the existing
FARR consist of eliminating duplicative
text, correcting syntax and crossreference errors, renumbering, minor
clarification of rule language to improve
consistency and implementation, and
reformatting. In describing the FARR
revisions in section II of this preamble,
we have focused on the substantive rule
changes, and do not describe in detail
the editorial changes made throughout.
The proposed revisions include minor
editorial changes throughout the FARR
(subpart C) and FIP (subpart M) rules, in
addition to substantive changes to
certain provisions of the rules. As such,
we are publishing with this proposal the
full text of the rules as proposed to be
revised, rather than only the portions of
the text proposed to be revised in this
action. A redline-strikeout comparison
of the revised rules, as proposed, to the
existing FARR and FIPs showing all
proposed changes is included in the
docket for this action. The EPA solicits
comments on all aspects of the proposed
revisions.
The EPA actively coordinated and
consulted with affected Tribes in both
group and individual meetings and
encouraged affected Tribes to provide
input to the EPA in developing these
proposed revisions to ensure that Tribal
considerations are properly addressed.
This coordination and consultation with
affected Tribes is described in the
docket for this action.
B. Basis for Proposed Action
On April 8, 2005, the EPA
promulgated FIPs under the CAA for 39
Indian reservations in Idaho, Oregon,
and Washington to provide basic air
quality regulations to protect health and
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welfare (70 FR 18074). The EPA took
this action under its authority in
sections 301(a) and 301(d)(4) of the CAA
and 40 CFR 49.11(a) to promulgate
‘‘such Federal implementation plan
provisions as are necessary or
appropriate to protect air quality’’ in
Indian country. A key goal of the FARR
was to help ensure that people living
within Indian reservation boundaries
receive equivalent air quality protection
to those living outside of Indian
reservations, as well as to ‘‘level the
playing field’’ and help ensure that
emissions from sources located within
Indian reservations are controlled to
levels similar to those of sources located
outside the Indian reservations. The
FARR rules were therefore substantially
similar in the level of control to the
neighboring State and local rules most
relevant to the air polluting activities on
these Indian reservations (70 FR 18074,
18077, 18091, 18093, April 8, 2005) (67
FR 11748, 11753, March 15, 2002).
The EPA has stated that it intends to
carry out its authority under the CAA in
Indian country in a prioritized way,
beginning with sources that pose the
greatest threat to public health and the
environment (64 FR 8247, 8255,
February 19, 1999) (67 FR 11748, 11749,
March 15, 2002). The initial FIPs were
the first building blocks under the CAA
to address the most prevalent needs
identified on Indian reservations in the
Pacific Northwest. The EPA committed
to revising the FARR as necessary or
appropriate after gaining experience in
implementing the FARR, identifying
additional regulatory needs in light of
changing air quality needs, and in
consultation with Tribes (70 FR 18074,
18079, 18082, 18085, April 8, 2005).
This proposed rulemaking is the next
step in addressing known air quality
concerns on Indian reservations in the
Pacific Northwest. The EPA has been
implementing the FARR for over 15
years, often with the help of Tribes
through formal delegations, grants, and
informal assistance. Over the last
several years, the EPA has actively
coordinated and consulted with the
Tribes in Idaho, Oregon, and
Washington in developing these
proposed revisions to the FARR and has
sought suggestions from those
responsible for implementation. The
proposed revisions in this action
incorporate many of these suggestions.
As with the initial promulgation of
the FARR in 2005, the EPA is proposing
these revisions under our authority in
sections 301(a) and 301(d)(4) of the CAA
and 40 CFR 49.11(a) because we have
concluded that the revisions are
necessary or appropriate for protecting
air quality on Indian reservations in the
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Pacific Northwest. The proposed
revisions fall into several categories.
First, the EPA and the affected Tribes
have identified needed clarifications of
existing rule sections to ensure the
FARR is implemented as intended in
2005. Second, promulgation of new
requirements that apply on Indian
reservations, such as the Federal Minor
New Source Review Program in Indian
Country (Indian Country Minor NSR
Rule) (76 FR 38748, July 1, 2011) has
made some provisions of the FARR
obsolete or necessitated revisions.
Third, the test methods and industry
standards incorporated by reference into
the FARR have been updated since
2005. Fourth, input from affected Tribes
and the EPA’s ongoing evaluation of the
FARR identified particular concerns
with air pollution from some
unregulated sources of particulate
matter, such as emissions from
residential wood burning devices and
certain orchard heating devices.
Finally, since promulgation of the
FARR, the EPA has strengthened the
National Ambient Air Quality Standards
(NAAQS) and increased protection of
public health and welfare from fine
particle pollution by reducing the level
of the NAAQS for PM2.5 (particles less
than or equal to 2.5 micrometers in
aerodynamic diameter) to 35
micrograms per cubic meter (mg/m3) for
the 24-hour standard and 12 mg/m3 for
the annual standard (71 FR 61144,
October 17, 2006) (78 FR 3086, January
15, 2013) 1. The NAAQS, promulgated
under section 109 of the CAA, are a key
component of air quality protection
under the CAA. PM2.5 particles,
measuring about 30 times less than the
diameter of a human hair, are
particularly harmful to human health as
they can travel through the blood stream
and cause significant health risks.
Since the PM2.5 NAAQS have been
revised, more Indian reservations in the
Pacific Northwest are at risk of a
‘‘nonattainment’’ designation, which
may result in the development and
implementation of plans containing
stricter air pollution reduction
measures. To reduce emissions to help
these areas continue to maintain the
NAAQS and better protect public health
and welfare on Indian reservations in
the Pacific Northwest, the EPA is
1 The CAA requires EPA to periodically review
the standards to ensure that they provide adequate
health and environmental protection, and to update
those standards as necessary. The EPA is currently
reconsidering a previous decision to retain the PM
NAAQS, which were last strengthened in 2012 and
expects to issue a proposed rulemaking in 2022 and
a final rule in 2023. Should the NAAQS be revised,
the EPA will work with Tribes to designate Indian
reservations and evaluate whether further revisions
to the FARR are necessary or appropriate.
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proposing revisions to existing rules and
new rule sections to address certain
previously unregulated sources of
particulate matter emissions. These
proposed regulations are described in
more detail in Section II of this
preamble.
In developing these proposed
revisions, the EPA has two objectives in
addition to those discussed in the
previous paragraphs of this section.
First, the EPA is proposing only those
regulations that, to the extent
practicable, minimize the
implementation burdens upon the EPA
and the regulated community while
establishing requirements that are
unambiguous and enforceable. Second,
the EPA anticipates that these
regulations can serve as models for
Tribes as they continue to develop their
own air quality programs. To that end,
the regulations are designed so they can
be implemented by a small air pollution
agency and can be readily delegated to
a Tribe for implementation.
As with the initial FARR
promulgation, the EPA does not intend,
nor does it expect, the proposed
revisions to impose significantly
different regulatory burdens upon
industry or residents within Indian
reservations than those imposed by the
rules of State and local air agencies in
the surrounding areas. Instead, the
intent remains to ensure that people
living within Indian reservation
boundaries receive equivalent air
quality protection, and that emissions
from sources located within Indian
reservations are controlled to levels
similar to those of sources located
outside the Indian reservations.
C. Areas Covered by the Rules
The FARR generally applies to any
person who owns or operates an air
pollution source within the exterior
boundaries of an Indian reservation in
Idaho, Oregon, or Washington as set
forth in 40 CFR part 49, subpart M
Implementation Plans for Tribes—
Region X. As discussed in the Tribal
Authority Rule (TAR) (63 FR 7254,
7257–58, February 12, 1998), the EPA
interprets the term ‘‘reservation’’
consistent with U.S. Supreme Court
case law to include both (1) lands that
have been formally designated as a
reservation by, for example, treaty,
Federal statute, or Executive Order of
the President (often referred to as
‘‘formal reservations’’) and (2) lands
held in trust by the United States for the
benefit of a Tribe, even if such lands
have not been formally designated as a
reservation (often referred to as
‘‘informal reservations’’) (40 CFR
49.2(b); see also Arizona Public Service
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Co. v. EPA, 211 F.3d 1280, 1292–94
(D.C. Cir. 2000), cert. denied, 532 U.S.
970 (2001)). The preambles to the
proposed and final FARR promulgated
in 2005 indicate that the EPA intended
that the FIP for a particular Tribe would
apply to trust lands, even if not formally
designated as a reservation (70 FR
18074, 18076–77, April 8, 2005) (67 FR
11748, 11749–11750, March 15, 2002).
This intention, however, may not have
been clear in light of language included
in the final response to comments
document for the FARR, ‘‘Response to
Comments on the March 15, 2002
Proposal for Federal Implementation
Plans under the Clean Air Act for Indian
Reservations in Idaho, Oregon, and
Washington,’’ comment A.3, indicating
that the EPA intended the FARR to
apply only to the formally designated
reservation of a particular Indian Tribe.
The EPA believes it is important to
make clear that the environmental
protections provided by the FARR
extend to ‘‘reservations,’’ as that term
has been interpreted by EPA under CAA
Section 301(d)(2)(B) and the TAR, that
is, including any land held in trust for
a covered Tribe that has not been
formally designated as a reservation.
The FARR currently defines ‘‘Indian
country,’’ which includes Indian
reservations as one element of Indian
country but does not have a stand-alone
definition of ‘‘Indian reservation.’’ The
EPA is proposing to add a definition of
‘‘Indian reservation’’ in the FARR that
defines ‘‘Indian reservation’’ according
to the language of the Indian reservation
element of Indian country and is thus
consistent with the definition of
‘‘Federal Indian Reservation,’’ ‘‘Indian
Reservation,’’ or ‘‘Reservation’’ under
the TAR (40 CFR 49.2(c)). To eliminate
any questions as to where the FARR
applies, the EPA proposes to include in
the FARR definition of Indian
reservation the following explanatory
language: ‘‘Under this definition, Indian
reservations include lands held in trust
by the United States government for the
benefit of an Indian Tribe even if the
trust lands have not been formally
designated as a reservation’’. The
inclusion of this additional explanatory
language is not intended to make the
use of the term ‘‘Indian reservation’’ in
the FARR differ in any respect from that
term as used and defined in the TAR,
but rather to ensure the meaning of the
term ‘‘Indian reservation’’ under the
FARR is clear to the regulated
community. Because a FIP under the
FARR applies ‘‘within’’ the reservation
of the specified Tribe, any newly
established reservation lands for the
specified Tribe will become
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automatically subject to the FIP for that
Tribe as soon as the lands obtain their
reservation status. The EPA has added
language to make this clear.
Recognizing the lack of clarity on
these issues under the existing language
in the FARR, however, the proposed
revisions would establish a date after
which subject sources on land held in
trust for a Tribe that has not been
formally designated as a reservation
must meet the requirements of the
FARR.2 In general, that date will be the
effective date of the final rule
promulgating these revisions. However,
for rules that provide a period of time
before subject sources are required to
comply, the compliance dates for newly
subject sources will be specified in
those rules. As currently is the case,
however, the FARR will not apply to the
reservation of a newly-recognized
Indian Tribe in Idaho, Oregon, or
Washington until a FIP has been
promulgated for the reservation of that
Tribe, which would occur only after
coordination and consultation with the
affected Tribe and a rulemaking with
notice and an opportunity for public
comment.
In addition to this clarification, the
EPA is proposing to make the FARR, as
revised, applicable through the
promulgation of FIPs to the reservation
lands of two Federally recognized
Indian Tribes that did not have
reservation lands when the FARR was
originally promulgated in 2005. At that
time, the Cowlitz Indian Tribe and the
Snoqualmie Indian Tribe had both
received Federal recognition but did not
have reservation lands. The Cowlitz
Indian Reservation was established on
March 9, 2015, and covers 152 acres in
Clark County, Washington (80 FR
70250, November 13, 2015). The
Snoqualmie Indian Reservation was
established on October 20, 2006,
covering approximately 55.84 acres in
King County, Washington (71 FR 63347,
October 30, 2006). In anticipation of this
proposed revision, the EPA met
2 We estimate that there are approximately 31
stationary sources, such as casinos and a coffee
roaster, located on such lands covered or proposed
to be covered by the FARR. We are not aware of
any such sources that would require additional
control or monitoring equipment to comply with
the FARR, as revised. The EPA is not proposing to
revise the FARR to apply to other areas of Indian
country, namely, individual Indian allotment lands
that are located outside the exterior boundaries of
a reservation or dependent Indian communities that
do not also qualify as reservations. The EPA is not
currently aware of any sources on those types of
land outside of reservations in Idaho, Oregon, or
Washington to which the FARR need apply. If in
the future, EPA becomes aware of air quality
concerns for Indian country outside of ‘‘Indian
reservations’’ as defined in the FARR, EPA may
propose other requirements that are deemed
necessary or appropriate.
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informally and had discussions with
both Tribes to explain the FARR and the
proposed revisions to make the FARR
apply to their Indian reservations and
received each Tribe’s input.
The EPA is also proposing to make
the FARR, as revised, applicable
through the promulgation of a FIP to the
lands held in trust for the Samish Indian
Nation. When the FARR was
promulgated in 2005, the Samish Indian
Nation had received Federal recognition
but did not have trust lands or a
formally designated reservation. During
the development of the FARR revisions,
the EPA had discussions with the
Samish Indian Nation about having the
FARR apply to their trust lands.
Applying the FARR to the lands held in
trust for the Samish Indian Nation
would be consistent with the
clarifications discussed in this section
to ensure the FARR applies to any land
held in trust for a Tribe that has not
been formally designated as a
reservation. The specific rule sections
that apply on each of these Indian
reservations would be incorporated by
reference into reservation specific FIPs
at 40 CFR part 49, subpart M, as shown
in the proposed rulemaking changes.
D. Relationship Between Part 49,
Subpart C and Subpart M
The FARR has been structured with
the ‘‘modular’’ approach described in
the TAR to allow for both variation
among Indian reservations and to
facilitate the development and approval
of TIPs to replace all or part of the
Federal rules. Each section in subpart C,
e.g., 40 CFR 49.131 General Rule for
open burning, is effectively a ‘‘standalone’’ rule. The EPA promulgated a FIP
in subpart M for each reservation, and
each FIP incorporates specific rule
sections that are tailored on a
reservation-by-reservation basis.
Although most of the rules in the FIPs
constitute a ‘‘base program’’ applicable
to all Indian reservations in Idaho,
Oregon, and Washington, some of the
FIPs include ‘‘additional’’ reservation
specific rules where specific needs exist
or where the EPA determined, in
coordination and consultation with the
relevant Tribe, that a more stringent
provision than would otherwise apply is
appropriate. For example, the rule for
particulate matter emissions from wood
products industry sources was
promulgated in 2005 for Indian
reservations that had existing wood
products industry sources or for those
where such sources might be expected
to locate, and where the EPA
determined, in coordination and
consultation with the affected Tribe,
that more stringent provisions were
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appropriate (67 FR 11748, 11750–11751,
11753, 11758, March 15, 2002). The
proposed revisions maintain this
structure.
Table 1 lists all of the existing rules
and proposed new rules under the
FARR, including the ‘‘base program’’
rules that apply or are proposed to
apply on all Indian reservations in
Idaho, Oregon, and Washington, as well
as the ‘‘additional’’ reservation specific
rules that apply or are proposed to
apply on some, but not all such Indian
reservations (further discussed in
Section II. of this preamble).
TABLE 1—BASE PROGRAM AND ADDITIONAL RULES
Title
Base program
Additional
rules
General provisions ............................................................................................................
Rule for limiting visible emissions ....................................................................................
Rule for limiting the emissions of particulate matter ........................................................
Rule for limiting fugitive particulate matter emissions ......................................................
Rule for woodwaste burners .............................................................................................
Rule for limiting particulate matter emissions from wood products industry sources ......
Rule for limiting emissions of sulfur dioxide .....................................................................
Rule for limiting sulfur in fuels ..........................................................................................
General rule for open burning ..........................................................................................
Rule for large open burning permits .................................................................................
Rule for agricultural burning permits ................................................................................
Rule for forestry and silvicultural burning permits ............................................................
Rule for emissions detrimental to public health or welfare ..............................................
Rule for air pollution episodes ..........................................................................................
Rule for the registration of air pollution sources and the reporting of emissions ............
Rule for non-Title V operating permits .............................................................................
Rule for residential wood burning devices .......................................................................
Rule for curtailment of residential wood burning devices for specific areas ...................
Rule for small open burning annual permits ....................................................................
Permit by rule for small open burns .................................................................................
x
x
x
x
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x
x
x
........................
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........................
x
x
x
x
x
........................
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x
x
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x
x
x
........................
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x
x
x
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§ 49.123
§ 49.124
§ 49.125
§ 49.126
§ 49.127
§ 49.128
§ 49.129
§ 49.130
§ 49.131
§ 49.132
§ 49.133
§ 49.134
§ 49.135
§ 49.137
§ 49.138
§ 49.139
§ 49.140
§ 49.141
§ 49.142
§ 49.143
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This structure also facilitates the
delegation under 40 CFR 49.122 of
certain FARR rules to Tribes that are
building air quality programs. A
delegation agreement authorizes a Tribe,
with Federal assistance, to administer
the Federal program, with EPA taking
any appropriate enforcement. This
approach allows the EPA to establish
requirements tailored to local needs that
can be effectively implemented through
a partnership between the EPA and the
Tribe. Delegation of the FARR helps
Tribes gain experience in air quality
management while deciding whether to
adopt their own rules and regulations.
To date several Tribes are assisting the
EPA with implementation of one or
more FARR rules under a delegation
agreement with the EPA. A more
detailed discussion on Tribal
delegations can be found in 67 FR
11748, 11751–52, March 15, 2002. There
are no substantive revisions proposed to
the delegation provisions of the FARR.
The modular structure of the FARR
also supports Tribes that choose to
develop their own air quality program
and submit it to the EPA for approval
as a TIP. Under section 49.7(c) of the
TAR, Tribes that are approved as
meeting the eligibility criteria for
Treatment as a State have the option of
developing severable elements of a TIP
and submitting those elements to the
EPA for approval under the CAA. This
allows the EPA to approve a Tribal rule
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covering a particular source type or
activity and revoke the corresponding
FARR rule from the FIP, while still
leaving in place the FARR rules for
other sources and/or activities. This
approach allows for an easy incremental
transition from Federal regulations to
EPA-approved Tribal rules. As an
example, on November 24, 2014, the
EPA approved a TIP submitted by the
Swinomish Indian Tribal Community
establishing a Tribal program applicable
to all persons within the exterior
boundaries of the Swinomish
Reservation regulating open burning (79
FR 69763, November 24, 2014). In the
same action, EPA rescinded the FARR
General rule for open burning (40 CFR
49.131) from the Swinomish
Reservation FIP such that only the
Swinomish Tribal open burning rule
applies.
II. Proposed FIP Revisions
A. Proposed Revisions and New Rules
As discussed in Section I.A. of this
preamble, the EPA is proposing to revise
several of the rules originally
promulgated in 2005 that comprised the
original ‘‘base program’’ rules that apply
to all Indian reservations in Idaho,
Oregon, and Washington and is
proposing to promulgate one new ‘‘base
program’’ regulation. The EPA is also
proposing to revise several of the
‘‘additional’’ reservation specific rules
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originally promulgated in 2005 that
apply on some, but not all, Indian
reservations in Idaho, Oregon, and
Washington, and the EPA is proposing
to promulgate several new additional
rules that would only apply, in
coordination and consultation with the
relevant Tribes, on specific Indian
reservations where the EPA finds that
the rules are necessary or appropriate.
See Section II.B. of this preamble for a
more detailed discussion on the
additional rules proposed for specific
Indian reservations. Each of these
proposed new sections address emission
sources that contribute to high levels of
particulate matter emissions and protect
air quality from the potential for
significant deterioration caused by the
release of particulate matter.
The following paragraphs summarize
the substantive proposed changes for
each of the sections of the existing and
new rules that will comprise the ‘‘base
program’’ and the existing and new
additional rules that apply only on
specific Indian reservations.
Administrative Changes
The EPA has made minor
administrative revisions throughout the
FARR to ensure consistency in the use
of terms and structure in similar
provisions and to make other minor
changes, where appropriate. For
example, the proposed revisions replace
the title of the FARR from ‘‘General
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Rules for Application to Indian
Reservations in EPA Region 10’’ with
‘‘General Rules for Application to
Indian Reservations in Idaho, Oregon,
and Washington’’ to better reflect the
geographic scope of the FARR. In 40
CFR 49.121 Partial delegation of
administrative authority to a Tribe, the
revisions clarify that a delegation may
cover all or part of an Indian
Reservation. As another example, at the
end of each section of the current rules
is a subparagraph that lists terms used
in that rule and points to 40 CFR 49.123
General provisions for the definitions of
these terms. The EPA is proposing to
remove these sections because this
itemized list of defined terms has not
proven to be helpful and in fact
sometimes has contributed to confusion.
Each rule in the FARR includes a
section describing the purpose of the
rule. The EPA is revising the statements
of purpose in some of the rules to make
them consistent. The EPA has also made
an administrative change in subpart M
in the FIP for the Spokane Reservation.
The EPA has added to subpart M
language that is currently in 40 CFR part
52, subpart WW (Washington State
Implementation Plan), making clear that
the Spokane Indian Reservation is
designated as a Class I area for the
purposes of preventing significant
deterioration of air quality. This
proposed rulemaking does not propose
changes to this designation, but instead
simply adds the reference to the
designation in the FIP for the Spokane
Reservation because this designation
affects new source review permitting on
and near the Spokane Reservation.
Section 49.123 General provisions.
This section contains the definitions for
specific terms used in the FARR,
specifies the general requirements for
testing, monitoring, recordkeeping and
reporting, specifies requirements for
performance tests, and identifies ASTM,
International (ASTM) materials that are
incorporated by reference in these rules.
Definitions. The EPA is proposing to
add, revise, or remove certain
definitions in this section. The
following new or revised terms are not
discussed here but are discussed in the
sections of this document that discuss
the substantive revisions of the rules:
the definition for Indian reservation is
discussed in Section I.C. of this
preamble and the definitions for
Cooking fire, Large open burn or
burning, Non-title V operating permit,
Orchard heating device, Recreational
fire, and Small open burn or burning are
discussed in the relevant rule sections
in Section II.A. of this preamble.
New definitions. The EPA is
proposing to add several new
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definitions to 40 CFR 49.123 to provide
for a better understanding of the existing
rule language and define applicable
terms used in new sections of the FARR.
The EPA proposes to add the definition
Hog fuel or hogged fuel, which means
wood chips or shavings, residue from
sawmills, and other wood processing
residue. This is intended as a
clarification of the list of items included
in the definition of wood, to carry out
the EPA’s original intent and to provide
a more complete understanding of the
items considered wood and derivatives
of wood.
To implement the authority in 40 CFR
49.129(d) authorizing the EPA to make
certain changes to testing, monitoring,
recordkeeping and reporting
requirements under the FARR, the EPA
is cross-referencing the definitions of
Intermediate change to monitoring,
Major change to monitoring, Minor
change to monitoring, Minor change to
recordkeeping/reporting, and Minor
change to test method in 40 CFR 63.90,
which are used for similar purposes.
With the addition of 40 CFR 49.140
Rule for residential wood burning
devices and 40 CFR 49.141 Rule for
curtailment of residential wood burning
devices for specific areas, the EPA is
also introducing a new definition for
Residential wood burning devices. This
definition, for purposes of the FARR,
means any wood burning device that
supplies heat to a single-family
residence or is installed in an individual
unit of a multiple unit structure such as
a condominium, apartment, duplex,
multiplex, hotel, motel, or resort. This
includes but is not limited to, wood
stoves, fireplaces, fireplace inserts,
residential wood heaters, residential
hydronic heaters, residential forced air
furnaces, and residential central heaters.
The EPA also added definitions for
Residential wood heater, Residential
central heater, Residential forced air
furnace, and Residential hydronic
heater by cross-referencing the
definitions of these same terms in 40
CFR 60.531 and 60.5473 of the EPA
New Source Performance Standards for
New Residential Wood Heaters and New
Residential Hydronic Heaters and
Forced-Air Furnaces as amended (40
CFR part 60, subpart AAA and 40 CFR
part 60, subpart QQQQ).
Revised definitions. In addition to
adding new definitions, the EPA is also
revising several definitions to provide
clarification for better understanding
and ease of implementation. The EPA is
proposing to revise the definition for
Agricultural activities to include
specific examples of activities that are
not considered agricultural activities
(e.g., hop drying in kilns and distillation
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of mint oil). As the EPA has previously
advised the regulated community, the
act of distilling mint or drying hops is
not considered an agricultural activity
under the FARR, and the proposed
revisions help clarify this point.3 In
addition, to eliminate confusion about
whether fugitive emissions from tilled
land are or are not regulated, the EPA
is proposing to remove the reference to
tilled land as an example of fugitive
dust in the Fugitive dust definition.
Although EPA considers the tilling of
land to generate fugitive dust,
‘‘agricultural activities,’’ which includes
the tilling of land, are expressly exempt
from 40 CFR 49.126 Rule for limiting
fugitive particulate matter emissions.
The EPA is revising the definition of
Grate cleaning by clarifying that, in
addition to allowing for the removal of
ash from fireboxes, grate cleaning also
allows for the removal of other noncombustibles (e.g., rocks) from the
firebox. Finally, the EPA is revising the
definition of forestry and silvicultural
burns by clarifying that the term
includes prescribed fire, as that term is
defined in 40 CFR 50.1(m).
Deleted definitions. The EPA is
proposing to remove the definitions of
Garbage and Refuse because they are no
longer used to define what type of open
burning is prohibited in 40 CFR 49.131.
As discussed in this section, we are
proposing to restructure 40 CFR 49.131
General rule for open burning by
removing the list of what cannot be
burned and instead providing a list of
what is allowed to be burned. We are
also proposing to remove the definition
of Smudge pot because smudge pots are
no longer directly referred to in the
FARR. Instead, in 40 CFR 49.123 the
newly proposed definition Orchard
heating device or orchard heater
includes smudge pots as an example of
a type of orchard heating device.
Testing, monitoring, recordkeeping,
and reporting. During the course of
implementing the FARR, questions
arose regarding whether Region 10
could approve alternatives or exceptions
to the requirements for testing,
monitoring, recordkeeping, or reporting
that are specified in the FARR. Unlike
some EPA rules under the CAA (e.g., 40
CFR part 60, 40 CFR part 63), the FARR
as originally enacted in 2005 did not
include the authority or procedures for
3 See letter from EPA Region 10 to the
Administrator of the Washington Hops
Commission, regarding ‘‘Exemption for
‘‘Agricultural Activities’’ under the Federal Air
Rules for Reservations (FARR),’’ date February 2,
2007; letter from EPA Region 10 to the Executive
Director of the Washington Mint Commission,
regarding ‘‘Exemption for ‘‘Agricultural Activities’’
under the Federal Air Rules for Reservations
(FARR),’’ date February 5, 2007.
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requesting or approving alternatives,
exceptions, waivers, and similar actions
for testing, monitoring, recordkeeping,
and reporting required by the FARR.
Region 10 is proposing to add such
authority and procedures to 40 CFR
49.123 General Provisions. These new
provisions would provide Region 10
with authorities similar to those found
in 40 CFR parts 60 and 63. Specifically,
the EPA proposes adding provisions to
allow the approval of the use of a test
method with minor changes in
methodology, the approval of shorter
sampling times or smaller sample
volumes when necessitated by process
variables or other factors, and the
waiver of the requirement for source
tests because the owner or operator of
an affected source has demonstrated by
other means to the Regional
Administrator’s satisfaction that the
affected source is in compliance with
the relevant standard. In addition, the
EPA proposes adding authority to
approve minor changes in methodology
for the specified monitoring
requirements and procedures, as well as
intermediate or major changes or
alternatives to any monitoring
requirements or procedures. Lastly, the
EPA proposes adding authority to
approve minor changes to
recordkeeping or reporting for the
specified requirements and procedures,
as well as to waive recordkeeping or
reporting requirements upon written
application to the Regional
Administrator if, in the Regional
Administrator’s judgment, the affected
source is achieving the relevant
standard(s). A waiver of any
recordkeeping or reporting requirement
granted under this provision may be
conditioned on other recordkeeping or
reporting requirements deemed
necessary by the Regional
Administrator.
Performance tests. The EPA is also
proposing to add general provisions that
specify requirements for performance
tests that apply where the applicable
standard or test method does not
include such requirements. These
requirements specify, for example, the
number of valid test runs for a
performance test and are consistent with
the requirements EPA includes in
permits and regulations where
performance testing is required.
ASTM standards. In 40 CFR 49.123(g),
the EPA is proposing to update the
ASTM standards that are used in and
incorporated by reference in the FARR
to reflect the most current version of the
standards. See Section IV. of this
preamble for further discussion of these
revisions.
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Section 49.124 Rule for limiting
visible emissions. This section limits
the visible emissions of air pollutants
from certain air pollution sources to
control emissions of particulate matter.
The EPA proposes to revise this section
in several respects. First, the EPA is
clarifying that the rule limiting visible
emissions does not apply to activities
associated with single-family residences
or residential buildings with four or
fewer dwelling units. Although the
current rule exempts furnaces and
boilers used to heat single family
residences and residential buildings
with four or fewer dwelling units, the
EPA never intended to regulate other
emissions associated with residential
activities, such as home workshops. The
EPA is also clarifying that the rule does
not apply to any particulate matter
emissions from public roads and not
just to fugitive dust from public roads.
The EPA did not intend to regulate any
emissions from public roads under the
FARR. The current rule unintentionally
limits the exemption to only fugitive
dust. However, there are other
emissions that come from roads that do
not come from the tailpipe of a motor
vehicle or nonroad vehicle, such as
emissions associated with the
application of dust suppressants. This
change clarifies that all particulate
emissions from public roads, not only
fugitive dust, are exempt from the
visible emission limit.
Second, the EPA is proposing to
narrow the exemption for agricultural
activities so that orchard heating
devices are no longer exempt from the
visible emissions limit. An orchard
heating device is defined as a fuel
burning device capable of being used for
frost-prevention or protection in
orchards, vineyards, field crops, or truck
crops, and includes smudge pots and
open-pot heaters. The diesel fuel
sometimes used in these devices
produces the thick heavy smoke that
some believe prevents frost damage.
Orchard heating devices are typically
used in the spring when plants are
budding and an atmospheric inversion
traps cold air at the surface. The
inversion also traps air pollutants, such
as the thick smoke generated by some
types of orchard heating devices, and
can result in unhealthy levels of air
pollution. Under the visible emissions
rule currently in effect, orchard heating
devices are covered by the exemption
for agricultural activities because such
devices are used as part of the usual and
customary activities in growing crops.
The EPA’s ongoing evaluation of the
FARR and input from Tribes on
reservations where orchard heating
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devices are used identified concerns
with air pollution from these
unregulated sources of particulate
matter.
This proposed revision would
therefore require that visible emissions
from orchard heating devices not exceed
20% opacity, averaged over any
consecutive 6-minute period, and would
apply to any person who owns or
operates an orchard heating device. We
expect that there are categories of
orchard heating devices that will not be
capable of complying with the 20%
opacity standard and this action, if
finalized, would therefore effectively
prohibit the continued use of such
devices. Since the FARR was
promulgated in 2005, however, cleaner
and more effective methods of orchard
heating have become more readily
available. Newer alternatives such as
propane-powered fans and propane
heaters are becoming accepted and
reliable alternate methods of orchard
heating. These cleaner devices are
capable of complying with the visible
emission limit and, as such, will help
minimize air pollution in areas that are
already dealing with high levels of PM2.5
and PM10. Other State and local air
agencies have similar provisions.
To ensure current users of orchard
heating devices that cannot comply with
the visible emission standard have
adequate time to find alternatives to the
use of such devices, the proposed
provision of 40 CFR 49.124 requiring
that visible emissions from an orchard
heating device not exceed 20% opacity
would not go into effect until 3 years
after this revision is finalized and
becomes effective. Furthermore, to
ensure that this new requirement does
not cause an unreasonable burden on
any person, the rule includes a
provision that would allow the Regional
Administrator to grant a two-year
extension (with no limit on the number
of extensions) provided that the person
demonstrates that there is no alternative
that is reasonably available that can
comply with the 20% opacity limit. In
the interim, the EPA intends to work
with Tribal air programs to provide
outreach to orchards affected by this
rule and identify sources of funding that
may help lower the costs for alternate
methods of orchard heating.
Section 49.125 Rule for limiting
emissions of particulate matter. The
purpose of this section is to reduce
particulate matter by setting emission
limits for certain air pollution sources
that operate within an Indian
reservation. The EPA is proposing
language to clarify that this rule only
applies to emissions from a stack as
defined in 40 CFR 49.123. The EPA is
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also proposing to revise the list of
sources specifically exempt from this
rule in several respects. As with the
limitation on visible emissions
discussed in 40 CFR 49.124, the EPA
never intended to regulate residential
activities, such as home workshops
under this section. We are therefore
proposing to add an exemption for
activities associated with single-family
residences or residential buildings with
four or fewer dwelling units. Second,
with the clarification that this rule only
applies to particulate matter emissions
from a stack, the EPA has deleted open
burning from the list of exempt sources,
because an open burn, by definition,
does not have a ‘‘stack.’’ Third, with the
clarification that this rule only applies
to particulate matter emissions from a
stack, the EPA is adding orchard heating
devices to the list of exempt sources.
Unlike the Rule for Limiting Visible
Emissions (40 CFR 49.124), this rule
does not exempt agricultural activities.
By its terms, this section applies only to
stationary sources with stacks. (see 40
CFR 49.125(d)(1), (2), and (3)). Most
agricultural activities, as defined in the
FARR, are not subject to the numeric
particulate matter emission limits
because such activities do not have
‘‘stacks’’ that emit air pollution.
However, some orchard heating devices,
although within the definition of
agricultural activities, do have short
‘‘stacks.’’ The EPA is therefore adding
orchard heating devices to the list of
exemptions so that orchard heating
devices will continue to be exempt from
the numeric particulate matter emission
limits and other requirements of this
section. Given that orchard heating
devices are relatively small in
comparison to many other stationary
sources with stacks, are portable, are
used only seasonally, and that
conducting source testing using the
reference test methods in this section on
orchard heating devices could be
challenging, the EPA believes that
limiting particulate matter emissions
from orchard heating devices with a
limitation on visible emissions under 40
CFR 49.124, rather than a limit on
particulate matter emissions, is
appropriate.
In addition to proposing to add these
two exemptions to the applicability of
this section, the EPA is updating the
reference method for determining
compliance to explicitly provide that
EPA Methods 1 through 4, as
appropriate, must be used to calculate
the volumetric flow, oxygen content,
and moisture content of the samples in
conjunction with EPA Method 5.
Although EPA Method 5 specifies when
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the use of EPA Methods 1 through 4 are
required, the EPA is making the
reference explicit in this section for ease
of use. A complete description of the
test methods discussed in this
paragraph can be found in appendix A
to 40 CFR part 60.
Finally, the EPA is proposing to
correct an inadvertent error in the
particulate matter emission limits that
resulted from failure to use the same
number of significant figures for the
grams per dry standard cubic meter (g/
dscm) limits and the grains per dry
standard cubic feet (gr/dscf) limits. The
g/dscm limits had two significant
figures whereas the gr/dscf limits only
had only one significant figure, which
resulted in the limits being slightly
different in stringency. EPA is
proposing to correct this error by adding
a second significant figure to the gr/dscf
limits.
Section 49.126 Rule for limiting
fugitive particulate matter emissions.
This section limits fugitive particulate
matter emissions by requiring
reasonable precautions to prevent such
emissions. Under the current language
of the fugitive particulate matter
emissions rule, it is unclear when
portable sources, such as portable rock
crushers and asphalt plants, are
required to conduct their fugitive
particulate emission surveys and
prepare and update their written plans
to prevent fugitive particulate matter
emissions. Therefore, the EPA is
proposing revisions that specify when
the surveys and plans are required to be
conducted and submitted for portable
sources in a manner that is consistent
with the temporary and transient nature
of portable sources. For example, the
EPA is proposing to specifically require
portable sources to conduct a survey
within 7 days after beginning operation
at a new location and to conduct an
annual survey thereafter to identify
sources of fugitive particulate matter
emissions. Additionally, for portable
sources, the written plan specifying the
reasonable precautions and procedures
to prevent fugitive particulate matter
emissions is required prior to beginning
operation at a new location and must be
updated within 7 days of a completed
survey. The EPA is also clarifying that,
for all other sources, the written plan to
prevent fugitive emissions must be
prepared within 30 days after
completing the required survey. All
plans for subject sources must be
reviewed and updated by the owner or
operator at least annually after each
survey and more frequently if warranted
due to changes.
The EPA is also proposing to add
language to clarify that the written plan
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must be implemented as soon as
practicable. The current rule requires a
source to implement its written plan,
including installing any control
measures that were identified as
reasonable precautions, but does not
include language regarding when the
plan needs to be implemented.
In addition, if the facility is required
to be registered under 40 CFR 49.138,
the EPA is proposing to require that a
copy of the most recent fugitive
particulate matter survey and current
fugitive particulate matter plan be
submitted with the annual registration.
Under the proposed revisions, a new
source or new operation will be
required to submit a copy of the fugitive
particulate matter survey and plan to
the EPA within 90 days of beginning
operation. The proposed revisions also
provide that sources must maintain a
copy of the survey and plan on site.
Lastly, the EPA is proposing to
establish that a revision to the plan may
be required if the EPA determines that
the plan is not adequate to prevent or
minimize fugitive particulate matter
emissions. All of the proposed revisions
are designed to enhance compliance and
enforceability of the rule.
Section 49.127 Rule for woodwaste
burners. This section phases out the
operation of woodwaste burners, and in
the interim limits the visible emissions
from woodwaste burners. There are no
proposed changes to this section except
for the revisions with respect to the
applicability date discussed here and
non-substantive and other
administrative changes discussed
elsewhere in this preamble. This section
continues to only apply on the Colville
Reservation and on the Nez Perce
Reservation, as shown in Table 2 in
section B of this preamble. The effective
date of this section for any lands held
in trust for the Colville or Nez Perce
Tribes that have not been formally
designated as a reservation, will be the
effective date of the final rule and, as
such, any woodwaste burners that are
located on such lands will be required
to be dismantled within 2 years from the
effective date of the final rule.
Section 49.128 Rule for limiting
particulate matter emissions from wood
products industry sources. The purpose
of this section is to limit the
condensible particulate matter from
high temperature processes at wood
products facilities that would not be
captured by the test method required for
demonstrating compliance with the
particulate matter emission limits in 40
CFR 49.125. This section only applies to
emission units at wood products
facilities that emit at high temperatures.
Currently 40 CFR 49.128 specifies that
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the reference method for determining
compliance with the PM10 limits is EPA
Method 202 in conjunction with EPA
Method 201A. These methods are found
in appendix M of 40 CFR part 51.
The EPA is proposing to update the
reference method for determining
compliance. The EPA is clarifying that
EPA Methods 1 through 2H, as
appropriate, must be used to calculate
the volumetric flow of the samples in
conjunction with EPA Methods 202 and
201A. A complete description of these
additional test methods can be found in
appendix A to 40 CFR part 60.
This section continues to apply on the
Colville Reservation and the Nez Perce
Reservation, as shown in Table 2 in
Section B of this preamble. The EPA is
also proposing that 40 CFR 49.128 be
applied on the Coeur D’Alene
Reservation because the operations of a
wood products facility located on the
Coeur D’Alene Reservation may
contribute to elevated levels of
particulate matter.
Section 49.129 Rule for limiting
emissions of sulfur dioxide. This section
limits the amount of sulfur dioxide
(SO2) that may be emitted from air
pollution sources operating within an
Indian reservation. The EPA is
proposing to clarify that this rule only
applies to emissions from a stack.
As under 40 CFR 49.125 and for the
same reasons, we are also proposing to
clarify that orchard heating devices are
exempt from this section.
The EPA is also proposing to update
the reference methods for determining
compliance with the SO2 emission
limits established in the current rule.
The EPA is clarifying that EPA Methods
1 through 4, as appropriate, must be
used to calculate the volume, oxygen
content and moisture content of the
sample in conjunction with EPA
Methods 6, 6A, 6B and 6C. A complete
description of these additional test
methods can be found in appendix A to
40 CFR part 60.
Section 49.130 Rule for limiting sulfur
in fuels. This section limits the amount
of sulfur contained in fuels that are
burned at stationary sources operating
within an Indian reservation to control
emissions of SO2. The EPA is proposing
to update the reference methods used to
determine compliance with the sulfur
emission limits for fuel. We are
updating the reference methods in
paragraph (e) of this section to
incorporate into this rule the most
recent versions of the ASTM methods
for determining the amount of sulfur in
fuel oil or liquid fuels, coal, solid fuels,
and gaseous fuels.
In addition, the EPA proposes to
revise the sulfur limit for gaseous fuels
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by deleting the 1.1 grams per dry
standard cubic meter (dscm) limit and
retaining only the 400 parts per million
(ppm) limit. The current rule establishes
a limit for sulfur in gaseous fuels in two
different sets of units (grams/dscm and
ppm) that were intended to be
equivalent in stringency. However,
because the proper number of
significant figures for the grams/dscm
limit were not included when the FARR
was promulgated, the two are not
equivalent. This resulted in confusion
as to whether sources had to comply
with both limits, the more stringent
limit, or a limit of their choice. The
proposed revisions correct this error and
make this standard consistent with the
EPA’s intent in promulgating this
emission standard in 2005.
Finally, the EPA is proposing to
remove the language in 40 CFR
49.130(f)(1)(iii) that provided sources
burning coal or solid fuels the
opportunity to request a waiver of the
monitoring requirement or request an
alternative sampling program because
generally applicable language for
requesting alternatives and waivers is
now included in 40 CFR 49.123 General
Provisions.
ASTM standards. In 40 CFR 49.130(g),
the EPA is proposing to update the
ASTM standards that are used in and
incorporated by reference in the FARR
to reflect the most current version of the
standards. See Section IV. of this
preamble for further discussion of these
revisions.
Section 49.131 General rule for open
burning. This section phases out the
operation of woodwaste burners, and in
the interim limits the visible emissions
from woodwaste burners. There are no
proposed changes to this section except
for the revisions with respect to the
applicability date discussed here and
non-substantive and other
administrative changes discussed
elsewhere in this preamble. This section
continues to only apply on the Colville
Reservation and on the Nez Perce
Reservation, as shown in Table 2 in
section B of this preamble. The effective
date of this section for any lands held
in trust for the Colville or Nez Perce
Tribes that have not been formally
designated as a reservation, will be the
effective date of the final rule and, as
such, any woodwaste burners that are
located on such lands will be required
to be dismantled within 2 years from the
effective date of the final rule, as well
as in the following burn permit
sections.4
Section 49.132 Rule for large open
burning permits. The FARR
promulgated in 2005 had a General rule
for opening burning (discussed in 40
CFR 49.131), which specified conditions
under which open burning could be
conducted but did not require prior
approval. The FARR also had a rule
setting forth a program for permitting, or
granting prior approval of, general open
burns. This rule was designed only for
Indian reservations where the EPA, in
coordination and consultation with the
relevant Tribe, determined that a
general open burning permitting
program was necessary or appropriate,
and was generally expected to include
a delegation of authority from the EPA
to the Tribe, under 40 CFR 49.122 for
implementation of the general open
burning permit program (67 FR 11748,
11751, March 15, 2022). This general
open burning permit rule was
promulgated to apply on the Nez Perce
Reservation and the Umatilla Indian
Reservation. These Tribes have been
implementing the rule for general open
burning permits on their respective
Indian reservations under a delegation
with the EPA for more than 15 years.
The EPA is proposing to revise the
rule for permitting general open burns
by replacing it with three rules for
different types of open burns and
different types of open burning approval
processes: 40 CFR 49.132 Rule for large
open burning permits, 40 CFR 49.142
Rule for small open burning annual
permits and 40 CFR 49.143 Permit by
rule for small open burns. The EPA is
proposing these different open burning
permit options based on input from
these Tribes, other Tribes that have
expressed interest in seeking delegation
of permitting general open burning on
their Indian reservations, and the EPA’s
experience in working with the
delegated Tribes in implementing this
rule. The EPA has concluded that
options that distinguish between large
and small open burns and, for small
open burns, allow for an annual permit
or coverage under a permit by-rule
better allow for the scaling of
requirements to the potential air
pollution impact of open burns and the
resources of implementing agencies.
Only materials that may be burned
under 40 CFR 49.131 General rule for
open burning may be burned in a
permitted large or small open burn. As
under 40 CFR 49.131, compliance with
the permitting requirements rests with
the person who is conducting the burn
as well as the owner and lessee, if any,
of the property on which the burn is
4 The EPA also notes that nothing in the FARR
or the proposed revisions restricts the exclusion of
air quality monitoring data influenced by
exceptional events as provided in 40 CFR 50.14.
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conducted to ensure parties that may be
responsible for burning decisions on a
given property are responsible for
complying with the burn permitting
rules, where applicable.
The proposed ‘‘large open burning’’
permit rule is very similar to the current
general open burning permit rule in 40
CFR 49.132. The proposed revisions
define a ‘‘large open burn’’ or ‘‘large
open burning’’ as the open burning of a
single pile of the specified materials
greater than 10 feet in diameter or more
than 60 feet of ditch bank or fence line
vegetation. These are the criteria that
have been used by the EPA and
delegated Tribal authorities that have
been implementing the general open
burning permit program under the
FARR to distinguish between large and
small open burns.
As revised, this section would require
that persons subject to the rule must (1)
have a permit for large open burning; (2)
have approval to burn on the day(s) of
the burn(s); (3) ensure that the person
conducting the burn is familiar with the
requirements of the permit; (4) ensure
that the permit is available on-site
during the open burn; (5) conduct the
open burn in accordance with the terms
and conditions of the permit; and 6)
comply with the General rule for open
burning (40 CFR 49.131) or the EPAapproved Tribal open burning rules in
a TIP. To ensure consistency with the
use of forms under rules of the Office of
Management and Budget, the revisions
clarify that the application must be
submitted on forms approved by the
EPA. The revisions add a requirement
that applications for large open burns
include a description of the burning
method or methods to be used, the
amount of material to be burned with
each method, and the means of ignition.
The proposed revisions clarify the
process for getting approval to burn on
the requested days under the permit.
The revisions specify that the person
conducting the large open burn must
request approval for the burn at least
one day before the burn in the manner
specified in the permit. As under the
current open burning permit rule, in
determining whether to authorize a
large open burn for a particular day or
days, the Regional Administrator or
delegated Tribal authority will take into
consideration relevant factors including,
but not limited to, the size, duration,
and location of the proposed open burn;
the current and projected air quality
conditions; forecasted meteorological
conditions; other scheduled burning
activities in the surrounding area; and
other factors indicating whether or not
the proposed open burn can be
conducted without causing or
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contributing to an exceedance of a
national ambient air quality standard.
When relevant, the Regional
Administrator or delegated Tribal
authority will also consider whether or
not the proposed open burn can be
conducted without causing or
contributing to any other adverse impact
on air quality. These other adverse
impacts on air quality would be specific
to the particular burn, such as the type
of burn and its location, the local
meteorology, and the areas expected to
be impacted by the smoke. The EPA
proposes to add a provision allowing
the Regional Administrator or delegated
Tribal authority to revoke the approval
to burn based on changes in these air
quality considerations. In such cases,
the permittee would be required, after
being contacted about the revocation, to
immediately extinguish the fire if safe to
do so, discontinue lighting the fire, and
withhold additional material such that
the fire burns down, as applicable.
The exemptions to the requirement to
obtain a large open burning permit are
generally the same as the exemptions in
the General rule for open burning (40
CFR 49.131) with a few exceptions.
Recreational fires meeting the definition
of ‘‘large open burn’’ are exempt from
permitting. In addition, agricultural
burns and forestry and silvicultural
burns are exempt from the Rule for large
open burning permits (40 CFR 49.132).
The large open burning permit rule
will continue to apply on the Nez Perce
Reservation and the Umatilla Indian
Reservation, as shown in Table 2 in
Section B of this preamble. The EPA is
also proposing that 40 CFR 49.132 be
newly applied on the Yakama
Reservation, as shown in Table 2 of this
preamble. The EPA anticipates that the
Nez Perce Tribe and the Umatilla Indian
Tribe will update their EPA delegation
to implement this revised rule on their
respective reservations. The EPA also
anticipates that the Confederated Tribes
and Bands of the Yakama Nation will
seek EPA delegation to implement this
revised rule on their reservation.
Section 49.142 Rule for small open
burning annual permits. The EPA is also
proposing to establish a permitting
program option requiring an annual
permit for ‘‘small open burning’’ within
an Indian reservation. The proposed
revisions define a ‘‘small open burn’’ or
‘‘small open burning’’ as the open
burning of a single pile of the specified
materials that is 10 feet or less in
diameter or 60 feet or less of ditch bank
or fence line vegetation. These are the
criteria that have been used by the EPA
and delegated Tribal authorities that
have been implementing the general
open burning permit program under the
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FARR to distinguish between large and
small open burns.
This proposed new rulemaking would
require the owner or lessee of property
on an Indian reservation where this
section applies and on which small
open burns will be conducted to apply
for and obtain an annual permit for
open burning. To ensure consistency
with the use of forms under rules of the
Office of Management and Budget, the
proposed rulemaking specifies that the
application must be submitted on forms
approved by the EPA. The obligations to
comply with the permit and other
requirements of this section would
extend to any owner and lessee of the
property and any person conducting a
small open burn on the property. The
permit would cover all small open
burns conducted at a given property for
the calendar year in which it is issued,
without the need to apply for and obtain
a burn permit for each individual small
open burn. Should the owner or lessee
of the property covered by the annual
permit change within the year, a new
application and permit would be
required.
To conduct a small open burn under
this permit on any particular day,
persons subject to this section must (1)
ensure that the person conducting the
burn is familiar with the requirements
of the permit; (2) ensure that the permit
is available on-site during the open
burn; (3) conduct the open burn in
accordance with the terms and
conditions of the permit; (4) comply
with the General rule for open burning
(40 CFR 49.131) or the EPA-approved
Tribal open burning rules in a TIP; and
(5) prior to igniting a burn, check
whether burning is allowed for the area
on that day and complete the burning
within the designated time period. The
proposed exemptions are generally the
same as for large open burning permits.
To determine if burning is allowed
under an annual permit on any given
day, the Regional Administrator or
delegated Tribal authority will identify
and publicize each day as a ‘‘burn day’’
or a ‘‘no burn day’’ and, for a burn day,
specify the hours and the geographic
area for which burning is allowed.
When deciding whether to call a burn
day, the Regional Administrator or
delegated Tribal authority will take into
consideration relevant factors, including
but not limited to, the current and
projected air quality conditions, the
forecasted meteorological conditions,
other scheduled burning activities in the
surrounding area and other factors
indicating whether or not open burning
can be conducted without causing or
contributing to an exceedance of a
national ambient air quality standard.
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When relevant, the Regional
Administrator or delegated Tribal
authority will also consider whether
open burning can be conducted without
causing or contributing to any other
adverse impact on air quality.
A permit issued under this section
expires at the end of the calendar year
unless it is revoked prior to that time
based on a written notice to the permit
holder finding that the permit must be
revoked or revised to ensure compliance
with this section, 40 CFR 49.131
General rule for open burning or the
applicable EPA-approved Tribal open
burning rule, or to protect the public
health and welfare.
This option for a single permit for all
small open burns conducted on a
specific property within a calendar year
greatly reduces the burden on
individuals who would otherwise need
to apply for a permit multiple times
when conducting more than one burn
during the calendar year. Permit
issuance once per year also reduces the
workload for the EPA and delegated
Tribal air programs, and in turn allows
for burn approvals to be processed more
quickly, benefiting all parties involved.
In coordination and consultation with
the affected Tribes, the EPA is
proposing that 40 CFR 49.142 apply on
the Umatilla Indian Reservation, as
shown in Table 2 in Section B of this
preamble. This is, in essence is a
continuation of the burn permit program
that the Umatilla Indian Tribe has been
implementing on its Reservation under
a delegation with the EPA for many
years. The EPA is also proposing that 40
CFR 49.142 apply on the Yakama
Reservation, as shown in Table 2 of this
preamble. As with the Rule for large
open burning permits (40 CFR 49.132),
the EPA anticipates that these Tribes
will either update their EPA delegation
or seek EPA delegation to implement
this new section on their reservation.
Section 49.143 Permit by rule for
small open burns. The EPA is also
proposing another option for small open
burns: a permit by rule that would apply
within a specific Indian reservation.
Like 40 CFR 49.142 Rule for small open
burning annual permits, the obligation
to submit an application (referred to in
this section as a ‘‘request for coverage’’)
applies to the owner or lessee of the
property on which the burning will be
conducted, but other compliance
obligations extend to any person
conducting a small open burn on an
Indian Reservation where this section
applies, as well as to the owner or lessee
of the subject property. The proposed
exemptions under both rules are also
the same.
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In contrast to the Rule for small open
burning annual permits (40 CFR
49.142), this section would require the
owner or lessee of the property on
which small open burning will be
conducted to submit a one-time request
for approval to burn. This ‘‘approval of
coverage’’ under this permit by rule
would remain valid for the property
until the owner or lessee changes, at
which time a new request for approval
of coverage would be required. Another
key difference from the rule for annual
permits for small open burns is that the
approval under this permit by rule
would be immediately effective, with no
explicit approval required by the
implementing agency. Note, however,
that a request for approval of coverage
may be denied if it is not consistent
with the requirements of this section, 40
CFR 49.131 General rule for open
burning or the applicable EPA-approved
Tribal open burning rule. In addition,
prior to conducting a burn on a given
day, a person subject to this section
must confirm that the day is a ‘‘burn
day,’’ as further explained in the
following paragraphs.
The owner or lessee of the property
on which small open burns will be
conducted under this permit by rule
must apply for approval of coverage. To
conduct a small open burn, persons
subject to this section must (1) ensure
that the person conducting the burn is
familiar with the requirements of the
approval of coverage; (2) ensure that the
approval of coverage is available on-site
during the open burn; (3) conduct the
open burn in accordance with the
approval of coverage; (4) comply with
the General rule for open burning (40
CFR 49.131) or the EPA-approved Tribal
open burning rules in a TIP; and (5)
prior to igniting a burn, check whether
burning is allowed for the area on that
day and complete the burning within
the designated time period.
As under the Rule for small open
burning annual permits (40 CFR
49.142), to determine if burning is
allowed on any given day, the Regional
Administrator or delegated Tribal
authority will identify and publicize
each day as a ‘‘burn day’’ or a ‘‘no burn
day’’ and for a burn day, specify the
hours and the geographic area for which
burning is allowed. When deciding
whether to call a burn day, the Regional
Administrator or delegated Tribal
authority will take into consideration
relevant factors including, but not
limited to, the current and projected air
quality conditions, the forecasted
meteorological conditions, other
scheduled burning activities in the
surrounding area and other factors
indicating whether or not open burning
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can be conducted without causing or
contributing to an exceedance of a
national ambient air quality standard.
When relevant, the Regional
Administrator or delegated Tribal
authority will also consider whether
open burning can be conducted without
causing any other adverse impact on air
quality.
This proposed rulemaking is also
expected to reduce the burden on
individuals of filling out multiple burn
applications when conducting more
than one burn during the period of
property ownership, as well as the
burden on the EPA and the delegated
Tribe in implementing the permit
program. The reduction in burden
would be expected to be even greater
than under the Rule for small open
burning annual permits (40 CFR 49.142)
because the application process is a onetime action and no action by the
implementing agency is required to
make the approval of coverage under the
permit by rule effective as to a specified
property.
In coordination and consultation with
the affected Tribe, the EPA is proposing
that 40 CFR 49.143 apply on the Nez
Perce Reservation, as shown in Table 2
in Section B of this preamble. As with
the other burn permit rules, the EPA
anticipates that the Nez Perce Tribe will
update their EPA delegation to
implement this burn permit program on
its reservation.
Section 49.133 Rule for agricultural
burning permits. This section
establishes a permitting program for
agricultural burning within an Indian
reservation. As with the previous open
burning permit rules, the EPA is
proposing to expand the applicability of
this section to apply to lessees of land
on which agricultural burning is
conducted to ensure parties that may be
responsible for burning decisions on a
given property are responsible for
complying with the requirements of this
section. To ensure consistency with the
use of forms under rules of the Office of
Management and Budget, the revisions
clarify that the application must be
submitted on forms approved by EPA.
The EPA is clarifying the air quality
criteria considered in determining
whether a burn permit will be issued
consistent with the same criteria in 40
CFR 49.132 Rule for large open burning
permits. Consistent with the other burn
permit rules, the revisions provide that
an application must be submitted at
least 1 day prior to the proposed burn.
The EPA is also clarifying that the
permit authorizes burning only for the
date(s) and time(s) specified in the
permit, the procedures for obtaining
approval to burn under the permit, and
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that the permit may include other
necessary provisions to ensure
compliance with 40 CFR 49.131 General
rule for open burning or the EPAapproved applicable Tribal open
burning rule, as well as to protect health
and welfare.
This section continues to apply on the
Nez Perce Reservation and the Umatilla
Indian Reservation, as shown in Table 2
in Section B of this preamble. The EPA
is also proposing that 40 CFR 49.133 be
newly applied on the Yakama
Reservation, as shown in Table 2 of this
preamble. The EPA anticipates that the
Nez Perce Tribe and the Umatilla Indian
Tribe will update their EPA delegations
to implement this revised section on
their Indian reservations. The EPA also
anticipates that the Confederated Tribes
and Bands of the Yakama Nation will
seek EPA delegation to implement this
revised section on their reservation.
Section 49.134 Rule for forestry and
silvicultural burning permits. This
section establishes a permitting program
for forestry and silvicultural burning
within an Indian reservation. The EPA
is proposing the same revisions to this
section as to the Rule for agricultural
burning permits (40 CFR 49.133).
As discussed in section D. of this
preamble, Relationship between Part 49,
Subpart C and Subpart M, this
rulemaking does not apply on all
reservations, as does the General Rule
for Open Burning (40 CFR 49.131), but
instead applies on those reservations
where it was determined that a
permitting program, in addition to the
General Rule for Open Burning (40 CFR
49.131), is appropriate to better assure
that emissions from forestry and
silvicultural burning do not cause or
contribute to a violation of the NAAQS.
Importantly, although this rule requires,
where it applies, permits for prescribed
fires as that term is defined in the rule
for ‘‘Treatment of Air Quality
Monitoring Data Influenced by
Exceptional Events’’ (40 CFR 50.14), 40
CFR 49.134 is not a smoke management
program, nor does it require burn
managers to employ basic smoke
management practices as listed in Table
1 to 40 CFR 50.14. However, as
previously noted, nothing in the FARR
or the proposed revisions restricts the
exclusion of air quality monitoring data
influenced by prescribed fires that meet
the criteria set forth in 40 CFR
50.14(b)(3).
This section continues to apply on the
Nez Perce Reservation and the Umatilla
Indian Reservation, as shown in Table 2
in Section B of this preamble. As with
the Rule for agricultural burning permits
(40 CFR 49.133), the EPA anticipates
that these Tribes will update their EPA
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delegation to implement this revised
section on their Indian reservations.
Section 49.135 Rule for emissions
detrimental to public health or welfare.
Under this section, an owner or operator
of an air pollution source is not allowed
to cause or allow the emission of any air
pollutants, in sufficient quantities and
of such characteristics and duration,
that the Regional Administrator
determines (1) causes or contributes to
a violation of any NAAQS, or (2) is
presenting an imminent and substantial
endangerment to public health or
welfare, or the environment. This
section provides the EPA with the
authority to require the installation of
air pollution controls or other measures
in order to reduce emissions to protect
the NAAQS or prevent imminent and
substantial endangerment. The section
currently allows the EPA to require such
controls through either a permit to
construct or a non-Title V operating
permit under 40 CFR 49.139. Since the
FARR was enacted, the EPA has
promulgated rules for permits to
construct in Indian country (the Indian
Country Minor NSR rules at 40 CFR
49.151 through 49.164 and the Federal
Major New Source Review Program for
Nonattainment Areas in Indian Country
at 40 CFR 49.166 through 49.173).
Region 10 has determined that it is not
appropriate to use permits to construct
to implement 40 CFR 49.135 because
the Indian Country Minor NSR rules
apply only to projects at existing
sources that increase emissions and do
not include provisions for the
permitting authority to require
reductions in emissions when there is
not a proposed modification to the
existing source. Therefore, the EPA is
proposing to remove permits to
construct as an option for implementing
this section. Requirements under this
section would be established solely
through issuance of a non-Title V
operating permit under 40 CFR 49.139.
This provision currently provides that
nothing in the provision shall be
construed to impair any cause of action
or legal remedy of any person, or the
public, for injury or damages arising
from the emission of any air pollutant
in such place, manner, or amount as to
constitute a common law nuisance. The
EPA is proposing to revise the reference
to ‘‘common law nuisance’’ to
‘‘nuisance under any other applicable
law’’ to ensure this provision includes
applicable statutory and regulatory
nuisance provisions as well as common
law nuisance.
Section 49.137 Rule for air pollution
episodes. This section establishes
procedures for preventing and
addressing the excessive buildup of
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certain NAAQS pollutants within an
Indian reservation to prevent the
occurrence of an air pollution
emergency. It establishes criteria for
issuing air stagnation advisories. It also
establishes air pollution action levels
and the action level triggers (air quality
levels) that are used for the declaration
of an air pollution alert, air pollution
warning, or air pollution emergency.
The current air pollution action level
triggers are based on 40 CFR part 51,
appendix L (Example Regulations for
Prevention of Air Pollution Emergency
Episodes) and currently do not include
action level triggers for PM2.5.
We are proposing to revise the current
action level triggers for the three action
levels (air pollution alert, air pollution
warning, and air pollution emergency)
to align with the Air Quality Index
(AQI) categories (unhealthy, very
unhealthy, and hazardous) and the
associated concentration thresholds.
The AQI categories and concentration
thresholds are found in Table 2 of 40
CFR part 58, appendix G, Uniform Air
Quality Index and Daily Reporting. This
revision will also add action level
triggers for PM2.5. Based on input from
Tribes, and after careful consideration,
the EPA is proposing this approach for
several reasons. First, if the NAAQS and
corresponding AQI categories and
concentrations are ever revised, the
more generalized language would
automatically be up to date. Second, the
AQI is based on short term
concentrations, which are more
appropriate for action level triggers.
Finally, the action level triggers will
now better align with the health
messaging associated with the AQI
categories and concentrations, which
are publicly available and widely used.
The EPA is also clarifying that air
pollution alerts, air pollution warnings,
and air pollution emergencies can be
declared under situations other than just
periods of stagnant air such as high
wind events associated with dust storms
and wildfires. Finally, the EPA is
proposing revisions to update the
description of the methods the EPA will
consider in order to announce an air
stagnation advisory, an air pollution
alert, an air pollution warning, or an air
pollution emergency, such as posting
the announcement to Region 10’s social
media, and to clarify the method for
terminating a declaration.
Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions. Under the
current rules, any person who owns or
operates a 40 CFR part 71 source, a
source subject to a standard under CAA
sections 111 or 112, or any other air
pollution source not expressly
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exempted from this section is required
to annually register the source with the
EPA and report emissions. This section
was intended to ensure a current and
accurate record of the emissions from
non-trivial air pollution sources
operating within an Indian reservation
is developed and maintained. Subject
sources were required to register by
February 15, 2007, and ‘‘new air
pollution sources’’ must register within
90 days after beginning operation. A
‘‘new air pollution source’’ is currently
defined as a source that begins actual
construction after the effective date of
the original rule (70 FR 18074, June 7,
2005). Any other source is considered
an existing source.
Shortly after the EPA began
implementing 40 CFR 49.138, it became
apparent that the rule was
unintentionally overbroad. Because 40
CFR 49.138 is structured such that the
2 ton per year emissions exemption
applies only to ‘‘any other air pollution
source,’’ the current language could be
read to require very small sources
subject to CAA section 111 or section
112 standards to register. For example,
the current rule language could require
wood stoves and small emergency
generators subject to New Source
Performance Standards under section
111 to register. This section could also
be read to require some sources subject
to National Emission Standards for
Hazardous Air Pollutants under CAA
section 112 to register even though they
would have no (or trivial) emissions of
the air pollutants that are required to be
reported under the registration rule.
To address this unintended
consequence, Region 10 issued an
interpretative guidance document in
2005 to clarify the EPA’s expectation
that non-Title V sources that were
subject to CAA section 111 or 112
standards were required to register only
if they had the potential to emit more
than 2 tons per year of any of the listed
air pollutants.5 In this rulemaking,
Region 10 is proposing to revise 40 CFR
49.138 to be consistent with this
interpretation. We are proposing to
remove the language that required
sources subject to CAA section 111 or
112 standards to register regardless of
the level of emissions and are proposing
to add language that any air pollutant
source that has the potential to emit
more than 2 tons of the listed air
pollutants is required to register unless
it is covered by one of the categorical
exemptions. Because the 2 ton per year
criterion would be an applicability
5 ‘‘Determining if Your Business Needs to Register
with EPA as an Air Pollution Source,’’ EPA Region
10 (October 5, 2005).
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provision, we are proposing to remove
that criterion from the list of
exemptions.
In addition to this change, we are
proposing revisions to the registration
rule to be generally consistent with the
applicability provisions of the Indian
Country Minor NSR Rule (40 CFR
49.151 through 49.164), which was
promulgated after the FARR was
promulgated in 2005 and which applies
to new and modified minor stationary
sources and to minor modifications at
existing major stationary sources where
the increase in emissions is above
specified thresholds. Currently, the
FARR registration rule includes sources
required to have40 CFR part 71
operating permits in the list of sources
required to register. Since the Indian
Country Minor NSR Rule was
promulgated after the 2005
promulgation of the FARR, the EPA is
proposing to revise the applicability
criteria in 40 CFR 49.138 to include
sources required to have a permit under
the Indian Country Minor NSR Rule, as
well as sources required to have a nonTitle V operating permit under 40 CFR
49.139. These additions will help
accomplish the goal of this section
(ensuring a current and accurate
inventory of emissions from non-trivial
air pollution sources) by requiring all
sources on Indian reservations that are
required to have permits under the
Clean Air Act to register under the
FARR.
The EPA is also proposing revisions
to the list of sources specifically exempt
from the registration rule. The
registration rule contains a list of source
categories that are exempt from
registration because emissions from
sources in the category are likely to be
trivial (e.g., consumer use of office
equipment and products) or because a
registration program is not appropriate
for sources in the category (e.g., mobile
sources). When the EPA promulgated
the Indian Country Minor NSR Rule, it
exempted from the program various
emissions units and activities that were
based, in part, on the FARR registration
exemptions but included some
additional categorical exemptions that
are not currently in the FARR
registration rule. See 40 CFR 49.153(c).
The EPA has considered these
additional categories and is proposing to
add two of them to the FARR
registration rule: (1) emergency
generators, designed solely for the
purpose of providing electrical power
during outages, provided the total
maximum manufacturer’s site-rated
horsepower of all units is below 1000;
and (2) stationary internal combustion
engines with a manufacturer’s site rated
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horsepower of less than 50. Although
the potential to emit pollutants of such
units would likely be less than the 2 ton
per year applicability threshold, adding
them to the list of categorically
exempted sources reduces the burden of
having to do emission calculations to
confirm the exemption.
Another area of revisions to this rule
relates to the date by which registration
is required. As discussed previously in
section C of this preamble, the EPA is
proposing to extend the requirements of
this section to the Cowlitz Indian
Reservation, the Snoqualmie Indian
Reservation, and lands held in trust for
the Samish Indian Nation and to clarify
that this rule also applies to all lands
held in trust for a Tribe in Idaho,
Oregon, and Washington that have not
been formally designated as a
reservation. The EPA is therefore
revising the registration provision to
provide a date by which existing
sources in such areas are required to
register. Under the proposed revisions,
subject sources located on the Tribal
lands listed in this section in existence
on the effective date of the FARR
revisions would be required to register
by no later than 6 months after the
effective date of FARR revisions. ‘‘New
air pollution sources’’ continue to be
required to register within 90 days after
beginning operation. The EPA has also
revised the definition of ‘‘new air
pollution source’’ to accommodate the
additional Tribal lands proposed for
coverage under these FARR revisions.
All subject sources continue to be
required to re-register each year and
provide updates on any changes to the
information provided in the previous
registration and promptly report any
changes in ownership, location, or
operation.
The EPA is also proposing to update
provisions specifying the information
required to be submitted in the initial
and annual registration to include more
commonly used current technology
(e.g., email rather than facsimile, Global
Positioning System coordinates rather
than latitude and longitude). We are
also proposing to require that the copy
of the most recent fugitive particulate
matter survey and current fugitive
particulate matter plan be submitted
with the registration to better assure
compliance with the requirements of 40
CFR 49.126 Rule for limiting fugitive
particulate matter emissions.
The EPA is also proposing to update
the method for submitting the initial
and annual registrations. Currently, all
registrants can register and report either
through a paper application or through
the FARR Online Reporting System
(FORS). The online database was
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implemented in 2016 to simplify the
registration process from year to year.
Through the online database, the EPA is
collecting the same information from
facilities as it does from paper
registrations. The benefits of the online
registration include improved
recordkeeping by allowing better and
faster access to previous registrations,
populating each annual registration
with existing, basic information about
the facility and decreasing the amount
of time and resources needed to report
emissions after initial registration. In
2016 (the emission reporting year for
calendar year 2015), when FORS
became the preferred method of
registration, 88 facilities out of a total of
154 facilities, or 57%, registered online.
In 2020 (the emission reporting year for
calendar year 2019), approximately 117
facilities out of 138 facilities, or 85%,
chose to register online. As the Federal
government moves toward egovernment, in an attempt to streamline
and simplify current procedures
through electronic reporting, Region 10
is proposing to require all registration
information and reports be submitted
online through FORS within the EPA’s
Central Data Exchange (CDX), at https://
cdx.epa.gov. Exceptions will be made if
a facility attains prior written approval
from Region 10 to submit a paper
application.
The EPA is also proposing clarifying
revisions to the requirement to report
any relocation of the source in 40 CFR
49.138 (d)(5). As revised, 40 CFR 49.138
makes clear that report of relocation is
required whether the relocation is
within, off, or onto an Indian
reservation, but that more limited
information is required to be reported
when the source is moving to a site
outside of an Indian reservation in
Idaho, Oregon, and Washington. EPA
notes that relocation of a source may
also trigger preconstruction permitting
requirements. In addition, EPA is
making a revision to the report of
closure to clarify that the report must
include the actual emissions through
the date of closure.
Finally, for sources subject to 40 CFR
part 71, we are eliminating the
requirement to submit information
already required by 40 CFR part 71
reporting requirements. The EPA is
proposing to revise 40 CFR 49.138 to
clarify that the only requirements of this
section applicable to 40 CFR part 71
sources are the requirement to submit
estimates of total actual emissions from
the air pollution source and the
requirement to submit a copy of the
most recent fugitive particulate matter
survey and plan as required under 40
CFR 49.126. The EPA is also proposing
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revisions to require that 40 CFR part 71
sources report the specified information
by February 15 of each year (the same
date as all other sources subject to the
registration rule) rather than the date
that their 40 CFR part 71 reports are
due. 40 CFR part 71 required reports are
now often submitted online through
CEDRI within the EPA’s Central Data
Exchange (CDX), at https://cdx.epa.gov.
Finally, the EPA is proposing that the
owner or operator of a 40 CFR part 71
source submit reports of a change in
ownership and closure, as applicable,
because this information is not routinely
required in a 40 CFR part 71 permit.
Section 49.139 Rule for non-Title V
operating permits. This section provides
a permitting program to establish
Federally-enforceable requirements for
air pollution sources on Indian
reservations. In this rulemaking, the
EPA is proposing to rescind a
duplicative provision of this section
pertaining to certain owner-requested
limits and to add administrative
procedures to clarify the process for
issuing or revising a permit.
This rulemaking, as currently written,
provides for the issuance of a permit
containing Federally-enforceable
requirements in the following three
situations: (1) the owner or operator of
any source wishes to obtain a Federallyenforceable limitation on the source’s
actual emissions or potential to emit; (2)
the Regional Administrator determines
that additional Federally-enforceable
requirements for a source are necessary
to ensure compliance with the
applicable implementation plan, which
would include any applicable FIP or
TIP; or (3) the Regional Administrator
determines that additional Federallyenforceable requirements for a source
are necessary to ensure the attainment
and maintenance of any NAAQS or
Prevention of Significant Deterioration
(PSD) increment.
On July 1, 2011, the EPA promulgated
the Indian Country Minor NSR Rule,
which includes provisions for
establishing synthetic minor permits in
Indian country (40 CFR 49.158). The
rule defines ‘‘synthetic minor source’’ as
a source that otherwise has the potential
to emit regulated NSR pollutants in
amounts that are at or above those for
major sources in 40 CFR 49.167, 40 CFR
52.21 or 40 CFR 71.2, but that has taken
a restriction so that its potential to emit
is less than such amounts for major
sources. 40 CFR 49.152(d). In
promulgating the Indian Country Minor
NSR Rule, the EPA stated that sources
seeking synthetic minor status within
the exterior boundaries of Indian
reservations in Idaho, Oregon, and
Washington must apply for synthetic
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minor source permits under the
provisions of that rule and may no
longer seek limits to become a
‘‘synthetic minor source’’ under the
FARR (76 FR 38748, 38749, July 1,
2011). To be consistent with the Indian
Country Minor NSR Rule, the EPA is
proposing to rescind the provisions of
40 CFR 49.139 that are superseded by 40
CFR 49.158 of the Indian Country Minor
NSR Rule and to add language making
clear that applications for ownerrequested synthetic minor limits must
be submitted under 40 CFR 49.158 of
the Indian Country Minor NSR Rule. For
the same reason, we are proposing to
delete the provision that authorizes
owner-requested limits to be established
in permits under 40 CFR part 71 or a
Tribal operating permit program
approved under 40 CFR part 70. The
proposed revisions will now limit the
application of 40 CFR 49.139 to the
owner or operator of any air pollution
source who wishes to obtain a
Federally-enforceable limitation on the
source’s emissions that cannot be
obtained under the Indian Country
Minor NSR Rule (40 CFR 49.151
through 49.173). Examples of such
situations include federally-enforceable
limits to implement netting or offsets
because the Indian Country Minor NSR
Rule defines ‘‘synthetic minor source’’
as including only those sources that take
a limit on potential to emit ‘‘so that its
potential to emit is less than such
amounts for major sources.’’ 40 CFR
49.152(d).
The EPA is also proposing to broaden
the applicability provisions of 40 CFR
49.139 to provide Region 10 the
authority to require a source to obtain a
non-Title V operating permit where the
Regional Administrator determines that
additional Federally-enforceable
requirements are necessary to
implement or ensure compliance with
any other provisions of the Clean Air
Act (e.g., regional haze). The EPA
anticipates that such situations are
likely to be extremely rare. In the more
than 15 years since the FARR has been
in effect, the EPA has not found it
necessary to require a source to obtain
a permit under 40 CFR 49.139. Having
that authority available through a permit
issuance process, should the need arise,
however, would avoid the far more
resource intensive process of
promulgating a source-specific FIP to
address an air quality issue.
We are also proposing to revise the
existing administrative procedures for
issuing non-title V operating permits
and to add provisions for reopening and
revising such permits. The Indian
Country Minor NSR rule has detailed
procedures for issuing, reopening, and
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revising Clean Air Act permits on
Indian reservations. For administrative
efficiency, the EPA is proposing to use
generally the same procedures for
issuing, reopening, and revising nontitle V operating permits. The EPA has
also added a proposed definition of
‘‘non-title V operating permit,’’ defined
as a permit issued by the Regional
Administrator under this section.
Section 49.140 Rule for residential
wood burning devices. The EPA is
proposing to add a rule regulating the
installation of certain residential wood
burning devices and limiting what fuels
can be burned in such devices in order
to control the emissions of particulate
matter and other pollutants to the
atmosphere. In many areas of the Pacific
Northwest, smoke from residential
wood burning devices is a significant
source of PM2.5 and PM10 emissions.
Regulating residential wood burning
devices and the burning in such devices
therefore helps protect air quality.
The proposed rulemaking would
prohibit, after the effective date of the
rule, the installation of new and used
residential wood heaters, hydronic
heaters, forced air furnaces, or central
heaters unless they have been certified
by the EPA to meet the applicable
particulate matter emission standards
for woodfired heating devices
established in the Standards of
Performance for New Residential Wood
Heaters (40 CFR part 60, subpart AAA)
and the Standards of Performance for
New Residential Hydronic Heaters and
Forced-Air Furnaces (40 CFR part 60,
subpart QQQQ) as amended in 2015 (80
FR 13672, March 16, 2015), or any later
promulgation of these standards, and
have a permanent label affixed to the
device as provided in 40 CFR 60.536 or
40 CFR 60.5478. Certified wood burning
devices generate less smoke (fewer
particulates) than non-certified wood
burning devices and use less wood to
create heat, improving air quality in
communities where people burn wood
for heat. Individuals living on Indian
reservations would be able to continue
using uncertified and older certified
residential wood heaters, hydronic
heaters, forced air furnaces, or central
heaters as long as the devices were
installed prior to the effective date of
this new rule. The proposed rulemaking
is more protective of air quality and
would better reduce particulate matter
from residential wood burning devices
in comparison to requirements in
surrounding jurisdictions that allow
installation of any certified residential
wood burning device. The EPA is
therefore also proposing, in the
alternative, a rule more consistent with
surrounding jurisdictions and that
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would prohibit the installation of new
and used residential wood heaters,
hydronic heaters, forced air furnaces,
and central heaters unless they have
been certified by the EPA to meet the
applicable particulate matter emission
standards for woodfired heating devices
established in the Standards of
Performance for New Residential Wood
Heaters (40 CFR part 60, subpart AAA)
and Standards of Performance for New
Residential Hydronic Heaters and
Forced-Air Furnaces (40 CFR part 60,
subpart QQQQ), and have a permanent
label affixed to the device as provided
in 40 CFR 60.536 or 40 CFR 60.5478. In
effect, the proposal in the alternative
would allow the installation of any new
or used residential wood heater,
hydronic heater, forced air furnace, or
central heater that has been certified by
the EPA since subparts AAA and QQQQ
were first promulgated.
The EPA is requesting comment
specifically on whether the proposed
rulemaking or the proposed alternative
should be finalized in order to regulate
the installation of new and used
residential wood heaters, hydronic
heaters, forced air furnaces, and central
heaters on Indian reservations in Idaho,
Oregon, and Washington. In taking final
action, EPA will consider the input we
receive regarding the benefits of
enhanced environmental protection and
the benefits of consistency with
surrounding jurisdictions.
This proposed rulemaking would also
limit materials that can be burned in all
existing and newly installed types of
residential wood burning devices
(including fireplaces) to: (1) seasoned
firewood, which is firewood that has a
moisture content of 20% or less; (2) kiln
dried or air dried lumber that has not
been treated, impregnated, painted or
coated; (3) products manufactured for
the purpose of being used as a fuel for
a residential wood burning device, such
as wood pellets and biomass fire logs
intended for burning in a wood stove or
fireplace; and (4) manufactured fire
starters and paper sufficient to start a
fire.
These new requirements are
consistent with the intent of the FARR:
to ensure that residents within the
boundaries of Indian reservations enjoy
air quality protection similar to those
existing outside reservations. Over the
years, many jurisdictions on State lands
outside of Indian reservations have
similarly banned the installment of
uncertified wood burning devices and
limited material that can be burned in
residential wood burning devices. This
proposed section would therefore help
ensure a similar degree of protection
from environmental and health hazards
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on Indian reservations as in neighboring
areas.
Section 49.141 Rule for curtailment of
residential wood burning devices for
specific areas. The EPA is proposing to
require the curtailment of residential
wood burning devices (commonly
referred to as ‘‘burn bans’’) during
periods of poor air quality in specific
geographical areas on certain Indian
reservations with demonstrated elevated
concentrations of particulate matter.
This prohibition would apply to wood
stoves and similar wood burning
devices as well as to fireplaces. In some
areas of Indian reservations in Idaho,
Oregon, and Washington, stagnant air
and use of wood burning devices,
particularly in winter, drive particulate
matter concentrations to elevated levels,
causing concern for human health. Fine
particles can make asthma symptoms
worse and trigger asthma attacks. Fine
particles can also trigger heart attacks,
stroke, irregular heart rhythms and heart
failure, especially in people who are
already at risk for these conditions. As
discussed in section I.B of this
preamble, PM2.5 concentrations that
exceed the NAAQS over a 3-year period
can result in a ‘‘nonattainment’’
designation under the CAA, which in
turn can result in more stringent air
pollution reduction measures. A burn
ban rule would help areas with elevated
PM2.5 levels take proactive steps to
avoid a ‘‘nonattainment’’ designation.
Many State and local air agencies in the
Pacific Northwest have curtailment
programs for residential wood heating
devices with procedures, conditions,
and exemptions similar to those the
EPA is proposing.
This proposed curtailment program
establishes two burn ban stages. During
a Stage 1 ban, only EPA-certified
residential wood burning devices are
permitted to be used. During a Stage 2
ban, no wood burning devices, even
EPA-certified devices, are permitted to
be used. A residence that self-certifies
that wood is the sole source of heat or
that the use of an available alternative
heat source would impose an economic
hardship would be exempt from both
stages of burn bans. This exemption
would remain in effect for 5 years from
the date of self-certification, unless
there is a change to the qualification
status of the residence covered by the
exemption. A ‘‘Self-Certification’’
exemption form will be available on
Region 10’s website and other locations
and must be completed and kept on site
for any residence relying on this
exemption.
The EPA is proposing a phased in
approach for implementation and
enforcement of this rule. The first year
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after promulgation, the EPA or
delegated Tribe will run a voluntary
curtailment program to help familiarize
homeowners with the curtailment
program. The mandatory curtailment
program will begin October 1st of the
2nd calendar following the year of
promulgation of this rulemaking for a
particular reservation. After the
implementation date, the EPA and
delegated tribes will continue to focus
on compliance assistance work. This
will be in the form of assistance,
outreach, and education, in partnership
with affected Tribes regarding the new
rules, the process for certifying for
exemption status and the adverse health
effects of high particulate matter levels.
After coordination and consultation
with the affected Tribes, for the reasons
explained in section B of this preamble,
the EPA is proposing that 40 CFR 49.141
apply on the Colville, the Nez Perce and
the Yakama Reservations, as shown in
Table 2 in Section B of this preamble.
The EPA anticipates that each of these
Tribes will seek EPA delegation to
implement this section on their
reservations.
B. Rules Proposed for Specific Indian
Reservations
As discussed in section A of this
preamble, the EPA is proposing to
promulgate several rules that would
only apply on specific Indian
reservations where the EPA finds, in
coordination and consultation with the
relevant Tribes, that the rules are
necessary or appropriate. This is
consistent with the approach under the
FARR as promulgated in 2005, in which
the EPA promulgated one or more
additional rules on the Colville, Nez
Perce, and Umatilla Reservations.
Except as otherwise noted in this
section, the additional rules
promulgated for the specified Indian
reservations in 2005 remain in effect, to
be revised as proposed in this
rulemaking.
This section summarizes the new
rules that the EPA proposes to apply to
specified Indian reservations, as well as
existing rules (in some cases with
proposed revisions) that the EPA
proposes to apply to additional Indian
reservations. In each case, the proposed
additional rules are intended to regulate
activities that contribute to elevated
particulate matter concentrations in
areas where there are air quality
concerns. As in promulgating additional
rules to apply on specified Indian
reservations when the FARR was
promulgated in 2005, the EPA is basing
the determination of whether the
additional rules proposed in this action
are necessary or appropriate for a
particular Indian reservation on a
number of factors, including the
prevalence of the activity on the
reservation, the significance of the
resulting pollution on air quality in the
area and adjacent airsheds, and whether
the Tribe has Tribal laws to control this
type of pollution (67 FR 11748, 11755
March 15, 2002). These proposed
regulations would be part of FIPs for
specific Indian reservations as specified
in subpart M of this part.
For the new 40 CFR 49.141 Rule for
curtailment of residential wood burning
devices for specific areas, the EPA
evaluated PM2.5 air quality monitoring
data on or near reservations in Idaho,
Oregon, and Washington to assess
which reservations had elevated
wintertime PM2.5 levels. The EPA also
received input from Tribes about the
prevalence of wood burning devices on
their reservations, the contribution of
wood burning devices on their
reservations to elevated PM2.5 levels,
and existing efforts to address wood
burning devices in the airsheds of
concern. Based on this information, the
EPA determined it is appropriate to
propose to apply 40 CFR 49.141 Rule for
curtailment of residential wood burning
devices for specific areas, on the
Colville, Nez Perce, and Yakama
Reservations.
Table 2 of this section lists the
‘‘additional’’ rules the EPA is proposing
to apply on five Indian reservations
where the EPA has found, in
coordination and consultation with the
relevant Tribes, that it is appropriate to
establish these specific requirements in
their FIPs in order to control particulate
matter pollution, as well as the
additional rules that will continue to
apply, as revised, on the specified
Indian reservations. There are currently
no additional rules that apply on the
Yakama Reservation. The EPA is
proposing that 40 CFR 49.132 Rule for
large open burning permits, 40 CFR
49.133 Rule for agricultural burning
permits, 40 CFR 49.141 Rule for
curtailment of residential wood burning
devices for specific areas, and 40 CFR
49.142 Rule for small open burning
annual permits apply on the Yakama
Reservation, as shown in Table 2. As
discussed in section A of this preamble,
the EPA is proposing that 40 CFR 49.128
Rule for limiting particulate matter
emissions from wood products industry
sources be applied on the Coeur
D’Alene Reservation because the
operations of a wood products facility
located on the Coeur D’Alene
Reservation may contribute to the
elevated levels of PM2.5 in St. Maries,
Idaho.
Additional information supporting
the proposed additional rules for the
specified Indian reservations, shown on
Table 2 and marked with an asterisk, is
included in the docket for this proposal.
TABLE 2—ADDITIONAL RULES 6
Section No.
Additional rules
Coeur D’Alene Reservation, Idaho
§ 49.128 * .........................................
Rule for limiting particulate matter emissions from wood products industry sources.
Colville Reservation, Washington
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§ 49.127 ...........................................
§ 49.128 ...........................................
§ 49.141 * .........................................
Rule for woodwaste burners.
Rule for limiting particulate matter emissions from wood products industry sources.
Rule for curtailment of residential wood burning devices for specific areas.
Nez Perce Reservation, Idaho
§ 49.127 ...........................................
§ 49.128 ...........................................
§ 49.132 † ........................................
§ 49.133 ...........................................
§ 49.134 ...........................................
§ 49.141 * .........................................
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Rule
Rule
Rule
Rule
Rule
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for
for
for
for
for
for
woodwaste burners.
limiting particulate matter emissions from wood products industry sources.
large open burning permits.
agricultural burning permits.
forestry and silvicultural burning permits.
curtailment of residential wood burning devices for specific areas.
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TABLE 2—ADDITIONAL RULES 6—Continued
Section No.
Additional rules
§ 49.143 † ........................................
Permit by rule for small open burns.
Umatilla Indian Reservation, Oregon
§ 49.132 † ........................................
§ 49.133 ...........................................
§ 49.134 ...........................................
§ 49.142 † ........................................
Rule
Rule
Rule
Rule
for
for
for
for
large open burning permits.
agricultural burning permits.
forestry and silvicultural burning permits.
small open burning annual permits.
Yakama Reservation, Washington
§ 49.132 *
§ 49.133 *
§ 49.141 *
§ 49.142 *
.........................................
.........................................
.........................................
.........................................
Rule
Rule
Rule
Rule
for
for
for
for
C. Environmental Justice
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On February 11, 1994, the President
issued Executive Order 12898 entitled,
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations.’’ The Executive Order calls
on each Federal agency to make
environmental justice (EJ) a part of its
mission by ‘‘identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of its programs,
policies, and activities on people of
color and low-income populations.’’ On
January 20, 2021, the President issued
Executive Order 13985: ‘‘Advancing
Racial Equity and Support for
Underserved Communities Through the
Federal Government.’’ 7 The Executive
Order calls on each Federal agency to
‘‘pursue a comprehensive approach to
advancing equity for all, including
people of color and others who have
been historically underserved,
marginalized, and adversely affected by
persistent poverty and inequality.’’
Additionally, the EPA expressed a
commitment to conducting
environmental justice analysis for
rulemakings as described in the April
6 The additional rules marked with an asterisk (*)
are the new or existing rules that the EPA proposes
be newly applied to the specified Indian
reservations in this rulemaking. With respect to the
additional rules marked with a dagger (†), the large
and specified small open burn permitting rules
replace § 49.132, Rule for general open burning
permits, which previously applied on the Nez Perce
and Umatilla Reservations. Rules that are not so
marked are currently in effect on the specified
Indian reservations, and the EPA is proposing that
the revisions to these additional rules discussed in
Section II.A. of this preamble be adopted for such
reservations.
7 Available at https://www.whitehouse.gov/
briefing-room/presidential-actions/2021/01/20/
executive-order-advancing-racial-equity-andsupport-for-underserved-communities-through-theFederal-government/, accessed July 16, 2021.
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large open burning permits.
agricultural burning permits.
curtailment of residential wood burning devices for specific areas.
small open burning annual permits.
30, 2021 revisions to the Cross-State Air
Pollution Rule (CSAPR).8
The EPA defines EJ as the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies. As outlined in
the EJ Technical Guidelines, the goal of
an EJ analysis is to evaluate, to the
extent possible, three questions: Are
there potential EJ concerns for
populations living in proximity to
sources affected by the rule in the
baseline?; Are there potential EJ
concerns for population groups of
concern for the regulatory option(s)
under consideration?; Are potential EJ
concerns created or mitigated under the
options under consideration compared
to the baseline? The determination of
whether there is a potential
disproportionate impact that may merit
Agency action is ultimately a policy
judgment informed by analysis.9 These
rules are designed to protect human
health and air quality resources in
Indian reservations in Idaho, Oregon,
and Washington. These reservations
often have communities with very low
8 86 FR 23054, 23162 (April 30, 2021) (‘‘Going
forward, EPA is committed to conducting
environmental justice analysis for rulemakings
based on a framework similar to what is outlined
here, in addition to investigating ways to further
weave environmental justice into the fabric of the
rulemaking process including through enhanced
meaningful engagement with environmental justice
communities.’’).
9 According to the EPA’s June 2016 Technical
Guidance for Assessing Environmental Justice in
Regulatory Analysis, page 66 and Section 2.1, the
term ‘‘disproportionate impacts’’ refers to
differences in impacts or risks that are extensive
enough that they may merit Agency action. The
determination of whether there is a
disproportionate impact that may merit Agency
action is a policy judgment informed by analysis of
any discernable differences in anticipated impacts
from the rulemaking on population groups of
concern compared to all other population groups.
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per capita incomes relative to the U.S.
average with large percentages of the
population below the poverty line, so
many communities where these rules
apply tend to be communities with low
income and minority populations.
However, the rules will not impose any
negative environmental impacts on
these populations. Instead, the rules
provide additional protections for
communities that include overburdened
populations. Because the rules will
improve health and provide additional
protections for such communities, the
EPA has not undertaken a detailed,
formal analysis of the environmental
justice impacts of this action.
D. Costs and Benefits Associated With
These Rules
As part of developing the proposed
revisions, the EPA conducted an
analysis of the expected costs should
these rules be adopted. Included in the
docket for this rulemaking is the
Economic Impact Analysis (EIA) and the
Information Collection Request (ICR)
documents for the proposed revisions.
The EIA was prepared to assist the EPA
in estimating the costs of compliance for
the proposed revisions alongside
updated 2021 costs for the initial FARR.
The ICR describes the recordkeeping
and reporting information that will be
collected under the revised FARR and
related ‘‘burden.’’ ‘‘Burden’’ refers to the
total time, effort, or financial resources
expended by persons to generate,
maintain, retain, or disclose or provide
information to or for a Federal agency.
This includes the time needed to review
instructions; develop, acquire, install,
and utilize technology and systems for
the purposes of collecting, validating,
and verifying information, processing
and maintaining information, and
disclosing and providing information;
adjust the existing ways to comply with
any previously applicable instructions
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and requirements; train personnel to be
able to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
With the exception of making orchard
heating devices subject to the visible
emissions limit, the EPA’s preliminary
conclusion is that there will be no
capital costs incurred to comply with
any of the new or revised rules. With
respect to the geographic extension of
the FARR, we are not aware of any
sources in these areas that would
require additional control or monitoring
equipment to comply with the FARR, as
revised. With respect to the open
burning rules, open burning permit
rules, and wood burning devices
curtailment rules, we also do not expect
any capital costs will be needed to
comply with the proposed revisions.
The EPA anticipates that 40 CFR 49.140
Rule for residential wood burning
devices, which regulates the installation
of used wood burning devices, would
impose negligible additional costs
overall. This is because, although the
cost difference between an older used
wood burning device and post-2015
EPA certified wood burning device
could be approximately $3,500, we
anticipate very few older used wood
burning devices would have been
installed even if the EPA did not
promulgate this prohibition. This is
based on information we received from
Tribes during the development of the
proposed rulemaking. One example
provided was where a resident gives a
used stove that was removed from their
residence to a family member to install
in a different residence or structure like
a recreational cabin. Although this may
occur, it is expected to be an uncommon
event so our overall cost estimate is
based on an average of 15 installations
per year of older (pre-2015) used wood
heating devices that would no longer be
allowed under the proposed
rulemaking. That number would be
even lower under the proposed
alternative, which would allow used
post-1990 certified wood heating
devices to be reinstalled.
In response to a request from the
OMB, the EPA conducted a benefits
analysis specifically looking at 40 CFR
49.141 Rule for curtailment of
residential wood burning devices for
specific areas. The analysis includes a
conservative estimate of the monetary
benefits of this proposed rulemaking
based on mortality associated with
PM2.5 exposure. This estimate used data
and equations prepared by the EPA for
the Environmental Benefits Mapping
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and Analysis Program (BenMAP–CE),10
which is the EPA’s recommended tool
for benefits calculations. The estimated
mortality associated maximum benefit
was calculated to be $27.8 million. This
amount ($27.8 million) is representative
of benefits over a long period of time 11
because it is based on long-term
mortality from continuous PM2.5
exposure. A copy of this analysis is the
docket for this proposal.
The extension of 40 CFR 49.128 Rule
for limiting particulate matter emissions
from wood products industry sources to
the Coeur D’Alene Reservation is not
expected to result in new capital costs
for the one existing facility that would
be subject to the rule. This is because,
based on available test data from the
source in question, the emission
controls that the facility is currently
using to control hazardous air pollutants
to comply with the NESHAP for
Plywood and Composite Wood Products
(40 CFR part 63, subpart DDDD) are also
expected to control particulate matter
emissions to below the levels required
in 40 CFR 49.128.
With respect to orchard heating
devices proposed to be regulated under
40 CFR 49.124 Rule for limiting visible
emissions, the EPA conducted an
analysis of the expected costs of
complying with this rulemaking. This
analysis indicates that annualized costs
of a little over $1.5 million (based on
one-time capital costs of up to $18.9
million amortized over 30 years) could
be expected across all Indian
reservations in order for orchard heating
devices (including smudge pots) to
comply with the visible emissions limit.
These anticipated capital costs assume
that 10% of all orchard lands on Indian
reservations in Idaho, Oregon, and
Washington will be required to
purchase new equipment (e.g., propanepowered fans or propane heaters) to
comply with the visible emissions limit
and maintain orchard heating
capabilities. Note, however, that this
assumption is based on limited data
regarding the prevalence of smudge
pots, open-pot heaters, and other
orchard heating devices that burn diesel
and other fuels with high visible
emissions on Indian reservations in
Idaho, Oregon, and Washington. The
analysis also indicates that these up10 https://www.epa.gov/benmap.
11 The time period of the benefit calculation is not
explicitly defined since death from chronic PM2.5
exposure can occur years after the start of the
exposure period. The EPA calculates benefits based
on the Di et al. (2017) epidemiological study
(https://www.nejm.org/doi/full/10.1056/
nejmoa1702747), which focused on evaluating
mortality and PM2.5 concentrations for a 12-year
period.
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front capital costs for replacement
orchard heating devices will be
recouped in time; the use of alternative
equipment is expected to result in an
annual operating cost savings of roughly
$10,000 per acre due to reductions in
fuel and labor costs.12 We specifically
request public comment on the EPA’s
economic analysis with respect to
orchard heating devices, along with
available data regarding the extent to
which existing orchard heating devices
on Indian reservations in Idaho, Oregon,
and Washington are expected to be able
to comply with the proposed visible
emissions limit in 40 CFR 49.124; the
up-front capital costs of replacing noncomplying orchard heating capacity;
and any expected annual cost savings
from replacing non-complying orchard
heating capacity with alternatives. This
data will be considered in making
decisions about how to regulate orchard
heating devices appropriately in the
final rule.
Thus, the costs estimated for these
revisions to the FARR are primarily the
labor costs associated with
recordkeeping and reporting under the
regulations. Costs for both the FARR
rules currently in effect at 2021 costs
and the proposed revisions to the FARR
were estimated in the EIA. Cost
estimates for the revisions proposed in
this rulemaking include costs on those
Indian reservations for which the EPA
has proposed additional new rules. The
total annualized labor costs and nonlabor costs were estimated to be
$496,252 for all rules other than 40 CFR
49.124 Rule for limiting visible
emissions. Factoring in the estimated
ongoing annual savings related to use of
replacement orchard heating devices,
the proposed revisions are estimated to
result in an overall annual savings.13
The information relied on by the EPA
for this analysis was assembled from a
number of sources, including surveys of
sources on the Indian reservations in
Idaho, Oregon, and Washington,
consultations with the sources and
Tribal governments, and the EPA’s
experience with air quality issues in the
Pacific Northwest.
III. Public Participation and Request for
Comment
The proposed revisions include minor
editorial changes throughout the FARR
(subpart C) and FIP (subpart M) rules, in
addition to substantive changes to
certain provisions of the rules. As such,
we are publishing with this proposal the
12 This annual per acre cost savings results in an
estimated ongoing annual savings of $55,283,273.
13 Annual savings from the proposed revisions are
estimated to be $53,266,002.
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full text of the rules as proposed to be
revised, rather than only the portions of
the text proposed to be revised in this
action. A redline-strikeout comparison
of the revised rules, as proposed, to the
existing FARR and FIPs showing all
proposed changes is included in the
docket for this action. The EPA solicits
comments on all aspects of the proposed
revisions. Interested parties should
submit comments online and be sure to
identify the appropriate docket control
number (EPA–R10–OAR–2020–0361) in
your correspondence. Your comments
must be received by January 10, 2023 to
be considered in the final action taken
by the EPA.
You may also comment on this
proposal by attending the public
hearing, if one is held, and providing
oral comments. If the EPA determines
that a hearing should be held, the
virtual hearing will be held on
November 17, 2022.
IV. Incorporation by Reference
In this document, the EPA is
proposing to include in the final rule,
regulatory text that includes
incorporation by reference (IBR). In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to IBR the
following provisions as they exist on the
date of final approval by the Office of
the Federal Register:
• ASTM D388–19a, Standard
Classification of Coals by Rank, IBR to
be approved for § 49.123. This
specification covers the classification of
coals by rank, that is, according to their
degree of metamorphism, or progressive
alteration, in the natural series from
lignite to anthracite;
• ASTM D396–21, Standard
Specification for Fuel Oils, IBR to be
approved for § 49.123. This
specification covers grades of fuel oil
intended for use in various types of fueloil-burning equipment under various
climatic and operating conditions;
ASTM D240–19, Standard Test Method
for Heat of Combustion of Liquid
Hydrocarbon Fuels by Bomb
Calorimeter, IBR to be approved for
§ 49.123. This test method covers the
determination of the heat of combustion
of liquid hydrocarbon fuels ranging in
volatility from that of light distillates to
that of residual fuels;
• ASTM D1826–94(Reapproved
2017), Standard Test Method for
Calorific (Heating) Value of Gases in
Natural Gas Range by Continuous
Recording Calorimeter, IBR to be
approved for § 49.123. This test method
covers the determination with the
continuous recording calorimeter of the
total calorific (heating) value of fuel gas
produced or sold in the natural gas
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range from 900 to 1200 British thermal
unit/standard cubic foot;
• ASTM D5865/D5865M–19,
Standard Test Method for Gross
Calorific Value of Coal and Coke, IBR to
be approved for § 49.123. This test
method pertains to the determination of
the gross calorific value of coal and coke
by either an isoperibol or adiabatic
combustion calorimeter;
• ASTM D2880–20, Standard
Specification for Gas Turbine Fuel Oils,
IBR to be approved for § 49.130. This
specification covers the selection of
fuels for gas turbines, excepting gas
turbines used in aircraft, for the
guidance of interested parties such as
turbine manufacturers and the suppliers
and purchasers of fuel oils;
• ASTM D4294–21, Standard Test
Method for Sulfur in Petroleum
Products by Energy-Dispersive X-ray
Fluorescence Spectroscopy, IBR to be
approved for § 49.130. This test method
covers the determination of total sulfur
in petroleum and petroleum products
that are single-phase and either liquid at
ambient conditions, liquefiable with
moderate heat, or soluble in
hydrocarbon solvents;
• ASTM D6021–22, Standard Test
Method for Measurement of Total
Hydrogen Sulfide in Residual Fuels by
Multiple Headspace Extraction and
Sulfur Specific Detection, IBR to be
approved for § 49.130. This test method
covers a method suitable for measuring
the total amount of hydrogen sulfide
(H2S) in heavy distillates, heavy
distillate/residual fuel blends, or
residual fuels;
• ASTM D4239–18e1, Standard Test
Methods for Sulfur in the Analysis
Sample of Coal and Coke Using High
Temperature Tube Furnace Combustion
Methods, IBR to be approved for
§ 49.130. This test method covers the
determination of sulfur in samples of
coal or coke by high-temperature tube
furnace combustion;
• ASTM E775–15(Reapproved 2021),
Standard Test Methods for Total Sulfur
in the Analysis Sample of RefuseDerived Fuel, IBR to be approved for
§ 49.130. These test methods present
two alternative procedures for the
determination of total sulfur in prepared
analysis samples of solid refuse-derived
fuel. Sulfur is included in the ultimate
analysis of refuse-derived fuel;
• ASTM D1072–06(Reapproved
2017), Standard Test Method for Total
Sulfur in Fuel Gases by Combustion and
Barium Chloride Titration, IBR to be
approved for § 49.130. This test method
is for the determination of total sulfur in
combustible fuel gases and is applicable
to natural gases, manufactured gases,
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mixed gases, and other miscellaneous
gaseous fuels;
• ASTM D3246–15, Standard Test
Method for Sulfur in Petroleum Gas by
Oxidative Microcoulometry, IBR to be
approved for § 49.130. This test method
covers determination of sulfur in the
range from 1.5 to 100 milligram per
kilogram (parts per million by mass) by
weight in hydrocarbon products that are
gaseous at normal room temperature
and pressure;
• ASTM D4084–07(Reapproved 2017)
Standard Test Method for Analysis of
Hydrogen Sulfide in Gaseous Fuels
(Lead Acetate Reaction Rate Method),
IBR to be approved for § 49.130. This
test method covers the determination of
H2S in gaseous fuels. It is applicable to
the measurement of H2S in natural gas,
liquefied petroleum gas, substitute
natural gas, landfill gas, sewage
treatment off gasses, recycle gas, flare
gasses, and mixtures of fuel gases;
• ASTM D5504–20, Standard Test
Method for Determination of Sulfur
Compounds in Natural Gas and Gaseous
Fuels by Gas Chromatography and
Chemiluminescence, IBR to be approved
for § 49.130. This test method is
primarily for the determination of
speciated volatile sulfur-containing
compounds in high methane content
gaseous fuels such as natural gas;
• ASTM D4468–85(Reapproved
2015), Standard Test Method for Total
Sulfur in Gaseous Fuels by
Hydrogenolysis and Rateometric
Colorimetry, IBR to be approved for
§ 49.130. This test method covers the
determination of sulfur gaseous fuels in
the range from 0.001 to 20 parts per
million by volume (ppm/v);
• ASTM D2622–21, Standard Test
Method for Sulfur in Petroleum
Products by Wavelength Dispersive Xray Fluorescence Spectrometry, IBR to
be approved for § 49.130. This test
method covers the determination of
total sulfur in petroleum and petroleum
products that are single-phase and
either liquid at ambient conditions,
liquefiable with moderate heat, or
soluble in hydrocarbon solvents. These
materials can include diesel fuel, jet
fuel, kerosene, other distillate oil,
naphtha, residual oil, lubricating base
oil, hydraulic oil, crude oil, unleaded
gasoline, gasoline-ethanol blends, and
biodiesel; and
• ASTM D6228–19, Standard Test
Method for Determination of Sulfur
Compounds in Natural Gas and Gaseous
Fuels by Gas Chromatography and
Flame Photometric Detection, IBR to be
approved for § 49.130. This test method
covers the determination of individual
volatile sulfur-containing compounds in
gaseous fuels by gas chromatography
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with a flame photometric detector or a
pulsed flame photometric detector.
These ASTM standards were
developed and adopted by ASTM. This
material is available for inspection by
appointment at the EPA Region 10, Air
and Radiation Division, 1200 Sixth
Avenue, Seattle, Washington 98101 by
contacting the individual listed in the
FOR FURTHER INFORMATION CONTACT
section, and is available from the
sources indicated below. The ASTM
standards may also be obtained from
www.astm.org or from the ASTM at 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959.
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is a significant regulatory
action that was submitted to the Office
of Management and Budget (OMB) for
review. OMB determined this action is
significant based on a finding of novel
policy issues, specifically that this
action impacts Indian Tribes. Any
changes made in response to OMB
recommendations have been
documented in the docket. The EPA
prepared an economic analysis of the
potential costs and benefits associated
with this action. This analysis,
‘‘Economic Impact Analysis for the
Revised Federal Implementation Plans
Under the Clean Air Act for Indian
Reservations in Idaho, Oregon, and
Washington’’ is available in the docket.
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B. Paperwork Reduction Act (PRA)
OMB has previously approved the
information collection activities
contained in the existing regulations
and has assigned OMB control number
2060–0558. Information collection
activities in this proposed rule have
been submitted for approval to the
Office of Management and Budget
(OMB) under the PRA. The Information
Collection Request (ICR) document that
the EPA prepared has been assigned
EPA ICR # 2730.01.
The record-keeping and reporting
burden for this collection of information
is described in the following
paragraphs. As discussed in section C of
this preamble, ‘‘burden’’ refers means to
the total time, effort, or financial
resources expended by persons to
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provide information to or for a Federal
agency.
In 2005, the EPA promulgated Federal
Implementation Plans (FIPs) under the
Clean Air Act (CAA) for Indian
reservations located in Idaho, Oregon
and Washington. The FIPs, also referred
to as Federal Air Rules for Reservations
(FARR), include basic air quality
regulations to protect health and welfare
on Indian reservations located in the
Northwest. These rules are implemented
by EPA Region 10 and delegated to
Tribes. EPA Region 10 is proposing
revisions to the FARR, including
clarifying aspects of the initial rules;
removing an exemption to the limiting
visible emissions rule for smudge pots
and adding new rules for residential
solid fuel heating devices and
woodstove curtailment; splitting the
rule for general open burning permits
into a large open burn and two small
open burn permit options; removing
provisions that have been superseded by
provisions of the Tribal New Source
Review (NSR) rule; and moving to
online registration of air pollution
sources and emissions reporting. In
addition, EPA Region 10 is
promulgating three new FIPs
implementing the FARR on the
Snoqualmie Indian Reservation, the
Cowlitz Indian Reservation, and the
lands held in trust for the Samish Indian
Nation. These revisions also clarify that
the FARR applies to lands held in trust
for a Tribe that has not been formally
designated as a reservation.
The Office of Management and Budget
(OMB) approved an Information
Collection Request (ICR) entitled
‘‘Federal Implementation Plans Under
the Clean Air Act for Indian
Reservations in Idaho, Oregon and
Washington’’ (OMB Control Number
2060–0558), on November 16, 2004 for
the FARR as originally promulgated in
2005. Renewals of the ICR were
approved by OMB on May 23, 2008;
August 3, 2011; March 16, 2015; and
August 31, 2018, with the latest renewal
(EPA ICR # 2020.09) submitted to OMB
for review and approval and published
in the Federal Register on 8/13/2021 (86
FR 44708). This new ICR addresses the
proposed revisions to the FARR listed
above and provides burden estimates for
respondents to comply with the various
FIP provisions required by subpart M of
this part Implementation Plans for
Tribes—Region 10. The rulemaking
effort will utilize a new OMB control
number and EPA ICR number. Any
approved information collection
activities associated with the final rule
will be reintegrated with the base
collection (under control number 2060–
0558) at a later date.
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Respondents/affected entities: Entities
potentially affected by this action
include owners and operators of
emission sources in all industry groups
and tribal, Federal, and local
governments, landowners who conduct
open burning and owners of residential
wood burning devices, located in the
identified Indian reservations.
Categories of entities potentially
affected by this proposed information
collection are summarized in Table 1 in
the ICR.
Respondent’s obligation to respond:
Respondent’s obligation to respond is
mandatory. See §§ 49.122, 49.126,
49.130 through 134, 49.138 through
49.142.
Estimated number of respondents:
2,731.
Frequency of response: Annual or
Occasional.
Total estimated burden: 5354.5 hours
(per year). Burden is defined at 5 CFR
1320.3(b).
Total estimated cost: $424,300 (per
year), includes no annualized capital or
operation & maintenance costs.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for the EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
Submit your comments on the
Agency’s need for this information, the
accuracy of the provided burden
estimates and any suggested methods
for minimizing respondent burden to
the EPA using the docket identified at
the beginning of this rule. The EPA will
respond to any ICR-related comments in
the final rule. You may also send your
ICR-related comments to OMB’s Office
of Information and Regulatory Affairs
using the interface at www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under Review—
Open for Public Comments’’ or by using
the search function. OMB must receive
comments no later than December 12,
2022.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. Under the RFA, ‘‘small
entity’’ includes small businesses, small
governments, and small organizations,
as defined in 5 U.S.C. 601. The small
entities subject to the requirements of
this action are primarily small
businesses, although there may be small
organizations and small governmental
jurisdictions that are impacted as well.
Among individually identified entities
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expected to be impacted by these rules,
108 out of 140 (77%) 14 were classified
as small entities, all of which are small
businesses. There are an array of
different types of businesses that would
be impacted. Industrial categories
subject to the FARR include gasoline
stations, forest products, cement,
asphalt paving, automotive repair,
lodging, and other sectors. None of the
identified facilities expected to incur
costs under these rules are believed to
be owned by small governments. In
addition to the identified entities, there
are a number of general contractors, fire
protection services, farmers, foresters,
and orchardists that are expected to
incur costs each year to apply for burn
permits or comply with other
recordkeeping and reporting
requirements. We have estimated that
an average of about 2,010 entities would
incur costs for preparing burn permits
or other requirements each year. These
entities are not specifically identified so
we used a conservative assumption that
they are all small. They are expected to
be comprised primarily of small
businesses, but small governmental
jurisdictions may incur costs for their
fire protection services to obtain annual
open burning permits to conduct
trainings. Small non-profits may also be
impacted. The Agency has determined
that the identified small entities may
experience an impact averaging about
0.1 percent of revenues, with no entities
expected to incur costs greater than 1
percent of their annual revenues.
Similarly, among unidentified entities
that are expected to experience positive
regulatory costs, the estimated costs are
so low relative to typical revenues in the
impacted sectors that no entities are
expected to experience cost greater than
1 percent of annual revenues. Details of
this analysis are presented in the EIA
included in the docket. Although this
proposed rulemaking will not have a
significant economic impact on a
substantial number of small entities, the
EPA has included a number of
exemptions in the rules where
appropriate to reduce impacts of this
rulemaking on small entities. In
addition, in developing this proposal,
the EPA coordinated and consulted with
Tribal governments regarding the
potential impacts of these rules (see
Section IV.F. of this preamble). In order
to better understand the implications of
these rules for small entities, as part of
the coordination and consultation with
Tribal representatives, the EPA also
explored the possible effects for small
businesses operating on Tribal lands.
14 This represents the number of businesses that
have registered under the FARR.
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We continue to seek information
regarding the potential impacts of the
proposed rulemaking on small entities
and welcome comments on issues
related to such impacts.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain an
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments. The
EPA has determined that this
rulemaking does not contain a Federal
mandate that may result in expenditures
of $100 million or more for State, local,
and Tribal governments, in the
aggregate, or the private sector in any
one year. With regard to State and local
governments, there is no expenditure
because these rules only apply on
Indian reservations. With regard to
Tribal governments the proposed
revisions will not have an economic
impact on Tribal governments because
the implementation and enforcement
responsibility for the proposed revisions
rests with the EPA unless a Tribe seeks
delegation to implement or otherwise
seeks to assist the EPA in one or more
aspects of the FARR on its reservation.
Thus, this rule are not subject to the
requirements of sections 202 and 205 of
UMRA.
As explained in the discussion of
Executive Order 13175 in section F of
this preamble below, we notified all
potentially affected Tribal governments
of the requirements in these proposed
rules. Further, although there are no
significant Federal intergovernmental
mandates, we provided officials of all
potentially affected Tribal governments
an opportunity for meaningful and
timely input in the development of the
regulatory proposal. Finally, through
consultation meetings and other forums,
we will continue to keep Tribal
governments involved by providing
them with opportunities for learning
about and receiving advice on
compliance with the regulatory
requirements.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action has tribal implications.
However, it will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. The proposed
revisions would significantly affect
specific Indian reservations in Idaho,
Oregon, and Washington by imposing
necessary or appropriate air quality
regulations and creating an improved
level of air quality protection on the
affected Indian reservations. The air
quality revisions proposed here are
applicable broadly to all sources within
the identified Indian reservations and
are not uniquely applicable to Tribal
governments. Tribal governments may
incur some compliance costs in meeting
those requirements that apply to sources
they own or operate; however, the
economic impacts analysis indicates
that those costs would not be
substantial. Finally, although Tribal
governments are encouraged to partner
with the EPA on the implementation of
these regulations, they are not required
to do so. In addition, the EPA will seek
to provide funding to Tribes that apply
for delegation of the EPA’s authority to
administer specific rules to support
their activities. Because these proposed
revisions will neither impose
substantial direct compliance costs on
Tribal governments, nor preempt Tribal
law, the requirements of sections 5(b)
and 5(c) of the Executive Order do not
apply to the proposed revisions.
The EPA consulted with tribal
officials under the EPA Policy on
Consultation and Coordination with
Indian Tribes early in the process of
developing this regulation to permit
them to have meaningful and timely
input into its development. A summary
of that consultation is provided in the
document, ‘‘Coordination and
Consultation Record,’’ included in the
docket for this notice. The proposed
revisions are based on the EPA’s and
Tribes’ experience in implementing the
FARR since 2005, including instances
where the FARR was not being
interpreted as the EPA had intended, as
well as changes in related air quality
regulations and changes in air quality in
some affected areas. Early on in the
process, in 2010, we offered all affected
Tribes the opportunity to consult on
proposed revisions to the FARR, and
conducted formal consultations with
three Tribes in response to that offer.
We also provided Tribes the
opportunity early on to participate in
conference calls to learn more about
potential rule revision and worked
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collaboratively with tribal
environmental staff as we developed
draft revisions.
The EPA provided drafts of the
proposed FARR revisions to the leaders
and environmental staff of the affected
Tribes in 2016 and 2020. Several Tribes
requested formal consultation in
response. The EPA also conducted a
webinar in 2020 to provide an overview
of the latest draft revisions that 10
Tribes attended, and the EPA discussed
the draft revisions with Tribal
environmental staff at various points in
the process. The overall response to the
proposed revisions from Tribal leaders
and environmental staff was generally
favorable, and the EPA received
valuable suggestions for improvements
to the rule itself, as well as outreach and
implementation for once the revisions
are finalized.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because the
EPA does not believe the environmental
health or safety risks addressed by this
action present a disproportionate risk to
children. This action generally increases
the level of environmental protection for
affected populations (persons living on
Indian reservations). The proposed
revisions would provide regulatory
certainty and necessary or appropriate
regulation on Indian reservations, and
reduce emissions from sources
complying with these regulations.
Consequently, the regulations are
expected to result in health benefits to
persons living on Indian reservations.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not a ‘‘significant
energy action’’ because it is not likely to
have a significant adverse effect on the
supply, distribution or use of energy.
I. National Technology Transfer and
Advancement Act (NTTAA)
This action involves technical
standards. The EPA proposes to
continue using the ASTM Methods and
generally accepted test methods
previously promulgated by the EPA, as
updated since 2005. Because these
methods were used under the FARR
rules as promulgated in 2005 and are
still widely used by State and local
agencies for determining compliance
with similar rules, the EPA continues to
believe these technical standards are the
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most appropriate and will not require
any alternative technical standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
Section II.C. of this preamble provides
additional information regarding
Environmental Justice. This action
generally increases the level of
environmental protection for affected
populations (persons living on Indian
reservations). The proposed revisions
would provide necessary or appropriate
regulation on Indian reservations, and
reduce emissions from sources
complying with these regulations.
Consequently, the regulations are
expected to result in health benefits to
persons living on Indian reservations,
many of whom live in low-income and
communities of color.
61891
49.123 General provisions.
49.124 Rule for limiting visible emissions.
49.125 Rule for limiting the emissions of
particulate matter.
49.126 Rule for limiting fugitive particulate
matter emissions.
49.127 Rule for woodwaste burners.
49.128 Rule for limiting particulate matter
emissions from wood products industry
sources.
49.129 Rule for limiting emissions of sulfur
dioxide.
49.130 Rule for limiting sulfur in fuels.
49.131 General rule for open burning.
49.132 Rule for large open burning permits.
49.133 Rule for agricultural burning
permits.
49.134 Rule for forestry and silvicultural
burning permits.
49.135 Rule for emissions detrimental to
public health or welfare.
49.136 [Reserved]
49.137 Rule for air pollution episodes.
49.138 Rule for the registration of air
pollution sources and the reporting of
emissions.
49.139 Rule for non-Title V operating
permits.
*
*
*
*
*
General Rules for Application to Indian
Reservations in Idaho, Oregon, and
Washington
List of Subjects in 40 CFR Part 49
§ 49.121
Environmental protection, Air
pollution control, Administrative Act
and Procedure, Incorporation by
reference, Indians, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
(a) What is the purpose of §§ 49.121
through 49.143? These sections
establish emission limitations and other
requirements for air pollution sources
located within Indian reservations in
Idaho, Oregon, and Washington that are
appropriate in order to ensure a basic
level of air pollution control and to
protect public health and welfare.
(b) How were these sections
developed? These sections were
developed in consultation with the
Indian Tribes located in Idaho, Oregon,
and Washington and with input from
the public and State and local
governments in EPA Region 10. These
sections take into consideration the
current air quality situations within
Indian reservations, the known sources
of air pollution, the needs and concerns
of the Indian Tribes in that portion of
EPA Region 10, and the air quality rules
in adjacent jurisdictions.
(c) When are these sections applicable
to sources on a particular Indian
reservation? These sections apply to air
pollution sources on a particular Indian
reservation when EPA has specifically
promulgated one or more rules for that
reservation in subpart M of this part.
Rules will be promulgated through
notice and comment rulemaking and
will be specifically identified in the
implementation plan for that reservation
in subpart M of this part. Once EPA has
promulgated one or more rules for an
Indian reservation, such rules will apply
Dated: September 15, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 49 is proposed to
be amended as follows:
PART 49—INDIAN COUNTRY: AIR
QUALITY PLANNING AND
MANAGEMENT
1. The authority citation for part 49
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart C—General Federal
implementation Plan Provisions
2. Revise the undesignated heading
immediately following reserved
§§ 49.106 through 49.120 and §§ 49.121
through 49.139 to read as follows:
*
*
*
*
*
■
Sec.
General Rules for Application to Indian
Reservations in Idaho, Oregon, and
Washington
49.121 Introduction.
49.122 Partial delegation of administrative
authority to a Tribe.
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without further action to any
subsequently established reservation
lands of the specified Indian Tribe or
Tribes.
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§ 49.122 Partial delegation of
administrative authority to a Tribe.
(a) What is the purpose of this
section? The purpose of this section is
to establish the process by which the
Regional Administrator may delegate to
an Indian Tribe partial authority to
administer one or more of the Federal
requirements in effect in subpart M of
this part for a particular Indian
reservation. The Federal requirements
administered by the delegated Tribe will
be subject to enforcement by EPA under
Federal law. This section provides for
administrative delegation and does not
affect the eligibility criteria under § 49.6
for treatment in the same manner as a
State.
(b) How does a Tribe request partial
delegation of administrative authority?
In order to be delegated authority to
administer one or more of the Federal
requirements that are in effect in
subpart M of this part for a particular
Indian reservation, the Tribe must
submit a request to the Regional
Administrator that:
(1) Identifies the specific provisions
for which delegation is requested.
(2) Identifies the Indian reservation
(or portion thereof) for which delegation
is requested.
(3) Includes a statement by the
applicant’s legal counsel (or equivalent
official) that includes the following
information:
(i) A statement that the applicant is an
Indian Tribe recognized by the Secretary
of the Interior;
(ii) A descriptive statement
demonstrating that the applicant is
currently carrying out substantial
governmental duties and powers over a
defined area and that it meets the
requirements of § 49.7(a)(2); and
(iii) A description of the laws of the
Indian Tribe that provide adequate
authority to carry out the aspects of the
provisions for which delegation is
requested.
(4) Demonstrates that the Tribe has, or
will have, the technical capability and
adequate resources to carry out the
aspects of the provisions for which
delegation is requested.
(c) How is the partial delegation of
administrative authority accomplished?
(1) A partial delegation of
administrative authority agreement will
set forth the terms and conditions of the
delegation, will specify the provisions
that the Tribe will be authorized to
administer on behalf of EPA, will, if
applicable, identify the portion(s) of the
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Indian reservation covered by the
delegation, and will be entered into by
the Regional Administrator and the
Tribe. The Agreement will become
effective upon the date that both the
Regional Administrator and the Tribe
have signed the agreement. Once the
delegation becomes effective, the Tribe
will have the authority under the Clean
Air Act, to the extent specified in the
agreement, for administering one or
more of the Federal requirements that
are in effect in subpart M of this part for
the particular Indian reservation (or
portion thereof) and will act on behalf
of the Regional Administrator for
purposes of administering such
requirements.
(2) A partial delegation of
administrative authority agreement may
be modified, amended, or revoked, in
part or in whole, by the Regional
Administrator after consultation with
the Tribe. Any substantive
modifications or amendments will be
subject to the procedures in paragraph
(d) of this section.
(d) How will any partial delegation of
administrative authority be publicized?
(1) Prior to making any final decision to
delegate partial administrative authority
to a Tribe under this section, EPA will
consult with appropriate governmental
entities outside of the specified
reservation and city and county
governments located within the
boundaries of the specified reservation.
(2) The Regional Administrator will
publish a notice in the Federal Register
informing the public of any Partial
Delegation of Administrative Authority
Agreement for a particular Indian
reservation and will note such
delegation in the applicable
implementation plan for the Indian
reservation in subpart M of this part.
The Regional Administrator will also
publish an announcement of the partial
delegation agreement in local
newspapers.
§ 49.123
General provisions.
(a) Definitions. The following
definitions apply for the purposes of
§§ 49.121 through 49.143. Terms not
defined in this paragraph (a) have the
meaning given to them in the Clean Air
Act.
Actual emissions means the actual
rate of emissions, in tons per year, of an
air pollutant emitted from an air
pollution source. For an existing air
pollution source, the actual emissions
are the actual rate of emissions for the
preceding calendar year and must be
calculated using the actual operating
hours, production rates, in-place control
equipment, and types of materials
processed, stored, or combusted during
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the preceding calendar year. For a new
air pollution source that did not operate
during the preceding calendar year, the
actual emissions are the estimated
actual rate of emissions for the current
calendar year.
Administrator means the
Administrator of the United States
Environmental Protection Agency (EPA)
or an authorized representative of the
Administrator.
Agricultural activities means the
usual and customary activities of
cultivating the soil, growing or
harvesting crops, and raising livestock
for use and consumption. Agricultural
activities do not include manufacturing,
bulk storage, preparing or handling for
resale, or the formulation of any
agricultural chemical. Examples of
activities that are not agricultural
activities include hop drying in kilns
and distillation of mint oil.
Agricultural burn or agricultural
burning means the open burning of
vegetative debris from an agricultural
activity that is necessary for disease or
pest control, or for crop propagation
and/or crop rotation.
Air pollutant means any air pollution
agent or combination of such agents,
including any physical, chemical,
biological, radioactive (including source
material, special nuclear material, and
by-product material) substance or matter
that is emitted into or otherwise enters
the ambient air. Such term includes any
precursors to the formation of any air
pollutant, to the extent the
Administrator has identified such
precursor or precursors for the
particular purpose for which the term
air pollutant is used.
Air pollution source (or source) means
any building, structure, facility,
installation, activity, or equipment, or
combination of these, that emits, or may
emit, an air pollutant.
Allowable emissions mean the
emission rate of an air pollution source
calculated using the maximum rated
capacity of the source (unless the source
is subject to Federally-enforceable limits
that restrict the operating rate, hours of
operation, or both) and the most
stringent of the following:
(i) The applicable standards in 40 CFR
parts 60, 61, 62, and 63;
(ii) The applicable implementation
plan emission limitations, including
those with a future compliance date; or
(iii) The emissions rates specified in
Federally-enforceable permit
conditions.
Ambient air means that portion of the
atmosphere, external to buildings, to
which the general public has access.
British thermal unit (Btu) means the
quantity of heat necessary to raise the
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temperature of one pound of water one
degree Fahrenheit.
Clean Air Act means 42 U.S.C. 7401
et seq.
Coal means all fuels classified as
anthracite, bituminous, sub-bituminous,
or lignite in ASTM D388.
Combustion source means any air
pollution source that combusts a solid
fuel, liquid fuel, or gaseous fuel, or an
incinerator.
Continuous emissions monitoring
system (CEMS) means the total
equipment used to sample, condition (if
applicable), analyze, and provide a
permanent continuous record of
emissions.
Continuous opacity monitoring
system (COMS) means the total
equipment used to sample, analyze, and
provide a permanent continuous record
of opacity.
Cooking fire means any open burn in
a fire pit or outdoor appliance for the
purpose of cooking food. A cooking fire
may only burn firewood, charcoal
briquettes, wood pellets, wood chips, or
other fuels suitable for cooking food.
Distillate fuel oil means any oil
meeting the specifications of ASTM
Grade 1 or Grade 2 fuel oils in ASTM
D396.
Emission means a direct or indirect
release into the atmosphere of any air
pollutant or air pollutants released into
the atmosphere.
Emission factor means an estimate of
the amount of an air pollutant that is
released into the atmosphere, as the
result of an activity, in terms of mass of
emissions per unit of activity (for
example, the pounds of sulfur dioxide
emitted per gallon of fuel burned).
Emission unit means any part of an air
pollution source that emits, or may
emit, air pollutants into the atmosphere.
Federally enforceable means all
limitations and conditions that are
enforceable by the Administrator.
Forestry or silvicultural activities
means those activities associated with
regeneration, growing, and harvesting of
trees and timber including, but not
limited to, preparing sites for new
stands of trees to be either planted or
allowed to regenerate through natural
means, road construction and road
maintenance, fertilization, logging
operations, and forest management
techniques employed to enhance the
growth of stands of trees or timber.
Forestry or silvicultural burn or
forestry or silvicultural burning means
the open burning of vegetative debris
from a forestry or silvicultural activity
that is necessary for disease or pest
control, reduction of fire hazard,
reforestation, or ecosystem management.
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This includes prescribed fire as defined
in 40 CFR 50.1(m).
Fuel means any solid, liquid, or
gaseous material that is combusted in
order to produce heat or energy.
Fuel oil means a liquid fuel derived
from crude oil or petroleum, including
distillate oil, residual oil, and used oil.
Fugitive dust means a particulate
matter emission made airborne by forces
of wind, mechanical disturbance of
surfaces, or both. Unpaved roads and
construction sites are examples of
sources of fugitive dust.
Fugitive particulate matter means
particulate matter emissions that do not
pass through a stack, chimney, vent, or
other functionally equivalent opening.
Fugitive particulate matter includes
fugitive dust.
Gaseous fuel means any fuel that
exists in a gaseous state at standard
conditions including, but not limited to,
natural gas, propane, fuel gas, process
gas, and landfill gas.
Grate cleaning means removing ash
and other non-combustibles from
fireboxes.
Hardboard means a flat panel made
from wood that has been reduced to
basic wood fibers and bonded by
adhesive properties under pressure.
Heat input means the total gross
calorific value [where gross calorific
value is measured by ASTM D240,
ASTM D1826, or ASTM D5865/
D5865M] of all fuels burned.
Hog fuel or hogged fuel means wood
chips or shavings, residue from
sawmills, and other wood processing
residue.
Implementation plan means a Tribal
implementation plan approved by EPA
pursuant to this part or 40 CFR part 51,
or a Federal implementation plan
promulgated by EPA in this part or in
40 CFR part 52 that applies in Indian
country, or a combination of Tribal and
Federal implementation plans.
Incinerator means any device,
including a flare, designed to reduce the
volume of solid, liquid, or gaseous
waste by combustion. This includes air
curtain incinerators but does not
include open burning.
Indian country means:
(i) All land within the limits of any
Indian reservation under the
jurisdiction of the United States
government, notwithstanding the
issuance of any patent, and including
rights-of-way running through the
reservation.
(ii) All dependent Indian
communities within the borders of the
United States whether within the
original or subsequently acquired
territory thereof, and whether within or
without the limits of a State.
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(iii) All Indian allotments, the Indian
titles to which have not been
extinguished, including rights-of-way
running through the same.
Indian reservation, which is included
in the definition of Indian country and
used elsewhere in this rule, means all
land within the limits of any Indian
reservation under the jurisdiction of the
United States government,
notwithstanding the issuance of any
patent, and including rights-of-way
running through the reservation. Under
this definition, Indian reservations
include lands held in trust by the
United States government for the benefit
of an Indian Tribe even if the trust lands
have not been formally designated as a
reservation.
Intermediate change to monitoring
means an ‘‘intermediate change to
monitoring’’ as defined in 40 CFR
63.90(a).
Large open burn or large open burning
means the open burning of a single pile
of materials greater than 10 feet in
diameter or more than 60 feet of ditch
bank or fence line vegetation.
Major change to monitoring means a
‘‘major change to monitoring’’ as
defined in 40 CFR 63.90(a).
Marine vessel means a waterborne
craft, ship, or barge.
Minor change to monitoring means a
‘‘minor change to monitoring’’ as
defined in 40 CFR 63.90(a).
Minor change to recordkeeping/
reporting means a ‘‘minor change to
recordkeeping/reporting’’ as defined in
40 CFR 63.90(a), except it does not
include ‘‘Changes related to compliance
extensions granted pursuant to § 63.6(i)’’
of this chapter.
Minor change to test method means a
‘‘minor change to test method’’ as
defined in 40 CFR 63.90(a).
Mobile sources means locomotives,
aircraft, motor vehicles, nonroad
vehicles, nonroad engines, and marine
vessels.
Motor vehicle means any selfpropelled vehicle designed for
transporting people or property on a
street or highway.
New air pollution source means, for
the purposes of the ‘‘Rule for
registration of air pollution sources and
reporting of emissions’’ in § 49.138, an
air pollution source that begins actual
construction after the dates specified in
§ 49.138(e)(1)(ii), (iv) or (vi), as
applicable.
Noncombustibles means materials
that are not flammable, capable of
catching fire, or burning.
Nonroad engine means a ‘‘nonroad
engine’’ as defined in 40 CFR 1068.30.
Nonroad vehicle means a vehicle that
is powered by a nonroad engine and
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that is not a motor vehicle or a vehicle
used solely for competition.
Non-Title V operating permit means a
permit issued by the Regional
Administrator pursuant to § 49.139 Rule
for non-Title V operating permits.
Oil-fired boiler means a furnace or
boiler used for combusting fuel oil for
the primary purpose of producing steam
or hot water by heat transfer.
Opacity means the degree to which
emissions reduce the transmission of
light and obscure the view of an object
in the background. For continuous
opacity monitoring systems, opacity
means the fraction of incident light that
is attenuated by an optical medium.
Open burn or open burning means the
burning of a material that results in the
products of combustion being emitted
directly into the atmosphere without
passing through a stack. Open burning
includes burning in burn barrels.
Orchard heating device or orchard
heater means a fuel burning device
capable of being used for frostprevention or protection in orchards,
vineyards, field crops or truck crops.
Smudge pots and open-pot heaters are
types of orchard heating devices.
Owner or operator means any person
who owns, leases, operates, controls, or
supervises an air pollution source.
Part 71 source means any source
subject to the permitting requirements
of 40 CFR part 71, as provided in 40
CFR 71.3(a) and (b).
Particleboard means a matformed flat
panel consisting of wood particles
bonded together with synthetic resin or
other suitable binder.
Particulate matter means any airborne
finely divided solid or liquid material,
other than uncombined water.
Particulate matter includes, but is not
limited to, PM2.5 and PM10.
Permit to construct or construction
permit means a permit issued by the
Regional Administrator pursuant to this
part or 40 CFR part 52, or a permit
issued by a Tribe pursuant to a program
approved by the Administrator under 40
CFR part 51, subpart I, authorizing the
construction or modification of a
stationary source.
Permit to operate or operating permit
means a permit issued by the Regional
Administrator pursuant to §§ 49.139 and
49.158, 40 CFR part 71, or by a Tribe
pursuant to a program approved by the
Administrator under 40 CFR part 51 or
40 CFR part 70, authorizing the
operation of a stationary source.
Plywood means a flat panel built
generally of an odd number of thin
sheets of veneers of wood in which the
grain direction of each ply or layer is at
right angles to the one adjacent to it.
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PM2.5 means particulate matter with
an aerodynamic diameter less than or
equal to 2.5 micrometers.
PM10 means particulate matter with
an aerodynamic diameter less than or
equal to 10 micrometers.
Potential to emit means the maximum
capacity of an air pollution source to
emit an air pollutant under its physical
and operational design. Any physical or
operational limitation on the capacity of
the air pollution source to emit an air
pollutant, including air pollution
control equipment and restrictions on
hours of operation or on the type or
amount of material combusted, stored,
or processed, shall be treated as part of
its design if the limitation or the effect
it would have on emissions is Federally
enforceable.
Press/Cooling vent means any
opening through which particulate and
gaseous emissions from plywood,
particleboard, or hardboard
manufacturing are exhausted, either by
natural draft or powered fan, from the
building housing the process. Such
openings are generally located
immediately above the board press,
board unloader, or board cooling area.
Process source means an air pollution
source using a procedure or
combination of procedures for the
purpose of causing a change in material
by either chemical or physical means,
excluding combustion.
Rated capacity means the maximum
sustainable capacity of the equipment.
Recreational fire means a campfire or
a bonfire burning materials authorized
under § 49.131(d)(1)(i) and (iii) for
pleasure or celebratory purposes.
Cooking fires and fires used for debris
disposal purposes are not considered
recreational fires.
Reference method means any method
of sampling and analyzing for an air
pollutant as specified in the applicable
section.
Regional Administrator means the
Regional Administrator of EPA Region
10 or an authorized representative of the
Regional Administrator.
Residential central heater means a
residential wood burning device that is
a ‘‘central heater’’ as defined in 40 CFR
60.5473.
Residential forced-air furnace means
a residential wood burning device that
is a ‘‘residential forced-air furnace’’ as
defined in 40 CFR 60.5473.
Residential hydronic heater means a
residential wood burning device that is
a ‘‘residential hydronic heater’’ as
defined in 40 CFR 60.5473.
Residential wood burning device
means any wood burning device that
supplies heat to a single-family
residence (including a boarding house
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or a residence with a ‘‘mother in law’’
unit) or any wood burning device
installed in an individual unit of a
multiple unit structure such as a
condominium, apartment, duplex,
multiplex, hotel, motel, or resort. This
includes, but is not limited to, wood
stoves, fireplaces, fireplace inserts,
residential wood heaters, residential
hydronic heaters, residential forced-air
furnaces, and residential central heaters.
Residential wood heater means a
residential wood burning device that is
a ‘‘wood heater’’ as defined in 40 CFR
60.531 or 40 CFR 60.5473.
Residual fuel oil means any oil
meeting the specifications of ASTM
Grade 4, Grade 5, or Grade 6 fuel oils
in ASTM D396.
Small open burn or small open
burning means the open burning of a
single pile of materials that is 10 feet or
less in diameter or 60 feet or less of
ditch bank or fence line vegetation.
Solid fuel means wood, refuse, refusederived fuel, tires, tire-derived fuel, and
other solid combustible material (other
than coal), including any combination
thereof.
Solid fuel-fired boiler means a furnace
or boiler used for combusting solid fuel
for the primary purpose of producing
steam or hot water by heat transfer.
Soot blowing means using steam or
compressed air to remove carbon from
a furnace or from a boiler’s heat transfer
surfaces.
Source means the same as air
pollution source.
Stack means any point in a source
that conducts air pollutants to the
atmosphere, including, but not limited
to, a chimney, flue, conduit, pipe, vent,
or duct, but not including a flare.
Standard conditions means a
temperature of 293 degrees Kelvin (68
degrees Fahrenheit, 20 degrees Celsius)
and a pressure of 101.3 kilopascals
(29.92 inches of mercury).
Start-up means the setting into
operation of a piece of equipment.
Stationary source means any building,
structure, facility, or installation that
emits, or may emit, any air pollutant.
Tempering oven means any facility
used to bake hardboard following an oil
treatment process.
Uncombined water means droplets of
water that have not combined with
hygroscopic particles or do not contain
dissolved solids.
Untreated wood means wood of any
species that has not been chemically
impregnated, painted, coated, or
similarly modified to prevent
weathering and deterioration.
Used oil means petroleum products
that have been recovered from another
application.
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Veneer means a single flat panel of
wood not exceeding 1⁄4 inch in thickness
formed by slicing or peeling from a log.
Veneer dryer means equipment in
which veneer is dried.
Visible emissions means air pollutants
in sufficient amount to be observable to
the human eye.
Wood means wood, wood residue,
wood waste, hog fuel, bark, or any
derivative or residue thereof, in any
form, including but not limited to
sawdust, sander dust, wood chips,
scraps, slabs, millings, shavings, and
processed pellets made from wood or
other forest residues.
Wood-fired boiler means a furnace or
boiler used for combusting wood for the
primary purpose of producing steam or
hot water by heat transfer.
Wood-fired veneer dryer means a
veneer dryer that is directly heated by
the products of combustion of wood in
addition to, or exclusive of, steam or
natural gas or propane combustion.
Woodwaste burner means a conical
burner, silo burner, olivine burner,
truncated cone burner, or other such
woodwaste-burning device used by the
wood products industry for the disposal
of wood wastes.
(b) Requirement for testing. The
Regional Administrator may require, in
a permit to construct or a permit to
operate, that a person demonstrate
compliance with any applicable
emission limitation or standard in
subpart M of this part by performing a
source test and submitting the test
results to the Regional Administrator. A
person may also be required by the
Regional Administrator, in a permit to
construct or permit to operate, to install
and operate a COMS or a CEMS to
demonstrate compliance. Nothing in
subpart M of this part limits the
authority of the Regional Administrator
to require, in an information request
pursuant to section 114 of the Clean Air
Act, a person to demonstrate
compliance by performing source
testing, even where the source does not
have a permit to construct or a permit
to operate.
(c) Requirement for monitoring,
recordkeeping, and reporting. Nothing
in subpart M of this part precludes the
Regional Administrator from requiring
monitoring, recordkeeping, and
reporting, including monitoring,
recordkeeping, and reporting in
addition to that already required by an
applicable requirement, in a permit to
construct or permit to operate in order
to ensure compliance.
(d) Alternatives to required testing,
monitoring, recordkeeping and
reporting. (1) Performance tests shall be
conducted, and data shall be reduced in
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accordance with the test methods and
procedures set forth in each relevant
standard, and, if required, in applicable
appendices of 40 CFR parts 51, 60, 61,
and 63 unless the Regional
Administrator:
(i) Specifies or approves, in specific
cases, the use of a test method with
minor changes in methodology. Such
changes may be approved in
conjunction with approval of the sitespecific test plan; or
(ii) Approves shorter sampling times
or smaller sample volumes when
necessitated by process variables or
other factors; or
(iii) Waives the requirement for
performance tests because the owner or
operator of an affected source has
demonstrated by other means to the
Regional Administrator’s satisfaction
that the affected source is in compliance
with the relevant standard.
(2) Monitoring shall be conducted as
set forth in the relevant standard(s)
unless the Regional Administrator:
(i) Specifies or approves the use of
minor changes in methodology for the
specified monitoring requirements and
procedures; or
(ii) Approves the use of an
intermediate or major change or
alternative to any monitoring
requirements or procedures.
(3) Recordkeeping or reporting shall
be conducted as set forth in the relevant
standard(s) unless the Regional
Administrator:
(i) Specifies or approves the use of
minor changes to recordkeeping/
reporting for the specified requirements
and procedures; or
(ii) A waiver of a recordkeeping or
reporting requirement has been granted
by the Regional Administrator under
this paragraph:
(A) Recordkeeping or reporting
requirements may be waived upon
written application to the Regional
Administrator if, in the Regional
Administrator’s judgment, the affected
source is achieving the relevant
standard(s). The application shall
include whatever information the owner
or operator considers useful to convince
the Regional Administrator that a
waiver of recordkeeping or reporting is
warranted.
(B) A waiver of any recordkeeping or
reporting requirement granted under
this paragraph may be conditioned on
other recordkeeping or reporting
requirements deemed necessary by the
Regional Administrator.
(C) Approval of any waiver granted
under this section shall not abrogate the
Regional Administrator’s authority
under the Clean Air Act or in any way
prohibit the Regional Administrator
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from later canceling the waiver. The
cancellation will be made only after
notice is given to the owner or operator
of the affected source.
(e) Credible evidence. For the
purposes of submitting compliance
certifications or establishing whether or
not a person has violated or is in
violation of any requirement, nothing in
subpart M of this part precludes the use,
including the exclusive use, of any
credible evidence or information
relevant to whether a source would have
been in compliance with applicable
requirements if the appropriate
performance or compliance test had
been performed.
(f) Performance test. Unless otherwise
specified in the applicable standard or
test method: (1) Each performance test
shall consist of three valid test runs
using the applicable test method and
each run shall be conducted for the time
and under the conditions specified in
the applicable standard or test method.
(2) The arithmetic mean of the results
of the three valid runs shall be
compared to the applicable standard for
purposes of determining compliance
with the applicable standard using the
applicable test method.
(3) In the event that a sample is
accidentally lost or conditions occur in
which one of the three runs must be
discontinued because of forced
shutdown, failure of an irreplaceable
portion of the sample train, extreme
meteorological conditions, or other
circumstances, beyond the owner or
operator’s control, compliance may,
upon the Regional Administrator’s
written approval, be determined using
the arithmetic mean of the results of the
two other runs.
(g) Incorporation by reference. The
material listed in this paragraph (g) is
incorporated by reference into this
section with the approval of the Director
of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
All approved material is available for
inspection at the EPA and at the
National Archives and Records
Administration (NARA). Contact EPA
at: EPA Region 10, Air and Radiation
Division, 1200 Sixth Avenue, Seattle,
Washington 98101; phone: 206–553–
1200; website: www.epa.gov/aboutepa/
epa-region-10-pacific-northwest. For
information on the availability of this
material at NARA, email: fr.inspection@
nara.gov; website: www.archives.gov/
federal-register/cfr/ibr-locations.html.
The material may be obtained from
ASTM International, 100 Barr Harbor
Drive, West Conshohocken, PA 19428–
2959; telephone: (610) 832–9500; email:
service@astm.org; website:
www.astm.org.
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(1) ASTM D388–19a, Standard
Classification of Coals by Rank.
(2) ASTM D396–21, Standard
Specification for Fuel Oils.
(3) ASTM D240–19, Standard Test
Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb
Calorimeter.
(4) ASTM D1826–94 (Reapproved
2017), Standard Test Method for
Calorific (Heating) Value of Gases in
Natural Gas Range by Continuous
Recording Calorimeter.
(5) ASTM D5865/D5865M–19,
Standard Test Method for Gross
Calorific Value of Coal and Coke.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.124 Rule for limiting visible
emissions.
(a) What is the purpose of this
section? This section limits the visible
emissions of air pollutants from certain
air pollution sources operating within
an Indian reservation to control
emissions of particulate matter to the
atmosphere and ground-level
concentrations of PM2.5 and PM10, to
detect the violation of other
requirements in subpart M of this part,
and to indicate whether a source is
continuously maintained and properly
operated.
(b) Who is affected by this section?
This section applies to any person who
owns or operates an air pollution source
that emits, or could emit, particulate
matter or other visible air pollutants to
the atmosphere, unless exempted in
paragraph (c) of this section.
(c) What is exempted from this
section? This section does not apply to
open burning; agricultural activities
(except orchard heating devices);
forestry and silvicultural activities;
sweat houses or lodges; non-commercial
smoke houses; public roads owned or
maintained by any Federal, Tribal,
State, or local government; emissions
from fuel combustion in mobile sources;
or activities associated with singlefamily residences or residential
buildings with four or fewer dwelling
units.
(d) What are the opacity limits for air
pollution sources? (1) The visible
emissions from an air pollution source
must not exceed 20% opacity, averaged
over any consecutive 6-minute period,
unless paragraph (d)(2), (3) or (4) of this
section applies to the air pollution
source.
(2) The visible emissions from an air
pollution source may exceed the 20%
opacity limit if the owner or operator of
the air pollution source demonstrates to
the Regional Administrator’s
satisfaction that the presence of
uncombined water, such as steam, is the
only reason for the failure of an air
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pollution source to meet the 20%
opacity limit.
(3) The visible emissions from an oilfired boiler or solid fuel-fired boiler that
continuously measures opacity with a
COMS may exceed the 20% opacity
limit during start-up, soot blowing, and
grate cleaning for a single period of up
to 15 consecutive minutes in any eight
consecutive hours, but must not exceed
60% opacity at any time.
(4) Starting [DATE THREE YEARS
AFTER THE EFFECTIVE DATE OF THE
FINAL RULE], the visible emissions
from an orchard heating device must not
exceed 20% opacity, averaged over any
consecutive 6-minute period:
(i) If orchard heating devices cannot
comply with the 20% opacity limit and
alternatives that are capable of
complying with the 20% opacity limit
are not reasonably available, the owner
or operator of an orchard heating device
may apply to the Regional
Administrator for an extension of the
three-year deadline. The application for
an extension must include an
explanation of why no complying
alternatives are reasonably available.
(ii) If the Regional Administrator finds
that there are no reasonably available
complying alternatives, then a two-year
extension of the deadline may be
granted. There is no limit to the number
of extensions that may be granted by the
Regional Administrator.
(e) What is the reference method for
determining compliance? (1) The
reference method for determining
compliance with the opacity limits is
EPA Method 9. A complete description
of this method is found in appendix A
to 40 CFR part 60.
(2) An alternative reference method
for determining compliance is a COMS
that complies with Performance
Specification 1 found in appendix B to
40 CFR part 60.
heating with a rated heat input capacity
of less than 400,000 Btu per hour; noncommercial smoke houses; sweat houses
or lodges; orchard heating devices;
mobile sources; or activities associated
with single-family residences or
residential buildings with four or fewer
dwelling units.
(d) What are the particulate matter
limits for air pollution sources? (1)
Particulate matter emissions from a
combustion source stack (except for
wood-fired boilers) must not exceed an
average of 0.23 grams per dry standard
cubic meter (0.10 grains per dry
standard cubic foot), corrected to seven
percent oxygen, during any 3-hour
period.
(2) Particulate matter emissions from
a wood-fired boiler stack must not
exceed an average of 0.46 grams per dry
standard cubic meter (0.20 grains per
dry standard cubic foot), corrected to
seven percent oxygen, during any 3hour period.
(3) Particulate matter emissions from
a process source stack, or any other
stack not subject to paragraph (d)(1) or
(2) of this section, must not exceed an
average of 0.23 grams per dry standard
cubic meter (0.10 grains per dry
standard cubic foot), during any 3-hour
period.
(e) What is the reference method for
determining compliance? (1) The
reference method for determining
compliance with the particulate matter
limits is EPA Method 5. A complete
description of this method is found in
appendix A to 40 CFR part 60.
(2) EPA Methods 1 through 4, as
appropriate, must be conducted in
conjunction with Method 5 to calculate
the volumetric flow, oxygen content,
and moisture content of the samples. A
complete description of these additional
test methods is found in appendix A to
40 CFR part 60.
§ 49.125 Rule for limiting the emissions of
particulate matter.
§ 49.126 Rule for limiting fugitive
particulate matter emissions.
(a) What is the purpose of this
section? This section limits the amount
of particulate matter that may be
emitted to the atmosphere from certain
air pollution sources operating within
an Indian reservation to control groundlevel concentrations of PM2.5 and PM10.
(b) Who is affected by this section?
This section applies to any person who
owns or operates an air pollution source
that emits, or could emit, particulate
matter to the atmosphere through a
stack, unless exempted in paragraph (c)
of this section.
(c) What is exempted from this
section? This section does not apply to
woodwaste burners; furnaces and
boilers used exclusively for space
(a) What is the purpose of this
section? This section limits the amount
of fugitive particulate matter that may
be emitted to the atmosphere from
certain air pollution sources operating
within an Indian reservation to control
ground-level concentrations of PM2.5
and PM10.
(b) Who is affected by this section?
This section applies to any person who
owns or operates a source of fugitive
particulate matter emissions.
(c) What is exempted from this
section? This section does not apply to
open burning; agricultural activities;
forestry and silvicultural activities;
sweat houses or lodges; non-commercial
smoke houses; public roads owned or
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maintained by any Federal, Tribal,
State, or local government; or activities
associated with single-family residences
or residential buildings with four or
fewer dwelling units.
(d) What are the requirements for
sources of fugitive particulate matter
emissions? (1) The owner or operator of
any source of fugitive particulate matter
emissions, including any source or
activity engaged in materials handling
or storage, construction, demolition, or
any other operation that is or may be a
source of fugitive particulate matter
emissions, must take all reasonable
precautions to prevent fugitive
particulate matter emissions and must
maintain and operate the source to
minimize fugitive particulate matter
emissions.
(2) Reasonable precautions include,
but are not limited to the following:
(i) Use, where possible, of water or
chemicals for control of dust in the
demolition of buildings or structures,
construction operations, grading of
roads, or clearing of land.
(ii) Application of asphalt, oil (but not
used oil), water, or other suitable
chemicals on unpaved roads, materials
stockpiles, and other surfaces that can
create airborne dust.
(iii) Full or partial enclosure of
materials stockpiles in cases where
application of oil, water, or chemicals is
not sufficient or appropriate to prevent
particulate matter from becoming
airborne.
(iv) Implementation of good
housekeeping practices to avoid or
minimize the accumulation of dusty
materials that have the potential to
become airborne, and the prompt
cleanup of spilled or accumulated
materials.
(v) Installation and use of hoods, fans,
and fabric filters to enclose and vent the
handling of dusty materials.
(vi) Adequate containment during
sandblasting or other similar operations.
(vii) Covering, at all times when in
motion, open bodied trucks transporting
materials likely to become airborne.
(viii) The prompt removal from paved
streets of earth or other material that
does or may become airborne.
(e) Are there additional requirements
that must be met? (1) A person subject
to this section must:
(i) Annually survey the air pollution
source(s) during typical operating
conditions and meteorological
conditions conducive to producing
fugitive particulate matter to determine
the sources of fugitive particulate matter
emissions. For new sources or new
operations, a survey must be conducted
within 30 days after beginning
operation. For portable sources, a survey
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must be conducted within 7 days after
beginning operation at a new location.
Simultaneously document the results of
the survey, including the date and time
of the survey and identification of any
sources of fugitive particulate matter
emissions found.
(ii) If sources of fugitive particulate
matter emissions are present, determine
the reasonable precautions that will be
taken to prevent fugitive particulate
matter emissions.
(iii) Within 30 days after completing
the survey, prepare a written plan that
specifies the reasonable precautions that
will be taken and the procedures to be
followed to prevent fugitive particulate
matter emissions, including appropriate
monitoring and recordkeeping. For
construction or demolition activities, a
written plan must be prepared prior to
commencing construction or
demolition. For portable sources, a
written plan must be prepared prior to
beginning operation at a new location
and the plan must be updated within 7
days after the survey required in
paragraph (e)(1)(i) of this section is
completed, if needed, to reflect the
results of the survey. Plans must be
reviewed and updated at least annually
after each survey and more frequently if
warranted due to changes in operations,
available control methods or other
relevant conditions;
(iv) If the owner or operator is
required to register the facility under
§ 49.138:
(A) For new sources or new
operations, a copy of the initial fugitive
particulate matter survey and initial
plan must be submitted to EPA with the
initial registration, which is due within
90 days after beginning operation.
(B) For all other sources, a copy of the
most recent fugitive particulate matter
survey and current plan must be
submitted to EPA with the annual
registration required by § 49.138.
(v) Maintain a copy of the survey and
plan on site;
(vi) Implement the written plan,
including the installation of control
measures, as expeditiously as
practicable and maintain and operate
the source to minimize fugitive
particulate matter emissions.
(vii) Maintain records for 5 years that
document the surveys and the
reasonable precautions that were taken
to prevent fugitive particulate matter
emissions.
(2) The Regional Administrator may
require the owner or operator to revise
the plan if, at any time, the Regional
Administrator determines that the
precautions and procedures specified in
the plan are not adequate to ensure that
all reasonable precautions are being
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taken to prevent fugitive particulate
matter emissions or are not adequate to
ensure that the source is being
maintained and operated so as to
minimize fugitive particulate matter
emissions.
(3) The Regional Administrator may
require specific actions to prevent
fugitive particulate matter emissions or
impose conditions to maintain and
operate the air pollution source to
minimize fugitive particulate matter
emissions, in a permit to construct or a
permit to operate for the source.
(4) Efforts to comply with this section
cannot be used as a reason for not
complying with other applicable laws
and ordinances.
§ 49.127
Rule for woodwaste burners.
(a) What is the purpose of this
section? This section phases out the
operation of woodwaste burners, and in
the interim limits the visible emissions
from woodwaste burners, within an
Indian reservation to control emissions
of particulate matter to the atmosphere
and ground-level concentrations of
PM2.5 and PM10.
(b) Who is affected by this section?
This section applies to any person who
owns or operates a woodwaste burner.
(c) What are the requirements for
woodwaste burners? (1) Except as
provided by paragraph (c)(3) of this
section, the owner or operator of a
woodwaste burner must shut down and
dismantle the woodwaste burner by no
later than 2 years after the date that this
section is effective for a particular
Indian reservation as specified in
subpart M of this part. The requirement
for dismantling applies to all
woodwaste burners regardless of
whether or not the woodwaste burners
are currently operational. Until the
woodwaste burner is shut down, visible
emissions from the woodwaste burner
must not exceed 20% opacity, averaged
over any consecutive 6-minute period.
(2) Until the woodwaste burner is
shut down, only wood waste generated
on-site may be burned or disposed of in
the woodwaste burner.
(3) If there is no reasonably available
alternative method of disposal for the
wood waste other than by burning it onsite in a woodwaste burner, the owner
or operator of the woodwaste burner
that is in compliance with the opacity
limit in paragraph (c)(1) of this section
may apply to the Regional
Administrator for an extension of the 2year 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
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that may be granted by the Regional
Administrator.
(d) What is the reference method for
determining compliance with the
opacity limit? The reference method for
determining compliance with the
opacity limit is EPA Method 9. A
complete description of this method is
found in appendix A to 40 CFR part 60.
(e) Are there additional requirements
that must be met? A person subject to
this section must submit a plan to shut
down and dismantle the woodwaste
burner to the Regional Administrator
within 180 days after the effective date
of this section. Unless an extension has
been granted by the Regional
Administrator, the woodwaste burner
must be shut down and dismantled
within 2 years after the effective date of
this section for a particular Indian
reservation. The owner or operator of
the woodwaste burner must notify the
Regional Administrator that the
woodwaste burner has been shut down
and dismantled within 30 days after
completion.
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§ 49.128 Rule for limiting particulate
matter emissions from wood products
industry sources.
(a) What is the purpose of this
section? This section limits the amount
of particulate matter that may be
emitted to the atmosphere from certain
wood products industry sources
operating within an Indian reservation
to control ground-level concentrations
of PM2.5 and PM10.
(b) Who is affected by this section?
This section applies to any person who
owns or operates any of the following
wood products industry sources:
(1) Veneer manufacturing operations;
(2) Plywood manufacturing
operations;
(3) Particleboard manufacturing
operations; and
(4) Hardboard manufacturing
operations.
(c) What are the PM10 emission limits
for wood products industry sources?
These PM10 limits are in addition to,
and not in lieu of, the particulate matter
limits for combustion sources and
process sources.:
(1) Veneer dryers at veneer
manufacturing operations and plywood
manufacturing operations.
(i) PM10 emissions from direct natural
gas fired or direct propane fired veneer
dryers must not exceed 0.3 pounds per
1000 square feet of veneer dried (3⁄8 inch
basis), 1-hour average.
(ii) PM10 emissions from steam heated
veneer dryers must not exceed 0.3
pounds per 1000 square feet of veneer
dried (3⁄8 inch basis), 1-hour average.
(iii) PM10 emissions from wood fired
veneer dryers must not exceed a total of
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0.3 pounds per 1000 square feet of
veneer dried (3⁄8 inch basis) and 0.2
pounds per 1000 pounds of steam
generated in boilers, prorated for the
amount of combustion gases routed to
the veneer dryer, 1-hour average.
(2) Wood particle dryers at
particleboard manufacturing operation.
PM10 emissions from wood particle
dryers must not exceed a total of 0.4
pounds per 1000 square feet of board
produced by the plant (3⁄4 inch basis), 1hour average.
(3) Press/cooling vents at hardboard
manufacturing operations. PM10
emissions from hardboard press/cooling
vents must not exceed 0.3 pounds per
1000 square feet of hardboard produced
(1⁄8 inch basis), 1-hour average.
(4) Tempering ovens at hardboard
manufacturing operations. A person
must not operate any hardboard
tempering oven unless all gases and
vapors are collected and treated in a
fume incinerator capable of raising the
temperature of the gases and vapors to
at least 1500 degrees Fahrenheit for 0.3
seconds or longer.
(d) What is the reference method for
determining compliance? (1) The
reference method for determining
compliance with the PM10 limits is EPA
Method 202 in conjunction with
Method 201A. A complete description
of these methods is found in appendix
M to 40 CFR part 51.
(2) EPA Methods 1 through 2H, as
appropriate, must be conducted in
conjunction with Methods 202 and
201A to calculate the volumetric flow of
the samples. A complete description of
these additional test methods is found
in appendix A to 40 CFR part 60.
§ 49.129 Rule for limiting emissions of
sulfur dioxide.
(a) What is the purpose of this
section? This section limits the amount
of sulfur dioxide (SO2) that may be
emitted to the atmosphere from certain
air pollution sources operating within
an Indian reservation to control groundlevel concentrations of SO2.
(b) Who is affected by this section?
This section applies to any person who
owns or operates an air pollution source
that emits, or could emit, SO2 through
a stack to the atmosphere.
(c) What is exempted from this
section? This section does not apply to
furnaces and boilers used exclusively
for space heating with a rated heat input
capacity of less than 400,000 Btu per
hour; orchard heating devices; or mobile
sources.
(d) What are the sulfur dioxide limits
for sources? (1) Sulfur dioxide
emissions from a combustion source
stack must not exceed an average of 500
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parts per million by volume, on a dry
basis and corrected to seven percent
oxygen, during any 3-hour period.
(2) Sulfur dioxide emissions from a
process source stack, or any other stack
not subject to paragraph (d)(1) of this
section, must not exceed an average of
500 parts per million by volume, on a
dry basis, during any 3-hour period.
(e) What are the reference methods for
determining compliance? (1) The
reference methods for determining
compliance with the SO2 limits are EPA
Methods 6, 6A, 6B, and 6C as specified
in the applicability section of each
method. A complete description of these
methods is found in appendix A to 40
CFR part 60.
(2) EPA Methods 1 through 4, as
appropriate, must be conducted in
conjunction with the test methods in
paragraph (e)(1) of this section to
calculate the volume, oxygen content,
and moisture content of the sample. A
complete description of these additional
methods can also be found in appendix
A to 40 CFR part 60.
(3) An alternative reference method is
a CEMS that complies with Performance
Specification 2 found in appendix B to
40 CFR part 60.
§ 49.130
Rule for limiting sulfur in fuels.
(a) What is the purpose of this
section? This section limits the amount
of sulfur contained in fuels that are
burned at stationary sources operating
within an Indian reservation to control
emissions of SO2 to the atmosphere and
ground-level concentrations of SO2.
(b) Who is affected by this section?
This section applies to any person who
sells, distributes, uses, or makes
available for use, any fuel oil, coal, solid
fuel, liquid fuel, or gaseous fuel within
an Indian reservation.
(c) What is exempted from this
section? This section does not apply to
gasoline and diesel fuel, such as
automotive and marine diesel, regulated
under 40 CFR part 80.
(d) What are the sulfur limits for
fuels? A person must not sell, distribute,
use, or make available for use any fuel
oil, coal, solid fuel, liquid fuel, or
gaseous fuel that contains more than the
following amounts of sulfur, as
determined by the appropriate reference
method(s) from paragraph (e) of this
section:
(1) For distillate fuel oil, 0.3 percent
by weight for Grade 1 fuel oil in ASTM
D396;
(2) For distillate fuel oil, 0.5 percent
by weight for Grade 2 fuel oil in ASTM
D396;
(3) For residual fuel oil, 1.75 percent
sulfur by weight for Grades 4, 5, or 6
fuel oil in ASTM D396;
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(4) For used oil, 2.0 percent sulfur by
weight;
(5) For any liquid fuel not listed in
paragraphs (d)(1) through (4) of this
section, 2.0 percent sulfur by weight;
(6) For coal, 1.0 percent sulfur by
weight;
(7) For solid fuels, 2.0 percent sulfur
by weight; and
(8) For gaseous fuels, 400 ppm by
volume at standard conditions.
(e) What are the reference methods for
determining compliance? The reference
methods for determining the amount of
sulfur in a fuel are as follows:
(1) Sulfur content in fuel oil or liquid
fuels: ASTM D2880–, D4294, and
D6021;
(2) Sulfur content in coal: ASTM
D4239;
(3) Sulfur content in solid fuels:
ASTM E775; and
(4) Sulfur content in gaseous fuels:
ASTM D1072, D3246, D4084, D5504,
D4468, D2622 and D6228.
(f) Are there additional requirements
that must be met? (1) A person subject
to this section must:
(i) For fuel oils and liquid fuels,
obtain, record, and keep records of the
percent sulfur by weight from the
vendor for each purchase of fuel. If the
vendor is unable to provide this
information, obtain a representative grab
sample for each purchase and test the
sample using the appropriate reference
method from paragraph (e)(1) of this
section.
(ii) For gaseous fuels, either obtain,
record, and keep records of the sulfur
content from the vendor, or
continuously monitor the sulfur content
of the fuel gas line using a method that
meets the requirements of Performance
Specification 5, 7, 9, or 15 (as applicable
for the sulfur compounds in the gaseous
fuel) of appendix B and appendix F to
40 CFR part 60. If only purchased
natural gas is used, keep records
showing that the gaseous fuel meets the
definition of natural gas in 40 CFR 72.2.
(iii) For coal and solid fuels, either
obtain, record, and keep records of the
percent sulfur by weight from the
vendor for each purchase of coal or
solid fuel, or obtain a representative
grab sample for each day of operation
and test the sample using the
appropriate reference method from
paragraphs (e)(2) and (3) of this section.
If only wood is used, keep records
showing that only wood was used.
(2) Records of fuel purchases and fuel
sulfur content must be kept for a period
of five years from date of purchase and
must be made available to the Regional
Administrator upon request.
(3) The owner or occupant of a singlefamily residence, and the owner or
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manager of a residential building with
four or fewer dwelling units, is not
subject to the requirement to obtain and
record the percent sulfur content from
the vendor if the fuel used in an oil,
coal, or gas furnace is purchased from
a licensed fuel distributor.
(g) Incorporation by reference. The
material listed in this paragraph (g) is
incorporated by reference into this
section with the approval of the Director
of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
All approved material is available for
inspection at the EPA and at the
National Archives and Records
Administration (NARA). Contact EPA
at: EPA Region 10, Air and Radiation
Division, 1200 Sixth Avenue, Seattle,
Washington 98101; phone: 206–553–
1200; website: www.epa.gov/aboutepa/
epa-region-10-pacific-northwest. For
information on the availability of this
material at NARA, email: fr.inspection@
nara.gov; website: www.archives.gov/
federal-register/cfr/ibr-locations.html.
The material may be obtained from
ASTM International, 100 Barr Harbor
Drive, West Conshohocken, PA 19428–
2959; telephone: (610) 832–9500; email:
service@astm.org; website: https://
www.astm.org.
(1) ASTM D396–21, Standard
Specification for Fuel Oils.
(2) ASTM D1072–06(Reapproved
2017), Standard Test Method for Total
Sulfur in Fuel Gases by Combustion and
Barium Chloride Titration.
(3) ASTM D2622–21, Standard Test
Method for Sulfur in Petroleum
Products by Wavelength Dispersive Xray Fluorescence Spectrometry.
(4) ASTM D2880–20, Standard
Specification for Gas Turbine Fuel Oils.
(5) ASTM D3246–15, Standard Test
Method for Sulfur in Petroleum Gas by
Oxidative Microcoulometry.
(6) ASTM D4084–07(Reapproved
2017), Standard Test Method for
Analysis of Hydrogen Sulfide in
Gaseous Fuels (Lead Acetate Reaction
Rate Method).
(7) ASTM D4239–18e1, Standard Test
Methods for Sulfur in the Analysis
Sample of Coal and Coke Using High
Temperature Tube Furnace Combustion
Methods.
(8) ASTM D4294–21, Standard Test
Method for Sulfur in Petroleum
Products by Energy-Dispersive X-ray
Fluorescence Spectroscopy.
(9) ASTM D4468–85(Reapproved
2015), Standard Test Method for Total
Sulfur in Gaseous Fuels by
Hydrogenolysis and Rateometric
Colorimetry.
(10) ASTM D5504–20, Standard Test
Method for Determination of Sulfur
Compounds in Natural Gas and Gaseous
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61899
Fuels by Gas Chromatography and
Chemiluminescence.
(11) ASTM D6021–22, Standard Test
Method for Measurement of Total
Hydrogen Sulfide in Residual Fuels by
Multiple Headspace Extraction and
Sulfur Specific Detection.
(12) ASTM D6228–19, Standard Test
Method for Determination of Sulfur
Compounds in Natural Gas and Gaseous
Fuels by Gas Chromatography and
Flame Photometric Detection.
(13) ASTM E775–15(Reapproved
2021), Standard Test Methods for Total
Sulfur in the Analysis Sample of RefuseDerived Fuel.
§ 49.131
General rule for open burning.
(a) What is the purpose of this
section? This section identifies the types
of materials that are allowed to be
openly burned within an Indian
reservation and the conditions on such
burning to control emissions of air
pollutants to the atmosphere and
ground-level concentrations of PM2.5
and PM10. It is EPA’s goal to eliminate
open burning disposal practices where
alternative methods are feasible and
practicable, to encourage the
development of alternative disposal
methods, to emphasize resource
recovery, and to encourage utilization of
the highest and best practicable burning
methods to minimize emissions where
other disposal practices are not feasible.
(b) Who is affected by this section?
This section applies to any person who
conducts open burning and to the owner
and lessee, if any, of the property on
which open burning is conducted.
(c) What is exempted from this
section? The following open burns are
exempted from this section:
(1) Outdoor fires set for cultural or
traditional purposes;
(2) Fires set for cultural or traditional
purposes within structures such as
smoke houses, sweat houses, or sweat
lodges;
(3) Outdoor cooking fires;
(4) Fires set as part of a firefighting
strategy (e.g., back burn, fire break, or
safety perimeter burn), if approved by
the appropriate fire safety jurisdiction
and only under an emergency or
incident command situation; and
(5) Except when burning is prohibited
under paragraph (d)(2) or (d)(3) of this
section, fires set for the disposal of
diseased animals or other material by
order of a public health authority.
(d) What are the requirements for
open burning? (1) All open burning is
prohibited except:
(i) Natural vegetation and untreated
wood may be open burned.
(ii) A single-family residence or
residential building with four or fewer
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dwelling units may open burn paper,
paper products, or cardboard generated
on site.
(iii) Paper and manufactured fire
starters may be used to start a fire
authorized under paragraph (d)(1)(i) or
(d)(1)(ii) of this section.
(iv) Open outdoor fires may be
conducted by qualified personnel to
train firefighters in the methods of fire
suppression and firefighting techniques
subject to the requirements of paragraph
(e)(4) of this section.
(v) Tribal governments may conduct
open outdoor fires to dispose of
fireworks and associated packaging
materials subject to the requirements of
paragraph (e)(5) of this section.
(2) All open burning is prohibited
whenever the Regional Administrator
declares a burn ban due to deteriorating
air quality except for burning exempt
under paragraph (c)(1), (2), (3) or (4) of
this section.
(i) A burn ban may be declared for an
Indian reservation (or portion thereof)
whenever the Regional Administrator
determines that air quality levels have
exceeded, or are projected to exceed
within the next 72 hours, 75% of any
24-hour national ambient air quality
standard for particulate matter, and
these levels are projected to continue or
reoccur over at least the subsequent 24
hours.
(ii) A burn ban will remain in effect
until the Regional Administrator
terminates the burn ban.
(iii) The Regional Administrator will
post an announcement of a burn ban on
the EPA Region 10 website and will
consider other means to announce the
burn ban, such as posting the
announcement on Region 10’s social
media and requesting Tribes within the
affected area to post the announcement
on their websites. Delegated Tribes may
use these and other similar means to
make announcements. Announcements
of the termination of a burn ban will be
made in the same manner.
(3) All open burning is also prohibited
whenever the Regional Administrator
issues an air stagnation advisory or
declares an air pollution alert, air
pollution warning, or air pollution
emergency pursuant to § 49.137 Rule for
air pollution episodes except for
burning exempt under paragraph (c)(1),
(2), (3) or (4) of this section. The
prohibition on open burning will
remain in effect until the Regional
Administrator terminates the advisory,
alert, warning or emergency.
(4) Nothing in this section exempts or
excuses any person from complying
with any applicable laws and
ordinances of Tribal governments, local
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fire departments, and other
governmental entities.
(e) Are there additional requirements
that must be met? (1) Except for burning
conducted under paragraphs (e)(4) and
(5) of this section and except for
recreational fires, a person subject to
this section must conduct open burning
as follows:
(i) All materials to be openly burned
must be kept as dry as possible through
the use of a cover or dry storage.
(ii) Before igniting a burn, dirt and
stones must be separated from the
materials to be openly burned to the
greatest extent practicable.
(iii) Natural or artificially induced
draft must be present.
(iv) To the greatest extent practicable,
materials to be openly burned must be
separated from the grass or peat layer.
(v) A fire must not be allowed to
smolder, unless, where applicable, the
burn is permitted under § 49.132,
§ 49.133, or § 49.134, the permit
specifically allows the fire to smolder,
and the burn is actively managed to
complete the burn in the shortest
possible time within the time period
allowed by the burn permit.
(vi) A person 18 years of age or older
must be in attendance at all times
during the burn.
(vii) There must be a means available
for extinguishing the fire, such as water
or chemical fire suppressants.
(viii) The fire must be extinguished if
safe to do so, when requested to do so
by the Regional Administrator based on
a determination that:
(A) The open burning is causing or
contributing to, or has the potential to
cause or contribute to, an exceedance of
a national ambient air quality standard;
or
(B) When relevant, that the open
burning is causing any other adverse
impact on air quality.
(ix) Except for small open burns,
before igniting a burn that could
significantly impair visibility on
roadways, the relevant transportation
safety authorities must be contacted and
provided an opportunity to require
appropriate transportation safety
measures during the burn.
(2) Except for burning exempt under
paragraph (c)(1), (2), (3) or (4) of this
section, open burning shall not be
initiated when:
(i) The Regional Administrator has
declared a burn ban under this section;
or
(ii) An air stagnation advisory has
been issued or an air pollution alert, air
pollution warning, or air pollution
emergency has been declared by the
Regional Administrator under § 49.137.
(3) Except for burning exempt under
paragraph (c)(1), (2), (3) or (4) of this
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section, when a burn ban is declared
under paragraph (d)(2) of this section or
an advisory is issued or declaration
made under paragraph (d)(3) of this
section, the open burn must be
immediately extinguished if safe to do
so, lighting the fire must be
discontinued and additional material
must be withheld from the fire so the
fire burns down, as applicable.
(4) Except when burning is prohibited
under paragraph (d)(2) or (3) of this
section and with prior written
permission from the Regional
Administrator (and after obtaining a
large open burning permit, if applicable
under § 49.132 and if § 49.132 applies
on the Reservation where the burn is
occurring), open outdoor fires used by
qualified personnel to train firefighters
in the methods of fire suppression and
firefighting techniques are allowed,
subject to the following conditions:
(i) Prior to igniting any structure, the
fire protection service must ensure the
structure does not contain asbestos or
asbestos-containing materials and must
comply with subpart M of 40 CFR part
61.
(ii) Before requesting permission from
the Regional Administrator, the fire
protection service must notify any
appropriate Tribal air pollution
authority and fire safety authority and
obtain any permissions or approvals
required by the Tribe, and by any other
governments with applicable laws and
ordinances.
(iii) Prior to igniting any structure and
at least 10 business days before the
requested date of the training fire, the
fire protection service must submit a
request for permission for the training
fire to the Regional Administrator that
includes the following information:
(A) The name and address of the fire
protection service;
(B) The name and contact information
for the fire protection service trainer,
including a phone number where they
can be reached on the day of the
training fire;
(C) The location (including the street
address if available) where the training
will take place;
(D) A description of what will be
burned during the training;
(E) The requested date and time of the
training;
(F) The results of an asbestos survey
and any removal required;
(G) A copy of the Asbestos Demolition
and Renovation Projects Notification
required by subpart M of 40 CFR part
61; and
(H) A statement that the requestor has
read and understands the open burning
requirements in this section.
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(iv) The fire protection service must
ensure that the structure does not
contain any batteries; stored chemicals
such as pesticides, herbicides,
fertilizers, paints, glues, sealers, tars,
solvents, household cleaners, or
photographic reagents; stored linoleum,
plastics, rubber, tires, or insulated wire;
or hazardous wastes.
(v) Written permission from the
Regional Administrator for the training
fire must be available on site the day of
the fire.
(vi) The training fire shall not be
allowed to smolder after the training
session has terminated.
(5) Except when burning is prohibited
under paragraph (d)(2) or (3) of this
section and with prior written
permission from the Regional
Administrator (and after obtaining a
large open burning permit, if applicable
under § 49.132 and if § 49.132 applies
on the Reservation where the burn is
occurring), Tribal governments may
conduct open outdoor fires to dispose of
fireworks and associated packaging
materials, subject to the following
conditions:
(i) Before requesting permission from
the Regional Administrator, the person
who will be managing the fireworks
disposal fire must notify any
appropriate Tribal air pollution
authority and fire safety authority and
obtain any permissions or approvals
required by the Tribe, and by any other
governments with applicable laws and
ordinances.
(ii) Prior to igniting fireworks for
disposal and at least 5 business days
before the requested date of the
fireworks disposal fire, the Tribal
government must submit a request for
permission for the fireworks disposal
fire to the Regional Administrator that
includes the following information:
(A) The name and address of the
Tribal government;
(B) The name and contact information
for the person who will be on site
managing the fireworks disposal fire,
including a phone number where they
can be reached on the day of the
disposal fire;
(C) The location (including the street
address if available) where the fire will
occur;
(D) The requested date and time of the
fire;
(E) The estimated size of the fireworks
disposal burn pile or weight of materials
to be burned;
(F) A description of the means for
containing any explosions and for fire
suppression, including but not limited
to the availability of water or chemical
fire suppressants; and
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(G) A statement that the requestor has
read and understands the open burning
requirements in this section; and
(iii) Written permission from the
Regional Administrator for the fireworks
disposal fire must be available on site
the day of the fire.
(6) Open burning may also be subject
to permitting requirements under
§ 49.132, § 49.142§ 49.143, § 49.133, or
§ 49.134, or an applicable EPA-approved
Tribal open burning rule as specified in
the applicable implementation plan for
the reservation in subpart M of this part.
§ 49.132 Rule for large open burning
permits.
(a) What is the purpose of this
section? This section establishes a
permitting program for large open
burning within an Indian reservation to
control emissions of air pollutants to the
atmosphere and ground-level
concentrations of PM2.5 and PM10.
(b) Who is affected by this section?
This section applies to the owner and
lessee, if any, of the property on which
a large open burn is conducted and to
any person who conducts a large open
burn.
(c) What is exempted from this
section? The following open burning is
exempted from this section:
(1) Outdoor fires set for cultural or
traditional purposes;
(2) Fires set for cultural or traditional
purposes within structures such as
smoke houses, sweat houses, or sweat
lodges;
(3) Outdoor cooking fires;
(4) Fires set for recreational purposes;
(5) Fires set as part of a firefighting
strategy (e.g., back burn, fire break, or
safety perimeter burn), if approved by
the appropriate fire safety jurisdiction
and only under an emergency or
incident command situation;
(6) Fires set for the disposal of
diseased animals or other material by
order of a public health authority;
(7) Agricultural burning; and
(8) Forestry and silvicultural burning.
(d) What are the requirements for
large open burning? (1) A person subject
to this section must have a permit to
conduct a large open burn, have
approval to burn on the day(s) of the
burn, ensure that the person conducting
the burn is familiar with the
requirements of the permit, ensure that
the permit is available on the property
during the open burn, and conduct the
open burn in accordance with the terms
and conditions of the permit.
(2) The date after which a permit is
required under this section is identified
in the implementation plan in subpart
M of this part for the specific Indian
reservation where this section applies.
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(3) A person subject to this section
must comply with § 49.131 or the EPAapproved Tribal open burning rule as
specified in the applicable
implementation plan for the reservation
in subpart M of this part, as applicable.
(4) Nothing in this section exempts or
excuses any person from complying
with any applicable laws and
ordinances of Tribal governments, local
fire departments or other governmental
entities.
(e) Are there additional requirements
that must be met? (1) The owner or
lessee of the property on which the large
open burn will be conducted must
submit an application to the Regional
Administrator for each proposed large
open burn. The application must be
submitted in writing, on forms provided
by the Regional Administrator, and be
received by the Regional Administrator
at least 1 business day before the
proposed date the burn would be
conducted or by such earlier date
specified by the Regional Administrator
in the application form. The forms will
require, at a minimum, the following
information:
(i) Street address of the property on
which the proposed open burning will
be conducted or, if there is no street
address of the property, the legal
description of the property.
(ii) Name, mailing address, email
address and telephone number of the
applicant, who must be the owner or
lessee of the property on which the
proposed open burning will be
conducted.
(iii) Name, mailing address, email
address and telephone number of the
person who will be conducting the
proposed open burning.
(iv) Name, mailing address, email
address and telephone number of the
owner or lessee, if any, of the property
on which the proposed open burning
will be conducted, if different from the
applicant identified in paragraph
(e)(1)(ii) of this section.
(v) A plot plan showing the location
of the proposed open burn in relation to
the property lines and indicating the
distances and directions of the nearest
residential, public, and commercial
properties, as well as roads and other
sensitive areas that could be affected by
the smoke from the burning.
(vi) The type and quantity of materials
proposed to be burned and the area over
which the open burning will be
conducted.
(vii) A description of the burning
method(s) to be used (pile burn, ditch
burn, broadcast burn, windrow burn,
etc.), the amount of material to be
burned with each method, and the
means of ignition.
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(viii) A description of the measures
that will be taken to prevent escaped
burns, including but not limited to the
availability of water.
(ix) The requested date(s) when the
proposed large open burn would be
conducted.
(x) Any other information specifically
requested by the Regional
Administrator.
(2) At least 1 business day prior to the
requested date of a proposed large open
burn, the person conducting the burn
must contact the Regional Administrator
as specified in the large open burning
permit to request approval to burn. If
the proposed open burning is consistent
with this section and § 49.131 or the
applicable EPA-approved Tribal open
burning rule as specified in the
applicable implementation plan for the
reservation in subpart M of this part, the
Regional Administrator may approve
the large open burn for the requested
day(s) after taking into consideration
relevant factors including, but not
limited to:
(i) The size, duration, and location of
the proposed open burn, the current and
projected air quality conditions, the
forecasted meteorological conditions,
and other scheduled burning activities
in the surrounding area;
(ii) Other factors indicating whether
or not the proposed open burn can be
conducted without causing or
contributing to an exceedance of a
national ambient air quality standard;
and
(iii) When relevant, other factors
indicating whether or not the proposed
open burn can be conducted without
causing any other adverse impact on air
quality.
(3) The permit will authorize burning
only for the date(s) and time(s)
approved for the burning to be
conducted and will include any
conditions that the Regional
Administrator determines are necessary
to ensure compliance with this section,
§ 49.131 or the applicable EPAapproved Tribal open burning rule as
specified in the applicable
implementation plan for the reservation
in subpart M of this part, and to protect
the public health and welfare, including
any monitoring, recordkeeping and
post-burn reporting requirements.
(4) If any of the relevant factors in
paragraph (e)(2) of this section change
after approval to conduct the large open
burn, the Regional Administrator may
contact the person conducting the burn
to revoke the approval and require the
permittee to immediately extinguish the
fire if safe to do so, discontinue lighting
the fire and withhold additional
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material such that the fire burns down,
as applicable.
(5) The Regional Administrator, to the
extent practical, will consult with and
coordinate approvals to burn with the
open burning programs of surrounding
jurisdictions.
§ 49.133 Rule for agricultural burning
permits.
(a) What is the purpose of this
section? This section establishes a
permitting program for agricultural
burning within an Indian reservation to
control emissions of air pollutants to the
atmosphere and ground-level
concentrations of PM2.5 and PM10.
(b) Who is affected by this section?
This section applies to the owner and
lessee, if any, of the property on which
agricultural burning is conducted and to
any person who conducts agricultural
burning.
(c) What are the requirements for
agricultural burning? (1) A person
subject to this section must have a
permit to conduct an agricultural burn,
have approval to burn on the day(s) of
the burn, ensure that the person
conducting the burn is familiar with the
requirements of the permit, ensure that
the permit is available on the property
during the burn, and conduct the burn
in accordance with the terms and
conditions of the permit.
(2) The date after which a permit is
required under this section is identified
in the implementation plan in subpart
M of this part for the specific Indian
reservation where this section applies.
(3) A person subject to this section
must comply with § 49.131 or the EPAapproved Tribal open burning rule as
specified in the applicable
implementation plan for the reservation
in subpart M of this part, as applicable.
(4) Nothing in this section exempts or
excuses any person from complying
with any applicable laws and
ordinances of Tribal governments, local
fire departments, or other governmental
entities.
(d) Are there additional requirements
that must be met? (1) The owner or
lessee of the property on which an
agricultural burn will be conducted
must submit an application to the
Regional Administrator for each
proposed agricultural burn. The
application must be submitted in
writing, on forms provided by the
Regional Administrator, and be received
by the Regional Administrator at least 1
business day before the proposed date
the burn would be conducted or by such
earlier date specified by the Regional
Administrator in the application form.
The forms will require, at a minimum,
the following information:
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(i) Street address of the property on
which the proposed agricultural burning
will be conducted or, if there is no street
address of the property, the legal
description of the property.
(ii) Name, mailing address, email
address and telephone number of the
applicant, who must be the owner or
lessee of the property on which the
proposed agricultural burning will be
conducted.
(iii) Name, mailing address, email
address and telephone number of the
person who will be conducting the
proposed agricultural burning.
(iv) Name, mailing address, email
address and telephone number of the
owner or lessee, if any, of the property
on which the proposed agricultural
burning will be conducted, if different
from the applicant identified in
paragraph (d)(1)(ii) of this section.
(v) A plot plan showing the location
of each proposed agricultural burning
area in relation to the property lines and
indicating the distances and directions
of the nearest residential, public, and
commercial properties, as well as roads
and other sensitive areas that could be
affected by the smoke from the burning.
(vi) The type and quantity of
agricultural wastes proposed to be
burned and the area over which burning
will be conducted.
(vii) A description of the burning
method(s) to be used (pile or stack burn,
open field or broadcast burn, windrow
burn, mobile field sanitizer, etc.), the
amount of material to be burned with
each method, and the means of ignition.
(viii) A description of the measures
that will be taken to prevent escaped
burns, including but not limited to the
availability of water and plowed
firebreaks.
(ix) The requested date(s) when the
proposed agricultural burning would be
conducted.
(x) Any other information specifically
requested by the Regional
Administrator.
(2) At least 1 business day prior to the
requested date of the proposed
agricultural burning, the person
conducting the burn must contact the
Regional Administrator as specified in
the agricultural burning permit to
request approval to burn. If the
proposed agricultural burning is
consistent with this section and § 49.131
or the applicable EPA-approved Tribal
open burning rule as specified in the
applicable implementation plan for the
reservation in subpart M of this part, the
Regional Administrator may approve
the agricultural burning for the
requested day(s) after taking into
consideration relevant factors including,
but not limited to:
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(i) The size, duration, and location of
the proposed burn, the current and
projected air quality conditions, the
forecasted meteorological conditions,
and other scheduled burning activities
in the surrounding area;
(ii) Other factors indicating whether
or not the proposed agricultural burning
can be conducted without causing or
contributing to an exceedance of a
national ambient air quality standard;
and
(iii) When relevant, other factors
indicating whether or not the proposed
open burn can be conducted without
causing any other adverse impact on air
quality.
(3) The permit will authorize burning
only for the date(s) and time(s)
approved for the burning to be
conducted and will include any
conditions that the Regional
Administrator determines are necessary
to ensure compliance with this section,
§ 49.131 or the applicable EPAapproved Tribal open burning rule as
specified in the applicable
implementation plan for the reservation
in subpart M of this part, and to protect
the public health and welfare, including
any monitoring, recordkeeping and
post-burn reporting requirements.
(4) If any of the relevant factors in
paragraph (d)(2) of this section change
after approval to conduct the
agricultural burning, the Regional
Administrator may contact the person
conducting the burn to revoke the
approval and require the permittee to
immediately extinguish the fire if safe to
do so, discontinue lighting the fire and
withhold additional material such that
the fire burns down, as applicable.
(5) The Regional Administrator, to the
extent practical, will consult with and
coordinate approvals to burn with the
open burning programs of surrounding
jurisdictions.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.134 Rule for forestry and silvicultural
burning permits.
(a) What is the purpose of this
section? This section establishes a
permitting program for forestry and
silvicultural burning within an Indian
reservation to control emissions of air
pollutants to the atmosphere and
ground-level concentrations of PM2.5
and PM10.
(b) Who is affected by this section?
This section applies to the owner and
lessee, if any, of the property on which
forestry or silvicultural burning is
conducted and to any person who
conducts forestry or silvicultural
burning.
(c) What are the requirements for
forestry and silvicultural burning? (1) A
person subject to this section must have
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a permit to conduct a forestry or
silvicultural burn, have approval to
burn on the day(s) of the burn, ensure
that the person conducting the burn is
familiar with the requirements of the
permit, ensure that the permit is
available on the property during the
burn, and conduct the burn in
accordance with the terms and
conditions of the permit.
(2) The date after which a permit is
required under this section is identified
in the implementation plan in subpart
M of this part for the specific Indian
reservation where this section applies.
(3) A person subject to this section,
must comply with § 49.131 or the EPAapproved Tribal open burning rule as
specified in the applicable
implementation plan for the reservation
in subpart M of this part, as applicable.
(4) Nothing in this section exempts or
excuses any person from complying
with any applicable laws and
ordinances of Tribal governments, local
fire departments, or other governmental
entities.
(d) Are there additional requirements
that must be met? (1) The owner or
lessee of the property on which a
forestry or silvicultural burn will be
conducted must submit an application
to the Regional Administrator for each
proposed forestry or silvicultural burn.
The application must be submitted in
writing, on forms provided by the
Regional Administrator, and be received
by the Regional Administrator at least 1
business day before the proposed date
the burn would be conducted or by such
earlier date specified by the Regional
Administrator in the application form.
The forms will require, at a minimum,
the following information:
(i) The legal description of the
property on which the proposed forestry
or silvicultural burning will be
conducted.
(ii) Name, mailing address, email
address and telephone number of the
applicant, who must be the owner or
lessee of the property on which the
proposed forestry or silvicultural
burning will be conducted.
(iii) Name, mailing address, email
address and telephone number of the
person who will be conducting the
proposed forestry or silvicultural
burning.
(iv) Name, mailing address, email
address and telephone number of the
owner or lessee, if any, of the property
on which the proposed forestry and
silvicultural burning will be conducted,
if different from the applicant.
(v) A plot plan showing the location
of the proposed forestry or silvicultural
burning in relation to the property lines
and indicating the distances and
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61903
directions of the nearest residential,
public, and commercial properties, as
well as roads and other sensitive areas
that could be affected by the smoke from
the burning.
(vi) The type and quantity of forestry
or silvicultural debris or material
proposed to be burned and the area over
which burning will be conducted.
(vii) A description of the burning
method(s) to be used (pile burn,
broadcast burn, windrow burn,
understory burn, etc.), the amount of
material to be burned with each method,
and the means of ignition.
(viii) A description of the measures
that will be taken to prevent escaped
burns, including but not limited to the
availability of water and firebreaks.
(ix) The requested date(s) when the
proposed forestry or silvicultural
burning would be conducted.
(x) Any other information specifically
requested by the Regional
Administrator.
(2) At least 1 business day prior to the
requested date of a proposed forestry or
silvicultural burn, the person
conducting the burn must contact the
Regional Administrator as specified in
the forestry or silvicultural open
burning permit to request approval to
burn. If the proposed forestry or
silvicultural burning is consistent with
this section and § 49.131 or the
applicable EPA-approved Tribal open
burning rule as specified in the
applicable implementation plan for the
reservation in subpart M of this part, the
Regional Administrator may approve
the forestry or silvicultural burning for
the requested day(s) after taking into
consideration relevant factors including,
but not limited to:
(i) The size, duration, and location of
the proposed burn, the current and
projected air quality conditions, the
forecasted meteorological conditions,
and other scheduled burning activities
in the surrounding area;
(ii) Other factors indicating whether
or not the proposed forestry or
silvicultural burning can be conducted
without causing or contributing to an
exceedance of a national ambient air
quality standard; and
(iii) When relevant, other factors
indicating whether or not the proposed
open burn can be conducted without
causing any other adverse impact on air
quality.
(3) The permit will authorize burning
only for the date(s) and time(s)
approved for the burning to be
conducted and will include any
conditions that the Regional
Administrator determines are necessary
to ensure compliance with this section,
§ 49.131 or the applicable EPA-
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approved Tribal open burning rule as
specified in the applicable
implementation plan for the reservation
in subpart M of this part, and to protect
the public health and welfare, including
any monitoring, recordkeeping and
post-burn reporting requirements.
(4) If any of the relevant factors in
paragraph (d)(2) of this section change
after approval to conduct the forestry or
silvicultural burn, the Regional
Administrator may contact the person
conducting the burn to revoke the
approval and require the permittee to
immediately extinguish the fire if safe to
do so, discontinue lighting the fire and
withhold additional material such that
the fire burns down, as applicable.
(5) The Regional Administrator, to the
extent practical, will consult with and
coordinate approvals to burn with the
open burning programs of surrounding
jurisdictions.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.135 Rule for emissions detrimental to
public health or welfare.
(a) What is the purpose of this
section? This section is intended to
prevent the emission of air pollutants
from any air pollution source operating
within an Indian reservation from being
detrimental to public health or welfare.
(b) Who is affected by this section?
This section applies to any person who
owns or operates an air pollution
source.
(c) What are the requirements for air
pollution sources? (1) A person must not
cause or allow the emission of any air
pollutants from an air pollution source,
in sufficient quantities and of such
characteristic and duration, that the
Regional Administrator determines:
(i) Causes or contributes to a violation
of any national ambient air quality
standard; or
(ii) Is presenting an imminent and
substantial endangerment to public
health or welfare, or the environment.
(2) If the Regional Administrator
makes either of the determinations in
paragraph (c)(1) of this section, then the
Regional Administrator may require the
owner or operator of the source to
install air pollution controls and/or take
reasonable precautions to reduce or
prevent the emissions. If the Regional
Administrator determines that the
installation of air pollution controls
and/or reasonable precautions are
necessary, then the Regional
Administrator will require the owner or
operator to obtain a non-Title V
operating permit for the source. The
specific requirements will be
established in the required non-Title V
operating permit.
(3) Nothing in this section affects the
ability of the Regional Administrator to
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issue an order pursuant to section 303
of the Clean Air Act to require an owner
or operator to immediately reduce or
cease the emission of air pollutants.
(4) Nothing in this section shall be
construed to impair any cause of action
or legal remedy of any person, or the
public, for injury or damages arising
from the emission of any air pollutant
in such place, manner, or amount as to
constitute a nuisance under any other
applicable law.
(d) What does someone subject to this
section need to do? A person subject to
this section, must comply with the
terms and conditions of any non-Title V
operating permit or order issued by the
Regional Administrator.
§ 49.136
[Reserved]
§ 49.137
Rule for air pollution episodes.
(a) What is the purpose of this
section? This section establishes
procedures for addressing the excessive
buildup of certain criteria air pollutants.
This section is intended to prevent the
occurrence of an air pollution
emergency within an Indian reservation
due to the effects of these air pollutants
on human health.
(b) Who is affected by this section?
This section applies to any person who
owns or operates an air pollution source
within an Indian reservation.
(c) What are the requirements of this
section? (1) Air pollution action level
triggers. Conditions justifying the
issuance of an air stagnation advisory or
the declaration of an air pollution alert,
air pollution warning, or air pollution
emergency exist whenever the Regional
Administrator determines that the
accumulation of air pollutants in any
place is approaching, or has reached,
levels that could lead to a threat to
human health. The following criteria
will be used for making these
determinations:
(i) Air stagnation advisory. An air
stagnation advisory may be issued by
the Regional Administrator whenever
meteorological conditions over a large
area are conducive to the buildup of air
pollutants.
(ii) Air pollution alert. An air
pollution alert may be declared by the
Regional Administrator when the air
quality levels are in the Air Quality
Index (AQI) Unhealthy category, or are
projected to be in the Unhealthy
category within the next 72 hours, at
any monitoring site and the
meteorological conditions are such that
the levels are expected to continue or
reoccur over the subsequent 24 hours.
(iii) Air pollution warning. An air
pollution warning may be declared by
the Regional Administrator when the air
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quality levels are in the AQI Very
Unhealthy category, or are projected to
be in the Very Unhealthy category
within the next 72 hours, at any
monitoring site and the meteorological
conditions are such that the levels are
expected to continue or reoccur over the
subsequent 24 hours.
(iv) Air pollution emergency. An air
pollution emergency may be declared by
the Regional Administrator when the air
quality levels are in the AQI Hazardous
category, or are projected to be in the
AQI Hazardous category within the next
72 hours, at any monitoring site and the
meteorological conditions are such that
the levels are expected to continue or
reoccur over the subsequent 24 hours.
(v) AQI levels. The air quality levels
for the AQI categories of Unhealthy,
Very Unhealthy and Hazardous are
found in Table 2 of appendix G to 40
CFR part 58.
(vi) Termination. Once an air
stagnation advisory is issued, or an air
pollution alert, air pollution warning, or
air pollution emergency is declared, it
will remain in effect until the Regional
Administrator either terminates the
advisory, alert, warning or emergency or
makes a different declaration.
(2) Announcements by the Regional
Administrator. The Regional
Administrator will post an
announcement of an air stagnation
advisory, air pollution alert, air
pollution warning or air pollution
emergency on the EPA Region 10
website and will consider other means
to announce the event, such as posting
the announcement on Region 10’s social
media and requesting Tribes within the
affected area to post the announcement
on their websites. Delegated Tribes may
use these and other similar means to
make announcements. These
announcements will indicate that air
pollution levels exist or may occur that
could potentially be harmful to human
health and indicate actions that people
can take to reduce exposure. The
announcements will also request
voluntary actions to reduce emissions
from sources of air pollutants as well as
indicate that a ban on open burning is
in effect, as provided in paragraphs
(c)(3) and (4) of this section.
Announcements of the termination of an
air stagnation advisory, air pollution
alert, air pollution warning, air
pollution emergency or burn ban will be
made in the same manner.
(3) Voluntary curtailment of
emissions by sources. Whenever the
Regional Administrator issues an air
stagnation advisory or declares an air
pollution alert, air pollution warning, or
air pollution emergency, sources of air
pollutants will be requested to take
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voluntary actions to reduce emissions.
People should refrain from using their
wood stoves and fireplaces unless they
are their sole source of heat. People
should reduce their use of motor
vehicles to the extent possible.
Industrial sources should curtail
operations or switch to a cleaner fuel if
possible.
(4) Mandatory curtailment of
emissions by order of the Regional
Administrator. (i) Except for fires
exempted under § 49.131(c)(1), (2), (3)
or (4), all open burning is prohibited
whenever:
(A) The Regional Administrator issues
an air stagnation advisory or declares an
air pollution alert, air pollution
warning, or air pollution emergency; or
(B) A burn ban is declared pursuant
to § 49.131 or the applicable EPAapproved Tribal open burning rule as
specified in the applicable
implementation plan for the reservation
in subpart M of this part.
(ii) Except for fires exempted under
§ 49.131(c)(1) through (4), any person
conducting open burning when such an
advisory is issued or declaration is
made must immediately extinguish the
fire if safe to do so, discontinue lighting
the fire and withhold additional
material such that the fire burns down,
as applicable.
(iii) During an air pollution warning
or air pollution emergency, the Regional
Administrator may issue an order to any
air pollution source requiring such
source to curtail or eliminate the
emissions.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.138 Rule for the registration of air
pollution sources and the reporting of
emissions.
(a) What is the purpose of this
section? This section allows the
Regional Administrator to develop and
maintain a current and accurate record
of air pollution sources operating within
an Indian reservation and the emissions
from such sources.
(b) Who is affected by this section?
This section applies to: (1) Any person
who owns or operates a part 71 source;
(2) Any person who owns or operates
an air pollution source required to have
a permit under the Federal Minor New
Source Review Program in Indian
Country (§§ 49.151 through 49.164);
(3) Any person who owns or operates
any air pollution source required to
have a permit under the Rule for nonTitle V operating permits (§ 49.139); and
(4) Any person who owns or operates
any other air pollution source that has
the potential to emit more than 2 tons
per year of any air pollutant listed in
paragraph (e)(3)(xiii) of this section,
except those air pollution sources
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exempted in paragraph (c) of this
section.
(c) What is exempted from this
section? This section does not apply to
the following air pollution sources that
would otherwise be required to register
under paragraph (b)(iv) of this section:
(1) Mobile sources;
(2) Single-family residences and
residential buildings with four or fewer
dwelling units;
(3) Air conditioning units used for
human comfort that do not exhaust air
pollutants into the atmosphere from any
manufacturing or industrial process;
(4) Ventilating units used for human
comfort that do not exhaust air
pollutants into the atmosphere from any
manufacturing or industrial process;
(5) Furnaces and boilers used
exclusively for space heating with a
rated heat input capacity of less than
400,000 Btu per hour;
(6) Emergency generators, designed
solely for the purpose of providing
electrical power during outages,
provided the total maximum
manufacturer’s site-rated horsepower of
all units is below 1,000;
(7) Stationary internal combustion
engines with a manufacturer’s site rated
horsepower of less than 50;
(8) Cooking of food, except for
wholesale businesses that both cook and
sell cooked food;
(9) Consumer use of office equipment
and products;
(10) Janitorial services and consumer
use of janitorial products;
(11) Maintenance and repair
activities, except for air pollution
sources engaged in the business of
maintaining and repairing equipment;
(12) Agricultural activities and
forestry and silvicultural activities,
including agricultural burning and
forestry and silvicultural burning; and
(13) Open burning.
(d) What are the requirements of this
section? Any person who owns or
operates an air pollution source subject
to this section must register the source
with the Regional Administrator and
submit reports. The content and timing
of submission of reports for a person
who owns or operates a part 71 source
is specified in paragraph (f) of this
section. The content and timing of
submission of reports for all other
sources is specified in paragraph (e) of
this section. All registration information
and reports must be submitted via the
FARR Online Reporting System (FORS),
unless prior written approval to submit
such information and reports in hard
copy, paper or other format has been
received from EPA Region 10.
(e) Are there additional requirements
that must be met? Any person who
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owns or operates an air pollution source
subject to this section, except for part 71
sources, must register an air pollution
source and submit reports as follows:
(1) Initial registration. (i) The owner
or operator of an air pollution source
located on an Indian reservation within
Idaho, Oregon, or Washington on or
before June 7, 2005 (except for the
Cowlitz Indian Reservation, Snoqualmie
Indian Reservations, lands held in trust
for the Samish Indian Nation and any
land held in trust for a Tribe that existed
on June 7, 2005 and has not been
formally designated as a reservation)
must register the air pollution source
with the Regional Administrator by no
later than February 15, 2007.
(ii) The owner or operator of a new air
pollution source that begins actual
construction after June 7, 2005 on an
Indian reservation within Idaho,
Oregon, or Washington (except for the
Cowlitz Indian Nation, Snoqualmie
Indian Reservations, lands held in trust
for the Samish Indian Nation and any
land held in trust for a Tribe that existed
on June 7, 2005 and has not been
formally designated as a reservation)
must register the air pollution source
with the Regional Administrator within
90 days after beginning operation.
(iii) The owner or operator of an air
pollution source located on the Cowlitz
Indian Reservation, the Snoqualmie
Indian Reservation, lands held in trust
for the Samish Indian Nation or any
land held in trust for a Tribe that has
not been formally designated as a
reservation and that exists on
[EFFECTIVE DATE OF FINAL RULE]
must register the air pollution source
with the Regional Administrator by no
later than [6 MONTHS AFTER
EFFECTIVE DATE OF FINAL RULE].
(iv) The owner or operator of a new
air pollution source which begins actual
construction after [EFFECTIVE DATE
OF FINAL RULE] on the Cowlitz Indian
Reservation, the Snoqualmie Indian
Reservation, the lands held in trust for
the Samish Indian Nation or any land
held in trust for a Tribe that has not
been formally designated as a
reservation must register the air
pollution source with the Regional
Administrator within 90 days after
beginning operation.
(v) The owner or operator of an air
pollution source located on land that is
taken into trust and becomes part of the
Indian reservation for an Indian Tribe
after [EFFECTIVE DATE OF FINAL
RULE] must register the air pollution
source with the Regional Administrator
by no later than 6 months after the date
that the land is taken into trust.
(vi) The owner or operator of a new
air pollution source which begins actual
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construction on land that is taken into
trust and becomes part of the Indian
reservation for an Indian Tribe after
[EFFECTIVE DATE OF FINAL RULE]
must register the air pollution source
with the Regional Administrator within
90 days after beginning operation.
(vii) Submitting an initial registration
does not relieve the owner or operator
from the requirement to obtain a permit
to construct if the new air pollution
source would be a new source or
modification subject to any Federal or
Tribal permit to construct rule.
(2) Annual registration. After initial
registration, the owner or operator of an
air pollution source must re-register
with the Regional Administrator by
February 15 of each year. The annual
registration must include all of the
information required in the initial
registration and must be updated to
reflect any changes since the previous
registration. For information that has
not changed since the previous
registration, the owner or operator may
reaffirm via the FORS that the
information previously furnished to the
Regional Administrator is still correct.
(3) Information to include in initial
registration and annual registration.
Each initial registration and annual
registration must include the following
information if it applies:
(i) Name of the air pollution source
and the nature of the business.
(ii) Street address, email address and
telephone number of the air pollution
source.
(iii) Name, mailing address, email
address and telephone number of the
owner.
(iv) Name, mailing address, email
address and telephone number of the
operator, if different from the owner.
(v) Name, mailing address, email
address and telephone number of the
local individual responsible for
compliance with this section.
(vi) Name, mailing address, email
address and telephone number of the
individual authorized to receive
requests for data and information.
(vii) A description of the production
processes, air pollution control
equipment, and a related flow chart.
(viii) Identification of emission units
and air pollutant-generating activities.
(ix) A plot plan showing the location
of all emission units and air pollutantgenerating activities. The plot plan must
also show the property lines of the air
pollution source, the height above grade
of each emission release point, and the
distance and direction to the nearest
residential or commercial property.
(x) Type and quantity of fuels,
including the sulfur content of fuels,
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used on a daily, annual, and maximum
hourly basis.
(xi) Type and quantity of raw
materials used or final product
produced on a daily, annual, and
maximum hourly basis.
(xii) Typical operating schedule,
including number of hours per day,
number of days per week, and number
of weeks per year.
(xiii) Estimates (including all
calculations for the estimates) of total
actual emissions from the air pollution
source for the following air pollutants:
Particulate matter (PM), PM10, PM2.5,
sulfur oxides (SOX), nitrogen oxides
(NOX), carbon monoxide (CO), volatile
organic compounds (VOC), lead (Pb)
and lead compounds, ammonia (NH3),
fluorides (gaseous and particulate),
sulfuric acid mist (H2SO4), hydrogen
sulfide (H2S), total reduced sulfur (TRS),
and reduced sulfur compounds.
(xiv) Estimated efficiency of air
pollution control equipment under
present or anticipated operating
conditions.
(xv) Global Positioning System (GPS)
coordinates taken at the front entrance
of the registered facility.
(xvi) The North American Industry
Classification System (NAICS) code for
the registered facility.
(xvii) A copy of the most recent
fugitive particulate matter survey and
current fugitive particulate matter plan
as required under § 49.126.
(xviii) Any other information
specifically requested by the Regional
Administrator.
(4) Procedure for estimating
emissions. The initial registration and
annual registration must include an
estimate of actual emissions taking into
account equipment, operating
conditions, and air pollution control
measures. For an existing air pollution
source that operated during the calendar
year preceding the initial registration or
annual registration submittal, the actual
emissions are the actual rate of
emissions for the preceding calendar
year and must be calculated using the
actual operating hours, production rates,
in-place control equipment, and types of
materials processed, stored, or
combusted during the preceding
calendar year. For a new air pollution
source that is submitting its initial
registration, the actual emissions are the
estimated actual rate of emissions for
the current calendar year. The emission
estimates must be based upon actual test
data or, in the absence of such data,
upon procedures acceptable to the
Regional Administrator. Any emission
estimates submitted to the Regional
Administrator must be verifiable using
currently accepted engineering criteria.
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The following procedures are generally
acceptable for estimating emissions
from air pollution sources:
(i) Source-specific emission tests;
(ii) Mass balance calculations;
(iii) Published, verifiable emission
factors that are applicable to the source;
(iv) Other engineering calculations; or
(v) Other procedures to estimate
emissions specifically approved by the
Regional Administrator.
(5) Report of relocation. After initial
registration, the owner or operator of an
air pollution source must report any
relocation of the source via the FORS at
least 30 days prior to the relocation of
the source within an Indian reservation,
or when relocating off of or on to an
Indian reservation. The report must
update the information required in
paragraphs (e)(3)(i) through (v) of this
section and, except when relocating to
a site off of an Indian reservation,
paragraph (e)(3)(viii) of this section and
any other information required by
paragraph (e)(3) of this section if it will
change as a result of the relocation.
Submitting a report of relocation does
not relieve the owner or operator from
the requirement to obtain a permit to
construct if the relocation of the air
pollution source would be a new source
or modification subject to any Federal or
Tribal permit to construct rule.
(6) Report of change of ownership.
After initial registration, the owner or
operator of an air pollution source must
report any change of ownership via the
FORS within 90 days after the change in
ownership is effective. The report must
update the information required in
paragraphs (e)(3)(i) through (v) of this
section, and any other information
required by paragraph (e)(3) of this
section if it would change as a result of
the change of ownership.
(7) Report of closure. Except for
regular seasonal closures, after initial
registration, the owner or operator of an
air pollution source must submit a
report of closure via the FORS within 90
days after the cessation of all operations
at the air pollution source. The report
must include the information required
in paragraph (e)(3)(xiii) of this section
through the date of closure.
(8) Certification of truth, accuracy,
and completeness. All registrations and
reports must include a certification
signed by the owner or operator as to
the truth, accuracy, and completeness of
the information. This certification must
state that, based on information and
belief formed after reasonable inquiry,
the statements and information are true,
accurate, and complete.
(f) Requirements for part 71 sources.
(1) The owner or operator of a part 71
source must submit an annual
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registration report that includes the
information required by paragraphs
(e)(3)(xiii), (xvii) and (e)(4) of this
section. This annual registration report
must be submitted by February 15 of
each year. The first annual registration
report for a part 71 source shall be
submitted for calendar year 2006, or for
the calendar year that the source became
subject to part 71, whichever is later.
(2) The owner or operator of a part 71
source must also submit reports of a
change in ownership and closure as
provided in paragraphs (e)(6) and (7) of
this section.
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§ 49.139 Rule for non-Title V operating
permits.
(a) What is the purpose of this
section? This section establishes a
permitting program to provide for the
establishment of Federally-enforceable
requirements for air pollution sources
within an Indian reservation.
(b) Who is affected by this section? (1)
This section applies to:
(i) The owner or operator of any air
pollution source who wishes to obtain
a Federally-enforceable limitation on
the source’s actual emissions or
potential to emit that cannot be obtained
under the Indian Country Minor NSR
Rule (§§ 49.151 through 49.173) or the
Federal rule for Prevention of
Significant Deterioration (40 CFR 52.21);
(ii) Any air pollution source for which
the Regional Administrator determines
that additional Federally-enforceable
requirements are necessary to ensure
compliance with the implementation
plan;
(iii) Any air pollution source for
which the Regional Administrator
determines that additional Federallyenforceable requirements are necessary
to ensure the attainment and
maintenance of any national ambient air
quality standard or prevention of
significant deterioration increment; or
(iv) Any air pollution source for
which the Regional Administrator
determines that additional Federallyenforceable requirements are necessary
to implement or ensure compliance
with any other provisions of the Clean
Air Act.
(2) This section does not apply to the
owner or operator of an air pollution
source who wishes to obtain a
Federally-enforceable limitation on the
source’s potential to emit in order to
establish a synthetic minor source for
purposes of the applicable prevention of
significant deterioration, nonattainment
major new source review or Clean Air
Act title V permit programs and/or a
synthetic minor source of hazardous air
pollutants for purposes of 40 CFR part
63, section 112 of the Clean Air Act or
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the applicable Clean Air Act title V
program. Applications for a synthetic
minor source permit must be submitted
pursuant to § 49.158.
(c) What is the process for obtaining
an owner-requested operating permit?(1)
The owner or operator of an air
pollution source who wishes to obtain
a Federally-enforceable limitation on
the source’s actual emissions or
potential to emit under this section
must submit an application in writing to
the Regional Administrator requesting
such limitation and include the
following information:
(i) Name of the air pollution source
and the nature of the business.
(ii) Street address, email address and
telephone number of the air pollution
source.
(iii) Name, mailing address, email
address and telephone number of the
owner or operator.
(iv) Name, mailing address, email
address and telephone number of the
local individual responsible for
compliance with this section.
(v) Name, mailing address, email
address and telephone number of the
individual authorized to receive
requests for data and information.
(vi) For each air pollutant and for all
emission units and air pollutantgenerating 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.
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(H) Estimates of the allowable
emissions and/or potential to emit that
would result from compliance with the
proposed limitation, including all
calculations for the estimates.
(vii) Any other information
specifically requested by the Regional
Administrator.
(2) Estimates of actual emissions must
be based upon actual test data, or in the
absence of such data, upon procedures
acceptable to the Regional
Administrator. Any emission estimates
submitted to the Regional Administrator
must be verifiable using currently
accepted engineering criteria. The
following procedures are generally
acceptable for estimating emissions
from air pollution sources:
(i) Source-specific emission tests;
(ii) Mass balance calculations;
(iii) Published, verifiable emission
factors that are applicable to the source;
(iv) Other engineering calculations; or
(v) Other procedures to estimate
emissions specifically approved by the
Regional Administrator.
(3) All applications for a non-Title V
operating permit must include a
certification by the owner or operator as
to the truth, accuracy, and completeness
of the information. This certification
must state that, based on information
and belief formed after reasonable
inquiry, the statements and information
are true, accurate, and complete.
(4) Within 60 days after receipt of an
application, the Regional Administrator
will determine if it contains the
information specified in paragraph (c)(1)
of this section and if so, will deem it
complete for the purpose of preparing a
draft non-Title V operating permit. If the
Regional Administrator determines that
the application is incomplete, it will be
returned to the owner or operator along
with a description of the necessary
information that must be submitted for
the application to be deemed complete.
(5) The Regional Administrator will
prepare a draft non-Title V operating
permit and a draft technical support
document that describes the proposed
limitation and its effect on the actual
emissions and/or potential to emit of the
air pollution source or draft decision to
deny the permit.
(6) The Regional Administrator will
provide a copy of the draft non-Title V
operating permit and draft technical
support document or the draft decision
to deny the permit to the owner or
operator of the air pollution source
when the draft permit or the draft
decision to deny the permit is sent out
for public comment.
(d) What is the process that the
Regional Administrator will follow to
require a non-Title V operating permit?
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(1) Whenever the Regional
Administrator determines that
additional Federally-enforceable
requirements are necessary to ensure
compliance with the implementation
plan, to ensure the attainment and
maintenance of any national ambient air
quality standard or prevention of
significant deterioration increment, or to
implement or ensure compliance with
any other provisions of the Clean Air
Act, the owner or operator of the air
pollution source will be so notified in
writing.
(2) The Regional Administrator may
require that the owner or operator
provide any information that the
Regional Administrator determines is
necessary to establish such
requirements in a non-Title V operating
permit under this section.
(3) The Regional Administrator will
prepare a draft non-Title V operating
permit and a draft technical support
document that describes the reasons and
need for the proposed requirements.
(4) The Regional Administrator will
provide a copy of the draft non-Title V
operating permit and draft technical
support document to the owner or
operator of the air pollution source
when the draft permit is sent out for
public comment.
(e) What permit information will be
publicly available? With the exception
of any confidential information as
defined in subpart B of 40 CFR part 2,
the Regional Administrator must make
available for public inspection the
documents listed in paragraphs (c)(1)
through (6) or (d)(1) through (4) of this
section. The Regional Administrator
must make such information available
for public inspection at the EPA Region
10 Office and in at least one location in
the area affected by the source, such as
the Tribal environmental office or a
local library.
(f) How will the public be notified and
participate? (1) Before issuing a permit
under this section, the Regional
Administrator must prepare a draft
permit and provide adequate public
notice to ensure that the affected
community and the general public have
reasonable access to the application and
draft permit information, as set out in
paragraphs (f)(1)(i) and (ii) of this
section. The public notice must provide
an opportunity for public comment and
notice of a public hearing, if any, on the
draft permit.
(i) The Regional Administrator must
mail a copy of the notice to the owner
or operator of the source, the
appropriate Indian governing body and
the Tribal, State and local air pollution
authorities having jurisdiction adjacent
to the area of the Indian reservation
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potentially affected by the air pollution
source.
(ii) Depending on such factors as the
nature and size of the source, local air
quality considerations and the
characteristics of the population in the
affected area (e.g., subsistence hunting
and fishing or other seasonal cultural
practices), the Regional Administrator
must use appropriate means of
notification, such as those listed in
paragraphs (f)(1)(ii)(A) through (E) of
this section.
(A) The Regional Administrator may
mail or email a copy of the notice to
persons on a mailing list developed by
the Regional Administrator consisting of
those persons who have requested to be
placed on such a mailing list.
(B) The Regional Administrator may
post the notice on the Region 10
website.
(C) The Regional Administrator may
publish the notice in a newspaper of
general circulation in the area affected
by the source. Where possible, the
notice may also be published in a Tribal
newspaper or newsletter.
(D) The Regional Administrator may
provide copies of the notice for posting
at one or more locations in the area
affected by the source, such as post
offices, trading posts, libraries, Tribal
environmental offices, community
centers or other gathering places in the
community.
(E) The Regional Administrator may
employ other means of notification as
appropriate.
(2) The notice required pursuant to
paragraph (f)(1) of this section must
include the following information at a
minimum:
(i) Identifying information, including
owner or operator’s name and address
(and plant name and address if
different) and the name and telephone
number of the plant manager/contact.
(ii) The name and address of EPA
Region 10 and any delegated agency
processing the permit action.
(iii) The purpose for which the permit
is being issued, the regulated pollutants
covered by the permit, and a description
of any proposed limitations on the
source.
(iv) Instructions for requesting a
public hearing.
(v) The name, address, email address
and telephone number of a contact
person in EPA Region 10 from whom
additional information may be obtained.
(vi) Locations and times of availability
of the information (listed in paragraph
(e) of this section) for public inspection.
(vii) A statement that any person may
submit written comments, a written
request for a public hearing or both, on
the draft permit action. The Regional
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Administrator must provide a period of
at least 30 days from the date of the
public notice for comments and for
requests for a public hearing.
(g) How will the public comment and
will there be a public hearing? (1) Any
person may submit written comments
on the draft permit and may request a
public hearing. These comments must
raise any reasonably ascertainable issue
with supporting arguments by the close
of the public comment period
(including any public hearing). The
Regional Administrator must consider
all comments in making the final
decision. The Regional Administrator
must keep a record of the commenters
and of the issues raised during the
public participation process and such
records must be available to the public.
(2) The Regional Administrator must
extend the public comment period
under paragraph (f) of this section to the
close of any public hearing under this
section. The hearing officer may also
extend the comment period by so stating
at the hearing.
(3) A request for a public hearing
must be in writing and must state the
nature of the issues proposed to be
raised at the hearing.
(4) The Regional Administrator must
hold a hearing whenever there is, on the
basis of requests, a significant degree of
public interest in a draft permit. The
Regional Administrator may also hold a
public hearing at its discretion,
whenever, for instance, such a hearing
might clarify one or more issues
involved in the permit decision. The
Regional Administrator must provide
notice of any public hearing at least 30
days prior to the date of the hearing.
Public notice of the hearing may be
concurrent with that of the draft permit
and the two notices may be combined.
Reasonable limits may be set upon the
time allowed for oral statements at the
hearing.
(5) The Regional Administrator must
make a recording or written transcript of
any hearing available to the public.
(h) Can a permit be reopened? The
Regional Administrator may reopen an
existing, currently-in-effect permit for
cause on its own initiative, such as if it
contains a material mistake or fails to
assure compliance with applicable
requirements. However, except for those
permit reopenings that do not increase
the emissions limitations in the permit,
such as permit reopenings that correct
typographical, calculation and other
errors, all other permit reopenings shall
be carried out after the opportunity of
public notice and comment and in
accordance with one or more of the
public participation requirements under
paragraph (f) of this section.
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(i) What is an administrative permit
revision? The following provisions
govern administrative permit revisions.
(1) An administrative permit revision
is a permit revision that makes any of
the following changes:
(i) Corrects typographical errors.
(ii) Identifies a change in the name,
address or phone number of any person
identified in the permit or provides a
similar minor administrative change at
the source.
(iii) Requires more frequent
monitoring or reporting by the
permittee.
(iv) Allows for a change in ownership
or operational control of a source where
the Regional Administrator determines
that no other change in the permit is
necessary, provided that a written
agreement containing a specific date for
transfer of permit responsibility,
coverage, and liability between the
current and new permittee has been
submitted to the Regional
Administrator.
(v) Incorporates any other type of
change that the Regional Administrator
has determined to be similar to those in
paragraphs (i)(1)(i) through (iv) of this
section.
(2) An administrative permit revision
is not subject to the permit application,
issuance, public participation or
administrative and judicial review
requirements of this section.
(j) Can my existing owner-requested
permit limits be revised? Permits with
owner-requested limits on the source’s
potential to emit previously issued
under the authority of this section may
be revised through an administrative
permit revision as provided in
paragraph (i) provided the revision
qualifies as an administrative permit
revision under that paragraph. If you
propose a modification, as defined in
§ 49.152, to your existing source, you
must obtain a permit pursuant to
§ 49.158 prior to beginning actual
construction. For all permit revisions
that do not arise from a proposed
modification and do not qualify as
administrative permit revisions, the
permit may be revised consistent with,
and subject to, the public participation
procedures of this section. Such
procedures shall only affect those parts
of the permit for which revisions are
proposed. An application for a permit
revision need only include information
on the affected permit terms and
emission units to which those terms
apply.
(k) How will final action occur and
when will the permit become effective?
(1) After decision on a permit, the
Regional Administrator must notify the
permit applicant of the decision, in
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writing, and if the permit is denied, of
the reasons for such denial and the
procedures for appeal. The final nonTitle V operating permit and final
technical support document (including
responses to comments) will be sent to
the owner or operator of the air
pollution source. In addition, the
Regional Administrator must provide
adequate public notice of the final
permit decision to ensure that the
affected community, general public and
any individuals who commented on the
draft permit have reasonable access to
the decision and supporting materials
according to paragraph (e) of this
section and according to one or more of
the provisions in paragraphs (f)(1)(ii)(A)
through (E) of this section.
(2) A final permit becomes effective
30 days after service of notice of the
final permit decision unless a different
effective date is specified in the permit.
(l) For how long will the Regional
Administrator retain permit-related
records? The records, including any
required applications for each draft and
final permit or application for permit
revision, must be kept by the Regional
Administrator for not less than 5 years.
(m) What is the administrative record
for each final permit? (1) The Regional
Administrator must base final permit
decisions on an administrative record
consisting of:
(i) The application and any
supporting data furnished by the permit
applicant;
(ii) The draft permit and technical
support document or notice of intent to
deny the application;
(iii) Other documents in the
supporting files for the draft permit that
were relied upon in the decision
making;
(iv) All comments received during the
public comment period, including any
extension or reopening;
(v) The recording or transcript of any
hearing(s) held;
(vi) Any written material submitted at
such a hearing;
(vii) Any new materials placed in the
record as a result of the Regional
Administrator’s evaluation of public
comments;
(viii) The final permit and final
technical support document (including
responses to comments); and
(ix) Other documents in the
supporting files for the final permit that
were relied upon in the decisionmaking.
(2) The additional documents
required under paragraph (m)(l) of this
section should be added to the record as
soon as possible after their receipt or
preparation by the Regional
Administrator. The record must be
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complete on the date the final permit is
issued.
(3) Material readily available or
published materials that are generally
available and that are included in the
administrative record under the
standards of paragraph (m)(1) of this
section need not be physically included
in the same file as the rest of the record
as long as it is specifically referred to in
that file.
(n) Final agency action. The final nonTitle V operating permit or denial of
such permit is a final agency action for
purposes of administrative appeal and
judicial review.
3. Remove the undesignated center
heading immediately following § 49.139
‘‘Federal Implementation Plan for Oil
and Natural Gas Production Facilities,
Fort Berthold Indian Reservation
(Mandan, Hidatsa and Arikara Nations)
in EPA Region 8’’.
■ 4. Add §§ 49.140 through 49.143 to
read as follows:
Sec.
*
*
*
*
*
49.140 Rule for residential wood burning
devices.
49.141 Rule for curtailment of residential
wood burning devices for specific areas.
49.142 Rule for small open burning annual
permits.
49.143 Permit by rule for small open burns.
*
*
*
*
*
§ 49.140 Rule for residential wood burning
devices.
(a) What is the purpose of this
section? This section regulates the
installation of residential wood burning
devices and specifies what fuels may be
burned in residential wood burning
devices within an Indian reservation to
control emissions of air pollutants to the
atmosphere and ground-level
concentrations of PM2.5 and PM10.
(b) Who is affected by this section?
This section applies to any person who
owns or operates a residential wood
burning device.
(c) What are the requirements of this
section? (1) After the effective date of
the final rule, no new or used
residential wood heater, residential
central heater, residential forced-air
furnace, or residential hydronic heater
may be installed to provide heat to a
structure unless it has been certified by
EPA to meet the applicable PM emission
standards in 40 CFR 60.532 or 40 CFR
60.5474 as in effect on or after May 15,
2015, and has affixed to it a permanent
label pursuant to 40 CFR 60.536 or 40
CFR 60.5478.
(2) Only the following materials may
be burned in a residential wood burning
device:
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(i) Seasoned firewood, which is
firewood that has a moisture content of
20% or less;
(ii) Kiln dried or air dried lumber that
has not been treated, chemically
impregnated, painted or coated;
(iii) Products manufactured for the
purpose of being used as a fuel for a
residential wood burning device, such
as wood pellets and biomass fire logs
intended for burning in a wood stove or
fireplace; and
(iv) Manufactured fire starters and
paper sufficient to start a fire.
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§ 49.141 Rule for curtailment of residential
wood burning devices for specific areas.
(a) What is the purpose of this
section? This section provides for Stage
1 and Stage 2 bans on the use of
residential wood burning devices during
periods of elevated PM2.5 and PM10
concentrations within specific
geographical areas to control emissions
of air pollutants to the atmosphere and
ground-level concentrations of PM2.5
and PM10.
(b) Who is affected by this section?
This section applies to any person who
owns or operates a residential wood
burning device in specific geographical
areas.
(c) When and where does this section
apply? This section applies beginning
October 1, of the second calendar year
following the promulgation of this
section into the implementation plan for
an Indian reservation in subpart M of
this part.
(d) What are the requirements of this
section? (1) Except for residences that
qualify for an exemption under
paragraph (d)(3) of this section, the use
of residential wood burning devices that
have not been certified by EPA under
subpart AAA or QQQQ to 40 CFR part
60 are prohibited whenever the Regional
Administrator declares a Stage 1 ban. A
Stage 1 ban may be declared for a
specified geographic area whenever the
Regional Administrator determines that
air quality levels have exceeded, or are
projected to exceed within the next 72
hours, 75% of any 24-hour national
ambient air quality standard for
particulate matter, that these levels are
projected to continue or reoccur over at
least the subsequent 24 hours, and that
reductions in emissions from
uncertified residential wood burning
devices would reduce particulate matter
concentrations.
(2) Except for residences that qualify
for an exemption under paragraph (d)(3)
of this section, the use of all residential
wood burning devices (whether certified
or uncertified) are prohibited whenever
the Regional Administrator declares a
Stage 2 ban. A Stage 2 ban may be
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declared for a specified geographic area
whenever the Regional Administrator
determines that air quality levels have
exceeded, or are projected to exceed
within the next 72 hours, any 24-hour
national ambient air quality standard for
particulate matter, that these levels are
projected to continue or reoccur over at
least the subsequent 24 hours, and that
reductions in emissions from residential
wood burning devices would reduce
particulate matter concentrations.
(3) The requirements of paragraphs
(d)(1) and (2) of this section do not
apply to:
(i) Residences where residential wood
burning devices are the sole source of
heat. Sole source of heat means that the
residential wood burning device is the
only available source of heat for the
residence, excluding portable space
heaters; or
(ii) Residences where the household
income is less than or equal to 1.5 times
the Federal poverty guidelines as
defined by the U.S. Department of
Health and Human Services.
(4) Any person whose residence
qualifies for, and is relying on, an
exemption under paragraph (d)(3) of
this section must complete an
exemption form provided by the
Regional Administrator and certify as to
its truth and accuracy. Such form must
be completed, signed and available at
the qualifying residence before using the
wood burning device during a Stage 1
or Stage 2 burn ban and must be made
available for review upon request by the
Regional Administrator or authorized
representative.
(5) A signed form under paragraph
(d)(4) of this section is valid for five
years from the date of signature or until
the residence no longer qualifies for an
exemption under paragraph (d)(3) of
this section, whichever occurs first.
§ 49.142 Rule for small open burning
annual permits.
(a) What is the purpose of this
section? This section establishes a
permitting program for small open
burns within an Indian reservation to
control emissions of air pollutants to the
atmosphere and ground-level
concentrations of PM2.5 and PM10.
(b) Who is affected by this section?
This section applies to the owner and
lessee, if any, of the property on which
a small open burn is conducted and to
any person who conducts a small open
burn.
(c) What is exempted from this
section? The following open burns are
exempted from this section:
(1) Outdoor fires set for cultural or
traditional purposes;
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(2) Fires set for cultural or traditional
purposes within structures such as
smoke houses, sweat houses, or sweat
lodges;
(3) Outdoor cooking fires;
(4) Fires set for recreational purposes;
(5) Fires set as part of a firefighting
strategy (e.g., back burn, fire break, or
safety perimeter burn), if approved by
the appropriate fire safety jurisdiction
and only under an emergency or
incident command situation;
(6) Fires set for the disposal of
diseased animals or other material by
order of a public health authority;
(7) Open outdoor fires used by
qualified personnel to train firefighters
in the methods of fire suppression and
firefighting techniques conducted
pursuant to § 49.131(e)(4);
(8) Open outdoor fires conducted by
Tribal governments to dispose of
fireworks and associated packaging
materials pursuant to § 49.131(e)(5);
(9) Agricultural burning; and
(10) Forestry and silvicultural
burning.
(d) What are the requirements for
small open burns under this section? (1)
The owner or lessee of a property must
apply for and obtain an annual permit
to conduct small open burns on that
property.
(2) The date after which a permit is
required under this section in order to
conduct small open burns is identified
in the implementation plan in subpart
M of this part for the specific Indian
reservation where this section applies.
(3) A person subject to this section
must ensure that the person conducting
the small open burns is familiar with
the requirements of the permit, ensure
that the permit is available on the
property during the small open burns,
conduct the small open burns in
accordance with the terms and
conditions of the permit, and comply
with this section and § 49.131 or the
EPA-approved Tribal open burning rule
as specified in the applicable
implementation plan for the reservation
in subpart M of this part, as applicable.
(4) The person conducting the small
open burn must check, as specified in
the permit, whether burning is allowed
for the area on that day and conduct and
complete the burn during the hours that
burning is allowed on that day.
(5) Nothing in this section exempts or
excuses any person from complying
with any applicable laws and
ordinances of Tribal governments, local
fire departments, or other governmental
entities.
(e) How will a person know if burning
is allowed on a day? (1) The Regional
Administrator shall identify each day as
a ‘‘burn day’’ or a ‘‘no burn day’’ and
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
for a burn day, specify the hours and
geographic area for which burning is
allowed. When deciding whether to call
a burn day, the Regional Administrator
will take into consideration relevant
factors including, but not limited to, the
current and projected air quality
conditions, the forecasted
meteorological conditions, and other
scheduled burning activities in the
surrounding area. Where the Regional
Administrator determines that open
burning can be conducted without
causing or contributing to an
exceedance of a national ambient air
quality standard or, when relevant,
without causing any other adverse
impact on air quality, a burn day may
be called.
(2) The Regional Administrator will
publicize whether a day is a ‘‘burn day’’
or a ‘‘no burn day’’ in a pre-recorded
phone message, on a website, or through
other appropriate means as identified in
the small open burning permit.
(f) Are there additional requirements
that must be met? (1) The owner or
lessee of a property who wishes to
conduct small open burns on that
property must submit an application to
the Regional Administrator for small
open burning that the applicant expects
to conduct during the calendar year. An
application must be submitted in
writing, on forms provided by the
Regional Administrator, and be received
by the Regional Administrator at least 1
business day prior to conducting the
first small open burn on the property
during a calendar year. The forms will
require, at a minimum, the following
information:
(i) Street address of the property on
which the proposed open burning will
be conducted, or if there is no street
address of the property, the legal
description of the property.
(ii) Name, mailing address, email
address, and telephone number of the
owner and lessee, if any, of the property
on which the proposed open burning
will be conducted.
(iii) A description of the measures
that will be taken to prevent escaped
burns, including but not limited to the
availability of water.
(iv) Any other information
specifically requested by the Regional
Administrator.
(2) If the proposed open burning is
consistent with this section and § 49.131
or the applicable EPA-approved Tribal
open burning rule as specified in the
applicable implementation plan for the
reservation in subpart M of this part, the
Regional Administrator may issue a
small open burning permit. The permit
will authorize burning consistent with
this section and will include any
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conditions that the Regional
Administrator determines are necessary
to ensure compliance with this section,
§ 49.131, or the applicable EPAapproved Tribal open burning rule, and
to protect the public health and welfare,
including any monitoring,
recordkeeping and reporting
requirements.
(3) A permit issued under this section
expires at the end of the calendar year
in which it was issued unless it is
revoked prior to that time by the
Regional Administrator. The Regional
Administrator may revoke a permit
issued under this section, after written
notice to the holder of the permit, upon
finding that the permit must be revoked
or revised to ensure compliance with
this section, § 49.131 or the applicable
EPA-approved Tribal open burning rule
as specified in the applicable
implementation plan for the reservation
in subpart M of this part, or to protect
the public health and welfare.
(4) If the owner or lessee of a property
changes, a new permit is required in
order to conduct small open burns on
that property.
§ 49.143
burns.
Permit by rule for small open
(a) What is the purpose of this
section? This section establishes a
permit by rule for small open burns
within an Indian reservation to control
emissions of air pollutants to the
atmosphere and ground-level
concentrations of PM2.5 and PM10.
(b) Who is affected by this section?
This section applies to the owner and
lessee, if any, of the property on which
a small open burn is conducted and to
any person who conducts a small open
burn.
(c) What is exempted from this
section? The following open burns are
exempted from this section:
(1) Outdoor fires set for cultural or
traditional purposes;
(2) Fires set for cultural or traditional
purposes within structures such as
smoke houses, sweat houses, or sweat
lodges;
(3) Outdoor cooking fires;
(4) Fires set for recreational purposes;
(5) Fires set as part of a firefighting
strategy (e.g., back burn, fire break, or
safety perimeter burn), if approved by
the appropriate fire safety jurisdiction
and only under an emergency or
incident command situation;
(6) Fires set for the disposal of
diseased animals or other material by
order of a public health authority;
(7) Open outdoor fires used by
qualified personnel to train firefighters
in the methods of fire suppression and
firefighting techniques conducted
pursuant to § 49.131(e)(4);
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61911
(8) Open outdoor fires conducted by
Tribal governments to dispose of
fireworks and associated packaging
materials pursuant to § 49.131(e)(5);
(9) Agricultural burning; and
(10) Forestry and silvicultural
burning.
(d) What are the requirements for
small open burns under this section? (1)
The owner or lessee of a property must
apply for and obtain approval of
coverage under this section to conduct
small open burns on that property.
(2) The date after which approval of
coverage is required under this section
in order to conduct small open burns is
identified in the implementation plan in
subpart M of this part for the specific
Indian reservation where this section
applies.
(3) A person subject to this section
must ensure that the person conducting
the small open burns is familiar with
the requirements of the approval of
coverage, ensure that the approval of
coverage is available on the property
during the small open burns and
conduct the small open burns in
accordance with this section and
§ 49.131 or the EPA-approved Tribal
open burning rule as specified in the
applicable implementation plan for the
reservation in subpart M of this part, as
applicable.
(4) The person conducting the small
open burn must check, as specified in
the approval of coverage, whether
burning is allowed for the area on that
day and conduct and complete the burn
during the hours that burning is allowed
on that day.
(5) Nothing in this section exempts or
excuses any person from complying
with any applicable laws and
ordinances of Tribal governments, local
fire departments, or other governmental
entities.
(e) How will a person know if burning
is allowed on a day? (1) The Regional
Administrator shall identify each day as
a ‘‘burn day’’ or a ‘‘no burn day’’ and
for a burn day, specify the hours and
geographic area for which burning is
allowed. When deciding whether to call
a burn day, the Regional Administrator
will take into consideration relevant
factors including, but not limited to, the
current and projected air quality
conditions, the forecasted
meteorological conditions, and other
scheduled burning activities in the
surrounding area. Where the Regional
Administrator determines that open
burning can be conducted without
causing or contributing to an
exceedance of a national ambient air
quality standard or, when relevant,
without causing any other adverse
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impact on air quality, a burn day may
be called.
(2) The Regional Administrator will
publicize whether a day is a ‘‘burn day’’
or a ‘‘no burn day’’ in a pre-recorded
phone message, on a website, or through
other appropriate means as identified in
the approval of coverage.
(f) Are there additional requirements
that must be met? (1) The owner or
lessee of a property who wishes to
conduct small open burns on that
property must submit an application to
the Regional Administrator for approval
of coverage under this section. An
application must be submitted in
writing, on forms provided by the
Regional Administrator, and be received
by the Regional Administrator at least 1
business day prior to conducting the
first small open burn on the property.
The forms will require, at a minimum,
the following information:
(i) Street address of the property on
which the proposed open burning will
be conducted, or if there is no street
address of the property, the legal
description of the property.
(ii) Name, mailing address, email
address, and telephone number of the
owner and lessee, if any, of the property
on which the proposed open burning
will be conducted.
(iii) A description of the measures
that will be taken to prevent escaped
burns, including but not limited to the
availability of water.
(iv) Any other information
specifically requested by the Regional
Administrator.
(2) Approval of coverage under this
section is effective the day after receipt
by the Regional Administrator of an
application for coverage unless the
Regional Administrator disapproves the
application for coverage. The Regional
Administrator may disapprove the
application for coverage, in writing, if
the proposed open burning is found to
be inconsistent with this section,
§ 49.131, or the applicable EPAapproved Tribal open burning rule as
specified in the applicable
implementation plan for the reservation
in subpart M of this part.
(3) Approval of coverage under this
section remains valid for the property
for as long as it remains under the
control of the owner and lessee who are
identified on the application for the
approval of coverage, unless the
approval is revoked by the Regional
Administrator. The Regional
Administrator may revoke the approval
of coverage under this section, after
written notice to the applicant, upon
finding that the approval must be
revoked to ensure compliance with this
section, § 49.131, or the applicable EPA-
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approved Tribal open burning rule as
specified in the applicable
implementation plan for the reservation
in subpart M of this part, or to protect
the public health and welfare.
(4) If the owner or lessee of a property
changes, a new application for approval
of coverage is required in order to
conduct small open burns on that
property.
Subpart M—Implementation Plans for
Tribes—Region X
5. Revise §§ 49.9861 through 49.10710
to read as follows:
■
Sec.
Implementation Plan for the Burns Paiute
Tribe, Oregon
49.9861 Identification of plan.
49.9862 Approval status.
49.9863 [Reserved]
49.9864 [Reserved]
49.9865 Classification of regions for episode
plans.
49.9866 Contents of implementation plan.
49.9867 [Reserved]
49.9868 Permits to construct.
49.9869 Permits to operate.
49.9870 Federally-promulgated regulations
and Federal implementation plans.
49.9871–49.9890 [Reserved]
Implementation Plan for the Confederated
Tribes of the Chehalis Reservation,
Washington
49.9891 Identification of plan.
49.9892 Approval status.
49.9893 [Reserved]
49.9894 [Reserved]
49.9895 Classification of regions for episode
plans.
49.9896 Contents of implementation plan.
49.9897 [Reserved]
49.9898 Permits to construct.
49.9899 Permits to operate.
49.9900 Federally-promulgated regulations
and Federal implementation plans.
49.9901–49.9920 [Reserved]
Implementation Plan for the Coeur D’alene
Tribe, Idaho
49.9921 Identification of plan.
49.9922 Approval status.
49.9923 [Reserved]
49.9924 [Reserved]
49.9925 Classification of regions for episode
plans.
49.9926 Contents of implementation plan.
49.9927 [Reserved]
49.9928 Permits to construct.
49.9929 Permits to operate.
49.9930 Federally-promulgated regulations
and Federal implementation plans.
49.9931–49.9950 [Reserved]
Implementation Plan for the Confederated
Tribes of the Colville Reservation,
Washington
49.9951 Identification of plan.
49.9952 Approval status.
49.9953 [Reserved]
49.9954 [Reserved]
49.9955 Classification of regions for episode
plans.
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49.9956 Contents of implementation plan.
49.9957 [Reserved]
49.9958 Permits to construct.
49.9959 Permits to operate.
49.9960 Federally-promulgated regulations
and Federal implementation plans.
49.9961–49.9980 [Reserved]
Implementation Plan for the Confederated
Tribes of the Coos, Lower Umpqua and
Siuslaw Indians, Oregon
49.9981 Identification of plan.
49.9982 Approval status.
49.9983 [Reserved]
49.9984 [Reserved]
49.9985 Classification of regions for episode
plans.
49.9986 Contents of implementation plan.
49.9987 [Reserved]
49.9988 Permits to construct.
49.9989 Permits to operate.
49.9990 Federally-promulgated regulations
and Federal implementation plans.
49.9991–49.10010 [Reserved]
Implementation Plan for the Coquille Indian
Tribe, Oregon
49.10011 Identification of plan.
49.10012 Approval status.
49.10013 [Reserved]
49.10014 [Reserved]
49.10015 Classification of regions for
episode plans.
49.10016 Contents of implementation plan.
49.10017 [Reserved]
49.10018 Permits to construct.
49.10019 Permits to operate.
49.10020 Federally-promulgated
regulations and Federal implementation
plans.
49.10021–49.10040 [Reserved]
Implementation Plan for the Cow Creek
Band of Umpqua Tribe of Indians, Oregon
49.10041 Identification of plan.
49.10042 Approval status.
49.10043 [Reserved]
49.10044 [Reserved]
49.10045 Classification of regions for
episode plans.
49.10046 Contents of implementation plan.
49.10047 [Reserved]
49.10048 Permits to construct.
49.10049 Permits to operate.
49.10050 Federally-promulgated
regulations and Federal implementation
plans.
49.10051–49.10070 [Reserved]
Implementation Plan for the Cowlitz Indian
Tribe, Washington
49.10071 Identification of plan.
49.10072 Approval status.
49.10073 [Reserved]
49.10074 [Reserved]
49.10075 Classification of regions for
episode plans.
49.10076 Contents of implementation plan.
49.10077 [Reserved]
49.10078 Permits to construct.
49.10079 Permits to operate.
49.10080 Federally-promulgated
regulations and Federal implementation
plans.
49.10081–49.10100 [Reserved]
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Implementation Plan for the Confederated
Tribes of the Grand Ronde Community of
Oregon
49.10101 Identification of plan.
49.10102 Approval status.
49.10103 [Reserved]
49.10104 [Reserved]
49.10105 Classification of regions for
episode plans.
49.10106 Contents of implementation plan.
49.10107 [Reserved]
49.10108 Permits to construct.
49.10109 Permits to operate.
49.10110 Federally-promulgated
regulations and Federal implementation
plans.
49.10111–49.10130 [Reserved]
Implementation Plan for the Hoh Indian
Tribe, Washington
49.10131 Identification of plan.
49.10132 Approval status.
49.10133 [Reserved]
49.10134 [Reserved]
49.10135 Classification of regions for
episode plans.
49.10136 Contents of implementation plan.
49.10137 [Reserved]
49.10138 Permits to construct.
49.10139 Permits to operate.
49.10140 Federally-promulgated
regulations and Federal implementation
plans.
49.10141–49.10160 [Reserved]
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Implementation Plan for the Jamestown
S’klallam Tribe, Washington
49.10161 Identification of plan.
49.10162 Approval status.
49.10163 [Reserved]
49.10164 [Reserved]
49.10165 Classification of regions for
episode plans.
49.10166 Contents of implementation plan.
49.10167 [Reserved]
49.10168 Permits to construct.
49.10169 Permits to operate.
49.10170 Federally-promulgated
regulations and Federal implementation
plans.
49.10171–49.10190 [Reserved]
Implementation Plan for the Kalispel Indian
Community of the Kalispel Reservation,
Washington
49.10191 Identification of plan.
49.10192 Approval status.
49.10193 [Reserved]
49.10194 [Reserved]
49.10195 Classification of regions for
episode plans.
49.10196 Contents of implementation plan.
49.10197 [Reserved]
49.10198 Permits to construct.
49.10199 Permits to operate.
49.10200 Federally-promulgated
regulations and Federal implementation
plans.
49.10201–49.10220 [Reserved]
Implementation Plan for the Klamath Tribes,
Oregon
49.10221 Identification of plan.
49.10222 Approval status.
49.10223 [Reserved]
49.10224 [Reserved]
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49.10225 Classification of regions for
episode plans.
49.10226 Contents of implementation plan.
49.10227 [Reserved]
49.10228 Permits to construct.
49.10229 Permits to operate.
49.10230 Federally-promulgated
regulations and Federal implementation
plans.
§ 49.10231–49.10250 [Reserved]
Implementation Plan for the Kootenai Tribe
of Idaho
49.10251 Identification of plan.
49.10252 Approval status.
49.10253 [Reserved]
49.10254 [Reserved]
49.10255 Classification of regions for
episode plans.
49.10256 Contents of implementation plan.
49.10257 [Reserved]
49.10258 Permits to construct.
49.10259 Permits to operate.
49.10260 Federally-promulgated
regulations and Federal implementation
plans.
49.103261–49.10280 [Reserved]
Implementation Plan for the Lower Elwha
Tribal Community, Washington
49.10281 Identification of plan.
49.10282 Approval status.
49.10283 [Reserved]
49.10284 [Reserved]
49.10285 Classification of regions for
episode plans.
49.10286 Contents of implementation plan.
49.10287 [Reserved]
49.10288 Permits to construct.
49.10289 Permits to operate.
49.10290 Federally-promulgated
regulations and Federal implementation
plans.
49.10291–49.10310 [Reserved]
Implementation Plan for the Lummi Tribe of
the Lummi Reservation, Washington
49.10311 Identification of plan.
49.10312 Approval status.
49.10313 [Reserved]
49.10314 [Reserved]
49.10315 Classification of regions for
episode plans.
49.10316 Contents of implementation plan.
49.10317 [Reserved]
49.10318 Permits to construct.
49.10319 Permits to operate.
49.10320 Federally-promulgated
regulations and Federal implementation
plans.
49.10321–49.10340 [Reserved]
Implementation Plan for the Makah Indian
Tribe of the Makah Indian Reservation,
Washington
49.10341 Identification of plan.
49.10342 Approval status.
49.10343 [Reserved]
49.10344 [Reserved]
49.10345 Classification of regions for
episode plans.
49.10346 Contents of implementation plan.
49.10347 [Reserved]
49.10348 Permits to construct.
49.10349 Permits to operate.
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49.10350 Federally-promulgated
regulations and Federal implementation
plans.
49.10351–49.10370 [Reserved]
Implementation Plan for the Muckleshoot
Indian Tribe, Washington
49.10371 Identification of plan.
49.10372 Approval status.
49.10373 [Reserved]
49.10374 [Reserved]
49.10375 Classification of regions for
episode plans.
49.10376 Contents of implementation plan.
49.10377 [Reserved]
49.10378 Permits to construct.
49.10379 Permits to operate.
49.10380 Federally-promulgated
regulations and Federal implementation
plans.
49.10381–49.10400 [Reserved]
Implementation Plan for the Nez Perce
Tribe, Idaho
49.10401 Identification of plan.
49.10402 Approval status.
49.10403 [Reserved]
49.10404 [Reserved]
49.10405 Classification of regions for
episode plans.
49.10406 Contents of implementation plan.
49.10407 [Reserved]
49.10408 Permits to construct.
49.10409 Permits to operate.
49.10410 Federally-promulgated
regulations and Federal implementation
plans.
49.10411 Permits for large open burning,
agricultural burning, forestry and
silvicultural burning, and permit by rule
for small open burning.
49.10412–49.10430 [Reserved]
Implementation Plan for the Nisqually
Indian Tribe, Washington
49.10431 Identification of plan.
49.10432 Approval status.
49.10433 [Reserved]
49.10434 [Reserved]
49.10435 Classification of regions for
episode plans.
49.10436 Contents of implementation plan.
49.10437 [Reserved]
49.10438 Permits to construct.
49.10439 Permits to operate.
49.10440 Federally-promulgated
regulations and Federal implementation
plans.
49.10441–49.10460 [Reserved]
Implementation Plan for the Nooksack
Indian Tribe, Washington
49.10461 Identification of plan.
49.10463 [Reserved]
49.10464 [Reserved]
49.10465 Classification of regions for
episode plans.
49.10466 Contents of implementation plan.
49.10467 [Reserved]
49.10468 Permits to construct.
49.10469 Permits to operate.
49.10470 Federally-promulgated
regulations and Federal implementation
plans.
49.10471–49.10490 [Reserved]
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
Implementation Plan for the Port Gamble
S’klallam Tribe, Washington
49.10491 Identification of plan.
49.10492 Approval status.
49.10493 [Reserved]
49.10494 [Reserved]
49.10495 Classification of regions for
episode plans.
49.10496 Contents of implementation plan.
49.10497 [Reserved]
49.10498 Permits to construct.
49.10499 Permits to operate.
49.10500 Federally-promulgated
regulations and Federal implementation
plans.
49.10501–49.10520 [Reserved]
Implementation Plan for the Puyallup Tribe
of the Puyallup Reservation, Washington
49.10521 Identification of plan.
49.10522 Approval status.
49.10523 [Reserved]
49.10524 [Reserved]
49.10525 Classification of regions for
episode plans.
49.10526 Contents of implementation plan.
49.10527 [Reserved]
49.10528 Permits to construct.
49.10529 Permits to operate.
49.10530 Federally-promulgated
regulations and Federal implementation
plans.
49.10531–49.10550 [Reserved]
jspears on DSK121TN23PROD with PROPOSALS3
Implementation Plan for the Quileute Tribe
of the Quileute Reservation, Washington
49.10551 Identification of plan.
49.10552 Approval status.
49.10553 [Reserved]
49.10554 [Reserved]
49.10555 Classification of regions for
episode plans.
49.10556 Contents of implementation plan.
49.10557 [Reserved]
49.10558 Permits to construct.
49.10559 Permits to operate.
49.10560 Federally-promulgated
regulations and Federal implementation
plans.
49.10561–49.10580 [Reserved]
Implementation Plan for the Quinault Indian
Nation, Washington
49.10581 Identification of plan.
49.10582 Approval status.
49.10583 [Reserved]
49.10584 [Reserved]
49.10585 Classification of regions for
episode plans.
49.10586 Contents of implementation plan.
49.10587 [Reserved]
49.10588 Permits to construct.
49.10589 Permits to operate.
49.10590 Federally-promulgated
regulations and Federal implementation
plans.
49.10591–49.10610 [Reserved]
Implementation Plan for the Samish Indian
Nation, Washington
49.10611 Identification of plan.
49.10612 Approval status.
49.10613 [Reserved]
49.10614 [Reserved]
49.10615 Classification of regions for
episode plans.
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49.10616 Contents of implementation plan.
49.10617 [Reserved]
49.10618 Permits to construct.
49.10619 Permits to operate.
49.10620 Federally-promulgated
regulations and Federal implementation
plans.
49.10621–49.10640 [Reserved]
Implementation Plan for the Sauk-Suiattle
Indian Tribe, Washington
49.10641 Identification of plan.
49.10642 Approval status.
49.10643 [Reserved]
49.10644 [Reserved]
49.10645 Classification of regions for
episode plans.
49.10646 Contents of implementation plan.
49.10647 [Reserved]
49.10648 Permits to construct.
49.10649 Permits to operate.
49.10650 Federally-promulgated
regulations and Federal implementation
plans.
49.10651–49.10670 [Reserved]
Implementation Plan for the Shoalwater Bay
Indian Tribe of the Shoalwater Bay Indian
Reservation, Washington
49.10671 Identification of plan.
49.10672 Approval status.
49.10673 [Reserved]
49.10674 [Reserved]
49.10675 Classification of regions for
episode plans.
49.10676 Contents of implementation plan.
49.10677 [Reserved]
49.10678 Permits to construct.
49.10679 Permits to operate.
49.10680 Federally-promulgated
regulations and Federal implementation
plans.
49.10681–49.10700 [Reserved]
Implementation Plan for the ShoshoneBannock Tribes of the Fort Hall
Reservation, Idaho
49.10701 Identification of plan.
49.10702 Approval status.
49.10703 [Reserved]
49.10704 [Reserved]
49.10705 Classification of regions for
episode plans.
49.10706 Contents of implementation plan.
49.10707 [Reserved]
49.10708 Permits to construct.
49.10709 Permits to operate.
49.10710 Federally-promulgated
regulations and Federal implementation
plans.
*
*
*
*
*
Implementation Plan for the Burns
Paiute Tribe, Oregon
§ 49.9861
Identification of plan.
This section and §§ 49.9862 through
49.9890 contain the implementation
plan for the Burns Paiute Tribe. This
plan consists of Federal regulations and
measures which apply within the Burns
Paiute Reservation.
§ 49.9862
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
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implementation plan for the Burns
Paiute Reservation.
§ 49.9863
[Reserved]
§ 49.9864
[Reserved]
§ 49.9865 Classification of regions for
episode plans.
The air quality control region which
encompasses the Burns Paiute
Reservation is classified as follows for
purposes of episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.9866
plan.
III
III
III
II
III
Contents of implementation
The implementation plan for the
Burns Paiute Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.9867
[Reserved]
§ 49.9868
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.9869
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
§ 49.9870 Federally-promulgated
regulations and Federal implementation
plans.
§ 49.9896
plan.
The following regulations are adopted
and made part of the implementation
plan for the Burns Paiute Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.9871–49.9890
[Reserved]
Identification of plan.
This section and §§ 49.9892 through
49.9920 contain the implementation
plan for the Confederated Tribes of the
Chehalis Reservation. This plan consists
of Federal regulations and measures
which apply within the Chehalis
Reservation.
§ 49.9892
The implementation plan for the
Chehalis Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.9897
[Reserved]
§ 49.9898
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
Implementation Plan for the
Confederated Tribes of the Chehalis
Reservation, Washington
§ 49.9891
Contents of implementation
Approval status.
§ 49.9899
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.9900 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Chehalis Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible
emissions.
§ 49.9893 [Reserved]
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
§ 49.9894 [Reserved]
(d) Section 49.126 Rule for limiting
§ 49.9895 Classification of regions for
fugitive particulate matter emissions.
episode plans.
(e) Section 49.129 Rule for limiting
The air quality control region which
emissions of sulfur dioxide.
encompasses the Chehalis Reservation
(f) Section 49.130 Rule for limiting
is classified as follows for purposes of
sulfur in fuels.
(g) Section 49.131 General rule for
episode plans:
open burning.
Pollutant
Classification
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
Carbon monoxide .................
III
(i) Section 49.137 Rule for air
Nitrogen dioxide ....................
III pollution episodes.
Ozone ...................................
III
(j) Section 49.138 Rule for the
Particulate matter (PM10) .....
II
registration
of air pollution sources and
Sulfur oxides .........................
II
the reporting of emissions.
jspears on DSK121TN23PROD with PROPOSALS3
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Chehalis
Reservation.
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(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.9901–49.9920
[Reserved]
Implementation Plan for the Coeur
D’alene Tribe, Idaho
§ 49.9921
Identification of plan.
This section and §§ 49.9922 through
49.9950 contain the implementation
plan for the Coeur D’Alene Tribe. This
plan consists of Federal regulations and
measures which apply within the Coeur
D’Alene Reservation.
§ 49.9922
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Coeur
D’Alene Reservation.
§ 49.9923
[Reserved]
§ 49.9924
[Reserved]
§ 49.9925 Classification of regions for
episode plans.
The air quality control region which
encompasses the Coeur D’Alene
Reservation is classified as follows for
purposes of episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.9926
plan.
III
III
III
I
II
Contents of implementation
The implementation plan for the
Coeur D’Alene Reservation consists of
the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.128 Rule for limiting
particulate matter emissions from wood
products industry sources.
(f) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(g) Section 49.130 Rule for limiting
sulfur in fuels.
(h) Section 49.131 General rule for
open burning.
(i) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(j) Section 49.137 Rule for air
pollution episodes.
(k) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
(l) Section 49.139 Rule for non-Title V
operating permits.
(m) Section 49.140 Rule for
residential wood burning devices.
§ 49.9927 EPA-approved Tribal rules and
plans. [Reserved]
§ 49.9928
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.9929
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.9930 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Coeur D’Alene Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.128 Rule for limiting
particulate matter emissions from wood
products industry sources.
(f) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(g) Section 49.130 Rule for limiting
sulfur in fuels.
(h) Section 49.131 General rule for
open burning.
(i) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(j) Section 49.137 Rule for air
pollution episodes.
(k) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(l) Section 49.139 Rule for non-Title V
operating permits.
(m) Section 49.140 Rule for
residential wood burning devices.
Note 1 to § 49.9930: EPA entered into a
Partial Delegation of Administrative
Authority Agreement with the Coeur D’Alene
Tribe on August 26, 2008 for the rules listed
in paragraphs (b), (h), and (j) of this section.
jspears on DSK121TN23PROD with PROPOSALS3
§§ 49.9931–49.9950
[Reserved]
Implementation Plan for the
Confederated Tribes of the Colville
Reservation, Washington
§ 49.9951
Identification of plan.
This section and §§ 49.9952 through
49.9980 contain the implementation
plan for the Confederated Tribes of the
Colville Reservation. This plan consists
of Federal regulations and measures
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which apply within the Colville
Reservation.
§ 49.9952
Approval status.
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Colville
Reservation.
§ 49.9959
Permits to operate.
§ 49.9953
[Reserved]
§ 49.9954
[Reserved]
§ 49.9960 Federally-promulgated
regulations and Federal implementation
plans.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
The following regulations are adopted
and made part of the implementation
plan for the Colville Reservation:
The air quality control region which
(a) Section 49.123 General provisions.
encompasses the Colville Reservation is
classified as follows for purposes of
(b) Section 49.124 Rule for limiting
episode plans:
visible emissions.
(c) Section 49.125 Rule for limiting
Pollutant
Classification
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
Carbon monoxide .................
III
fugitive
particulate matter emissions.
Nitrogen dioxide ....................
III
(e) Section 49.127 Rule for woodwaste
Ozone ...................................
III
Particulate matter (PM10) .....
II burners.
(f) Section 49.128 Rule for limiting
Sulfur oxides .........................
III
particulate matter emissions from wood
products industry sources.
§ 49.9956 Contents of implementation
(g) Section 49.129 Rule for limiting
plan.
emissions of sulfur dioxide.
The implementation plan for the
(h) Section 49.130 Rule for limiting
Colville Reservation consists of the
sulfur in fuels.
following rules, regulations, and
(i) Section 49.131 General rule for
measures:
(a) Section 49.123 General provisions. open burning.
(b) Section 49.124 Rule for limiting
(j) Section 49.135 Rule for emissions
visible emissions.
detrimental to public health or welfare.
(c) Section 49.125 Rule for limiting
(k) Section 49.137 Rule for air
the emissions of particulate matter.
pollution episodes.
(d) Section 49.126 Rule for limiting
(l) Section 49.138 Rule for the
fugitive particulate matter emissions.
registration of air pollution sources and
(e) Section 49.127 Rule for woodwaste the reporting of emissions.
burners.
(m) Section 49.139 Rule for non-Title
(f) Section 49.128 Rule for limiting
V operating permits.
particulate matter emissions from wood
(n) Section 49.140 Rule for residential
products industry sources.
wood
burning devices.
(g) Section 49.129 Rule for limiting
(o) Section 49.141 Rule for
emissions of sulfur dioxides.
curtailment of residential wood burning
(h) Section 49.130 Rule for limiting
devices for specific areas.
sulfur in fuels.
(i) Section 49.131 General rule for
Note 1 to § 49.9960: The EPA entered into
open burning.
a Partial Delegation of Administrative
Authority Agreement with the Confederated
(j) Section 49.135 Rule for emissions
Tribes of the Colville Reservation on October
detrimental to public health or welfare.
26, 2015, for the rules listed in paragraphs
(k) Section 49.137 Rule for air
(b), (i), and (k) of this section.
pollution episodes.
(l) Section 49.138 Rule for the
§§ 49.9961–49.9980 [Reserved]
registration of air pollution sources and
the reporting of emissions.
Implementation Plan for the
(m) Section 49.139 Rule for non-Title
Confederated Tribes of the Coos, Lower
V operating permits.
Umpqua and Siuslaw Indians, Oregon
(n) Section 49.140 Rule for residential
wood burning devices.
§ 49.9981 Identification of plan.
(o) Section 49.141 Rule for
This section and §§ 49.9982 through
curtailment of residential wood burning 49.10010 contain the implementation
devices for specific areas.
plan for the Confederated Tribes of the
Coos, Lower Umpqua and Siuslaw
§ 49.9957 [Reserved]
Indians. This plan consists of Federal
§ 49.9958 Permits to construct.
regulations and measures which apply
Permits to construct are required for
within the Coos, Lower Umpqua and
new stationary sources and
Siuslaw Reservation.
§ 49.9955 Classification of regions for
episode plans.
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§ 49.9982
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Coos,
Lower Umpqua and Siuslaw
Reservation.
§ 49.9983
[Reserved]
§ 49.9984
[Reserved]
§ 49.9985 Classification of regions for
episode plans.
The air quality control region which
encompasses the Coos, Lower Umpqua
and Siuslaw Reservation is classified as
follows for purposes of episode plans:
Classification
Pollutant
Carbon monoxide .........................
Nitrogen dioxide ...........................
Ozone ...........................................
Particulate matter (PM10) .............
Sulfur oxides .................................
§ 49.9986
plan.
III
III
III
II
III
Contents of implementation
jspears on DSK121TN23PROD with PROPOSALS3
The implementation plan for the
Coos, Lower Umpqua and Siuslaw
Reservation consists of the following
rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.9987
[Reserved]
§ 49.9988
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.9989
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
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§ 49.9990 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Coos, Lower Umpqua and
Siuslaw Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.9991–49.10010
[Reserved]
Implementation Plan for the Coquille
Indian Tribe, Oregon
§ 49.10011
Identification of plan.
This section and §§ 49.10012 through
49.10040 contain the implementation
plan for the Coquille Indian Tribe. This
plan consists of Federal regulations and
measures which apply within the
Coquille Reservation.
§ 49.10012
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Coquille
Reservation.
§ 49.10016
plan.
61917
Contents of implementation
The implementation plan for the
Coquille Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10017
[Reserved]
§ 49.10018
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to 40 CFR 52.21 and
§§ 49.151 through 49.173, as applicable.
§ 49.10019
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10020 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are
incorporated and made part of the
implementation plan for the Coquille
Reservation:
§ 49.10013 [Reserved]
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
§ 49.10014 [Reserved]
visible emissions.
(c) Section 49.125 Rule for limiting
§ 49.10015 Classification of regions for
episode plans.
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
The air quality control region which
encompasses the Coquille Reservation is fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
classified as follows for purposes of
emissions of sulfur dioxide.
episode plans:
(f) Section 49.130 Rule for limiting
sulfur in fuels.
Pollutant
Classification
(g) Section 49.131 General rule for
Carbon monoxide .................
III open burning.
Nitrogen dioxide ....................
III
(h) Section 49.135 Rule for emissions
Ozone ...................................
III detrimental to public health or welfare.
Particulate matter (PM10) .....
II
(i) Section 49.137 Rule for air
Sulfur oxides .........................
III
pollution episodes.
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10021–49.10040
§ 49.10047
[Reserved]
§ 49.10048
Permits to construct.
[Reserved]
Implementation Plan for the Cow Creek
Band of Umpqua Tribe of Indians,
Oregon
§ 49.10041
Identification of plan.
This section and §§ 49.10042 through
49.10070 contain the implementation
plan for the Cow Creek Band of Umpqua
Tribe of Indians. This plan consists of
Federal regulations and measures which
apply within the Cow Creek Umpqua
Reservation.
§ 49.10042
Approval status.
jspears on DSK121TN23PROD with PROPOSALS3
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Cow Creek
Umpqua Reservation.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10049
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10050 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Cow Creek Umpqua
Reservation:
§ 49.10043 [Reserved]
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
§ 49.10044 [Reserved]
visible emissions.
(c) Section 49.125 Rule for limiting
§ 49.10045 Classification of regions for
the emissions of particulate matter.
episode plans.
(d) Section 49.126 Rule for limiting
The air quality control region which
fugitive particulate matter emissions.
encompasses the Cow Creek Umpqua
(e) Section 49.129 Rule for limiting
Reservation is classified as follows for
emissions of sulfur dioxide.
purposes of episode plans:
(f) Section 49.130 Rule for limiting
sulfur in fuels.
Pollutant
Classification
(g) Section 49.131 General rule for
Carbon monoxide .................
III open burning.
(h) Section 49.135 Rule for emissions
Nitrogen dioxide ....................
III
Ozone ...................................
III detrimental to public health or welfare.
(i) Section 49.137 Rule for air
Particulate matter (PM10) .....
II
Sulfur oxides .........................
III pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
§ 49.10046 Contents of implementation
the reporting of emissions.
plan.
(k) Section 49.139 Rule for non-Title
The implementation plan for the Cow
V operating permits.
Creek Umpqua Reservation consists of
(l) Section 49.140 Rule for residential
the following rules, regulations, and
wood burning devices.
measures:
(a) Section 49.123 General provisions. §§ 49.10051–49.10070 [Reserved]
(b) Section 49.124 Rule for limiting
Implementation Plan for the Cowlitz
visible emissions.
Indian Tribe, Washington
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
§ 49.10071 Identification of plan.
(d) Section 49.126 Rule for limiting
This section and §§ 49.10072 through
fugitive particulate matter emissions.
49.10100 contain the implementation
(e) Section 49.129 Rule for limiting
plan for the Cowlitz Indian Tribe. This
emissions of sulfur dioxide.
plan consists of Federal regulations and
(f) Section 49.130 Rule for limiting
measures which apply within the
sulfur in fuels.
Cowlitz Indian Reservation.
(g) Section 49.131 General rule for
§ 49.10072 Approval status.
open burning.
(h) Section 49.135 Rule for emissions
There are currently no EPA-approved
detrimental to public health or welfare.
Tribal rules or measures in the
(i) Section 49.137 Rule for air
implementation plan for the Cowlitz
pollution episodes.
Indian Reservation.
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§ 49.10073
[Reserved]
§ 49.10074
[Reserved]
§ 49.10075 Classification of regions for
episode plans.
The air quality control region which
encompasses the Cowlitz Indian
Reservation is classified as follows for
purposes of episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10076
plan.
III
III
III
I
IA
Contents of implementation
The implementation plan for the
Cowlitz Indian Reservation consists of
the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10077 EPA-approved Tribal rules and
plans. [Reserved]
§ 49.10078
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10079
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10080 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Cowlitz Indian Reservation:
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10081–49.10100
[Reserved]
Implementation Plan for the
Confederated Tribes of the Grand
Ronde Community of Oregon
§ 49.10101
Identification of plan.
This section and §§ 49.10102 through
49.10130 contain the implementation
plan for the Confederated Tribes of the
Grand Ronde Community. This plan
consists of Federal regulations and
measures which apply within the Grand
Ronde Reservation.
§ 49.10102
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Grand
Ronde Reservation.
§ 49.10103
[Reserved]
§ 49.10104
[Reserved]
§ 49.10105 Classification of regions for
episode plans.
The air quality control region which
encompasses the Grand Ronde
Reservation:
Pollutant
Classification
jspears on DSK121TN23PROD with PROPOSALS3
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10106
plan.
I
III
I
I
IA
Contents of implementation
The implementation plan for the
Grand Ronde Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
VerDate Sep<11>2014
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(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10107
[Reserved]
§ 49.10108
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10109
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10110 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Grand Ronde Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
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§§ 49.10111–49.10130
[Reserved]
Implementation Plan for the Hoh
Indian Tribe, Washington
§ 49.10131
Identification of plan.
This section and §§ 49.10132 through
49.10160 contain the implementation
plan for the Hoh Indian Tribe. This plan
consists of Federal regulations and
measures which apply within the Hoh
Indian Reservation.
§ 49.10132
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Hoh Indian
Reservation.
§ 49.10133
[Reserved]
§ 49.10134
[Reserved]
§ 49.10135 Classification of regions for
episode plans.
The air quality control region which
encompasses the Hoh Indian
Reservation is classified as follows for
purposes of episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10136
plan.
III
III
III
II
II
Contents of implementation
The implementation plan for the Hoh
Indian Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
E:\FR\FM\12OCP3.SGM
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
§ 49.10137
[Reserved]
§ 49.10138
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10139
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10140 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Hoh Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10141–49.10160
[Reserved]
Implementation Plan for the Jamestown
S’klallam Tribe, Washington
§ 49.10161
Identification of plan.
This section and §§ 49.10162 through
49.10190 contain the implementation
plan for the Jamestown S’Klallam Tribe.
This plan consists of Federal regulations
and measures which apply within the
Jamestown S’Klallam Reservation.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10162
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Jamestown
S’Klallam Reservation.
§ 49.10163
[Reserved]
§ 49.10164
[Reserved]
§ 49.10165 Classification of regions for
episode plans.
The air quality control region which
encompasses the Jamestown S’Klallam
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(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
Pollutant
Classification
sulfur in fuels.
(g) Section 49.131 General rule for
Carbon monoxide .................
III open burning.
Nitrogen dioxide ....................
III
(h) Section 49.135 Rule for emissions
Ozone ...................................
III
detrimental
to public health or welfare.
Particulate matter (PM10) .....
II
(i) Section 49.137 Rule for air
Sulfur oxides .........................
II
pollution episodes.
(j) Section 49.138 Rule for the
§ 49.10166 Contents of implementation
registration of air pollution sources and
plan.
the reporting of emissions.
The implementation plan for the
(k) Section 49.139 Rule for non-Title
Jamestown S’Klallam Reservation
V operating permits.
consists of the following rules,
(l) Section 49.140 Rule for residential
regulations, and measures:
(a) Section 49.123 General provisions. wood burning devices.
(b) Section 49.124 Rule for limiting
§§ 49.10171–49.10190 [Reserved]
visible emissions.
Implementation Plan for the Kalispel
(c) Section 49.125 Rule for limiting
Indian Community of the Kalispel
the emissions of particulate matter.
Reservation, Washington
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
§ 49.10191 Identification of plan.
(e) Section 49.129 Rule for limiting
This section and §§ 49.1019192
emissions of sulfur dioxide.
through
49.10220 contain the
(f) Section 49.130 Rule for limiting
implementation plan for the Kalispel
sulfur in fuels.
Indian Community. This plan consists
(g) Section 49.131 General rule for
of Federal regulations and measures
open burning.
which apply within the Kalispel
(h) Section 49.135 Rule for emissions
Reservation.
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
§ 49.10192 Approval status.
pollution episodes.
There are currently no EPA-approved
(j) Section 49.138 Rule for the
Tribal rules or measures in the
registration of air pollution sources and
implementation plan for the Kalispel
the reporting of emissions.
Reservation.
(k) Section 49.139 Rule for non-Title
V operating permits.
§ 49.10193 [Reserved]
(l) Section 49.140 Rule for residential
§ 49.10194 [Reserved]
wood burning devices.
Reservation is classified as follows for
purposes of episode plans:
§ 49.10167
[Reserved]
§ 49.10195 Classification of regions for
episode plans.
§ 49.10168
Permits to construct.
The air quality control region which
encompasses the Kalispel Reservation is
classified as follows for purposes of
episode plans:
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
Pollutant
Classification
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10170 Federally-promulgated
regulations and Federal implementation
plans.
§ 49.10196
plan.
The following regulations are adopted
and made part of the implementation
plan for the Jamestown S’Klallam
Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
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.
§ 49.10169
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III
III
III
II
III
Contents of implementation
12OCP3
Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10197
[Reserved]
§ 49.10198
Permits to construct.
(a) Permits to construct are required
for new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
(b) In accordance with section 164 of
the Clean Air Act and the provisions of
40 CFR 52.21(g), the original Kalispel
Reservation, as established by Executive
Order No. 1904, signed by President
Woodrow Wilson on March 23, 1914, is
designated as a Class I area for the
purposes of prevention of significant
deterioration of air quality.
§ 49.10199
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10200 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Kalispel Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
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§§ 49.10201–49.10220
[Reserved]
Implementation Plan for the Klamath
Tribes, Oregon
§ 49.10221
Identification of plan.
This section and §§ 49.10222 through
49.10250 contain the implementation
plan for the Klamath Tribes. This plan
consists of Federal regulations and
measures which apply within the
Klamath Reservation.
§ 49.10222
Approval status.
§ 49.10227
[Reserved]
§ 49.10228
Permits to construct.
61921
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10229
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Klamath
Reservation.
§ 49.10230 Federally-promulgated
regulations and Federal implementation
plans.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10253
[Reserved]
§ 49.10254
[Reserved]
The following regulations are adopted
and made part of the implementation
§ 49.10223 [Reserved]
plan for the Klamath Reservation:
(a) Section 49.123 General provisions.
§ 49.10224 [Reserved]
(b) Section 49.124 Rule for limiting
visible emissions.
§ 49.10225 Classification of regions for
(c) Section 49.125 Rule for limiting
episode plans.
the emissions of particulate matter.
The air quality control region which
(d) Section 49.126 Rule for limiting
encompasses the Klamath Reservation is
fugitive particulate matter emissions.
classified as follows for purposes of
(e) Section 49.129 Rule for limiting
episode plans:
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
Pollutant
Classification
sulfur in fuels.
(g) Section 49.131 General rule for
Carbon monoxide .................
III
Nitrogen dioxide ....................
III open burning.
(h) Section 49.135 Rule for emissions
Ozone ...................................
III
Particulate matter (PM10) .....
II detrimental to public health or welfare.
Sulfur oxides .........................
III
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
§ 49.10226 Contents of implementation
registration of air pollution sources and
plan.
the reporting of emissions.
The implementation plan for the
(k) Section 49.139 Rule for non-Title
Klamath Reservation consists of the
V operating permits.
following rules, regulations, and
(l) Section 49.140 Rule for residential
measures:
wood burning devices.
(a) Section 49.123 General provisions.
§§ 49.10231–49.10250 [Reserved]
(b) Section 49.124 Rule for limiting
visible emissions.
Implementation Plan for the Kootenai
(c) Section 49.125 Rule for limiting
Tribe of Idaho
the emissions of particulate matter.
§ 49.10251 Identification of plan.
(d) Section 49.126 Rule for limiting
This section and §§ 49.10252 through
fugitive particulate matter emissions.
49.10280 contain the implementation
(e) Section 49.129 Rule for limiting
plan for the Kootenai Tribe of Idaho.
emissions of sulfur dioxide.
This plan consists of Federal regulations
(f) Section 49.130 Rule for limiting
and measures which apply within the
sulfur in fuels.
Kootenai Reservation.
(g) Section 49.131 General rule for
§ 49.10252 Approval status.
open burning.
There are currently no EPA-approved
(h) Section 49.135 Rule for emissions
Tribal rules or measures in the
detrimental to public health or welfare.
implementation plan for the Kootenai
(i) Section 49.137 Rule for air
Reservation.
pollution episodes.
PO 00000
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§ 49.10255 Classification of regions for
episode plans.
The air quality control region which
encompasses the Kootenai Reservation
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
is classified as follows for purposes of
episode plans:
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
Pollutant
Classification
open burning.
(h) Section 49.135 Rule for emissions
Carbon monoxide .................
III detrimental to public health or welfare.
Nitrogen dioxide ....................
III
(i) Section 49.137 Rule for air
Ozone ...................................
III pollution episodes.
Particulate matter (PM10) .....
I
(j) Section 49.138 Rule for the
Sulfur oxides .........................
III
registration of air pollution sources and
the reporting of emissions.
§ 49.10256 Contents of implementation
(k) Section 49.139 Rule for non-Title
plan.
V operating permits.
The implementation plan for the
(l) Section 49.140 Rule for residential
Kootenai Reservation consists of the
wood burning devices.
following rules, regulations, and
§§ 49.103261–49.10280 [Reserved]
measures:
(a) Section 49.123 General provisions. Implementation Plan for the Lower
(b) Section 49.124 Rule for limiting
Elwha Tribal Community, Washington
visible emissions.
(c) Section 49.125 Rule for limiting
§ 49.10281 Identification of plan.
the emissions of particulate matter.
This section and §§ 49.10282 through
(d) Section 49.126 Rule for limiting
49.10310 contain the implementation
fugitive particulate matter emissions.
plan for the Lower Elwha Tribal
(e) Section 49.129 Rule for limiting
Community. This plan consists of
emissions of sulfur dioxide.
Federal regulations and measures which
(f) Section 49.130 Rule for limiting
apply within the Lower Elwha
sulfur in fuels.
Reservation.
(g) Section 49.131 General rule for
open burning.
§ 49.10282 Approval status.
(h) Section 49.135 Rule for emissions
There are currently no EPA-approved
detrimental to public health or welfare.
Tribal rules or measures in the
(i) Section 49.137 Rule for air
implementation plan for the Lower
pollution episodes.
Elwha Reservation.
(j) Section 49.138 Rule for the
§ 49.10283 [Reserved]
registration of air pollution sources and
the reporting of emissions.
§ 49.10284 [Reserved]
(k) Section 49.139 Rule for non-Title
V operating permits.
§ 49.10285 Classification of regions for
(l) Section 49.140 Rule for residential
episode plans.
wood burning devices.
The air quality control region which
encompasses the Lower Elwha
§ 49.10257 [Reserved]
Reservation is classified as follows for
§ 49.10258 Permits to construct.
purposes of episode plans:
Permits to construct are required for
Pollutant
Classification
new stationary sources and
modifications to existing stationary
Carbon monoxide .................
III
sources pursuant to §§ 49.151 through
Nitrogen dioxide ....................
III
49.173, and 40 CFR 52.21, as applicable. Ozone ...................................
III
§ 49.10259
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10260 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Kootenai Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
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(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10287
[Reserved]
§ 49.10288
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10289
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10290 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Lower Elwha Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
Particulate matter (PM10) .....
II
(j) Section 49.138 Rule for the
Sulfur oxides .........................
II registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
§ 49.10286 Contents of implementation
plan.
V operating permits.
(l) Section 49.140 Rule for residential
The implementation plan for the
Lower Elwha Reservation consists of the wood burning devices.
following rules, regulations, and
§§ 49.10291–49.10310 [Reserved]
measures:
(a) Section 49.123 General provisions. Implementation Plan for the Lummi
(b) Section 49.124 Rule for limiting
Tribe of the Lummi Reservation,
visible emissions.
Washington
(c) Section 49.125 Rule for limiting
§ 49.10311 Identification of plan.
the emissions of particulate matter.
This section and §§ 49.10312 through
(d) Section 49.126 Rule for limiting
49.10340 contain the implementation
fugitive particulate matter emissions.
plan for the Lummi Tribe of the Lummi
(e) Section 49.129 Rule for limiting
Reservation. This plan consists of
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
Federal regulations and measures which
sulfur in fuels.
apply within the Lummi Reservation.
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
§ 49.10312
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Lummi
Reservation.
§ 49.10320 Federally-promulgated
regulations and Federal implementation
plans.
jspears on DSK121TN23PROD with PROPOSALS3
The following regulations are adopted
and made part of the implementation
plan for the Lummi Reservation:
§ 49.10313 [Reserved]
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
§ 49.10314 [Reserved]
visible emissions.
§ 49.10315 Classification of regions for
(c) Section 49.125 Rule for limiting
episode plans.
the emissions of particulate matter.
The air quality control region which
(d) Section 49.126 Rule for limiting
encompasses the Lummi Reservation is
fugitive particulate matter emissions.
classified as follows for purposes of
(e) Section 49.129 Rule for limiting
episode plans:
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
Pollutant
Classification
sulfur in fuels.
Carbon monoxide .................
III
(g) Section 49.131 General rule for
Nitrogen dioxide ....................
III open burning.
Ozone ...................................
III
(h) Section 49.135 Rule for emissions
Particulate matter (PM10) .....
II
detrimental
to public health or welfare.
Sulfur oxides .........................
II
(i) Section 49.137 Rule for air
pollution episodes.
§ 49.10316 Contents of implementation
(j) Section 49.138 Rule for the
plan.
registration of air pollution sources and
The implementation plan for the
the reporting of emissions.
Lummi Reservation consists of the
(k) Section 49.139 Rule for non-Title
following rules, regulations, and
V operating permits.
measures:
(l) Section 49.140 Rule for residential
(a) Section 49.123 General provisions.
wood burning devices.
(b) Section 49.124 Rule for limiting
visible emissions.
§§ 49.10321–49.10340 [Reserved]
(c) Section 49.125 Rule for limiting
Implementation Plan for the Makah
the emissions of particulate matter.
Indian Tribe of the Makah Indian
(d) Section 49.126 Rule for limiting
Reservation, Washington
fugitive particulate matter emissions.
§ 49.10341 Identification of plan.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
This section and §§ 49.10342 through
(f) Section 49.130 Rule for limiting
49.10370 contain the implementation
sulfur in fuels.
plan for the Makah Indian Tribe. This
(g) Section 49.131 General rule for
plan consists of Federal regulations and
open burning.
measures which apply within the
Makah Indian Reservation.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
§ 49.10342 Approval status.
(i) Section 49.137 Rule for air
There are currently no EPA-approved
pollution episodes.
Tribal rules or measures in the
(j) Section 49.138 Rule for the
implementation plan for the Makah
registration of air pollution sources and
Indian Reservation.
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
§ 49.10343 [Reserved]
V operating permits.
§ 49.10344 [Reserved]
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10345 Classification of regions for
§ 49.10317
[Reserved]
§ 49.10318
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10319
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
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§ 49.10346
plan.
61923
Contents of implementation
The implementation plan for the
Makah Indian Reservation consists of
the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10347
[Reserved]
§ 49.10348
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10349
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10350 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Makah Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
episode plans.
(e) Section 49.129 Rule for limiting
The air quality control region which
emissions of sulfur dioxide.
encompasses the Makah Indian
(f) Section 49.130 Rule for limiting
Reservation is classified as follows for
sulfur in fuels.
(g) Section 49.131 General rule for
purposes of episode plans:
open burning.
Pollutant
Classification
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
Carbon monoxide .................
III
(i) Section 49.137 Rule for air
Nitrogen dioxide ....................
III pollution episodes.
Ozone ...................................
III
(j) Section 49.138 Rule for the
Particulate matter (PM10) .....
II
registration
of air pollution sources and
Sulfur oxides .........................
II
the reporting of emissions.
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
[Reserved]
§ 49.10378
Permits to construct.
Implementation Plan for the
Muckleshoot Indian Tribe, Washington
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10371
§ 49.10379
§§ 49.10351–49.10370
[Reserved]
Identification of plan.
This section and §§ 49.10372 through
49.10400 contain the implementation
plan for the Muckleshoot Indian Tribe.
This plan consists of Federal regulations
and measures which apply within the
Muckleshoot Reservation.
§ 49.10372
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the
Muckleshoot Reservation.
§ 49.10373
[Reserved]
§ 49.10374
[Reserved]
§ 49.10375 Classification of regions for
episode plans.
The air quality control region which
encompasses the Muckleshoot
Reservation is classified as follows for
purposes of episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10376
plan.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10377
III
III
I
I
IA
Contents of implementation
The implementation plan for the
Muckleshoot Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
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Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10380 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Muckleshoot Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10381–49.10400
[Reserved]
Implementation Plan for the Nez Perce
Tribe, Idaho
§ 49.10401
Identification of plan.
This section and §§ 49.10402 through
49.10430 contain the implementation
plan for the Nez Perce Tribe. This plan
consists of Federal regulations and
measures which apply within the Nez
Perce Reservation, as described in the
1863 Nez Perce Treaty.
§ 49.10402
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Nez Perce
Reservation.
§ 49.10403
[Reserved]
§ 49.10404
[Reserved]
§ 49.10405 Classification of regions for
episode plans.
The air quality control region which
encompasses the Nez Perce Reservation
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is classified as follows for purposes of
episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10406
plan.
III
III
III
I
III
Contents of implementation
The implementation plan for the Nez
Perce Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.127 Rule for woodwaste
burners.
(f) Section 49.128 Rule for limiting
particulate matter emissions from wood
products industry sources.
(g) Section 49.129 Rule for limiting
emissions of sulfur dioxides.
(h) Section 49.130 Rule for limiting
sulfur in fuels.
(i) Section 49.131 General rule for
open burning.
(j) Section 49.132 Rule for large open
burning permits.
(k) Section 49.133 Rule for
agricultural burning permits.
(l) Section 49.134 Rule for forestry
and silvicultural burning permits.
(m) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(n) Section 49.137 Rule for air
pollution episodes.
(o) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(p) Section 49.139 Rule for non-Title
V operating permits.
(q) Section 49.140 Rule for residential
wood burning devices.
(r) Section 49.141 Rule for curtailment
of residential wood burning devices for
specific areas.
(s) Section 49.143 Permit by rule for
small open burning.
§ 49.10407
[Reserved]
§ 49.10408
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10409
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
§ 49.10410 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Nez Perce Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.127 Rule for woodwaste
burners.
(f) Section 49.128 Rule for limiting
particulate matter emissions from wood
products industry sources.
(g) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(h) Section 49.130 Rule for limiting
sulfur in fuels.
(i) Section 49.131 General rule for
open burning.
(j) Section 49.132 Rule for large open
burning permits.
(k) Section 49.133 Rule for
agricultural burning permits.
(l) Section 49.134 Rule for forestry
and silvicultural burning permits.
(m) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(n) Section 49.137 Rule for air
pollution episodes.
(o) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(p) Section 49.139 Rule for non-Title
V operating permits.
(q) Section 49.140 Rule for residential
wood burning devices.
(r) Section 49.141 Rule for curtailment
of residential wood burning devices for
specific areas.
(s) Section 49.143 Permit by rule for
small open burning.
Note 1 to § 49.10410: EPA entered into a
Partial Delegation of Administrative
Authority Agreement with the Nez Perce
Tribe on June 27, 2005 for the rules listed in
paragraphs (b), (i), (j), (k), (l), and (n) of this
section.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10411 Permits for large open burning,
agricultural burning, forestry and
silvicultural burning, and permit by rule for
small open burning.
(a) From June 7, 2005 through
December 31, 2023, small open burns
and large open burns are subject to the
permitting requirements of § 49.132.
(b) Beginning January 1, 2024, large
open burns are subject to the permitting
requirements of § 49.132.
(c) Beginning June 7, 2005,
agricultural burns are subject to the
permitting requirements of § 49.133.
(d) Beginning June 7, 2005, forestry
and silvicultural burns are subject to the
permitting requirements of § 49.134.
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(e) Beginning January 1, 2024, small
open burns are subject to the permitting
requirements of § 49.143.
§§ 49.10412–49.10430
[Reserved]
Implementation Plan for the Nisqually
Indian Tribe, Washington
§ 49.10431
Identification of plan.
This section and §§ 49.10432 through
49.10460 contain the implementation
plan for the Nisqually Indian Tribe. This
plan consists of Federal regulations and
measures which apply within the
Nisqually Reservation.
§ 49.10432
Approval status.
§ 49.10437
[Reserved]
§ 49.10438
Permits to construct.
61925
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and40 CFR 52.21, as applicable.
§ 49.10439
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10440 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Nisqually Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
§ 49.10433 [Reserved]
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
§ 49.10434 [Reserved]
(d) Section 49.126 Rule for limiting
§ 49.10435 Classification of regions for
fugitive particulate matter emissions.
episode plans.
(e) Section 49.129 Rule for limiting
The air quality control region which
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
encompasses the Nisqually Reservation
sulfur in fuels.
is classified as follows for purposes of
(g) Section 49.131 General rule for
episode plans:
open burning.
(h) Section 49.135 Rule for emissions
Pollutant
Classification
detrimental to public health or welfare.
Carbon monoxide .................
III
(i) Section 49.137 Rule for air
Nitrogen dioxide ....................
III pollution episodes.
Ozone ...................................
III
(j) Section 49.138 Rule for the
Particulate matter (PM10) .....
II registration of air pollution sources and
Sulfur oxides .........................
II the reporting of emissions.
(k) Section 49.139 Rule for non-Title
§ 49.10436 Contents of implementation
V operating permits.
plan.
(l) Section 49.140 Rule for residential
The implementation plan for the
wood burning devices.
Nisqually Reservation consists of the
§§ 49.10441–49.10460 [Reserved]
following rules, regulations, and
measures:
Implementation Plan for the Nooksack
(a) Section 49.123 General provisions. Indian Tribe, Washington
(b) Section 49.124 Rule for limiting
§ 49.10461 Identification of plan.
visible emissions.
(c) Section 49.125 Rule for limiting
This section and §§ 49.10462 through
the emissions of particulate matter.
49.10490 contain the implementation
(d) Section 49.126 Rule for limiting
plan for the Nooksack Indian Tribe. This
fugitive particulate matter emissions.
plan consists of Federal regulations and
(e) Section 49.129 Rule for limiting
measures which apply within the
emissions of sulfur dioxide.
Reservation of the Nooksack Indian
(f) Section 49.130 Rule for limiting
Tribe.
sulfur in fuels.
§ 49.10462 Approval status.
(g) Section 49.131 General rule for
There are currently no EPA-approved
open burning.
(h) Section 49.135 Rule for emissions
Tribal rules or measures in the
detrimental to public health or welfare.
implementation plan for the Reservation
(i) Section 49.137 Rule for air
of the Nooksack Indian Tribe.
pollution episodes.
§ 49.10463 [Reserved]
(j) Section 49.138 Rule for the
registration of air pollution sources and
§ 49.10464 [Reserved]
the reporting of emissions.
§ 49.10465 Classification of regions for
(k) Section 49.139 Rule for non-Title
episode plans.
V operating permits.
(l) Section 49.140 Rule for residential
The air quality control region which
wood burning devices.
encompasses the Reservation of the
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Nisqually
Reservation.
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
Pollutant
Classification
sulfur in fuels.
(g) Section 49.131 General rule for
Carbon monoxide .................
III open burning.
Nitrogen dioxide ....................
III
(h) Section 49.135 Rule for emissions
Ozone ...................................
III detrimental to public health or welfare.
Particulate matter (PM10) .....
II
(i) Section 49.137 Rule for air
Sulfur oxides .........................
II
pollution episodes.
(j) Section 49.138 Rule for the
§ 49.10466 Contents of implementation
registration of air pollution sources and
plan.
the reporting of emissions.
The implementation plan for the
(k) Section 49.139 Rule for non-Title
Reservation of the Nooksack Indian
V operating permits.
Tribe consists of the following rules,
(l) Section 49.140 Rule for residential
regulations, and measures:
wood burning devices.
(a) Section 49.123 General provisions.
§§ 49.10471–49.10490 [Reserved]
(b) Section 49.124 Rule for limiting
visible emissions.
Implementation Plan for the Port
(c) Section 49.125 Rule for limiting
Gamble S’klallam Tribe, Washington
the emissions of particulate matter.
§ 49.10491 Identification of plan.
(d) Section 49.126 Rule for limiting
This section and §§ 49.10492 through
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
49.10520 contain the implementation
emissions of sulfur dioxide.
plan for the Port Gamble S’Klallam
(f) Section 49.130 Rule for limiting
Tribe. This plan consists of Federal
sulfur in fuels.
regulations and measures which apply
(g) Section 49.131 General rule for
within the Port Gamble S’Klallam
open burning.
Reservation.
(h) Section 49.135 Rule for emissions
§ 49.10492 Approval status.
detrimental to public health or welfare.
There are currently no EPA-approved
(i) Section 49.137 Rule for air
Tribal rules or measures in the
pollution episodes.
implementation plan for the Port
(j) Section 49.138 Rule for the
Gamble S’Klallam Reservation.
registration of air pollution sources and
the reporting of emissions.
§ 49.10493 [Reserved]
(k) Section 49.139 Rule for non-Title
V operating permits.
§ 49.10494 [Reserved]
(l) Section 49.140 Rule for residential
§ 49.10495 Classification of regions for
wood burning devices.
Nooksack Indian Tribe is classified as
follows for purposes of episode plans:
episode plans.
§ 49.10467
[Reserved]
§ 49.10468
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, 40 CFR 52.21, as applicable.
§ 49.10469
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
jspears on DSK121TN23PROD with PROPOSALS3
The following regulations are adopted
and made part of the implementation
plan for the Reservation of the Nooksack
Indian Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
20:44 Oct 11, 2022
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Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10496
plan.
§ 49.10470 Federally-promulgated
regulations and Federal implementation
plans.
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The air quality control region which
encompasses the Port Gamble S’Klallam
Reservation is classified as follows for
purposes of episode plans:
III
III
I
I
IA
Contents of implementation
The implementation plan for the Port
Gamble S’Klallam Reservation consists
of the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
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(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10497 EPA-approved Tribal rules and
plans. [Reserved]
§ 49.10498
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10499
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10500 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Port Gamble S’Klallam
Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10501–49.10520
[Reserved]
Implementation Plan for the Puyallup
Tribe of the Puyallup Reservation,
Washington
§ 49.10521
Identification of plan.
This section and §§ 49.10522 through
49.10550 contain the implementation
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plan for the Puyallup Tribe of the
Puyallup Reservation. This plan
consists of Federal regulations and
measures which apply to trust and
restricted lands within the 1873 Survey
Area of the Puyallup Reservation (the
Puyallup Reservation), consistent with
the Puyallup Tribe of Indians Land
Claims Settlement Act, ratified by
Congress in 1989 (25 U.S.C. 1773).
§ 49.10522
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the lands in
trust that are within the Puyallup
Reservation.
§ 49.10523
[Reserved]
§ 49.10524
[Reserved]
§ 49.10525 Classification of regions for
episode plans.
The air quality control region which
encompasses the lands in trust that are
within the Puyallup Reservation is
classified as follows for purposes of
episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10526
plan.
III
III
I
I
IA
Contents of implementation
The implementation plan for the
lands in trust that are within the
Puyallup Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
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§ 49.10527
[Reserved]
§ 49.10553
[Reserved]
§ 49.10528
Permits to construct.
§ 49.10554
[Reserved]
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10529
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10530 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the lands in trust that are
within the Puyallup Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10531–49.10550
[Reserved]
Implementation Plan For The Quileute
Tribe Of The Quileute Reservation,
Washington
§ 49.10551
Identification of plan.
This section and §§ 49.10552 through
49.10580 contain the implementation
plan for the Quileute Tribe. This plan
consists of Federal regulations and
measures which apply within the
Quileute Reservation.
§ 49.10552
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Quileute
Reservation.
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§ 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 .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10556
plan.
III
III
III
II
II
Contents of implementation
The implementation plan for the
Quileute Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10557
[Reserved]
§ 49.10558
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10559
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10560 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Quileute Reservation:
(a) Section 49.123 General provisions.
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(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10561–49.10580
[Reserved]
Implementation Plan For The Quinault
Indian Nation, Washington
§ 49.10581
Identification of plan.
This section and §§ 49.10582 through
49.10610 contain the implementation
plan for the Quinault Indian Nation.
This plan consists of Federal regulations
and measures which apply within the
Quinault Indian Reservation.
§ 49.10582
Approval status.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10587
[Reserved]
§ 49.10588
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10589
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10590 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Quinault Indian
Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
§ 49.10583 [Reserved]
visible emissions.
§ 49.10584 [Reserved]
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
§ 49.10585 Classification of regions for
(d) Section 49.126 Rule for limiting
episode plans.
fugitive particulate matter emissions.
The air quality control region which
(e) Section 49.129 Rule for limiting
encompasses the Quinault Indian
emissions of sulfur dioxide.
Reservation is classified as follows for
(f) Section 49.130 Rule for limiting
purposes of episode plans:
sulfur in fuels.
(g) Section 49.131 General rule for
Pollutant
Classification
open burning.
(h) Section 49.135 Rule for emissions
Carbon monoxide .................
III
Nitrogen dioxide ....................
III detrimental to public health or welfare.
Ozone ...................................
III
(i) Section 49.137 Rule for air
Particulate matter (PM10) .....
II pollution episodes.
Sulfur oxides .........................
II
(j) Section 49.138 Rule for the
registration of air pollution sources and
§ 49.10586 Contents of implementation
the reporting of emissions.
plan.
(k) Section 49.139 Rule for non-Title
The implementation plan for the
V operating permits.
(l) Section 49.140 Rule for residential
Quinault Indian Reservation consists of
wood burning devices.
the following rules, regulations, and
measures:
Note 1 to § 49.10590: EPA entered into a
(a) Section 49.123 General provisions. Partial Delegation of Administrative
(b) Section 49.124 Rule for limiting
Authority Agreement with the Quinault
visible emissions.
Indian Nation on October 4, 2007 for the
(c) Section 49.125 Rule for limiting
rules listed in paragraphs (b), (g), and (i) of
the emissions of particulate matter.
this section.
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[Reserved]
Implementation Plan for the Samish
Indian Nation, Washington
§ 49.10611
Identification of plan.
This section and §§ 49.10612 through
49.10640 contain the implementation
plan for the Samish Indian Nation. This
plan consists of Federal regulations and
measures which apply within the
Samish Indian Nation Reservation.
Note 1 to § 49.10611: As of [DATE OF
PUBLICATION OF THE FINAL RULE], the
Samish Indian Nation Reservation is
comprised only of lands held in trust for the
Samish Indian Nation.
§ 49.10612
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the lands held
in trust for the Samish Indian Nation
Reservation.
§ 49.10613
[Reserved]
§ 49.10614
[Reserved]
§ 49.10615 Classification of regions for
episode plans.
Permits to operate.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Quinault
Indian Reservation.
§§ 49.10591–49.10610
The air quality control region which
encompasses the lands held in trust for
the Samish Indian Nation Reservation is
classified as follows for purposes of
episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10616
plan.
III
III
III
II
II
Contents of implementation
The implementation plan for the
lands held in trust for the Samish Indian
Nation Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
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(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10617
[Reserved]
§ 49.10618
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10619
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
The following regulations are adopted
and made part of the implementation
plan for the lands held in trust for the
Samish Indian Nation Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
[Reserved]
Implementation Plan for the SaukSuiattle Indian Tribe, Washington
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10641
Identification of plan.
This section and §§ 49.10642 through
49.10670 contain the implementation
plan for the Sauk-Suiattle Indian Tribe.
This plan consists of Federal regulations
and measures which apply within the
Reservation of the Sauk-Suiattle Indian
Tribe.
§ 49.10642
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Reservation
of the Sauk-Suiattle Indian Tribe.
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[Reserved]
§ 49.10644
[Reserved]
§ 49.10645 Classification of regions for
episode plans.
The air quality control region which
encompasses the Reservation of the
Sauk-Suiattle Indian Tribe is classified
as follows for purposes of episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10646
plan.
§ 49.10620 Federally-promulgated
regulations and Federal implementation
plans.
§§ 49.10621–49.10640
§ 49.10643
III
III
I
I
IA
Contents of implementation
The implementation plan for the
Reservation of the Sauk-Suiattle Indian
Tribe consists of the following rules,
regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10651–49.10670
[Reserved]
Implementation Plan for the
Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation,
Washington
§ 49.10671
Identification of plan.
This section and §§ 49.10672 through
49.10700 contain the implementation
plan for the Shoalwater Bay Indian
Tribe of the Shoalwater Bay Indian
Reservation. This plan consists of
Federal regulations and measures which
apply within the Shoalwater Bay Indian
Reservation.
§ 49.10672
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Shoalwater
Bay Indian Reservation.
§ 49.10673
[Reserved]
[Reserved]
§ 49.10647
[Reserved]
§ 49.10674
§ 49.10648
Permits to construct.
§ 49.10675 Classification of regions for
episode plans.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10649
Permits to operate.
Pollutant
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10650 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Reservation of the SaukSuiattle Indian Tribe:
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encompasses the Shoalwater Bay Indian
Reservation is classified as follows for
purposes of episode plans:
Fmt 4701
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Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10676
plan.
Contents of implementation
The implementation plan for the
Shoalwater Bay Indian Reservation
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consists of the following rules,
regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10677
[Reserved]
§ 49.10678
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.2, as applicable.
§ 49.10679
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10680 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Shoalwater Bay Indian
Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
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Implementation Plan for the ShoshoneBannock Tribes of the Fort Hall
Reservation, Idaho
(l) Section 49.140 Rule for residential
wood burning devices.
(m) Section 49.10711 Federal
Implementation Plan for the AstarisIdaho LLC Facility (formerly owned by
FMC Corporation) in the Fort Hall PM–
10 Nonattainment Area.
§ 49.10701
§ 49.10707
[Reserved]
§ 49.10708
Permits to construct.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10681–49.10700
[Reserved]
Identification of plan.
This section and §§ 49.10702 through
49.10730 contain the implementation
plan for the Shoshone-Bannock Tribes
of the Fort Hall Reservation. This plan
consists of Federal regulations and
measures which apply within the Fort
Hall Reservation.
§ 49.10702
§ 49.10709
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Fort Hall
Reservation.
§ 49.10703
[Reserved]
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10710 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
§ 49.10705 Classification of regions for
plan for the Fort Hall Reservation:
episode plans.
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
The air quality control region which
visible emissions.
encompasses the Fort Hall Reservation
(c) Section 49.125 Rule for limiting
is classified as follows for purposes of
the emissions of particulate matter.
episode plans:
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
Pollutant
Classification
(e) Section 49.129 Rule for limiting
Carbon monoxide .................
III emissions of sulfur dioxide.
Nitrogen dioxide ....................
III
(f) Section 49.130 Rule for limiting
Ozone ...................................
III sulfur in fuels.
Particulate matter (PM10) .....
I
(g) Section 49.131 General rule for
Sulfur oxides .........................
II
open burning.
(h) Section 49.135 Rule for emissions
§ 49.10706 Contents of implementation
detrimental to public health or welfare.
plan.
(i) Section 49.137 Rule for air
The implementation plan for the Fort
pollution episodes.
Hall Reservation consists of the
(j) Section 49.138 Rule for the
following rules, regulations, and
registration of air pollution sources and
measures:
the reporting of emissions.
(a) Section 49.123 General provisions.
(k) Section 49.139 Rule for non-Title
(b) Section 49.124 Rule for limiting
V operating permits.
visible emissions.
(l) Section 49.140 Rule for residential
(c) Section 49.125 Rule for limiting
wood burning devices.
the emissions of particulate matter.
(m) Section 49.10711 Federal
(d) Section 49.126 Rule for limiting
Implementation Plan for the Astarisfugitive particulate matter emissions.
Idaho LLC Facility (formerly owned by
(e) Section 49.129 Rule for limiting
FMC Corporation) in the Fort Hall PM–
emissions of sulfur dioxide.
10 Nonattainment Area.
(f) Section 49.130 Rule for limiting
■ 6. Revise §§ 49.10731 through
sulfur in fuels.
49.10956 to read as follows:
(g) Section 49.131 General rule for
*
*
*
*
*
open burning.
Sec.
(h) Section 49.135 Rule for emissions
Implementation Plan for the Confederated
detrimental to public health or welfare.
Tribes of Siletz Indians of Oregon
(i) Section 49.137 Rule for air
49.10731 Identification of plan.
pollution episodes.
49.10732 Approval status.
(j) Section 49.138 Rule for the
49.10733 [Reserved]
registration of air pollution sources and
49.10734 [Reserved]
the reporting of emissions.
49.10735 Classification of regions for
(k) Section 49.139 Rule for non-Title
episode plans.
V operating permits.
49.10736 Contents of implementation plan.
§ 49.10704
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
49.10737 [Reserved]
49.10738 Permits to construct.
49.10739 Permits to operate.
49.10740 Federally-promulgated
regulations and Federal implementation
plans.
49.10741–49.10760 [Reserved]
Implementation Plan for the Skokomish
Indian Tribe, Washington
49.10761 Identification of plan.
49.10762 Approval status.
49.10763 [Reserved]
49.10764 [Reserved]
49.10765 Classification of regions for
episode plans.
49.10766 Contents of implementation plan.
49.10767 [Reserved]
49.10768 Permits to construct.
49.10769 Permits to operate.
49.10770 Federally-promulgated
regulations and Federal implementation
plans.
49.10771–49.10790 [Reserved]
Implementation Plan for the Snoqualmie
Indian Tribe, Washington
49.10791 Identification of plan.
49.10792 Approval status.
49.10793 [Reserved]
49.10794 [Reserved]
49.10795 Classification of regions for
episode plans.
49.10796 Contents of implementation plan.
49.10797 [Reserved]
49.10798 Permits to construct.
49.10799 Permits to operate.
49.10800 Federally-promulgated
regulations and Federal implementation
plans.
49.10801–49.10820 [Reserved]
jspears on DSK121TN23PROD with PROPOSALS3
Implementation Plan for the Spokane Tribe
of the Spokane Reservation, Washington
49.10821 Identification of plan.
49.10822 Approval status.
49.10823 [Reserved]
49.10824 [Reserved]
49.10825 Classification of regions for
episode plans.
49.10826 Contents of implementation plan.
49.10827 [Reserved]
49.10828 Permits to construct.
49.10829 Permits to operate.
49.10830 Federally-promulgated
regulations and Federal implementation
plans.
49.10831–49.10850 [Reserved]
Implementation Plan for the Squaxin Island
Tribe of the Squaxin Island Reservation,
Washington
49.10851 Identification of plan.
49.10852 Approval status.
49.10853 [Reserved]
49.10854 [Reserved]
49.10855 Classification of regions for
episode plans.
49.10856 Contents of implementation plan.
49.10857 [Reserved]
49.10858 Permits to construct.
49.10859 Permits to operate.
49.10860 Federally-promulgated
regulations and Federal implementation
plans.
49.10861–49.10880 [Reserved]
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Implementation Plan for the Stillaguamish
Tribe of Indians of Washington
49.10881 Identification of plan.
49.10882 Approval status.
49.10883 [Reserved]
49.10884 [Reserved]
49.10885 Classification of regions for
episode plans.
49.10886 Contents of implementation plan.
49.10887 [Reserved]
49.10888 Permits to construct.
49.10889 Permits to operate.
49.10890 Federally-promulgated
regulations and Federal implementation
plans.
49.10891–49.10920 [Reserved]
Implementation Plan for the Suquamish
Indian Tribe of the Port Madison
Reservation, Washington
49.10921 Identification of plan.
49.10922 Approval status.
49.10923 [Reserved]
49.10924 [Reserved]
49.10925 Classification of regions for
episode plans.
49.10926 Contents of implementation plan.
49.10927 [Reserved]
49.10928 Permits to construct.
49.10929 Permits to operate.
49.10930 Federally-promulgated
regulations and Federal implementation
plans.
49.10931–49.10950 [Reserved]
Implementation Plan for the Swinomish
Indian Tribal Community, Washington
49.10951 Identification of plan.
49.10952 Approval status.
49.10953 [Reserved]
49.10954 [Reserved]
49.10955 Classification of regions for
episode plans.
49.10956 Contents of implementation plan.
*
*
*
*
*
Implementation Plan for the
Confederated Tribes of Siletz Indians of
Oregon
§ 49.10731
Identification of plan.
This section and §§ 49.10732 through
49.10760 contain the implementation
plan for the Confederated Tribes of
Siletz Indians. This plan consists of
Federal regulations and measures which
apply within the Siletz Reservation.
§ 49.10732
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Siletz
Reservation.
§ 49.10733
[Reserved]
§ 49.10734
[Reserved]
§ 49.10735 Classification of regions for
episode plans.
The air quality control region which
encompasses the Siletz Reservation is
classified as follows for purposes of
episode plans:
PO 00000
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Sfmt 4702
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10736
plan.
III
III
III
III
III
Contents of implementation
The implementation plan for the
Siletz Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10737
[Reserved]
§ 49.10738
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10739
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10740 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Siletz Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
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(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permit.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10741–49.10760
[Reserved]
Implementation Plan for the Skokomish
Indian Tribe, Washington
§ 49.10761
Identification of plan.
This section and §§ 49.10762 through
49.10790 contain the implementation
plan for the Skokomish Indian Tribe.
This plan consists of Federal regulations
and measures which apply within the
Skokomish Reservation.
§ 49.10762
Approval status.
jspears on DSK121TN23PROD with PROPOSALS3
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Skokomish
Reservation.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10767
[Reserved]
§ 49.10768
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21 and, as
applicable.
§ 49.10769
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10770 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Skokomish Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
§ 49.10763 [Reserved]
visible emissions.
§ 49.10764 [Reserved]
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
§ 49.10765 Classification of regions for
(d) Section 49.126 Rule for limiting
episode plans.
fugitive particulate matter emissions.
The air quality control region which
(e) Section 49.129 Rule for limiting
encompasses the Skokomish
emissions of sulfur dioxide.
Reservation is classified as follows for
(f) Section 49.130 Rule for limiting
purposes of episode plans:
sulfur in fuels.
(g) Section 49.131 General rule for
Pollutant
Classification
open burning.
(h) Section 49.135 Rule for emissions
Carbon monoxide .................
III
Nitrogen dioxide ....................
III detrimental to public health or welfare.
(i) Section 49.137 Rule for air
Ozone ...................................
III
Particulate matter (PM10) .....
II pollution episodes.
Sulfur oxides .........................
II
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
§ 49.10766 Contents of implementation
(k) Section 49.139 Rule for non-Title
plan.
V operating permits.
The implementation plan for the
(l) Section 49.140 Rule for residential
Skokomish Reservation consists of the
wood burning devices.
following rules, regulations, and
measures:
§§ 49.10771–49.10790 [Reserved]
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
Implementation Plan for the
visible emissions.
Snoqualmie Indian Tribe, Washington
(c) Section 49.125 Rule for limiting
§ 49.10791 Identification of plan.
the emissions of particulate matter.
This section and §§ 49.10792 through
(d) Section 49.126 Rule for limiting
49.10820 contain the implementation
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
plan for the Snoqualmie Indian Tribe.
emissions of sulfur dioxide.
This plan consists of Federal regulations
(f) Section 49.130 Rule for limiting
and measures which apply within the
sulfur in fuels.
Snoqualmie Indian Reservation.
(g) Section 49.131 General rule for
§ 49.10792 Approval status.
open burning.
(h) Section 49.135 Rule for emissions
There are currently no EPA-approved
detrimental to public health or welfare.
Tribal rules or measures in the
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implementation plan for the
Snoqualmie Indian Reservation.
§ 49.10793
[Reserved]
§ 49.10794
[Reserved]
§ 49.10795 Classification of regions for
episode plans.
The air quality control region which
encompasses the Snoqualmie Indian
Reservation is classified as follows for
purposes of episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10796
plan.
III
III
I
I
IA
Contents of implementation
The implementation plan for the
Snoqualmie Indian Reservation consists
of the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10797
[Reserved]
§ 49.10798
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10799
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10800 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
E:\FR\FM\12OCP3.SGM
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
plan for the Snoqualmie Indian
Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10801–49.10820
[Reserved]
Implementation Plan for the Spokane
Tribe of the Spokane Reservation,
Washington
§ 49.10821
Identification of plan.
This section and §§ 49.10822 through
49.10850 contain the implementation
plan for the Spokane Tribe. This plan
consists of Federal regulations and
measures which apply within the
Spokane Reservation.
§ 49.10822
[Reserved]
§ 49.10828
Permits to construct.
(a) Permits to construct are required
for new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
(b) In accordance with section 164 of
the Clean Air Act and the provisions of
40 CFR 52.21(g), the Spokane Indian
Reservation is designated as a Class I
area for the purposes of preventing
significant deterioration of air quality.
[Reserved]
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10830 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
§ 49.10825 Classification of regions for
plan for the Spokane Reservation:
episode plans.
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
The air quality control region which
encompasses the Spokane Reservation is visible emissions.
(c) Section 49.125 Rule for limiting
classified as follows for purposes of
the emissions of particulate matter.
episode plans:
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
Pollutant
Classification
(e) Section 49.129 Rule for limiting
Carbon monoxide .................
III emissions of sulfur dioxide.
Nitrogen dioxide ....................
III
(f) Section 49.130 Rule for limiting
Ozone ...................................
III sulfur in fuels.
Particulate matter (PM10) .....
II
(g) Section 49.131 General rule for
Sulfur oxides .........................
III
open burning.
(h) Section 49.135 Rule for emissions
§ 49.10826 Contents of implementation
detrimental to public health or welfare.
plan.
(i) Section 49.137 Rule for air
The implementation plan for the
pollution episodes.
Spokane Reservation consists of the
(j) Section 49.138 Rule for the
following rules, regulations, and
registration of air pollution sources and
measures:
the reporting of emissions.
§ 49.10824
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10827
§ 49.10829
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Spokane
Reservation.
§ 49.10823
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
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20:44 Oct 11, 2022
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(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10831–49.10850
[Reserved]
Implementation Plan for the Squaxin
Island Tribe of the Squaxin Island
Reservation, Washington
§ 49.10851
Identification of plan.
This section and §§ 49.10852 through
49.10880 contain the implementation
plan for the Squaxin Island Tribe of the
Squaxin Island Reservation. This plan
consists of Federal regulations and
measures which apply within the
Squaxin Island Reservation.
§ 49.10852
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Squaxin
Island Reservation.
§ 49.10853
[Reserved]
§ 49.10854
[Reserved]
§ 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 .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10856
plan.
III
III
III
II
II
Contents of implementation
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.
E:\FR\FM\12OCP3.SGM
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10883
[Reserved]
§ 49.10884
[Reserved]
§ 49.10857
[Reserved]
§ 49.10858
Permits to construct.
The air quality control region which
encompasses the Reservation of the
Stillaguamish Tribe of Indians is
classified as follows for purposes of
episode plans:
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, 40 CFR 52.21, as applicable.
Pollutant
Classification
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10860 Federally-promulgated
regulations and Federal implementation
plans.
§ 49.10886
plan.
§ 49.10859
Permits to operate.
The following regulations are adopted
and made part of the implementation
plan for the Squaxin Island Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10861–49.10880
[Reserved]
Implementation Plan for the
Stillaguamish Tribe of Indians of
Washington
§ 49.10881
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10885 Classification of regions for
episode plans.
Identification of plan.
This section and §§ 49.10882 through
49.10920 contain the implementation
plan for the Stillaguamish Tribe of
Indians. This plan consists of Federal
regulations and measures which apply
within the Reservation of the
Stillaguamish Tribe of Indians.
§ 49.10882
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Reservation
of the Stillaguamish Tribe of Indians.
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III
III
I
I
IA
Contents of implementation
The implementation plan for the
Reservation of the Stillaguamish Tribe
of Indians consists of the following
rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10887
[Reserved]
§ 49.10888
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10889
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10890 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Reservation of the
Stillaguamish Tribe of Indians:
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(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10891–49.10920
[Reserved]
Implementation Plan for the Suquamish
Indian Tribe of the Port Madison
Reservation, Washington
§ 49.10921
Identification of plan.
This section and §§ 49.10922 through
49.10950 contain the implementation
plan for the Suquamish Indian Tribe of
the Port Madison Reservation. This plan
consists of Federal regulations and
measures which apply within the Port
Madison Reservation.
§ 49.10922
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Port
Madison Reservation.
§ 49.10923
[Reserved]
§ 49.10924
[Reserved]
§ 49.10925 Classification of regions for
episode plans.
The air quality control region which
encompasses the Port Madison
Reservation is classified as follows for
purposes of episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10926
plan.
III
III
III
II
II
Contents of implementation
The implementation plan for the Port
Madison Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
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(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.10931–49.10950
§ 49.10927
[Reserved]
§ 49.10955 Classification of regions for
episode plans.
§ 49.10928
Permits to construct.
The air quality control region which
encompasses the Swinomish
Reservation is classified as follows for
purposes of episode plans:
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10929
Permits to operate.
[Reserved]
Implementation Plan for the Swinomish
Indian Tribal Community, Washington
§ 49.10951
Identification of plan.
This section and §§ 49.10952 through
49.10980 contain the implementation
plan for the Swinomish Indian Tribal
Community. This plan consists of a
combination of Tribal rules and
measures and Federal regulations and
measures which apply within the
Swinomish Reservation.
§ 49.10952
Approval status.
The implementation plan for the
Swinomish Reservation includes the
EPA-approved Tribal rules and
measures incorporated by reference in
§ 49.10957.
§ 49.10953
[Reserved]
§ 49.10954
[Reserved]
§ 49.10957
plans.
*
*
*
*
(b) * * *
(3) * * * For information on the
availability of this material at NARA,
contact the Office of the Federal
Register—email: fr.inspection@nara.gov;
website: www.archives.gov/federalregister/cfr/ibr-locations.html.
*
*
*
*
*
■ 8. Revise §§ 49.10958 through
49.11111 to read as follows:
Sec.
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10930 Federally-promulgated
regulations and Federal implementation
plans.
§ 49.10956
plan.
The following regulations are adopted
and made part of the implementation
plan for the Port Madison Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
The implementation plan for the
Swinomish Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) [Reserved]
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
20:44 Oct 11, 2022
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III
III
III
II
II
Contents of implementation
Fmt 4701
Sfmt 4702
EPA-approved Tribal rules and
*
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
VerDate Sep<11>2014
(m) The EPA-approved Tribal open
burning rules and measures approved in
§ 49.10957 of this chapter.
(1) Title, authority, jurisdiction,
definitions.
(2) Open burning.
(3) Public involvement.
(4) Appeals.
(5) Repealer, severability and effective
date.
(6) Enforcement.
(7) Hearings, Appeals, computation of
time and law applicable.
7. Amend § 49.10957 by revising the
last sentence of paragraph (b)(3) to read
as follows:
*
Pollutant
61935
*
*
*
*
49.10958 Permits to construct.
49.10959 Permits to operate.
49.10960 Federally-promulgated
regulations and Federal implementation
plans.
49.10961–49.10980 [Reserved]
Implementation Plan for the Tulalip Tribes
of Washington
49.10981 Identification of plan.
49.10982 Approval status.
49.10983 [Reserved]
49.10984 [Reserved]
49.10985 Classification of regions for
episode plans.
49.10986 Contents of implementation plan.
49.10987 [Reserved]
49.10988 Permits to construct.
49.10989 Permits to operate.
49.10990 Federally-promulgated
regulations and Federal implementation
plans.
49.10991–49.11010 [Reserved]
Implementation Plan for the Confederated
Tribes of the Umatilla Indian Reservation,
Oregon
49.11011 Identification of plan.
49.11012 Approval status.
49.11013 [Reserved]
49.11014 [Reserved]
49.11015 Classification of regions for
episode plans.
49.11016 Contents of implementation plan.
49.11017 [Reserved]
49.11018 Permits to construct.
49.11019 Permits to operate.
49.11020 Federally-promulgated
regulations and Federal implementation
plans.
49.11021 Permits for large open burning,
agricultural burning, forestry and
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silvicultural burning, and small open
burning annual permits.
49.11022–49.11040 [Reserved]
§ 49.10960 Federally-promulgated
regulations and Federal implementation
plans.
Implementation Plan for the Upper Skagit
Indian Tribe, Washington
49.11041 Identification of plan.
49.11042 Approval status.
49.11043 [Reserved]
49.11044 [Reserved]
49.11045 Classification of regions for
episode plans.
49.11046 Contents of implementation plan.
49.11047 [Reserved]
49.11048 Permits to construct.
49.11049 Permits to operate.
49.11050 Federally-promulgated
regulations and Federal implementation
plans.
49.11051–49.11070 [Reserved]
Implementation Plan for the Confederated
Tribes of the Warm Springs Reservation of
Oregon
49.11071 Identification of plan.
49.11072 Approval status.
49.11073 [Reserved]
49.11074 [Reserved]
49.11075 Classification of regions for
episode plans.
49.11076 Contents of implementation plan.
49.11077 [Reserved]
49.11078 Permits to construct.
49.11079 Permits to operate.
49.11080 Federally-promulgated
regulations and Federal implementation
plans.
49.11081–49.11100 [Reserved]
Implementation Plan for the Confederated
Tribes and Bands of the Yakama Nation,
Washington
49.11101 Identification of plan.
49.11102 Approval status.
49.11103 [Reserved]
49.11104 [Reserved]
49.11105 Classification of regions for
episode plans.
49.11106 Contents of implementation plan.
49.11107 [Reserved]
49.11108 Permits to construct.
49.11109 Permits to operate.
49.11110 Federally-promulgated
regulations and Federal implementation
plans.
49.11111 Permits for large open burning,
agricultural burning and small open
burning annual permits.
*
*
*
jspears on DSK121TN23PROD with PROPOSALS3
§ 49.10958
*
*
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
VerDate Sep<11>2014
§§ 49.10961–49.10980
§ 49.10981
20:44 Oct 11, 2022
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Identification of plan.
This section and §§ 49.10982 through
49.11010 contain the implementation
plan for the Tulalip Tribes. This plan
consists of Federal regulations and
measures which apply within the
Tulalip Reservation.
§ 49.10982
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Tulalip
Reservation.
§ 49.10983
[Reserved]
§ 49.10984
[Reserved]
§ 49.10985 Classification of regions for
episode plans.
The air quality control region which
encompasses the Tulalip Reservation is
classified as follows for purposes of
episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.10986
plan.
III
III
I
I
IA
Contents of implementation
The implementation plan for the
Tulalip Reservation consists of the
PO 00000
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§ 49.10987
[Reserved]
§ 49.10988
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
[Reserved]
Implementation Plan for the Tulalip
Tribes of Washington
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.10959
The following regulations are adopted
and made part of the implementation
plan for the Swinomish Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) [Reserved]
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.10989
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.10990 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Tulalip Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
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§§ 49.10991–49.11010
[Reserved]
Implementation Plan for the
Confederated Tribes of the Umatilla
Indian Reservation, Oregon
§ 49.11011
Identification of plan.
This section and §§ 49.11012 through
49.11040 contain the implementation
plan for the Confederated Tribes of the
Umatilla Indian Reservation. This plan
consists of Federal regulations and
measures which apply within the
Umatilla Indian Reservation.
§ 49.11012
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Umatilla
Indian Reservation.
§ 49.11013
[Reserved]
§ 49.11014
[Reserved]
(n) Section 49.139 Rule for non-Title
V operating permits.
(o) Section 49.140 Rule for residential
wood burning devices.
(p) Section 49.142 Rule for small open
burning annual permits.
§ 49.11017
[Reserved]
§ 49.11018
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.11019
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.11020 Federally-promulgated
regulations and Federal implementation
plans.
§ 49.11015 Classification of regions for
episode plans.
The following regulations are adopted
and made part of the implementation
plan for the Umatilla Indian
Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
Pollutant
Classification
visible emissions.
(c) Section 49.125 Rule for limiting
Carbon monoxide .................
III
the
emissions of particulate matter.
Nitrogen dioxide ....................
III
(d) Section 49.126 Rule for limiting
Ozone ...................................
III
Particulate matter (PM10) .....
II fugitive particulate matter emissions.
Sulfur oxides .........................
III
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
§ 49.11016 Contents of implementation
(f) Section 49.130 Rule for limiting
plan.
sulfur in fuels.
The implementation plan for the
(g) Section 49.131 General rule for
Umatilla Indian Reservation consists of
open burning.
the following rules, regulations, and
(h) Section 49.132 Rule for large open
measures:
burning permits.
(a) Section 49.123 General provisions.
(i) Section 49.133 Rule for agriculture
(b) Section 49.124 Rule for limiting
burning
permits.
visible emissions.
(j) Section 49.134 Rule for forestry
(c) Section 49.125 Rule for limiting
and silvicultural burning permits.
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
(k) Section 49.135 Rule for emissions
fugitive particulate matter emissions.
detrimental to public health or welfare.
(e) Section 49.129 Rule for limiting
(l) Section 49.137 Rule for air
emissions of sulfur dioxide.
pollution episodes.
(f) Section 49.130 Rule for limiting
(m) Section 49.138 Rule for the
sulfur in fuels.
registration of air pollution sources and
(g) Section 49.131 General rule for
the reporting of emissions.
open burning.
(n) Section 49.139 Rule for non-Title
(h) Section 49.132 Rule for large open
V
operating
permits.
burning permits.
(o) Section 49.140 Rule for residential
(i) Section 49.133 Rule for agriculture
wood burning devices.
burning permits.
(j) Section 49.134 Rule for forestry
(p) Section 49.142 Rule for small open
and silvicultural burning permits.
burning annual permits.
(k) Section 49.135 Rule for emissions
Note 1 to § 49.11020: EPA entered into a
detrimental to public health or welfare.
Partial Delegation of Administrative
(l) Section 49.137 Rule for air
Authority Agreement with the Confederated
pollution episodes.
Tribes of the Umatilla Indian Reservation on
(m) Section 49.138 Rule for the
August 21, 2006 for the rules listed in
registration of air pollution sources and
paragraphs (a), (g), (h), (i), (j) and (l) of this
the reporting of emissions.
section.
jspears on DSK121TN23PROD with PROPOSALS3
The air quality control region which
encompasses the Umatilla Indian
Reservation is classified as follows for
purposes of episode plans:
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§ 49.11021 Permits for large open burning,
agricultural burning, forestry and
silvicultural burning, and small open
burning annual permits.
(a) From June 7, 2005 through
December 31, 2023, small open burns
and large open burns are subject to the
permitting requirements of § 49.132.
(b) Beginning January 1, 2024, large
open burns are subject to the permitting
requirements of § 49.132.
(c) Beginning January 1, 2007,
agricultural burns are subject to the
permitting requirements of § 49.133.
(d) Beginning January 1, 2007, forestry
or silvicultural burns are subject to the
permitting requirements of § 49.134.
(e) Beginning January 1, 2024, small
open burns are subject to the permitting
requirements of § 49.142.
§§ 49.11022–49.11040
[Reserved]
Implementation Plan for the Upper
Skagit Indian Tribe, Washington
§ 49.11041
Identification of plan.
This section and §§ 49.11042 through
49.11070 contain the implementation
plan for the Upper Skagit Indian Tribe.
This plan consists of Federal regulations
and measures which apply within the
Upper Skagit Reservation.
§ 49.11042
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Upper
Skagit Reservation.
§ 49.11043
[Reserved]
§ 49.11044
[Reserved]
§ 49.11045 Classification of regions for
episode plans.
The air quality control region which
encompasses the Upper Skagit
Reservation is classified as follows for
purposes of episode plans:
Pollutant
Classification
Carbon monoxide .................
Nitrogen dioxide ....................
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.11046
plan.
III
III
III
II
II
Contents of implementation
The implementation plan for the
Upper Skagit Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
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(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits.
(l) Section 49.140 Rule for residential
wood burning devices.
§ 49.11047
[Reserved]
§ 49.11048
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.11049
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.11050 Federally-promulgated
regulations and Federal implementation
plans.
jspears on DSK121TN23PROD with PROPOSALS3
The following regulations are adopted
and made part of the implementation
plan for the Upper Skagit Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(i) Section 49.137 Rule for air
pollution episodes.
(j) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
V operating permits
(l) Section 49.140 Rule for residential
wood burning devices.
§§ 49.11051–49.11070
[Reserved]
Implementation Plan for the
Confederated Tribes of the Warm
Springs Reservation of Oregon
§ 49.11071
Identification of plan.
This section and §§ 49.11072 through
49.11100 contain the implementation
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20:44 Oct 11, 2022
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plan for the Confederated Tribes of the
Warm Springs Reservation. This plan
consists of Federal regulations and
measures which apply within the Warm
Springs Reservation.
§ 49.11072
Approval status.
There are currently no EPA-approved
Tribal rules or measures in the
implementation plan for the Warm
Springs Reservation.
§ 49.11079
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.11080 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are adopted
and made part of the implementation
plan for the Warm Springs Reservation:
(a) Section 49.123 General provisions.
§ 49.11073 [Reserved]
(b) Section 49.124 Rule for limiting
visible emissions.
§ 49.11074 [Reserved]
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
§ 49.11075 Classification of regions for
(d) Section 49.126 Rule for limiting
episode plans.
fugitive particulate matter emissions.
The air quality control region which
(e) Section 49.129 Rule for limiting
encompasses the Warm Springs
emissions of sulfur dioxide.
Reservation is classified as follows for
(f) Section 49.130 Rule for limiting
purposes of episode plans:
sulfur in fuels.
(g) Section 49.131 General rule for
Pollutant
Classification
open burning.
(h) Section 49.135 Rule for emissions
Carbon monoxide .................
III
Nitrogen dioxide ....................
III detrimental to public health or welfare.
Ozone ...................................
III
(i) Section 49.137 Rule for air
Particulate matter (PM10) .....
II pollution episodes.
Sulfur oxides .........................
III
(j) Section 49.138 Rule for the
registration of air pollution sources and
§ 49.11076 Contents of implementation
the reporting of emissions.
plan.
(k) Section 49.139 Rule for non-Title
V operating permits.
The implementation plan for the
(l) Section 49.140 Rule for residential
Warm Springs Reservation consists of
wood burning devices.
the following rules, regulations, and
measures:
§§ 49.11081–49.11100 [Reserved]
(a) Section 49.123 General provisions.
Implementation Plan for the
(b) Section 49.124 Rule for limiting
Confederated Tribes and Bands of the
visible emissions.
Yakama Nation, Washington
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
§ 49.11101 Identification of plan.
(d) Section 49.126 Rule for limiting
This section and §§ 49.11102 through
fugitive particulate matter emissions.
49.11130 contain the implementation
(e) Section 49.129 Rule for limiting
plan for the Confederated Tribes and
emissions of sulfur dioxide.
Bands of the Yakama Nation. This plan
(f) Section 49.130 Rule for limiting
consists of Federal regulations and
sulfur in fuels.
measures which apply within the
(g) Section 49.131 General rule for
Yakama Reservation.
open burning.
§ 49.11102 Approval status.
(h) Section 49.135 Rule for emissions
detrimental to public health or welfare.
There are currently no EPA-approved
(i) Section 49.137 Rule for air
Tribal rules or measures in the
pollution episodes.
implementation plan for the Yakama
(j) Section 49.138 Rule for the
Reservation.
registration of air pollution sources and
§ 49.11103 [Reserved]
the reporting of emissions.
(k) Section 49.139 Rule for non-Title
§ 49.11104 [Reserved]
V operating permits.
§ 49.11105 Classification of regions for
(l) Section 49.140 Rule for residential
episode plans.
wood burning devices.
The air quality control region which
§ 49.11077 [Reserved]
encompasses the Yakama Reservation is
classified as follows for purposes of
§ 49.11078 Permits to construct.
episode plans:
Permits to construct are required for
new stationary sources and
Pollutant
Classification
modifications to existing stationary
sources pursuant to §§ 49.151 through
Carbon monoxide .................
III
49.173, and 40 CFR 52.21, as applicable. Nitrogen dioxide ....................
III
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
Pollutant
(o) Section 49.141 Rule for
curtailment of residential wood burning
III devices for specific areas.
I
(p) Section 49.142 Rule for small open
III burning annual permits.
Classification
Ozone ...................................
Particulate matter (PM10) .....
Sulfur oxides .........................
§ 49.11106
plan.
Contents of implementation
The implementation plan for the
Yakama Reservation consists of the
following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.132 Rule for large open
burning permits.
(i) Section 49.133 Rule for agricultural
burning permits.
(j) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(k) Section 49.137 Rule for air
pollution episodes.
(l) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(m) Section 49.139 Rule for non-Title
V operating permits.
(n) Section 49.140 Rule for residential
wood burning devices.
§ 49.11107
[Reserved]
§ 49.11108
Permits to construct.
Permits to construct are required for
new stationary sources and
modifications to existing stationary
sources pursuant to §§ 49.151 through
49.173, and 40 CFR 52.21, as applicable.
§ 49.11109
Permits to operate.
Permits to operate are required for
sources in accordance with the
requirements of § 49.139.
§ 49.11110 Federally-promulgated
regulations and Federal implementation
plans.
The following regulations are
incorporated and made part of the
implementation plan for the Yakama
Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting
visible emissions.
(c) Section 49.125 Rule for limiting
the emissions of particulate matter.
(d) Section 49.126 Rule for limiting
fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting
emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting
sulfur in fuels.
(g) Section 49.131 General rule for
open burning.
(h) Section 49.132 Rule for large open
burning permits.
(i) Section 49.133 Rule for agricultural
burning permits.
(j) Section 49.135 Rule for emissions
detrimental to public health or welfare.
(k) Section 49.137 Rule for air
pollution episodes.
(l) Section 49.138 Rule for the
registration of air pollution sources and
the reporting of emissions.
(m) Section 49.139 Rule for non-Title
V operating permits.
(n) Section 49.140 Rule for residential
wood burning devices.
(o) Section 49.141 Rule for
curtailment of residential wood burning
devices for specific areas.
(p) Section 49.142 Rule for small open
burning annual permits.
§ 49.11111 Permits for large open burning,
agricultural burning and small open burning
annual permits.
(a) Beginning [date to be determined]
large open burns are subject to the
permitting requirements of § 49.132.
(b) Beginning [date to be determined],
agricultural burns are subject to the
permitting requirements of § 49.133.
(c) Beginning [date to be determined],
small open burns are subject to the
permitting requirements of § 49.142.
■ 9. Designate the appendix to subpart
M of part 49 as appendix A to subpart
M of part 49 and revise newlydesignated appendix A to read as
follows:
Appendix A to Subpart M—
Alphabetical Listing of Tribes and
Corresponding Sections
Refer to the following
sections in subpart M
jspears on DSK121TN23PROD with PROPOSALS3
Indian tribe
Burns Paiute Tribe, Oregon ............................................................................................................................................
Chehalis Reservation, Washington—Confederated Tribes of the .................................................................................
Coeur D’Alene Tribe, Idaho ............................................................................................................................................
Colville Reservation, Washington—Confederated Tribes of the ....................................................................................
Coos, Lower Umpqua and Siuslaw Indians, Oregon—Confederated Tribes of the ......................................................
Coquille Indian Tribe, Oregon ........................................................................................................................................
Cow Creek Band of Umpqua Tribe of Indians Oregon ..................................................................................................
Cowlitz Indian Tribe, Washington ...................................................................................................................................
Grand Ronde Community of Oregon—Confederated Tribes of the ..............................................................................
Hoh Indian Tribe, Washington ........................................................................................................................................
Jamestown S’Klallam Tribe, Washington .......................................................................................................................
Kalispel Indian Community of the Kalispel Reservation, Washington ...........................................................................
Klamath Tribes, Oregon .................................................................................................................................................
Kootenai Tribe of Idaho ..................................................................................................................................................
Lower Elwha Tribal Community, Washington ................................................................................................................
Lummi Tribe of the Lummi Reservation, Washington ....................................................................................................
Makah Indian Tribe of the Makah Indian Reservation, Washington ..............................................................................
Muckleshoot Indian Tribe, Washington ..........................................................................................................................
Nez Perce Tribe, Idaho ..................................................................................................................................................
Nisqually Indian Tribe, Washington ................................................................................................................................
Nooksack Indian Tribe, Washington ...............................................................................................................................
Port Gamble S’Klallam Tribe, Washington .....................................................................................................................
Puyallup Tribe of the Puyallup Reservation, Washington ..............................................................................................
Quileute Tribe of the Quileute Reservation, Washington ...............................................................................................
Quinault Indian Nation, Washington ...............................................................................................................................
Samish Indian Nation, Washington ................................................................................................................................
Sauk-Suiattle Indian Tribe, Washington .........................................................................................................................
Shoalwater Bay Tribe of the Shoalwater Bay Indian Reservation, Washington ............................................................
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§§ 49.9861 to 49.9890.
§§ 49.9891 to 49.9920.
§§ 49.9921 to 49.9950.
§§ 49.9951 to 49.9980.
§§ 49.9981 to 49.10010.
§§ 49.10011 to 49.10040.
§§ 49.10041 to 49.10070.
§§ 49.10071 to 49.10100.
§§ 49.10101 to 49.10130.
§§ 49.10131 to 49.10160.
§§ 49.10161 to 49.10190.
§§ 49.10191 to 49.10220.
§§ 49.10221 to 49.10250.
§§ 49.10251 to 49.10280.
§§ 49.10281 to 49.10310.
§§ 49.10311 to 49.10340.
§§ 49.10341 to 49.10370.
§§ 49.10371 to 49.10400.
§§ 49.10401 to 49.10430.
§§ 49.10431 to 49.10460.
§§ 49.10461 to 49.10490.
§§ 49.10491 to 49.10520.
§§ 49.10521 to 49.10550.
§§ 49.10551 to 49.10580.
§§ 49.10581 to 49.10610.
§§ 49.10611 to 49.10640.
§§ 49.10641 to 49.10670.
§§ 49.10671 to 49.10700.
61940
Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Proposed Rules
Refer to the following
sections in subpart M
Indian tribe
Shoshone-Bannock Tribes of the Fort Hall Reservation, Idaho ....................................................................................
Siletz Indians of Oregon—Confederated Tribes of ........................................................................................................
Skokomish Indian Tribe, Washington .............................................................................................................................
Snoqualmie Indian Tribe, Washington ...........................................................................................................................
Spokane Tribe of the Spokane Reservation, Washington .............................................................................................
Squaxin Island Tribe of the Squaxin Island Reservation, Washington ..........................................................................
Stillaguamish Tribe of Indians of Washington ................................................................................................................
Suquamish Indian Tribe of the Port Madison Reservation, Washington .......................................................................
Swinomish Indian Tribal Community, Washington .........................................................................................................
Tulalip Tribes of Washington ..........................................................................................................................................
Umatilla Indian Reservation, Oregon—Confederated Tribes of the ..............................................................................
Upper Skagit Indian Tribe, Washington .........................................................................................................................
Warm Springs Reservation of Oregon—Confederated Tribes of the ............................................................................
Yakama Nation, Washington—Confederated Tribes and Bands of the ........................................................................
[FR Doc. 2022–20486 Filed 10–11–22; 8:45 am]
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BILLING CODE 6560–50–P
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§§ 49.10701
§§ 49.10731
§§ 49.10761
§§ 49.10791
§§ 49.10821
§§ 49.10851
§§ 49.10881
§§ 49.10921
§§ 49.10951
§§ 49.10981
§§ 49.11011
§§ 49.11041
§§ 49.11071
§§ 49.11101
to
to
to
to
to
to
to
to
to
to
to
to
to
to
49.10730.
49.10760.
49.10790.
49.10820.
49.10850.
49.10880.
49.10920.
49.10950.
49.10980.
49.11010.
49.11040.
49.11070.
49.11100.
49.11130.
Agencies
[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Proposed Rules]
[Pages 61870-61940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20486]
[[Page 61869]]
Vol. 87
Wednesday,
No. 196
October 12, 2022
Part IV
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Part 49
Federal Implementation Plans Under the Clean Air Act for Indian
Reservations in Idaho, Oregon, and Washington; Proposed Rule
Federal Register / Vol. 87 , No. 196 / Wednesday, October 12, 2022 /
Proposed Rules
[[Page 61870]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[EPA-R10-OAR-2020-0361; FRL-5565-02-R10]
RIN 2012-AA02
Federal Implementation Plans Under the Clean Air Act for Indian
Reservations in Idaho, Oregon, and Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to revise
the Federal Air Rules for Reservations (FARR), which is a collection of
Federal Implementation Plans (FIPs) under the Clean Air Act for Indian
reservations in Idaho, Oregon, and Washington. The proposed revisions,
the first since the FARR was promulgated in 2005, clarify aspects of
the initial rules, improve implementation, reflect air quality
improvement strategies similar to those implemented in neighboring
jurisdictions, and add provisions to address high levels of particulate
matter emissions. In addition, the EPA proposes to promulgate three new
FIPs implementing the FARR, for the Snoqualmie Indian Reservation, the
Cowlitz Indian Reservation, and the lands held in trust for the Samish
Indian Nation. As revised, the FARR will help further protect the human
health and the environment of communities in and adjacent to these
Indian reservations. The FARR will continue to be implemented by the
EPA or a delegated Tribal authority, until replaced by a Tribal
Implementation Plan (TIP) for a particular Indian reservation.
DATES:
Comments: Comments must be received on or before January 10, 2023.
Under the Paperwork Reduction Act (PRA), comments on the information
collection provisions are best assured of consideration if the Office
of Management and Budget (OMB) receives a copy of your comments on or
before November 14, 2022. Please refer to the SUPPLEMENTARY INFORMATION
section (section IV.B. Paperwork Reduction Act (PRA) of this preamble)
for additional information on submitting comments to OMB.
Public Hearing: If anyone contacts us requesting a public hearing
on or before October 27, 2022, the EPA will hold a virtual public
hearing. See SUPPLEMENTARY INFORMATION for information on requesting
and registering for a public hearing.
ADDRESSES: You may submit your comments, identified by Docket ID No.
EPA-R10-OAR-2020-0361, using the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. See the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
Please contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section if you need assistance.
FOR FURTHER INFORMATION CONTACT: Sandra Brozusky, Air and Radiation
Division, EPA Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA
98101-1128, (206) 553-5317, [email protected].
SUPPLEMENTARY INFORMATION: Participation in virtual public hearing. As
discussed in the public hearing subsection, if anyone contacts us to
request a public hearing on or before October 27, 2022, a virtual
hearing will be held on November 17, 2022. The opportunity for a
virtual public hearing is being offered to provide interested parties
the opportunity to present information and opinions to the EPA
concerning our proposal.
If requested, the virtual hearing will convene at 5:30 p.m. Pacific
Time and will conclude at 8:00 p.m. Pacific Time unless the number of
registrants indicates more time is needed. The EPA may close a session
15 minutes after the last registered speaker has testified if there are
no additional speakers. The EPA will announce further details,
including whether the hearing will be held, on the virtual public
hearing website at https://www.epa.gov/farr.
If a virtual hearing is held you can register to speak by using the
online registration form available at www.epa.gov/farr or contact
Sandra Brozusky at by email at [email protected]. The EPA will
post a general agenda prior to the hearing that will list registered
speakers in approximate order at: www.epa.gov/farr.
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule.
Each commenter will have 5 minutes to provide oral testimony. The
EPA recommends submitting the text of your oral testimony as written
comments to the rulemaking docket.
The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral testimony and
supporting information presented at the public hearing.
Please note that any updates made to any aspect of the hearing will
be posted online at www.epa.gov/farr. Please monitor our website or
contact Sandra Brozusky at (206) 553-5317 or by email at
[email protected] to determine if there are any updates. The EPA
does not intend to publish a document in the Federal Register
announcing updates.
If you require the services of a translator or a special
accommodation such as audio description, please register for the
hearing and describe your needs by November 1, 2022. If you need
additional assistance, please contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section. The EPA may not be able to arrange
accommodations without advanced notice.
Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-R10-OAR-2020-0361. All documents in the docket are
listed in Regulations.gov. Although listed, some information is not
publicly available, e.g., Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy. Publicly
available docket materials are available electronically in
www.regulations.gov.
Instructions. Direct your comments to Docket ID No. EPA-R10-OAR-
2020-0361. The EPA's policy is that all
[[Page 61871]]
comments received will be included in the public docket without change
and may be made available online at www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be CBI or other information whose disclosure is restricted
by statute. Do not submit electronically any information that you
consider to be CBI or other information whose disclosure is restricted
by statute.
The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
The www.regulations.gov website allows you to submit your comment
anonymously, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any digital storage media you submit. If the EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should not include special characters or any form of
encryption and be free of any defects or viruses. For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
Due to public health concerns related to COVID-19, the EPA Docket
Center and Reading Room are open to the public by appointment only. Our
Docket Center staff will continue to provide remote customer service
via email, phone, and webform. We encourage the public to submit
comments via www.regulations.gov. For further information and updates
on EPA Docket Center services, please visit us online at https://www.epa.gov/dockets.
The EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
Submitting CBI. Do not submit information containing CBI to the EPA
through www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. If your material cannot be
submitted using www.regulations.gov contact the person in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Organization of this document. Throughout this document, whenever
``we,'' ``us,'' or ``our'' is used, it means the EPA. This
supplementary information section is arranged as follows:
Table of Contents
I. Background
A. Today's Action
B. Basis for Proposed Action
C. Areas Covered by the Rules
D. Relationship Between Part 49, Subpart C and Subpart M
II. Proposed FIP Revisions
A. Proposed Revisions and New Rules
B. Rules Proposed for Specific Indian Reservations
C. Environmental Justice
D. Costs and Benefits Associated With These Rules
III. Public Participation and Request for Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. Background
A. Today's Action
To better protect air quality on Indian reservations in Idaho,
Oregon, and Washington, and consistent with our authority under
sections 301(a) and 301(d)(4) of the Clean Air Act (CAA) and 40 CFR
49.11(a), the EPA is proposing revisions to the Federal implementation
plans (FIPs) (40 CFR part 49, subpart M) and the General Rules for
Application to Indian Reservations in EPA Region 10 (40 CFR part 49,
subpart C). These rules, originally promulgated in 2005, are
collectively known as the Federal Air Rules for Reservations or
``FARR.'' As revised, the FARR will continue to ensure that basic air
quality regulations are in place to protect health and welfare on
Indian reservations located in Idaho, Oregon, and Washington.
The proposed revisions are based on the EPA's and Tribes'
experience in implementing the FARR since 2005, as well as changes in
related Federal air quality regulations, and changes in monitored air
quality. The revisions range from minor clarifications and revisions to
existing rule language, to new regulations addressing additional
emission sources, such as wood burning devices, that contribute to high
levels of particulate matter emissions in certain areas. The minor
changes to the existing FARR consist of eliminating duplicative text,
correcting syntax and cross-reference errors, renumbering, minor
clarification of rule language to improve consistency and
implementation, and reformatting. In describing the FARR revisions in
section II of this preamble, we have focused on the substantive rule
changes, and do not describe in detail the editorial changes made
throughout.
The proposed revisions include minor editorial changes throughout
the FARR (subpart C) and FIP (subpart M) rules, in addition to
substantive changes to certain provisions of the rules. As such, we are
publishing with this proposal the full text of the rules as proposed to
be revised, rather than only the portions of the text proposed to be
revised in this action. A redline-strikeout comparison of the revised
rules, as proposed, to the existing FARR and FIPs showing all proposed
changes is included in the docket for this action. The EPA solicits
comments on all aspects of the proposed revisions.
The EPA actively coordinated and consulted with affected Tribes in
both group and individual meetings and encouraged affected Tribes to
provide input to the EPA in developing these proposed revisions to
ensure that Tribal considerations are properly addressed. This
coordination and consultation with affected Tribes is described in the
docket for this action.
B. Basis for Proposed Action
On April 8, 2005, the EPA promulgated FIPs under the CAA for 39
Indian reservations in Idaho, Oregon, and Washington to provide basic
air quality regulations to protect health and
[[Page 61872]]
welfare (70 FR 18074). The EPA took this action under its authority in
sections 301(a) and 301(d)(4) of the CAA and 40 CFR 49.11(a) to
promulgate ``such Federal implementation plan provisions as are
necessary or appropriate to protect air quality'' in Indian country. A
key goal of the FARR was to help ensure that people living within
Indian reservation boundaries receive equivalent air quality protection
to those living outside of Indian reservations, as well as to ``level
the playing field'' and help ensure that emissions from sources located
within Indian reservations are controlled to levels similar to those of
sources located outside the Indian reservations. The FARR rules were
therefore substantially similar in the level of control to the
neighboring State and local rules most relevant to the air polluting
activities on these Indian reservations (70 FR 18074, 18077, 18091,
18093, April 8, 2005) (67 FR 11748, 11753, March 15, 2002).
The EPA has stated that it intends to carry out its authority under
the CAA in Indian country in a prioritized way, beginning with sources
that pose the greatest threat to public health and the environment (64
FR 8247, 8255, February 19, 1999) (67 FR 11748, 11749, March 15, 2002).
The initial FIPs were the first building blocks under the CAA to
address the most prevalent needs identified on Indian reservations in
the Pacific Northwest. The EPA committed to revising the FARR as
necessary or appropriate after gaining experience in implementing the
FARR, identifying additional regulatory needs in light of changing air
quality needs, and in consultation with Tribes (70 FR 18074, 18079,
18082, 18085, April 8, 2005).
This proposed rulemaking is the next step in addressing known air
quality concerns on Indian reservations in the Pacific Northwest. The
EPA has been implementing the FARR for over 15 years, often with the
help of Tribes through formal delegations, grants, and informal
assistance. Over the last several years, the EPA has actively
coordinated and consulted with the Tribes in Idaho, Oregon, and
Washington in developing these proposed revisions to the FARR and has
sought suggestions from those responsible for implementation. The
proposed revisions in this action incorporate many of these
suggestions.
As with the initial promulgation of the FARR in 2005, the EPA is
proposing these revisions under our authority in sections 301(a) and
301(d)(4) of the CAA and 40 CFR 49.11(a) because we have concluded that
the revisions are necessary or appropriate for protecting air quality
on Indian reservations in the Pacific Northwest. The proposed revisions
fall into several categories. First, the EPA and the affected Tribes
have identified needed clarifications of existing rule sections to
ensure the FARR is implemented as intended in 2005. Second,
promulgation of new requirements that apply on Indian reservations,
such as the Federal Minor New Source Review Program in Indian Country
(Indian Country Minor NSR Rule) (76 FR 38748, July 1, 2011) has made
some provisions of the FARR obsolete or necessitated revisions. Third,
the test methods and industry standards incorporated by reference into
the FARR have been updated since 2005. Fourth, input from affected
Tribes and the EPA's ongoing evaluation of the FARR identified
particular concerns with air pollution from some unregulated sources of
particulate matter, such as emissions from residential wood burning
devices and certain orchard heating devices.
Finally, since promulgation of the FARR, the EPA has strengthened
the National Ambient Air Quality Standards (NAAQS) and increased
protection of public health and welfare from fine particle pollution by
reducing the level of the NAAQS for PM2.5 (particles less
than or equal to 2.5 micrometers in aerodynamic diameter) to 35
micrograms per cubic meter ([micro]g/m\3\) for the 24-hour standard and
12 [micro]g/m\3\ for the annual standard (71 FR 61144, October 17,
2006) (78 FR 3086, January 15, 2013) \1\. The NAAQS, promulgated under
section 109 of the CAA, are a key component of air quality protection
under the CAA. PM2.5 particles, measuring about 30 times
less than the diameter of a human hair, are particularly harmful to
human health as they can travel through the blood stream and cause
significant health risks.
---------------------------------------------------------------------------
\1\ The CAA requires EPA to periodically review the standards to
ensure that they provide adequate health and environmental
protection, and to update those standards as necessary. The EPA is
currently reconsidering a previous decision to retain the PM NAAQS,
which were last strengthened in 2012 and expects to issue a proposed
rulemaking in 2022 and a final rule in 2023. Should the NAAQS be
revised, the EPA will work with Tribes to designate Indian
reservations and evaluate whether further revisions to the FARR are
necessary or appropriate.
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Since the PM2.5 NAAQS have been revised, more Indian
reservations in the Pacific Northwest are at risk of a
``nonattainment'' designation, which may result in the development and
implementation of plans containing stricter air pollution reduction
measures. To reduce emissions to help these areas continue to maintain
the NAAQS and better protect public health and welfare on Indian
reservations in the Pacific Northwest, the EPA is proposing revisions
to existing rules and new rule sections to address certain previously
unregulated sources of particulate matter emissions. These proposed
regulations are described in more detail in Section II of this
preamble.
In developing these proposed revisions, the EPA has two objectives
in addition to those discussed in the previous paragraphs of this
section. First, the EPA is proposing only those regulations that, to
the extent practicable, minimize the implementation burdens upon the
EPA and the regulated community while establishing requirements that
are unambiguous and enforceable. Second, the EPA anticipates that these
regulations can serve as models for Tribes as they continue to develop
their own air quality programs. To that end, the regulations are
designed so they can be implemented by a small air pollution agency and
can be readily delegated to a Tribe for implementation.
As with the initial FARR promulgation, the EPA does not intend, nor
does it expect, the proposed revisions to impose significantly
different regulatory burdens upon industry or residents within Indian
reservations than those imposed by the rules of State and local air
agencies in the surrounding areas. Instead, the intent remains to
ensure that people living within Indian reservation boundaries receive
equivalent air quality protection, and that emissions from sources
located within Indian reservations are controlled to levels similar to
those of sources located outside the Indian reservations.
C. Areas Covered by the Rules
The FARR generally applies to any person who owns or operates an
air pollution source within the exterior boundaries of an Indian
reservation in Idaho, Oregon, or Washington as set forth in 40 CFR part
49, subpart M Implementation Plans for Tribes--Region X. As discussed
in the Tribal Authority Rule (TAR) (63 FR 7254, 7257-58, February 12,
1998), the EPA interprets the term ``reservation'' consistent with U.S.
Supreme Court case law to include both (1) lands that have been
formally designated as a reservation by, for example, treaty, Federal
statute, or Executive Order of the President (often referred to as
``formal reservations'') and (2) lands held in trust by the United
States for the benefit of a Tribe, even if such lands have not been
formally designated as a reservation (often referred to as ``informal
reservations'') (40 CFR 49.2(b); see also Arizona Public Service
[[Page 61873]]
Co. v. EPA, 211 F.3d 1280, 1292-94 (D.C. Cir. 2000), cert. denied, 532
U.S. 970 (2001)). The preambles to the proposed and final FARR
promulgated in 2005 indicate that the EPA intended that the FIP for a
particular Tribe would apply to trust lands, even if not formally
designated as a reservation (70 FR 18074, 18076-77, April 8, 2005) (67
FR 11748, 11749-11750, March 15, 2002). This intention, however, may
not have been clear in light of language included in the final response
to comments document for the FARR, ``Response to Comments on the March
15, 2002 Proposal for Federal Implementation Plans under the Clean Air
Act for Indian Reservations in Idaho, Oregon, and Washington,'' comment
A.3, indicating that the EPA intended the FARR to apply only to the
formally designated reservation of a particular Indian Tribe.
The EPA believes it is important to make clear that the
environmental protections provided by the FARR extend to
``reservations,'' as that term has been interpreted by EPA under CAA
Section 301(d)(2)(B) and the TAR, that is, including any land held in
trust for a covered Tribe that has not been formally designated as a
reservation. The FARR currently defines ``Indian country,'' which
includes Indian reservations as one element of Indian country but does
not have a stand-alone definition of ``Indian reservation.'' The EPA is
proposing to add a definition of ``Indian reservation'' in the FARR
that defines ``Indian reservation'' according to the language of the
Indian reservation element of Indian country and is thus consistent
with the definition of ``Federal Indian Reservation,'' ``Indian
Reservation,'' or ``Reservation'' under the TAR (40 CFR 49.2(c)). To
eliminate any questions as to where the FARR applies, the EPA proposes
to include in the FARR definition of Indian reservation the following
explanatory language: ``Under this definition, Indian reservations
include lands held in trust by the United States government for the
benefit of an Indian Tribe even if the trust lands have not been
formally designated as a reservation''. The inclusion of this
additional explanatory language is not intended to make the use of the
term ``Indian reservation'' in the FARR differ in any respect from that
term as used and defined in the TAR, but rather to ensure the meaning
of the term ``Indian reservation'' under the FARR is clear to the
regulated community. Because a FIP under the FARR applies ``within''
the reservation of the specified Tribe, any newly established
reservation lands for the specified Tribe will become automatically
subject to the FIP for that Tribe as soon as the lands obtain their
reservation status. The EPA has added language to make this clear.
Recognizing the lack of clarity on these issues under the existing
language in the FARR, however, the proposed revisions would establish a
date after which subject sources on land held in trust for a Tribe that
has not been formally designated as a reservation must meet the
requirements of the FARR.\2\ In general, that date will be the
effective date of the final rule promulgating these revisions. However,
for rules that provide a period of time before subject sources are
required to comply, the compliance dates for newly subject sources will
be specified in those rules. As currently is the case, however, the
FARR will not apply to the reservation of a newly-recognized Indian
Tribe in Idaho, Oregon, or Washington until a FIP has been promulgated
for the reservation of that Tribe, which would occur only after
coordination and consultation with the affected Tribe and a rulemaking
with notice and an opportunity for public comment.
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\2\ We estimate that there are approximately 31 stationary
sources, such as casinos and a coffee roaster, located on such lands
covered or proposed to be covered by the FARR. We are not aware of
any such sources that would require additional control or monitoring
equipment to comply with the FARR, as revised. The EPA is not
proposing to revise the FARR to apply to other areas of Indian
country, namely, individual Indian allotment lands that are located
outside the exterior boundaries of a reservation or dependent Indian
communities that do not also qualify as reservations. The EPA is not
currently aware of any sources on those types of land outside of
reservations in Idaho, Oregon, or Washington to which the FARR need
apply. If in the future, EPA becomes aware of air quality concerns
for Indian country outside of ``Indian reservations'' as defined in
the FARR, EPA may propose other requirements that are deemed
necessary or appropriate.
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In addition to this clarification, the EPA is proposing to make the
FARR, as revised, applicable through the promulgation of FIPs to the
reservation lands of two Federally recognized Indian Tribes that did
not have reservation lands when the FARR was originally promulgated in
2005. At that time, the Cowlitz Indian Tribe and the Snoqualmie Indian
Tribe had both received Federal recognition but did not have
reservation lands. The Cowlitz Indian Reservation was established on
March 9, 2015, and covers 152 acres in Clark County, Washington (80 FR
70250, November 13, 2015). The Snoqualmie Indian Reservation was
established on October 20, 2006, covering approximately 55.84 acres in
King County, Washington (71 FR 63347, October 30, 2006). In
anticipation of this proposed revision, the EPA met informally and had
discussions with both Tribes to explain the FARR and the proposed
revisions to make the FARR apply to their Indian reservations and
received each Tribe's input.
The EPA is also proposing to make the FARR, as revised, applicable
through the promulgation of a FIP to the lands held in trust for the
Samish Indian Nation. When the FARR was promulgated in 2005, the Samish
Indian Nation had received Federal recognition but did not have trust
lands or a formally designated reservation. During the development of
the FARR revisions, the EPA had discussions with the Samish Indian
Nation about having the FARR apply to their trust lands. Applying the
FARR to the lands held in trust for the Samish Indian Nation would be
consistent with the clarifications discussed in this section to ensure
the FARR applies to any land held in trust for a Tribe that has not
been formally designated as a reservation. The specific rule sections
that apply on each of these Indian reservations would be incorporated
by reference into reservation specific FIPs at 40 CFR part 49, subpart
M, as shown in the proposed rulemaking changes.
D. Relationship Between Part 49, Subpart C and Subpart M
The FARR has been structured with the ``modular'' approach
described in the TAR to allow for both variation among Indian
reservations and to facilitate the development and approval of TIPs to
replace all or part of the Federal rules. Each section in subpart C,
e.g., 40 CFR 49.131 General Rule for open burning, is effectively a
``stand-alone'' rule. The EPA promulgated a FIP in subpart M for each
reservation, and each FIP incorporates specific rule sections that are
tailored on a reservation-by-reservation basis. Although most of the
rules in the FIPs constitute a ``base program'' applicable to all
Indian reservations in Idaho, Oregon, and Washington, some of the FIPs
include ``additional'' reservation specific rules where specific needs
exist or where the EPA determined, in coordination and consultation
with the relevant Tribe, that a more stringent provision than would
otherwise apply is appropriate. For example, the rule for particulate
matter emissions from wood products industry sources was promulgated in
2005 for Indian reservations that had existing wood products industry
sources or for those where such sources might be expected to locate,
and where the EPA determined, in coordination and consultation with the
affected Tribe, that more stringent provisions were
[[Page 61874]]
appropriate (67 FR 11748, 11750-11751, 11753, 11758, March 15, 2002).
The proposed revisions maintain this structure.
Table 1 lists all of the existing rules and proposed new rules
under the FARR, including the ``base program'' rules that apply or are
proposed to apply on all Indian reservations in Idaho, Oregon, and
Washington, as well as the ``additional'' reservation specific rules
that apply or are proposed to apply on some, but not all such Indian
reservations (further discussed in Section II. of this preamble).
Table 1--Base Program and Additional Rules
----------------------------------------------------------------------------------------------------------------
Additional
Section No. Title Base program rules
----------------------------------------------------------------------------------------------------------------
Sec. 49.123.............................. General provisions................. x ..............
Sec. 49.124.............................. Rule for limiting visible emissions x ..............
Sec. 49.125.............................. Rule for limiting the emissions of x ..............
particulate matter.
Sec. 49.126.............................. Rule for limiting fugitive x ..............
particulate matter emissions.
Sec. 49.127.............................. Rule for woodwaste burners......... .............. x
Sec. 49.128.............................. Rule for limiting particulate .............. x
matter emissions from wood
products industry sources.
Sec. 49.129.............................. Rule for limiting emissions of x ..............
sulfur dioxide.
Sec. 49.130.............................. Rule for limiting sulfur in fuels.. x ..............
Sec. 49.131.............................. General rule for open burning...... x ..............
Sec. 49.132.............................. Rule for large open burning permits .............. x
Sec. 49.133.............................. Rule for agricultural burning .............. x
permits.
Sec. 49.134.............................. Rule for forestry and silvicultural .............. x
burning permits.
Sec. 49.135.............................. Rule for emissions detrimental to x ..............
public health or welfare.
Sec. 49.137.............................. Rule for air pollution episodes.... x ..............
Sec. 49.138.............................. Rule for the registration of air x ..............
pollution sources and the
reporting of emissions.
Sec. 49.139.............................. Rule for non-Title V operating x ..............
permits.
Sec. 49.140.............................. Rule for residential wood burning x ..............
devices.
Sec. 49.141.............................. Rule for curtailment of residential .............. x
wood burning devices for specific
areas.
Sec. 49.142.............................. Rule for small open burning annual .............. x
permits.
Sec. 49.143.............................. Permit by rule for small open burns .............. x
----------------------------------------------------------------------------------------------------------------
This structure also facilitates the delegation under 40 CFR 49.122
of certain FARR rules to Tribes that are building air quality programs.
A delegation agreement authorizes a Tribe, with Federal assistance, to
administer the Federal program, with EPA taking any appropriate
enforcement. This approach allows the EPA to establish requirements
tailored to local needs that can be effectively implemented through a
partnership between the EPA and the Tribe. Delegation of the FARR helps
Tribes gain experience in air quality management while deciding whether
to adopt their own rules and regulations. To date several Tribes are
assisting the EPA with implementation of one or more FARR rules under a
delegation agreement with the EPA. A more detailed discussion on Tribal
delegations can be found in 67 FR 11748, 11751-52, March 15, 2002.
There are no substantive revisions proposed to the delegation
provisions of the FARR.
The modular structure of the FARR also supports Tribes that choose
to develop their own air quality program and submit it to the EPA for
approval as a TIP. Under section 49.7(c) of the TAR, Tribes that are
approved as meeting the eligibility criteria for Treatment as a State
have the option of developing severable elements of a TIP and
submitting those elements to the EPA for approval under the CAA. This
allows the EPA to approve a Tribal rule covering a particular source
type or activity and revoke the corresponding FARR rule from the FIP,
while still leaving in place the FARR rules for other sources and/or
activities. This approach allows for an easy incremental transition
from Federal regulations to EPA-approved Tribal rules. As an example,
on November 24, 2014, the EPA approved a TIP submitted by the Swinomish
Indian Tribal Community establishing a Tribal program applicable to all
persons within the exterior boundaries of the Swinomish Reservation
regulating open burning (79 FR 69763, November 24, 2014). In the same
action, EPA rescinded the FARR General rule for open burning (40 CFR
49.131) from the Swinomish Reservation FIP such that only the Swinomish
Tribal open burning rule applies.
II. Proposed FIP Revisions
A. Proposed Revisions and New Rules
As discussed in Section I.A. of this preamble, the EPA is proposing
to revise several of the rules originally promulgated in 2005 that
comprised the original ``base program'' rules that apply to all Indian
reservations in Idaho, Oregon, and Washington and is proposing to
promulgate one new ``base program'' regulation. The EPA is also
proposing to revise several of the ``additional'' reservation specific
rules originally promulgated in 2005 that apply on some, but not all,
Indian reservations in Idaho, Oregon, and Washington, and the EPA is
proposing to promulgate several new additional rules that would only
apply, in coordination and consultation with the relevant Tribes, on
specific Indian reservations where the EPA finds that the rules are
necessary or appropriate. See Section II.B. of this preamble for a more
detailed discussion on the additional rules proposed for specific
Indian reservations. Each of these proposed new sections address
emission sources that contribute to high levels of particulate matter
emissions and protect air quality from the potential for significant
deterioration caused by the release of particulate matter.
The following paragraphs summarize the substantive proposed changes
for each of the sections of the existing and new rules that will
comprise the ``base program'' and the existing and new additional rules
that apply only on specific Indian reservations.
Administrative Changes
The EPA has made minor administrative revisions throughout the FARR
to ensure consistency in the use of terms and structure in similar
provisions and to make other minor changes, where appropriate. For
example, the proposed revisions replace the title of the FARR from
``General
[[Page 61875]]
Rules for Application to Indian Reservations in EPA Region 10'' with
``General Rules for Application to Indian Reservations in Idaho,
Oregon, and Washington'' to better reflect the geographic scope of the
FARR. In 40 CFR 49.121 Partial delegation of administrative authority
to a Tribe, the revisions clarify that a delegation may cover all or
part of an Indian Reservation. As another example, at the end of each
section of the current rules is a subparagraph that lists terms used in
that rule and points to 40 CFR 49.123 General provisions for the
definitions of these terms. The EPA is proposing to remove these
sections because this itemized list of defined terms has not proven to
be helpful and in fact sometimes has contributed to confusion.
Each rule in the FARR includes a section describing the purpose of
the rule. The EPA is revising the statements of purpose in some of the
rules to make them consistent. The EPA has also made an administrative
change in subpart M in the FIP for the Spokane Reservation. The EPA has
added to subpart M language that is currently in 40 CFR part 52,
subpart WW (Washington State Implementation Plan), making clear that
the Spokane Indian Reservation is designated as a Class I area for the
purposes of preventing significant deterioration of air quality. This
proposed rulemaking does not propose changes to this designation, but
instead simply adds the reference to the designation in the FIP for the
Spokane Reservation because this designation affects new source review
permitting on and near the Spokane Reservation.
Section 49.123 General provisions. This section contains the
definitions for specific terms used in the FARR, specifies the general
requirements for testing, monitoring, recordkeeping and reporting,
specifies requirements for performance tests, and identifies ASTM,
International (ASTM) materials that are incorporated by reference in
these rules.
Definitions. The EPA is proposing to add, revise, or remove certain
definitions in this section. The following new or revised terms are not
discussed here but are discussed in the sections of this document that
discuss the substantive revisions of the rules: the definition for
Indian reservation is discussed in Section I.C. of this preamble and
the definitions for Cooking fire, Large open burn or burning, Non-title
V operating permit, Orchard heating device, Recreational fire, and
Small open burn or burning are discussed in the relevant rule sections
in Section II.A. of this preamble.
New definitions. The EPA is proposing to add several new
definitions to 40 CFR 49.123 to provide for a better understanding of
the existing rule language and define applicable terms used in new
sections of the FARR. The EPA proposes to add the definition Hog fuel
or hogged fuel, which means wood chips or shavings, residue from
sawmills, and other wood processing residue. This is intended as a
clarification of the list of items included in the definition of wood,
to carry out the EPA's original intent and to provide a more complete
understanding of the items considered wood and derivatives of wood.
To implement the authority in 40 CFR 49.129(d) authorizing the EPA
to make certain changes to testing, monitoring, recordkeeping and
reporting requirements under the FARR, the EPA is cross-referencing the
definitions of Intermediate change to monitoring, Major change to
monitoring, Minor change to monitoring, Minor change to recordkeeping/
reporting, and Minor change to test method in 40 CFR 63.90, which are
used for similar purposes.
With the addition of 40 CFR 49.140 Rule for residential wood
burning devices and 40 CFR 49.141 Rule for curtailment of residential
wood burning devices for specific areas, the EPA is also introducing a
new definition for Residential wood burning devices. This definition,
for purposes of the FARR, means any wood burning device that supplies
heat to a single-family residence or is installed in an individual unit
of a multiple unit structure such as a condominium, apartment, duplex,
multiplex, hotel, motel, or resort. This includes but is not limited
to, wood stoves, fireplaces, fireplace inserts, residential wood
heaters, residential hydronic heaters, residential forced air furnaces,
and residential central heaters. The EPA also added definitions for
Residential wood heater, Residential central heater, Residential forced
air furnace, and Residential hydronic heater by cross-referencing the
definitions of these same terms in 40 CFR 60.531 and 60.5473 of the EPA
New Source Performance Standards for New Residential Wood Heaters and
New Residential Hydronic Heaters and Forced-Air Furnaces as amended (40
CFR part 60, subpart AAA and 40 CFR part 60, subpart QQQQ).
Revised definitions. In addition to adding new definitions, the EPA
is also revising several definitions to provide clarification for
better understanding and ease of implementation. The EPA is proposing
to revise the definition for Agricultural activities to include
specific examples of activities that are not considered agricultural
activities (e.g., hop drying in kilns and distillation of mint oil). As
the EPA has previously advised the regulated community, the act of
distilling mint or drying hops is not considered an agricultural
activity under the FARR, and the proposed revisions help clarify this
point.\3\ In addition, to eliminate confusion about whether fugitive
emissions from tilled land are or are not regulated, the EPA is
proposing to remove the reference to tilled land as an example of
fugitive dust in the Fugitive dust definition. Although EPA considers
the tilling of land to generate fugitive dust, ``agricultural
activities,'' which includes the tilling of land, are expressly exempt
from 40 CFR 49.126 Rule for limiting fugitive particulate matter
emissions. The EPA is revising the definition of Grate cleaning by
clarifying that, in addition to allowing for the removal of ash from
fireboxes, grate cleaning also allows for the removal of other non-
combustibles (e.g., rocks) from the firebox. Finally, the EPA is
revising the definition of forestry and silvicultural burns by
clarifying that the term includes prescribed fire, as that term is
defined in 40 CFR 50.1(m).
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\3\ See letter from EPA Region 10 to the Administrator of the
Washington Hops Commission, regarding ``Exemption for ``Agricultural
Activities'' under the Federal Air Rules for Reservations (FARR),''
date February 2, 2007; letter from EPA Region 10 to the Executive
Director of the Washington Mint Commission, regarding ``Exemption
for ``Agricultural Activities'' under the Federal Air Rules for
Reservations (FARR),'' date February 5, 2007.
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Deleted definitions. The EPA is proposing to remove the definitions
of Garbage and Refuse because they are no longer used to define what
type of open burning is prohibited in 40 CFR 49.131. As discussed in
this section, we are proposing to restructure 40 CFR 49.131 General
rule for open burning by removing the list of what cannot be burned and
instead providing a list of what is allowed to be burned. We are also
proposing to remove the definition of Smudge pot because smudge pots
are no longer directly referred to in the FARR. Instead, in 40 CFR
49.123 the newly proposed definition Orchard heating device or orchard
heater includes smudge pots as an example of a type of orchard heating
device.
Testing, monitoring, recordkeeping, and reporting. During the
course of implementing the FARR, questions arose regarding whether
Region 10 could approve alternatives or exceptions to the requirements
for testing, monitoring, recordkeeping, or reporting that are specified
in the FARR. Unlike some EPA rules under the CAA (e.g., 40 CFR part 60,
40 CFR part 63), the FARR as originally enacted in 2005 did not include
the authority or procedures for
[[Page 61876]]
requesting or approving alternatives, exceptions, waivers, and similar
actions for testing, monitoring, recordkeeping, and reporting required
by the FARR.
Region 10 is proposing to add such authority and procedures to 40
CFR 49.123 General Provisions. These new provisions would provide
Region 10 with authorities similar to those found in 40 CFR parts 60
and 63. Specifically, the EPA proposes adding provisions to allow the
approval of the use of a test method with minor changes in methodology,
the approval of shorter sampling times or smaller sample volumes when
necessitated by process variables or other factors, and the waiver of
the requirement for source tests because the owner or operator of an
affected source has demonstrated by other means to the Regional
Administrator's satisfaction that the affected source is in compliance
with the relevant standard. In addition, the EPA proposes adding
authority to approve minor changes in methodology for the specified
monitoring requirements and procedures, as well as intermediate or
major changes or alternatives to any monitoring requirements or
procedures. Lastly, the EPA proposes adding authority to approve minor
changes to recordkeeping or reporting for the specified requirements
and procedures, as well as to waive recordkeeping or reporting
requirements upon written application to the Regional Administrator if,
in the Regional Administrator's judgment, the affected source is
achieving the relevant standard(s). A waiver of any recordkeeping or
reporting requirement granted under this provision may be conditioned
on other recordkeeping or reporting requirements deemed necessary by
the Regional Administrator.
Performance tests. The EPA is also proposing to add general
provisions that specify requirements for performance tests that apply
where the applicable standard or test method does not include such
requirements. These requirements specify, for example, the number of
valid test runs for a performance test and are consistent with the
requirements EPA includes in permits and regulations where performance
testing is required.
ASTM standards. In 40 CFR 49.123(g), the EPA is proposing to update
the ASTM standards that are used in and incorporated by reference in
the FARR to reflect the most current version of the standards. See
Section IV. of this preamble for further discussion of these revisions.
Section 49.124 Rule for limiting visible emissions. This section
limits the visible emissions of air pollutants from certain air
pollution sources to control emissions of particulate matter. The EPA
proposes to revise this section in several respects. First, the EPA is
clarifying that the rule limiting visible emissions does not apply to
activities associated with single-family residences or residential
buildings with four or fewer dwelling units. Although the current rule
exempts furnaces and boilers used to heat single family residences and
residential buildings with four or fewer dwelling units, the EPA never
intended to regulate other emissions associated with residential
activities, such as home workshops. The EPA is also clarifying that the
rule does not apply to any particulate matter emissions from public
roads and not just to fugitive dust from public roads. The EPA did not
intend to regulate any emissions from public roads under the FARR. The
current rule unintentionally limits the exemption to only fugitive
dust. However, there are other emissions that come from roads that do
not come from the tailpipe of a motor vehicle or nonroad vehicle, such
as emissions associated with the application of dust suppressants. This
change clarifies that all particulate emissions from public roads, not
only fugitive dust, are exempt from the visible emission limit.
Second, the EPA is proposing to narrow the exemption for
agricultural activities so that orchard heating devices are no longer
exempt from the visible emissions limit. An orchard heating device is
defined as a fuel burning device capable of being used for frost-
prevention or protection in orchards, vineyards, field crops, or truck
crops, and includes smudge pots and open-pot heaters. The diesel fuel
sometimes used in these devices produces the thick heavy smoke that
some believe prevents frost damage. Orchard heating devices are
typically used in the spring when plants are budding and an atmospheric
inversion traps cold air at the surface. The inversion also traps air
pollutants, such as the thick smoke generated by some types of orchard
heating devices, and can result in unhealthy levels of air pollution.
Under the visible emissions rule currently in effect, orchard heating
devices are covered by the exemption for agricultural activities
because such devices are used as part of the usual and customary
activities in growing crops. The EPA's ongoing evaluation of the FARR
and input from Tribes on reservations where orchard heating devices are
used identified concerns with air pollution from these unregulated
sources of particulate matter.
This proposed revision would therefore require that visible
emissions from orchard heating devices not exceed 20% opacity, averaged
over any consecutive 6-minute period, and would apply to any person who
owns or operates an orchard heating device. We expect that there are
categories of orchard heating devices that will not be capable of
complying with the 20% opacity standard and this action, if finalized,
would therefore effectively prohibit the continued use of such devices.
Since the FARR was promulgated in 2005, however, cleaner and more
effective methods of orchard heating have become more readily
available. Newer alternatives such as propane-powered fans and propane
heaters are becoming accepted and reliable alternate methods of orchard
heating. These cleaner devices are capable of complying with the
visible emission limit and, as such, will help minimize air pollution
in areas that are already dealing with high levels of PM2.5
and PM10. Other State and local air agencies have similar
provisions.
To ensure current users of orchard heating devices that cannot
comply with the visible emission standard have adequate time to find
alternatives to the use of such devices, the proposed provision of 40
CFR 49.124 requiring that visible emissions from an orchard heating
device not exceed 20% opacity would not go into effect until 3 years
after this revision is finalized and becomes effective. Furthermore, to
ensure that this new requirement does not cause an unreasonable burden
on any person, the rule includes a provision that would allow the
Regional Administrator to grant a two-year extension (with no limit on
the number of extensions) provided that the person demonstrates that
there is no alternative that is reasonably available that can comply
with the 20% opacity limit. In the interim, the EPA intends to work
with Tribal air programs to provide outreach to orchards affected by
this rule and identify sources of funding that may help lower the costs
for alternate methods of orchard heating.
Section 49.125 Rule for limiting emissions of particulate matter.
The purpose of this section is to reduce particulate matter by setting
emission limits for certain air pollution sources that operate within
an Indian reservation. The EPA is proposing language to clarify that
this rule only applies to emissions from a stack as defined in 40 CFR
49.123. The EPA is
[[Page 61877]]
also proposing to revise the list of sources specifically exempt from
this rule in several respects. As with the limitation on visible
emissions discussed in 40 CFR 49.124, the EPA never intended to
regulate residential activities, such as home workshops under this
section. We are therefore proposing to add an exemption for activities
associated with single-family residences or residential buildings with
four or fewer dwelling units. Second, with the clarification that this
rule only applies to particulate matter emissions from a stack, the EPA
has deleted open burning from the list of exempt sources, because an
open burn, by definition, does not have a ``stack.'' Third, with the
clarification that this rule only applies to particulate matter
emissions from a stack, the EPA is adding orchard heating devices to
the list of exempt sources. Unlike the Rule for Limiting Visible
Emissions (40 CFR 49.124), this rule does not exempt agricultural
activities. By its terms, this section applies only to stationary
sources with stacks. (see 40 CFR 49.125(d)(1), (2), and (3)). Most
agricultural activities, as defined in the FARR, are not subject to the
numeric particulate matter emission limits because such activities do
not have ``stacks'' that emit air pollution. However, some orchard
heating devices, although within the definition of agricultural
activities, do have short ``stacks.'' The EPA is therefore adding
orchard heating devices to the list of exemptions so that orchard
heating devices will continue to be exempt from the numeric particulate
matter emission limits and other requirements of this section. Given
that orchard heating devices are relatively small in comparison to many
other stationary sources with stacks, are portable, are used only
seasonally, and that conducting source testing using the reference test
methods in this section on orchard heating devices could be
challenging, the EPA believes that limiting particulate matter
emissions from orchard heating devices with a limitation on visible
emissions under 40 CFR 49.124, rather than a limit on particulate
matter emissions, is appropriate.
In addition to proposing to add these two exemptions to the
applicability of this section, the EPA is updating the reference method
for determining compliance to explicitly provide that EPA Methods 1
through 4, as appropriate, must be used to calculate the volumetric
flow, oxygen content, and moisture content of the samples in
conjunction with EPA Method 5. Although EPA Method 5 specifies when the
use of EPA Methods 1 through 4 are required, the EPA is making the
reference explicit in this section for ease of use. A complete
description of the test methods discussed in this paragraph can be
found in appendix A to 40 CFR part 60.
Finally, the EPA is proposing to correct an inadvertent error in
the particulate matter emission limits that resulted from failure to
use the same number of significant figures for the grams per dry
standard cubic meter (g/dscm) limits and the grains per dry standard
cubic feet (gr/dscf) limits. The g/dscm limits had two significant
figures whereas the gr/dscf limits only had only one significant
figure, which resulted in the limits being slightly different in
stringency. EPA is proposing to correct this error by adding a second
significant figure to the gr/dscf limits.
Section 49.126 Rule for limiting fugitive particulate matter
emissions. This section limits fugitive particulate matter emissions by
requiring reasonable precautions to prevent such emissions. Under the
current language of the fugitive particulate matter emissions rule, it
is unclear when portable sources, such as portable rock crushers and
asphalt plants, are required to conduct their fugitive particulate
emission surveys and prepare and update their written plans to prevent
fugitive particulate matter emissions. Therefore, the EPA is proposing
revisions that specify when the surveys and plans are required to be
conducted and submitted for portable sources in a manner that is
consistent with the temporary and transient nature of portable sources.
For example, the EPA is proposing to specifically require portable
sources to conduct a survey within 7 days after beginning operation at
a new location and to conduct an annual survey thereafter to identify
sources of fugitive particulate matter emissions. Additionally, for
portable sources, the written plan specifying the reasonable
precautions and procedures to prevent fugitive particulate matter
emissions is required prior to beginning operation at a new location
and must be updated within 7 days of a completed survey. The EPA is
also clarifying that, for all other sources, the written plan to
prevent fugitive emissions must be prepared within 30 days after
completing the required survey. All plans for subject sources must be
reviewed and updated by the owner or operator at least annually after
each survey and more frequently if warranted due to changes.
The EPA is also proposing to add language to clarify that the
written plan must be implemented as soon as practicable. The current
rule requires a source to implement its written plan, including
installing any control measures that were identified as reasonable
precautions, but does not include language regarding when the plan
needs to be implemented.
In addition, if the facility is required to be registered under 40
CFR 49.138, the EPA is proposing to require that a copy of the most
recent fugitive particulate matter survey and current fugitive
particulate matter plan be submitted with the annual registration.
Under the proposed revisions, a new source or new operation will be
required to submit a copy of the fugitive particulate matter survey and
plan to the EPA within 90 days of beginning operation. The proposed
revisions also provide that sources must maintain a copy of the survey
and plan on site.
Lastly, the EPA is proposing to establish that a revision to the
plan may be required if the EPA determines that the plan is not
adequate to prevent or minimize fugitive particulate matter emissions.
All of the proposed revisions are designed to enhance compliance and
enforceability of the rule.
Section 49.127 Rule for woodwaste burners. This section phases out
the operation of woodwaste burners, and in the interim limits the
visible emissions from woodwaste burners. There are no proposed changes
to this section except for the revisions with respect to the
applicability date discussed here and non-substantive and other
administrative changes discussed elsewhere in this preamble. This
section continues to only apply on the Colville Reservation and on the
Nez Perce Reservation, as shown in Table 2 in section B of this
preamble. The effective date of this section for any lands held in
trust for the Colville or Nez Perce Tribes that have not been formally
designated as a reservation, will be the effective date of the final
rule and, as such, any woodwaste burners that are located on such lands
will be required to be dismantled within 2 years from the effective
date of the final rule.
Section 49.128 Rule for limiting particulate matter emissions from
wood products industry sources. The purpose of this section is to limit
the condensible particulate matter from high temperature processes at
wood products facilities that would not be captured by the test method
required for demonstrating compliance with the particulate matter
emission limits in 40 CFR 49.125. This section only applies to emission
units at wood products facilities that emit at high temperatures.
Currently 40 CFR 49.128 specifies that
[[Page 61878]]
the reference method for determining compliance with the
PM10 limits is EPA Method 202 in conjunction with EPA Method
201A. These methods are found in appendix M of 40 CFR part 51.
The EPA is proposing to update the reference method for determining
compliance. The EPA is clarifying that EPA Methods 1 through 2H, as
appropriate, must be used to calculate the volumetric flow of the
samples in conjunction with EPA Methods 202 and 201A. A complete
description of these additional test methods can be found in appendix A
to 40 CFR part 60.
This section continues to apply on the Colville Reservation and the
Nez Perce Reservation, as shown in Table 2 in Section B of this
preamble. The EPA is also proposing that 40 CFR 49.128 be applied on
the Coeur D'Alene Reservation because the operations of a wood products
facility located on the Coeur D'Alene Reservation may contribute to
elevated levels of particulate matter.
Section 49.129 Rule for limiting emissions of sulfur dioxide. This
section limits the amount of sulfur dioxide (SO2) that may
be emitted from air pollution sources operating within an Indian
reservation. The EPA is proposing to clarify that this rule only
applies to emissions from a stack.
As under 40 CFR 49.125 and for the same reasons, we are also
proposing to clarify that orchard heating devices are exempt from this
section.
The EPA is also proposing to update the reference methods for
determining compliance with the SO2 emission limits
established in the current rule. The EPA is clarifying that EPA Methods
1 through 4, as appropriate, must be used to calculate the volume,
oxygen content and moisture content of the sample in conjunction with
EPA Methods 6, 6A, 6B and 6C. A complete description of these
additional test methods can be found in appendix A to 40 CFR part 60.
Section 49.130 Rule for limiting sulfur in fuels. This section
limits the amount of sulfur contained in fuels that are burned at
stationary sources operating within an Indian reservation to control
emissions of SO2. The EPA is proposing to update the
reference methods used to determine compliance with the sulfur emission
limits for fuel. We are updating the reference methods in paragraph (e)
of this section to incorporate into this rule the most recent versions
of the ASTM methods for determining the amount of sulfur in fuel oil or
liquid fuels, coal, solid fuels, and gaseous fuels.
In addition, the EPA proposes to revise the sulfur limit for
gaseous fuels by deleting the 1.1 grams per dry standard cubic meter
(dscm) limit and retaining only the 400 parts per million (ppm) limit.
The current rule establishes a limit for sulfur in gaseous fuels in two
different sets of units (grams/dscm and ppm) that were intended to be
equivalent in stringency. However, because the proper number of
significant figures for the grams/dscm limit were not included when the
FARR was promulgated, the two are not equivalent. This resulted in
confusion as to whether sources had to comply with both limits, the
more stringent limit, or a limit of their choice. The proposed
revisions correct this error and make this standard consistent with the
EPA's intent in promulgating this emission standard in 2005.
Finally, the EPA is proposing to remove the language in 40 CFR
49.130(f)(1)(iii) that provided sources burning coal or solid fuels the
opportunity to request a waiver of the monitoring requirement or
request an alternative sampling program because generally applicable
language for requesting alternatives and waivers is now included in 40
CFR 49.123 General Provisions.
ASTM standards. In 40 CFR 49.130(g), the EPA is proposing to update
the ASTM standards that are used in and incorporated by reference in
the FARR to reflect the most current version of the standards. See
Section IV. of this preamble for further discussion of these revisions.
Section 49.131 General rule for open burning. This section phases
out the operation of woodwaste burners, and in the interim limits the
visible emissions from woodwaste burners. There are no proposed changes
to this section except for the revisions with respect to the
applicability date discussed here and non-substantive and other
administrative changes discussed elsewhere in this preamble. This
section continues to only apply on the Colville Reservation and on the
Nez Perce Reservation, as shown in Table 2 in section B of this
preamble. The effective date of this section for any lands held in
trust for the Colville or Nez Perce Tribes that have not been formally
designated as a reservation, will be the effective date of the final
rule and, as such, any woodwaste burners that are located on such lands
will be required to be dismantled within 2 years from the effective
date of the final rule, as well as in the following burn permit
sections.\4\
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\4\ The EPA also notes that nothing in the FARR or the proposed
revisions restricts the exclusion of air quality monitoring data
influenced by exceptional events as provided in 40 CFR 50.14.
---------------------------------------------------------------------------
Section 49.132 Rule for large open burning permits. The FARR
promulgated in 2005 had a General rule for opening burning (discussed
in 40 CFR 49.131), which specified conditions under which open burning
could be conducted but did not require prior approval. The FARR also
had a rule setting forth a program for permitting, or granting prior
approval of, general open burns. This rule was designed only for Indian
reservations where the EPA, in coordination and consultation with the
relevant Tribe, determined that a general open burning permitting
program was necessary or appropriate, and was generally expected to
include a delegation of authority from the EPA to the Tribe, under 40
CFR 49.122 for implementation of the general open burning permit
program (67 FR 11748, 11751, March 15, 2022). This general open burning
permit rule was promulgated to apply on the Nez Perce Reservation and
the Umatilla Indian Reservation. These Tribes have been implementing
the rule for general open burning permits on their respective Indian
reservations under a delegation with the EPA for more than 15 years.
The EPA is proposing to revise the rule for permitting general open
burns by replacing it with three rules for different types of open
burns and different types of open burning approval processes: 40 CFR
49.132 Rule for large open burning permits, 40 CFR 49.142 Rule for
small open burning annual permits and 40 CFR 49.143 Permit by rule for
small open burns. The EPA is proposing these different open burning
permit options based on input from these Tribes, other Tribes that have
expressed interest in seeking delegation of permitting general open
burning on their Indian reservations, and the EPA's experience in
working with the delegated Tribes in implementing this rule. The EPA
has concluded that options that distinguish between large and small
open burns and, for small open burns, allow for an annual permit or
coverage under a permit by-rule better allow for the scaling of
requirements to the potential air pollution impact of open burns and
the resources of implementing agencies.
Only materials that may be burned under 40 CFR 49.131 General rule
for open burning may be burned in a permitted large or small open burn.
As under 40 CFR 49.131, compliance with the permitting requirements
rests with the person who is conducting the burn as well as the owner
and lessee, if any, of the property on which the burn is
[[Page 61879]]
conducted to ensure parties that may be responsible for burning
decisions on a given property are responsible for complying with the
burn permitting rules, where applicable.
The proposed ``large open burning'' permit rule is very similar to
the current general open burning permit rule in 40 CFR 49.132. The
proposed revisions define a ``large open burn'' or ``large open
burning'' as the open burning of a single pile of the specified
materials greater than 10 feet in diameter or more than 60 feet of
ditch bank or fence line vegetation. These are the criteria that have
been used by the EPA and delegated Tribal authorities that have been
implementing the general open burning permit program under the FARR to
distinguish between large and small open burns.
As revised, this section would require that persons subject to the
rule must (1) have a permit for large open burning; (2) have approval
to burn on the day(s) of the burn(s); (3) ensure that the person
conducting the burn is familiar with the requirements of the permit;
(4) ensure that the permit is available on-site during the open burn;
(5) conduct the open burn in accordance with the terms and conditions
of the permit; and 6) comply with the General rule for open burning (40
CFR 49.131) or the EPA-approved Tribal open burning rules in a TIP. To
ensure consistency with the use of forms under rules of the Office of
Management and Budget, the revisions clarify that the application must
be submitted on forms approved by the EPA. The revisions add a
requirement that applications for large open burns include a
description of the burning method or methods to be used, the amount of
material to be burned with each method, and the means of ignition.
The proposed revisions clarify the process for getting approval to
burn on the requested days under the permit. The revisions specify that
the person conducting the large open burn must request approval for the
burn at least one day before the burn in the manner specified in the
permit. As under the current open burning permit rule, in determining
whether to authorize a large open burn for a particular day or days,
the Regional Administrator or delegated Tribal authority will take into
consideration relevant factors including, but not limited to, the size,
duration, and location of the proposed open burn; the current and
projected air quality conditions; forecasted meteorological conditions;
other scheduled burning activities in the surrounding area; and other
factors indicating whether or not the proposed open burn can be
conducted without causing or contributing to an exceedance of a
national ambient air quality standard. When relevant, the Regional
Administrator or delegated Tribal authority will also consider whether
or not the proposed open burn can be conducted without causing or
contributing to any other adverse impact on air quality. These other
adverse impacts on air quality would be specific to the particular
burn, such as the type of burn and its location, the local meteorology,
and the areas expected to be impacted by the smoke. The EPA proposes to
add a provision allowing the Regional Administrator or delegated Tribal
authority to revoke the approval to burn based on changes in these air
quality considerations. In such cases, the permittee would be required,
after being contacted about the revocation, to immediately extinguish
the fire if safe to do so, discontinue lighting the fire, and withhold
additional material such that the fire burns down, as applicable.
The exemptions to the requirement to obtain a large open burning
permit are generally the same as the exemptions in the General rule for
open burning (40 CFR 49.131) with a few exceptions. Recreational fires
meeting the definition of ``large open burn'' are exempt from
permitting. In addition, agricultural burns and forestry and
silvicultural burns are exempt from the Rule for large open burning
permits (40 CFR 49.132).
The large open burning permit rule will continue to apply on the
Nez Perce Reservation and the Umatilla Indian Reservation, as shown in
Table 2 in Section B of this preamble. The EPA is also proposing that
40 CFR 49.132 be newly applied on the Yakama Reservation, as shown in
Table 2 of this preamble. The EPA anticipates that the Nez Perce Tribe
and the Umatilla Indian Tribe will update their EPA delegation to
implement this revised rule on their respective reservations. The EPA
also anticipates that the Confederated Tribes and Bands of the Yakama
Nation will seek EPA delegation to implement this revised rule on their
reservation.
Section 49.142 Rule for small open burning annual permits. The EPA
is also proposing to establish a permitting program option requiring an
annual permit for ``small open burning'' within an Indian reservation.
The proposed revisions define a ``small open burn'' or ``small open
burning'' as the open burning of a single pile of the specified
materials that is 10 feet or less in diameter or 60 feet or less of
ditch bank or fence line vegetation. These are the criteria that have
been used by the EPA and delegated Tribal authorities that have been
implementing the general open burning permit program under the FARR to
distinguish between large and small open burns.
This proposed new rulemaking would require the owner or lessee of
property on an Indian reservation where this section applies and on
which small open burns will be conducted to apply for and obtain an
annual permit for open burning. To ensure consistency with the use of
forms under rules of the Office of Management and Budget, the proposed
rulemaking specifies that the application must be submitted on forms
approved by the EPA. The obligations to comply with the permit and
other requirements of this section would extend to any owner and lessee
of the property and any person conducting a small open burn on the
property. The permit would cover all small open burns conducted at a
given property for the calendar year in which it is issued, without the
need to apply for and obtain a burn permit for each individual small
open burn. Should the owner or lessee of the property covered by the
annual permit change within the year, a new application and permit
would be required.
To conduct a small open burn under this permit on any particular
day, persons subject to this section must (1) ensure that the person
conducting the burn is familiar with the requirements of the permit;
(2) ensure that the permit is available on-site during the open burn;
(3) conduct the open burn in accordance with the terms and conditions
of the permit; (4) comply with the General rule for open burning (40
CFR 49.131) or the EPA-approved Tribal open burning rules in a TIP; and
(5) prior to igniting a burn, check whether burning is allowed for the
area on that day and complete the burning within the designated time
period. The proposed exemptions are generally the same as for large
open burning permits.
To determine if burning is allowed under an annual permit on any
given day, the Regional Administrator or delegated Tribal authority
will identify and publicize each day as a ``burn day'' or a ``no burn
day'' and, for a burn day, specify the hours and the geographic area
for which burning is allowed. When deciding whether to call a burn day,
the Regional Administrator or delegated Tribal authority will take into
consideration relevant factors, including but not limited to, the
current and projected air quality conditions, the forecasted
meteorological conditions, other scheduled burning activities in the
surrounding area and other factors indicating whether or not open
burning can be conducted without causing or contributing to an
exceedance of a national ambient air quality standard.
[[Page 61880]]
When relevant, the Regional Administrator or delegated Tribal authority
will also consider whether open burning can be conducted without
causing or contributing to any other adverse impact on air quality.
A permit issued under this section expires at the end of the
calendar year unless it is revoked prior to that time based on a
written notice to the permit holder finding that the permit must be
revoked or revised to ensure compliance with this section, 40 CFR
49.131 General rule for open burning or the applicable EPA-approved
Tribal open burning rule, or to protect the public health and welfare.
This option for a single permit for all small open burns conducted
on a specific property within a calendar year greatly reduces the
burden on individuals who would otherwise need to apply for a permit
multiple times when conducting more than one burn during the calendar
year. Permit issuance once per year also reduces the workload for the
EPA and delegated Tribal air programs, and in turn allows for burn
approvals to be processed more quickly, benefiting all parties
involved.
In coordination and consultation with the affected Tribes, the EPA
is proposing that 40 CFR 49.142 apply on the Umatilla Indian
Reservation, as shown in Table 2 in Section B of this preamble. This
is, in essence is a continuation of the burn permit program that the
Umatilla Indian Tribe has been implementing on its Reservation under a
delegation with the EPA for many years. The EPA is also proposing that
40 CFR 49.142 apply on the Yakama Reservation, as shown in Table 2 of
this preamble. As with the Rule for large open burning permits (40 CFR
49.132), the EPA anticipates that these Tribes will either update their
EPA delegation or seek EPA delegation to implement this new section on
their reservation.
Section 49.143 Permit by rule for small open burns. The EPA is also
proposing another option for small open burns: a permit by rule that
would apply within a specific Indian reservation. Like 40 CFR 49.142
Rule for small open burning annual permits, the obligation to submit an
application (referred to in this section as a ``request for coverage'')
applies to the owner or lessee of the property on which the burning
will be conducted, but other compliance obligations extend to any
person conducting a small open burn on an Indian Reservation where this
section applies, as well as to the owner or lessee of the subject
property. The proposed exemptions under both rules are also the same.
In contrast to the Rule for small open burning annual permits (40
CFR 49.142), this section would require the owner or lessee of the
property on which small open burning will be conducted to submit a one-
time request for approval to burn. This ``approval of coverage'' under
this permit by rule would remain valid for the property until the owner
or lessee changes, at which time a new request for approval of coverage
would be required. Another key difference from the rule for annual
permits for small open burns is that the approval under this permit by
rule would be immediately effective, with no explicit approval required
by the implementing agency. Note, however, that a request for approval
of coverage may be denied if it is not consistent with the requirements
of this section, 40 CFR 49.131 General rule for open burning or the
applicable EPA-approved Tribal open burning rule. In addition, prior to
conducting a burn on a given day, a person subject to this section must
confirm that the day is a ``burn day,'' as further explained in the
following paragraphs.
The owner or lessee of the property on which small open burns will
be conducted under this permit by rule must apply for approval of
coverage. To conduct a small open burn, persons subject to this section
must (1) ensure that the person conducting the burn is familiar with
the requirements of the approval of coverage; (2) ensure that the
approval of coverage is available on-site during the open burn; (3)
conduct the open burn in accordance with the approval of coverage; (4)
comply with the General rule for open burning (40 CFR 49.131) or the
EPA-approved Tribal open burning rules in a TIP; and (5) prior to
igniting a burn, check whether burning is allowed for the area on that
day and complete the burning within the designated time period.
As under the Rule for small open burning annual permits (40 CFR
49.142), to determine if burning is allowed on any given day, the
Regional Administrator or delegated Tribal authority will identify and
publicize each day as a ``burn day'' or a ``no burn day'' and for a
burn day, specify the hours and the geographic area for which burning
is allowed. When deciding whether to call a burn day, the Regional
Administrator or delegated Tribal authority will take into
consideration relevant factors including, but not limited to, the
current and projected air quality conditions, the forecasted
meteorological conditions, other scheduled burning activities in the
surrounding area and other factors indicating whether or not open
burning can be conducted without causing or contributing to an
exceedance of a national ambient air quality standard. When relevant,
the Regional Administrator or delegated Tribal authority will also
consider whether open burning can be conducted without causing any
other adverse impact on air quality.
This proposed rulemaking is also expected to reduce the burden on
individuals of filling out multiple burn applications when conducting
more than one burn during the period of property ownership, as well as
the burden on the EPA and the delegated Tribe in implementing the
permit program. The reduction in burden would be expected to be even
greater than under the Rule for small open burning annual permits (40
CFR 49.142) because the application process is a one-time action and no
action by the implementing agency is required to make the approval of
coverage under the permit by rule effective as to a specified property.
In coordination and consultation with the affected Tribe, the EPA
is proposing that 40 CFR 49.143 apply on the Nez Perce Reservation, as
shown in Table 2 in Section B of this preamble. As with the other burn
permit rules, the EPA anticipates that the Nez Perce Tribe will update
their EPA delegation to implement this burn permit program on its
reservation.
Section 49.133 Rule for agricultural burning permits. This section
establishes a permitting program for agricultural burning within an
Indian reservation. As with the previous open burning permit rules, the
EPA is proposing to expand the applicability of this section to apply
to lessees of land on which agricultural burning is conducted to ensure
parties that may be responsible for burning decisions on a given
property are responsible for complying with the requirements of this
section. To ensure consistency with the use of forms under rules of the
Office of Management and Budget, the revisions clarify that the
application must be submitted on forms approved by EPA. The EPA is
clarifying the air quality criteria considered in determining whether a
burn permit will be issued consistent with the same criteria in 40 CFR
49.132 Rule for large open burning permits. Consistent with the other
burn permit rules, the revisions provide that an application must be
submitted at least 1 day prior to the proposed burn. The EPA is also
clarifying that the permit authorizes burning only for the date(s) and
time(s) specified in the permit, the procedures for obtaining approval
to burn under the permit, and
[[Page 61881]]
that the permit may include other necessary provisions to ensure
compliance with 40 CFR 49.131 General rule for open burning or the EPA-
approved applicable Tribal open burning rule, as well as to protect
health and welfare.
This section continues to apply on the Nez Perce Reservation and
the Umatilla Indian Reservation, as shown in Table 2 in Section B of
this preamble. The EPA is also proposing that 40 CFR 49.133 be newly
applied on the Yakama Reservation, as shown in Table 2 of this
preamble. The EPA anticipates that the Nez Perce Tribe and the Umatilla
Indian Tribe will update their EPA delegations to implement this
revised section on their Indian reservations. The EPA also anticipates
that the Confederated Tribes and Bands of the Yakama Nation will seek
EPA delegation to implement this revised section on their reservation.
Section 49.134 Rule for forestry and silvicultural burning permits.
This section establishes a permitting program for forestry and
silvicultural burning within an Indian reservation. The EPA is
proposing the same revisions to this section as to the Rule for
agricultural burning permits (40 CFR 49.133).
As discussed in section D. of this preamble, Relationship between
Part 49, Subpart C and Subpart M, this rulemaking does not apply on all
reservations, as does the General Rule for Open Burning (40 CFR
49.131), but instead applies on those reservations where it was
determined that a permitting program, in addition to the General Rule
for Open Burning (40 CFR 49.131), is appropriate to better assure that
emissions from forestry and silvicultural burning do not cause or
contribute to a violation of the NAAQS. Importantly, although this rule
requires, where it applies, permits for prescribed fires as that term
is defined in the rule for ``Treatment of Air Quality Monitoring Data
Influenced by Exceptional Events'' (40 CFR 50.14), 40 CFR 49.134 is not
a smoke management program, nor does it require burn managers to employ
basic smoke management practices as listed in Table 1 to 40 CFR 50.14.
However, as previously noted, nothing in the FARR or the proposed
revisions restricts the exclusion of air quality monitoring data
influenced by prescribed fires that meet the criteria set forth in 40
CFR 50.14(b)(3).
This section continues to apply on the Nez Perce Reservation and
the Umatilla Indian Reservation, as shown in Table 2 in Section B of
this preamble. As with the Rule for agricultural burning permits (40
CFR 49.133), the EPA anticipates that these Tribes will update their
EPA delegation to implement this revised section on their Indian
reservations.
Section 49.135 Rule for emissions detrimental to public health or
welfare. Under this section, an owner or operator of an air pollution
source is not allowed to cause or allow the emission of any air
pollutants, in sufficient quantities and of such characteristics and
duration, that the Regional Administrator determines (1) causes or
contributes to a violation of any NAAQS, or (2) is presenting an
imminent and substantial endangerment to public health or welfare, or
the environment. This section provides the EPA with the authority to
require the installation of air pollution controls or other measures in
order to reduce emissions to protect the NAAQS or prevent imminent and
substantial endangerment. The section currently allows the EPA to
require such controls through either a permit to construct or a non-
Title V operating permit under 40 CFR 49.139. Since the FARR was
enacted, the EPA has promulgated rules for permits to construct in
Indian country (the Indian Country Minor NSR rules at 40 CFR 49.151
through 49.164 and the Federal Major New Source Review Program for
Nonattainment Areas in Indian Country at 40 CFR 49.166 through 49.173).
Region 10 has determined that it is not appropriate to use permits to
construct to implement 40 CFR 49.135 because the Indian Country Minor
NSR rules apply only to projects at existing sources that increase
emissions and do not include provisions for the permitting authority to
require reductions in emissions when there is not a proposed
modification to the existing source. Therefore, the EPA is proposing to
remove permits to construct as an option for implementing this section.
Requirements under this section would be established solely through
issuance of a non-Title V operating permit under 40 CFR 49.139.
This provision currently provides that nothing in the provision
shall be construed to impair any cause of action or legal remedy of any
person, or the public, for injury or damages arising from the emission
of any air pollutant in such place, manner, or amount as to constitute
a common law nuisance. The EPA is proposing to revise the reference to
``common law nuisance'' to ``nuisance under any other applicable law''
to ensure this provision includes applicable statutory and regulatory
nuisance provisions as well as common law nuisance.
Section 49.137 Rule for air pollution episodes. This section
establishes procedures for preventing and addressing the excessive
buildup of certain NAAQS pollutants within an Indian reservation to
prevent the occurrence of an air pollution emergency. It establishes
criteria for issuing air stagnation advisories. It also establishes air
pollution action levels and the action level triggers (air quality
levels) that are used for the declaration of an air pollution alert,
air pollution warning, or air pollution emergency. The current air
pollution action level triggers are based on 40 CFR part 51, appendix L
(Example Regulations for Prevention of Air Pollution Emergency
Episodes) and currently do not include action level triggers for
PM2.5.
We are proposing to revise the current action level triggers for
the three action levels (air pollution alert, air pollution warning,
and air pollution emergency) to align with the Air Quality Index (AQI)
categories (unhealthy, very unhealthy, and hazardous) and the
associated concentration thresholds. The AQI categories and
concentration thresholds are found in Table 2 of 40 CFR part 58,
appendix G, Uniform Air Quality Index and Daily Reporting. This
revision will also add action level triggers for PM2.5.
Based on input from Tribes, and after careful consideration, the EPA is
proposing this approach for several reasons. First, if the NAAQS and
corresponding AQI categories and concentrations are ever revised, the
more generalized language would automatically be up to date. Second,
the AQI is based on short term concentrations, which are more
appropriate for action level triggers. Finally, the action level
triggers will now better align with the health messaging associated
with the AQI categories and concentrations, which are publicly
available and widely used. The EPA is also clarifying that air
pollution alerts, air pollution warnings, and air pollution emergencies
can be declared under situations other than just periods of stagnant
air such as high wind events associated with dust storms and wildfires.
Finally, the EPA is proposing revisions to update the description of
the methods the EPA will consider in order to announce an air
stagnation advisory, an air pollution alert, an air pollution warning,
or an air pollution emergency, such as posting the announcement to
Region 10's social media, and to clarify the method for terminating a
declaration.
Section 49.138 Rule for the registration of air pollution sources
and the reporting of emissions. Under the current rules, any person who
owns or operates a 40 CFR part 71 source, a source subject to a
standard under CAA sections 111 or 112, or any other air pollution
source not expressly
[[Page 61882]]
exempted from this section is required to annually register the source
with the EPA and report emissions. This section was intended to ensure
a current and accurate record of the emissions from non-trivial air
pollution sources operating within an Indian reservation is developed
and maintained. Subject sources were required to register by February
15, 2007, and ``new air pollution sources'' must register within 90
days after beginning operation. A ``new air pollution source'' is
currently defined as a source that begins actual construction after the
effective date of the original rule (70 FR 18074, June 7, 2005). Any
other source is considered an existing source.
Shortly after the EPA began implementing 40 CFR 49.138, it became
apparent that the rule was unintentionally overbroad. Because 40 CFR
49.138 is structured such that the 2 ton per year emissions exemption
applies only to ``any other air pollution source,'' the current
language could be read to require very small sources subject to CAA
section 111 or section 112 standards to register. For example, the
current rule language could require wood stoves and small emergency
generators subject to New Source Performance Standards under section
111 to register. This section could also be read to require some
sources subject to National Emission Standards for Hazardous Air
Pollutants under CAA section 112 to register even though they would
have no (or trivial) emissions of the air pollutants that are required
to be reported under the registration rule.
To address this unintended consequence, Region 10 issued an
interpretative guidance document in 2005 to clarify the EPA's
expectation that non-Title V sources that were subject to CAA section
111 or 112 standards were required to register only if they had the
potential to emit more than 2 tons per year of any of the listed air
pollutants.\5\ In this rulemaking, Region 10 is proposing to revise 40
CFR 49.138 to be consistent with this interpretation. We are proposing
to remove the language that required sources subject to CAA section 111
or 112 standards to register regardless of the level of emissions and
are proposing to add language that any air pollutant source that has
the potential to emit more than 2 tons of the listed air pollutants is
required to register unless it is covered by one of the categorical
exemptions. Because the 2 ton per year criterion would be an
applicability provision, we are proposing to remove that criterion from
the list of exemptions.
---------------------------------------------------------------------------
\5\ ``Determining if Your Business Needs to Register with EPA as
an Air Pollution Source,'' EPA Region 10 (October 5, 2005).
---------------------------------------------------------------------------
In addition to this change, we are proposing revisions to the
registration rule to be generally consistent with the applicability
provisions of the Indian Country Minor NSR Rule (40 CFR 49.151 through
49.164), which was promulgated after the FARR was promulgated in 2005
and which applies to new and modified minor stationary sources and to
minor modifications at existing major stationary sources where the
increase in emissions is above specified thresholds. Currently, the
FARR registration rule includes sources required to have40 CFR part 71
operating permits in the list of sources required to register. Since
the Indian Country Minor NSR Rule was promulgated after the 2005
promulgation of the FARR, the EPA is proposing to revise the
applicability criteria in 40 CFR 49.138 to include sources required to
have a permit under the Indian Country Minor NSR Rule, as well as
sources required to have a non-Title V operating permit under 40 CFR
49.139. These additions will help accomplish the goal of this section
(ensuring a current and accurate inventory of emissions from non-
trivial air pollution sources) by requiring all sources on Indian
reservations that are required to have permits under the Clean Air Act
to register under the FARR.
The EPA is also proposing revisions to the list of sources
specifically exempt from the registration rule. The registration rule
contains a list of source categories that are exempt from registration
because emissions from sources in the category are likely to be trivial
(e.g., consumer use of office equipment and products) or because a
registration program is not appropriate for sources in the category
(e.g., mobile sources). When the EPA promulgated the Indian Country
Minor NSR Rule, it exempted from the program various emissions units
and activities that were based, in part, on the FARR registration
exemptions but included some additional categorical exemptions that are
not currently in the FARR registration rule. See 40 CFR 49.153(c). The
EPA has considered these additional categories and is proposing to add
two of them to the FARR registration rule: (1) emergency generators,
designed solely for the purpose of providing electrical power during
outages, provided the total maximum manufacturer's site-rated
horsepower of all units is below 1000; and (2) stationary internal
combustion engines with a manufacturer's site rated horsepower of less
than 50. Although the potential to emit pollutants of such units would
likely be less than the 2 ton per year applicability threshold, adding
them to the list of categorically exempted sources reduces the burden
of having to do emission calculations to confirm the exemption.
Another area of revisions to this rule relates to the date by which
registration is required. As discussed previously in section C of this
preamble, the EPA is proposing to extend the requirements of this
section to the Cowlitz Indian Reservation, the Snoqualmie Indian
Reservation, and lands held in trust for the Samish Indian Nation and
to clarify that this rule also applies to all lands held in trust for a
Tribe in Idaho, Oregon, and Washington that have not been formally
designated as a reservation. The EPA is therefore revising the
registration provision to provide a date by which existing sources in
such areas are required to register. Under the proposed revisions,
subject sources located on the Tribal lands listed in this section in
existence on the effective date of the FARR revisions would be required
to register by no later than 6 months after the effective date of FARR
revisions. ``New air pollution sources'' continue to be required to
register within 90 days after beginning operation. The EPA has also
revised the definition of ``new air pollution source'' to accommodate
the additional Tribal lands proposed for coverage under these FARR
revisions. All subject sources continue to be required to re-register
each year and provide updates on any changes to the information
provided in the previous registration and promptly report any changes
in ownership, location, or operation.
The EPA is also proposing to update provisions specifying the
information required to be submitted in the initial and annual
registration to include more commonly used current technology (e.g.,
email rather than facsimile, Global Positioning System coordinates
rather than latitude and longitude). We are also proposing to require
that the copy of the most recent fugitive particulate matter survey and
current fugitive particulate matter plan be submitted with the
registration to better assure compliance with the requirements of 40
CFR 49.126 Rule for limiting fugitive particulate matter emissions.
The EPA is also proposing to update the method for submitting the
initial and annual registrations. Currently, all registrants can
register and report either through a paper application or through the
FARR Online Reporting System (FORS). The online database was
[[Page 61883]]
implemented in 2016 to simplify the registration process from year to
year. Through the online database, the EPA is collecting the same
information from facilities as it does from paper registrations. The
benefits of the online registration include improved recordkeeping by
allowing better and faster access to previous registrations, populating
each annual registration with existing, basic information about the
facility and decreasing the amount of time and resources needed to
report emissions after initial registration. In 2016 (the emission
reporting year for calendar year 2015), when FORS became the preferred
method of registration, 88 facilities out of a total of 154 facilities,
or 57%, registered online. In 2020 (the emission reporting year for
calendar year 2019), approximately 117 facilities out of 138
facilities, or 85%, chose to register online. As the Federal government
moves toward e-government, in an attempt to streamline and simplify
current procedures through electronic reporting, Region 10 is proposing
to require all registration information and reports be submitted online
through FORS within the EPA's Central Data Exchange (CDX), at https://cdx.epa.gov. Exceptions will be made if a facility attains prior
written approval from Region 10 to submit a paper application.
The EPA is also proposing clarifying revisions to the requirement
to report any relocation of the source in 40 CFR 49.138 (d)(5). As
revised, 40 CFR 49.138 makes clear that report of relocation is
required whether the relocation is within, off, or onto an Indian
reservation, but that more limited information is required to be
reported when the source is moving to a site outside of an Indian
reservation in Idaho, Oregon, and Washington. EPA notes that relocation
of a source may also trigger preconstruction permitting requirements.
In addition, EPA is making a revision to the report of closure to
clarify that the report must include the actual emissions through the
date of closure.
Finally, for sources subject to 40 CFR part 71, we are eliminating
the requirement to submit information already required by 40 CFR part
71 reporting requirements. The EPA is proposing to revise 40 CFR 49.138
to clarify that the only requirements of this section applicable to 40
CFR part 71 sources are the requirement to submit estimates of total
actual emissions from the air pollution source and the requirement to
submit a copy of the most recent fugitive particulate matter survey and
plan as required under 40 CFR 49.126. The EPA is also proposing
revisions to require that 40 CFR part 71 sources report the specified
information by February 15 of each year (the same date as all other
sources subject to the registration rule) rather than the date that
their 40 CFR part 71 reports are due. 40 CFR part 71 required reports
are now often submitted online through CEDRI within the EPA's Central
Data Exchange (CDX), at https://cdx.epa.gov. Finally, the EPA is
proposing that the owner or operator of a 40 CFR part 71 source submit
reports of a change in ownership and closure, as applicable, because
this information is not routinely required in a 40 CFR part 71 permit.
Section 49.139 Rule for non-Title V operating permits. This section
provides a permitting program to establish Federally-enforceable
requirements for air pollution sources on Indian reservations. In this
rulemaking, the EPA is proposing to rescind a duplicative provision of
this section pertaining to certain owner-requested limits and to add
administrative procedures to clarify the process for issuing or
revising a permit.
This rulemaking, as currently written, provides for the issuance of
a permit containing Federally-enforceable requirements in the following
three situations: (1) the owner or operator of any source wishes to
obtain a Federally-enforceable limitation on the source's actual
emissions or potential to emit; (2) the Regional Administrator
determines that additional Federally-enforceable requirements for a
source are necessary to ensure compliance with the applicable
implementation plan, which would include any applicable FIP or TIP; or
(3) the Regional Administrator determines that additional Federally-
enforceable requirements for a source are necessary to ensure the
attainment and maintenance of any NAAQS or Prevention of Significant
Deterioration (PSD) increment.
On July 1, 2011, the EPA promulgated the Indian Country Minor NSR
Rule, which includes provisions for establishing synthetic minor
permits in Indian country (40 CFR 49.158). The rule defines ``synthetic
minor source'' as a source that otherwise has the potential to emit
regulated NSR pollutants in amounts that are at or above those for
major sources in 40 CFR 49.167, 40 CFR 52.21 or 40 CFR 71.2, but that
has taken a restriction so that its potential to emit is less than such
amounts for major sources. 40 CFR 49.152(d). In promulgating the Indian
Country Minor NSR Rule, the EPA stated that sources seeking synthetic
minor status within the exterior boundaries of Indian reservations in
Idaho, Oregon, and Washington must apply for synthetic minor source
permits under the provisions of that rule and may no longer seek limits
to become a ``synthetic minor source'' under the FARR (76 FR 38748,
38749, July 1, 2011). To be consistent with the Indian Country Minor
NSR Rule, the EPA is proposing to rescind the provisions of 40 CFR
49.139 that are superseded by 40 CFR 49.158 of the Indian Country Minor
NSR Rule and to add language making clear that applications for owner-
requested synthetic minor limits must be submitted under 40 CFR 49.158
of the Indian Country Minor NSR Rule. For the same reason, we are
proposing to delete the provision that authorizes owner-requested
limits to be established in permits under 40 CFR part 71 or a Tribal
operating permit program approved under 40 CFR part 70. The proposed
revisions will now limit the application of 40 CFR 49.139 to the owner
or operator of any air pollution source who wishes to obtain a
Federally-enforceable limitation on the source's emissions that cannot
be obtained under the Indian Country Minor NSR Rule (40 CFR 49.151
through 49.173). Examples of such situations include federally-
enforceable limits to implement netting or offsets because the Indian
Country Minor NSR Rule defines ``synthetic minor source'' as including
only those sources that take a limit on potential to emit ``so that its
potential to emit is less than such amounts for major sources.'' 40 CFR
49.152(d).
The EPA is also proposing to broaden the applicability provisions
of 40 CFR 49.139 to provide Region 10 the authority to require a source
to obtain a non-Title V operating permit where the Regional
Administrator determines that additional Federally-enforceable
requirements are necessary to implement or ensure compliance with any
other provisions of the Clean Air Act (e.g., regional haze). The EPA
anticipates that such situations are likely to be extremely rare. In
the more than 15 years since the FARR has been in effect, the EPA has
not found it necessary to require a source to obtain a permit under 40
CFR 49.139. Having that authority available through a permit issuance
process, should the need arise, however, would avoid the far more
resource intensive process of promulgating a source-specific FIP to
address an air quality issue.
We are also proposing to revise the existing administrative
procedures for issuing non-title V operating permits and to add
provisions for reopening and revising such permits. The Indian Country
Minor NSR rule has detailed procedures for issuing, reopening, and
[[Page 61884]]
revising Clean Air Act permits on Indian reservations. For
administrative efficiency, the EPA is proposing to use generally the
same procedures for issuing, reopening, and revising non-title V
operating permits. The EPA has also added a proposed definition of
``non-title V operating permit,'' defined as a permit issued by the
Regional Administrator under this section.
Section 49.140 Rule for residential wood burning devices. The EPA
is proposing to add a rule regulating the installation of certain
residential wood burning devices and limiting what fuels can be burned
in such devices in order to control the emissions of particulate matter
and other pollutants to the atmosphere. In many areas of the Pacific
Northwest, smoke from residential wood burning devices is a significant
source of PM2.5 and PM10 emissions. Regulating
residential wood burning devices and the burning in such devices
therefore helps protect air quality.
The proposed rulemaking would prohibit, after the effective date of
the rule, the installation of new and used residential wood heaters,
hydronic heaters, forced air furnaces, or central heaters unless they
have been certified by the EPA to meet the applicable particulate
matter emission standards for woodfired heating devices established in
the Standards of Performance for New Residential Wood Heaters (40 CFR
part 60, subpart AAA) and the Standards of Performance for New
Residential Hydronic Heaters and Forced-Air Furnaces (40 CFR part 60,
subpart QQQQ) as amended in 2015 (80 FR 13672, March 16, 2015), or any
later promulgation of these standards, and have a permanent label
affixed to the device as provided in 40 CFR 60.536 or 40 CFR 60.5478.
Certified wood burning devices generate less smoke (fewer particulates)
than non-certified wood burning devices and use less wood to create
heat, improving air quality in communities where people burn wood for
heat. Individuals living on Indian reservations would be able to
continue using uncertified and older certified residential wood
heaters, hydronic heaters, forced air furnaces, or central heaters as
long as the devices were installed prior to the effective date of this
new rule. The proposed rulemaking is more protective of air quality and
would better reduce particulate matter from residential wood burning
devices in comparison to requirements in surrounding jurisdictions that
allow installation of any certified residential wood burning device.
The EPA is therefore also proposing, in the alternative, a rule more
consistent with surrounding jurisdictions and that would prohibit the
installation of new and used residential wood heaters, hydronic
heaters, forced air furnaces, and central heaters unless they have been
certified by the EPA to meet the applicable particulate matter emission
standards for woodfired heating devices established in the Standards of
Performance for New Residential Wood Heaters (40 CFR part 60, subpart
AAA) and Standards of Performance for New Residential Hydronic Heaters
and Forced-Air Furnaces (40 CFR part 60, subpart QQQQ), and have a
permanent label affixed to the device as provided in 40 CFR 60.536 or
40 CFR 60.5478. In effect, the proposal in the alternative would allow
the installation of any new or used residential wood heater, hydronic
heater, forced air furnace, or central heater that has been certified
by the EPA since subparts AAA and QQQQ were first promulgated.
The EPA is requesting comment specifically on whether the proposed
rulemaking or the proposed alternative should be finalized in order to
regulate the installation of new and used residential wood heaters,
hydronic heaters, forced air furnaces, and central heaters on Indian
reservations in Idaho, Oregon, and Washington. In taking final action,
EPA will consider the input we receive regarding the benefits of
enhanced environmental protection and the benefits of consistency with
surrounding jurisdictions.
This proposed rulemaking would also limit materials that can be
burned in all existing and newly installed types of residential wood
burning devices (including fireplaces) to: (1) seasoned firewood, which
is firewood that has a moisture content of 20% or less; (2) kiln dried
or air dried lumber that has not been treated, impregnated, painted or
coated; (3) products manufactured for the purpose of being used as a
fuel for a residential wood burning device, such as wood pellets and
biomass fire logs intended for burning in a wood stove or fireplace;
and (4) manufactured fire starters and paper sufficient to start a
fire.
These new requirements are consistent with the intent of the FARR:
to ensure that residents within the boundaries of Indian reservations
enjoy air quality protection similar to those existing outside
reservations. Over the years, many jurisdictions on State lands outside
of Indian reservations have similarly banned the installment of
uncertified wood burning devices and limited material that can be
burned in residential wood burning devices. This proposed section would
therefore help ensure a similar degree of protection from environmental
and health hazards on Indian reservations as in neighboring areas.
Section 49.141 Rule for curtailment of residential wood burning
devices for specific areas. The EPA is proposing to require the
curtailment of residential wood burning devices (commonly referred to
as ``burn bans'') during periods of poor air quality in specific
geographical areas on certain Indian reservations with demonstrated
elevated concentrations of particulate matter. This prohibition would
apply to wood stoves and similar wood burning devices as well as to
fireplaces. In some areas of Indian reservations in Idaho, Oregon, and
Washington, stagnant air and use of wood burning devices, particularly
in winter, drive particulate matter concentrations to elevated levels,
causing concern for human health. Fine particles can make asthma
symptoms worse and trigger asthma attacks. Fine particles can also
trigger heart attacks, stroke, irregular heart rhythms and heart
failure, especially in people who are already at risk for these
conditions. As discussed in section I.B of this preamble,
PM2.5 concentrations that exceed the NAAQS over a 3-year
period can result in a ``nonattainment'' designation under the CAA,
which in turn can result in more stringent air pollution reduction
measures. A burn ban rule would help areas with elevated
PM2.5 levels take proactive steps to avoid a
``nonattainment'' designation. Many State and local air agencies in the
Pacific Northwest have curtailment programs for residential wood
heating devices with procedures, conditions, and exemptions similar to
those the EPA is proposing.
This proposed curtailment program establishes two burn ban stages.
During a Stage 1 ban, only EPA-certified residential wood burning
devices are permitted to be used. During a Stage 2 ban, no wood burning
devices, even EPA-certified devices, are permitted to be used. A
residence that self-certifies that wood is the sole source of heat or
that the use of an available alternative heat source would impose an
economic hardship would be exempt from both stages of burn bans. This
exemption would remain in effect for 5 years from the date of self-
certification, unless there is a change to the qualification status of
the residence covered by the exemption. A ``Self-Certification''
exemption form will be available on Region 10's website and other
locations and must be completed and kept on site for any residence
relying on this exemption.
The EPA is proposing a phased in approach for implementation and
enforcement of this rule. The first year
[[Page 61885]]
after promulgation, the EPA or delegated Tribe will run a voluntary
curtailment program to help familiarize homeowners with the curtailment
program. The mandatory curtailment program will begin October 1st of
the 2nd calendar following the year of promulgation of this rulemaking
for a particular reservation. After the implementation date, the EPA
and delegated tribes will continue to focus on compliance assistance
work. This will be in the form of assistance, outreach, and education,
in partnership with affected Tribes regarding the new rules, the
process for certifying for exemption status and the adverse health
effects of high particulate matter levels.
After coordination and consultation with the affected Tribes, for
the reasons explained in section B of this preamble, the EPA is
proposing that 40 CFR 49.141 apply on the Colville, the Nez Perce and
the Yakama Reservations, as shown in Table 2 in Section B of this
preamble. The EPA anticipates that each of these Tribes will seek EPA
delegation to implement this section on their reservations.
B. Rules Proposed for Specific Indian Reservations
As discussed in section A of this preamble, the EPA is proposing to
promulgate several rules that would only apply on specific Indian
reservations where the EPA finds, in coordination and consultation with
the relevant Tribes, that the rules are necessary or appropriate. This
is consistent with the approach under the FARR as promulgated in 2005,
in which the EPA promulgated one or more additional rules on the
Colville, Nez Perce, and Umatilla Reservations. Except as otherwise
noted in this section, the additional rules promulgated for the
specified Indian reservations in 2005 remain in effect, to be revised
as proposed in this rulemaking.
This section summarizes the new rules that the EPA proposes to
apply to specified Indian reservations, as well as existing rules (in
some cases with proposed revisions) that the EPA proposes to apply to
additional Indian reservations. In each case, the proposed additional
rules are intended to regulate activities that contribute to elevated
particulate matter concentrations in areas where there are air quality
concerns. As in promulgating additional rules to apply on specified
Indian reservations when the FARR was promulgated in 2005, the EPA is
basing the determination of whether the additional rules proposed in
this action are necessary or appropriate for a particular Indian
reservation on a number of factors, including the prevalence of the
activity on the reservation, the significance of the resulting
pollution on air quality in the area and adjacent airsheds, and whether
the Tribe has Tribal laws to control this type of pollution (67 FR
11748, 11755 March 15, 2002). These proposed regulations would be part
of FIPs for specific Indian reservations as specified in subpart M of
this part.
For the new 40 CFR 49.141 Rule for curtailment of residential wood
burning devices for specific areas, the EPA evaluated PM2.5
air quality monitoring data on or near reservations in Idaho, Oregon,
and Washington to assess which reservations had elevated wintertime
PM2.5 levels. The EPA also received input from Tribes about
the prevalence of wood burning devices on their reservations, the
contribution of wood burning devices on their reservations to elevated
PM2.5 levels, and existing efforts to address wood burning
devices in the airsheds of concern. Based on this information, the EPA
determined it is appropriate to propose to apply 40 CFR 49.141 Rule for
curtailment of residential wood burning devices for specific areas, on
the Colville, Nez Perce, and Yakama Reservations.
Table 2 of this section lists the ``additional'' rules the EPA is
proposing to apply on five Indian reservations where the EPA has found,
in coordination and consultation with the relevant Tribes, that it is
appropriate to establish these specific requirements in their FIPs in
order to control particulate matter pollution, as well as the
additional rules that will continue to apply, as revised, on the
specified Indian reservations. There are currently no additional rules
that apply on the Yakama Reservation. The EPA is proposing that 40 CFR
49.132 Rule for large open burning permits, 40 CFR 49.133 Rule for
agricultural burning permits, 40 CFR 49.141 Rule for curtailment of
residential wood burning devices for specific areas, and 40 CFR 49.142
Rule for small open burning annual permits apply on the Yakama
Reservation, as shown in Table 2. As discussed in section A of this
preamble, the EPA is proposing that 40 CFR 49.128 Rule for limiting
particulate matter emissions from wood products industry sources be
applied on the Coeur D'Alene Reservation because the operations of a
wood products facility located on the Coeur D'Alene Reservation may
contribute to the elevated levels of PM2.5 in St. Maries,
Idaho.
Additional information supporting the proposed additional rules for
the specified Indian reservations, shown on Table 2 and marked with an
asterisk, is included in the docket for this proposal.
Table 2--Additional Rules \6\
------------------------------------------------------------------------
Section No. Additional rules
------------------------------------------------------------------------
Coeur D'Alene Reservation, Idaho
------------------------------------------------------------------------
Sec. 49.128 *................... Rule for limiting particulate matter
emissions from wood products
industry sources.
------------------------------------------------------------------------
Colville Reservation, Washington
------------------------------------------------------------------------
Sec. 49.127..................... Rule for woodwaste burners.
Sec. 49.128..................... Rule for limiting particulate matter
emissions from wood products
industry sources.
Sec. 49.141 *................... Rule for curtailment of residential
wood burning devices for specific
areas.
------------------------------------------------------------------------
Nez Perce Reservation, Idaho
------------------------------------------------------------------------
Sec. 49.127..................... Rule for woodwaste burners.
Sec. 49.128..................... Rule for limiting particulate matter
emissions from wood products
industry sources.
Sec. 49.132 [dagger]............ Rule for large open burning permits.
Sec. 49.133..................... Rule for agricultural burning
permits.
Sec. 49.134..................... Rule for forestry and silvicultural
burning permits.
Sec. 49.141 *................... Rule for curtailment of residential
wood burning devices for specific
areas.
[[Page 61886]]
Sec. 49.143 [dagger]............ Permit by rule for small open burns.
------------------------------------------------------------------------
Umatilla Indian Reservation, Oregon
------------------------------------------------------------------------
Sec. 49.132 [dagger]............ Rule for large open burning permits.
Sec. 49.133..................... Rule for agricultural burning
permits.
Sec. 49.134..................... Rule for forestry and silvicultural
burning permits.
Sec. 49.142 [dagger]............ Rule for small open burning annual
permits.
------------------------------------------------------------------------
Yakama Reservation, Washington
------------------------------------------------------------------------
Sec. 49.132 *................... Rule for large open burning permits.
Sec. 49.133 *................... Rule for agricultural burning
permits.
Sec. 49.141 *................... Rule for curtailment of residential
wood burning devices for specific
areas.
Sec. 49.142 *................... Rule for small open burning annual
permits.
------------------------------------------------------------------------
C. Environmental Justice
On February 11, 1994, the President issued Executive Order 12898
entitled, ``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations.'' The Executive Order
calls on each Federal agency to make environmental justice (EJ) a part
of its mission by ``identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of its programs, policies, and activities on people of color
and low-income populations.'' On January 20, 2021, the President issued
Executive Order 13985: ``Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government.'' \7\ The
Executive Order calls on each Federal agency to ``pursue a
comprehensive approach to advancing equity for all, including people of
color and others who have been historically underserved, marginalized,
and adversely affected by persistent poverty and inequality.''
Additionally, the EPA expressed a commitment to conducting
environmental justice analysis for rulemakings as described in the
April 30, 2021 revisions to the Cross-State Air Pollution Rule
(CSAPR).\8\
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\6\ The additional rules marked with an asterisk (*) are the new
or existing rules that the EPA proposes be newly applied to the
specified Indian reservations in this rulemaking. With respect to
the additional rules marked with a dagger ([dagger]), the large and
specified small open burn permitting rules replace Sec. 49.132,
Rule for general open burning permits, which previously applied on
the Nez Perce and Umatilla Reservations. Rules that are not so
marked are currently in effect on the specified Indian reservations,
and the EPA is proposing that the revisions to these additional
rules discussed in Section II.A. of this preamble be adopted for
such reservations.
\7\ Available at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-Federal-government/, accessed July 16, 2021.
\8\ 86 FR 23054, 23162 (April 30, 2021) (``Going forward, EPA is
committed to conducting environmental justice analysis for
rulemakings based on a framework similar to what is outlined here,
in addition to investigating ways to further weave environmental
justice into the fabric of the rulemaking process including through
enhanced meaningful engagement with environmental justice
communities.'').
---------------------------------------------------------------------------
The EPA defines EJ as the fair treatment and meaningful involvement
of all people regardless of race, color, national origin, or income
with respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies. As outlined in the EJ
Technical Guidelines, the goal of an EJ analysis is to evaluate, to the
extent possible, three questions: Are there potential EJ concerns for
populations living in proximity to sources affected by the rule in the
baseline?; Are there potential EJ concerns for population groups of
concern for the regulatory option(s) under consideration?; Are
potential EJ concerns created or mitigated under the options under
consideration compared to the baseline? The determination of whether
there is a potential disproportionate impact that may merit Agency
action is ultimately a policy judgment informed by analysis.\9\ These
rules are designed to protect human health and air quality resources in
Indian reservations in Idaho, Oregon, and Washington. These
reservations often have communities with very low per capita incomes
relative to the U.S. average with large percentages of the population
below the poverty line, so many communities where these rules apply
tend to be communities with low income and minority populations.
However, the rules will not impose any negative environmental impacts
on these populations. Instead, the rules provide additional protections
for communities that include overburdened populations. Because the
rules will improve health and provide additional protections for such
communities, the EPA has not undertaken a detailed, formal analysis of
the environmental justice impacts of this action.
---------------------------------------------------------------------------
\9\ According to the EPA's June 2016 Technical Guidance for
Assessing Environmental Justice in Regulatory Analysis, page 66 and
Section 2.1, the term ``disproportionate impacts'' refers to
differences in impacts or risks that are extensive enough that they
may merit Agency action. The determination of whether there is a
disproportionate impact that may merit Agency action is a policy
judgment informed by analysis of any discernable differences in
anticipated impacts from the rulemaking on population groups of
concern compared to all other population groups.
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D. Costs and Benefits Associated With These Rules
As part of developing the proposed revisions, the EPA conducted an
analysis of the expected costs should these rules be adopted. Included
in the docket for this rulemaking is the Economic Impact Analysis (EIA)
and the Information Collection Request (ICR) documents for the proposed
revisions. The EIA was prepared to assist the EPA in estimating the
costs of compliance for the proposed revisions alongside updated 2021
costs for the initial FARR. The ICR describes the recordkeeping and
reporting information that will be collected under the revised FARR and
related ``burden.'' ``Burden'' refers to the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions
[[Page 61887]]
and requirements; train personnel to be able to respond to a collection
of information; search data sources; complete and review the collection
of information; and transmit or otherwise disclose the information.
With the exception of making orchard heating devices subject to the
visible emissions limit, the EPA's preliminary conclusion is that there
will be no capital costs incurred to comply with any of the new or
revised rules. With respect to the geographic extension of the FARR, we
are not aware of any sources in these areas that would require
additional control or monitoring equipment to comply with the FARR, as
revised. With respect to the open burning rules, open burning permit
rules, and wood burning devices curtailment rules, we also do not
expect any capital costs will be needed to comply with the proposed
revisions. The EPA anticipates that 40 CFR 49.140 Rule for residential
wood burning devices, which regulates the installation of used wood
burning devices, would impose negligible additional costs overall. This
is because, although the cost difference between an older used wood
burning device and post-2015 EPA certified wood burning device could be
approximately $3,500, we anticipate very few older used wood burning
devices would have been installed even if the EPA did not promulgate
this prohibition. This is based on information we received from Tribes
during the development of the proposed rulemaking. One example provided
was where a resident gives a used stove that was removed from their
residence to a family member to install in a different residence or
structure like a recreational cabin. Although this may occur, it is
expected to be an uncommon event so our overall cost estimate is based
on an average of 15 installations per year of older (pre-2015) used
wood heating devices that would no longer be allowed under the proposed
rulemaking. That number would be even lower under the proposed
alternative, which would allow used post-1990 certified wood heating
devices to be reinstalled.
In response to a request from the OMB, the EPA conducted a benefits
analysis specifically looking at 40 CFR 49.141 Rule for curtailment of
residential wood burning devices for specific areas. The analysis
includes a conservative estimate of the monetary benefits of this
proposed rulemaking based on mortality associated with PM2.5
exposure. This estimate used data and equations prepared by the EPA for
the Environmental Benefits Mapping and Analysis Program (BenMAP-
CE),\10\ which is the EPA's recommended tool for benefits calculations.
The estimated mortality associated maximum benefit was calculated to be
$27.8 million. This amount ($27.8 million) is representative of
benefits over a long period of time \11\ because it is based on long-
term mortality from continuous PM2.5 exposure. A copy of
this analysis is the docket for this proposal.
---------------------------------------------------------------------------
\10\ https://www.epa.gov/benmap.
\11\ The time period of the benefit calculation is not
explicitly defined since death from chronic PM2.5
exposure can occur years after the start of the exposure period. The
EPA calculates benefits based on the Di et al. (2017)
epidemiological study (https://www.nejm.org/doi/full/10.1056/nejmoa1702747), which focused on evaluating mortality and
PM2.5 concentrations for a 12-year period.
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The extension of 40 CFR 49.128 Rule for limiting particulate matter
emissions from wood products industry sources to the Coeur D'Alene
Reservation is not expected to result in new capital costs for the one
existing facility that would be subject to the rule. This is because,
based on available test data from the source in question, the emission
controls that the facility is currently using to control hazardous air
pollutants to comply with the NESHAP for Plywood and Composite Wood
Products (40 CFR part 63, subpart DDDD) are also expected to control
particulate matter emissions to below the levels required in 40 CFR
49.128.
With respect to orchard heating devices proposed to be regulated
under 40 CFR 49.124 Rule for limiting visible emissions, the EPA
conducted an analysis of the expected costs of complying with this
rulemaking. This analysis indicates that annualized costs of a little
over $1.5 million (based on one-time capital costs of up to $18.9
million amortized over 30 years) could be expected across all Indian
reservations in order for orchard heating devices (including smudge
pots) to comply with the visible emissions limit. These anticipated
capital costs assume that 10% of all orchard lands on Indian
reservations in Idaho, Oregon, and Washington will be required to
purchase new equipment (e.g., propane-powered fans or propane heaters)
to comply with the visible emissions limit and maintain orchard heating
capabilities. Note, however, that this assumption is based on limited
data regarding the prevalence of smudge pots, open-pot heaters, and
other orchard heating devices that burn diesel and other fuels with
high visible emissions on Indian reservations in Idaho, Oregon, and
Washington. The analysis also indicates that these up-front capital
costs for replacement orchard heating devices will be recouped in time;
the use of alternative equipment is expected to result in an annual
operating cost savings of roughly $10,000 per acre due to reductions in
fuel and labor costs.\12\ We specifically request public comment on the
EPA's economic analysis with respect to orchard heating devices, along
with available data regarding the extent to which existing orchard
heating devices on Indian reservations in Idaho, Oregon, and Washington
are expected to be able to comply with the proposed visible emissions
limit in 40 CFR 49.124; the up-front capital costs of replacing non-
complying orchard heating capacity; and any expected annual cost
savings from replacing non-complying orchard heating capacity with
alternatives. This data will be considered in making decisions about
how to regulate orchard heating devices appropriately in the final
rule.
---------------------------------------------------------------------------
\12\ This annual per acre cost savings results in an estimated
ongoing annual savings of $55,283,273.
---------------------------------------------------------------------------
Thus, the costs estimated for these revisions to the FARR are
primarily the labor costs associated with recordkeeping and reporting
under the regulations. Costs for both the FARR rules currently in
effect at 2021 costs and the proposed revisions to the FARR were
estimated in the EIA. Cost estimates for the revisions proposed in this
rulemaking include costs on those Indian reservations for which the EPA
has proposed additional new rules. The total annualized labor costs and
non-labor costs were estimated to be $496,252 for all rules other than
40 CFR 49.124 Rule for limiting visible emissions. Factoring in the
estimated ongoing annual savings related to use of replacement orchard
heating devices, the proposed revisions are estimated to result in an
overall annual savings.\13\
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\13\ Annual savings from the proposed revisions are estimated to
be $53,266,002.
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The information relied on by the EPA for this analysis was
assembled from a number of sources, including surveys of sources on the
Indian reservations in Idaho, Oregon, and Washington, consultations
with the sources and Tribal governments, and the EPA's experience with
air quality issues in the Pacific Northwest.
III. Public Participation and Request for Comment
The proposed revisions include minor editorial changes throughout
the FARR (subpart C) and FIP (subpart M) rules, in addition to
substantive changes to certain provisions of the rules. As such, we are
publishing with this proposal the
[[Page 61888]]
full text of the rules as proposed to be revised, rather than only the
portions of the text proposed to be revised in this action. A redline-
strikeout comparison of the revised rules, as proposed, to the existing
FARR and FIPs showing all proposed changes is included in the docket
for this action. The EPA solicits comments on all aspects of the
proposed revisions. Interested parties should submit comments online
and be sure to identify the appropriate docket control number (EPA-R10-
OAR-2020-0361) in your correspondence. Your comments must be received
by January 10, 2023 to be considered in the final action taken by the
EPA.
You may also comment on this proposal by attending the public
hearing, if one is held, and providing oral comments. If the EPA
determines that a hearing should be held, the virtual hearing will be
held on November 17, 2022.
IV. Incorporation by Reference
In this document, the EPA is proposing to include in the final
rule, regulatory text that includes incorporation by reference (IBR).
In accordance with requirements of 1 CFR 51.5, the EPA is proposing to
IBR the following provisions as they exist on the date of final
approval by the Office of the Federal Register:
ASTM D388-19a, Standard Classification of Coals by Rank,
IBR to be approved for Sec. 49.123. This specification covers the
classification of coals by rank, that is, according to their degree of
metamorphism, or progressive alteration, in the natural series from
lignite to anthracite;
ASTM D396-21, Standard Specification for Fuel Oils, IBR to
be approved for Sec. 49.123. This specification covers grades of fuel
oil intended for use in various types of fuel-oil-burning equipment
under various climatic and operating conditions; ASTM D240-19, Standard
Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb
Calorimeter, IBR to be approved for Sec. 49.123. This test method
covers the determination of the heat of combustion of liquid
hydrocarbon fuels ranging in volatility from that of light distillates
to that of residual fuels;
ASTM D1826-94(Reapproved 2017), Standard Test Method for
Calorific (Heating) Value of Gases in Natural Gas Range by Continuous
Recording Calorimeter, IBR to be approved for Sec. 49.123. This test
method covers the determination with the continuous recording
calorimeter of the total calorific (heating) value of fuel gas produced
or sold in the natural gas range from 900 to 1200 British thermal unit/
standard cubic foot;
ASTM D5865/D5865M-19, Standard Test Method for Gross
Calorific Value of Coal and Coke, IBR to be approved for Sec. 49.123.
This test method pertains to the determination of the gross calorific
value of coal and coke by either an isoperibol or adiabatic combustion
calorimeter;
ASTM D2880-20, Standard Specification for Gas Turbine Fuel
Oils, IBR to be approved for Sec. 49.130. This specification covers
the selection of fuels for gas turbines, excepting gas turbines used in
aircraft, for the guidance of interested parties such as turbine
manufacturers and the suppliers and purchasers of fuel oils;
ASTM D4294-21, Standard Test Method for Sulfur in
Petroleum Products by Energy-Dispersive X-ray Fluorescence
Spectroscopy, IBR to be approved for Sec. 49.130. This test method
covers the determination of total sulfur in petroleum and petroleum
products that are single-phase and either liquid at ambient conditions,
liquefiable with moderate heat, or soluble in hydrocarbon solvents;
ASTM D6021-22, Standard Test Method for Measurement of
Total Hydrogen Sulfide in Residual Fuels by Multiple Headspace
Extraction and Sulfur Specific Detection, IBR to be approved for Sec.
49.130. This test method covers a method suitable for measuring the
total amount of hydrogen sulfide (H2S) in heavy distillates,
heavy distillate/residual fuel blends, or residual fuels;
ASTM D4239-18e1, Standard Test Methods for Sulfur in the
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace
Combustion Methods, IBR to be approved for Sec. 49.130. This test
method covers the determination of sulfur in samples of coal or coke by
high-temperature tube furnace combustion;
ASTM E775-15(Reapproved 2021), Standard Test Methods for
Total Sulfur in the Analysis Sample of Refuse-Derived Fuel, IBR to be
approved for Sec. 49.130. These test methods present two alternative
procedures for the determination of total sulfur in prepared analysis
samples of solid refuse-derived fuel. Sulfur is included in the
ultimate analysis of refuse-derived fuel;
ASTM D1072-06(Reapproved 2017), Standard Test Method for
Total Sulfur in Fuel Gases by Combustion and Barium Chloride Titration,
IBR to be approved for Sec. 49.130. This test method is for the
determination of total sulfur in combustible fuel gases and is
applicable to natural gases, manufactured gases, mixed gases, and other
miscellaneous gaseous fuels;
ASTM D3246-15, Standard Test Method for Sulfur in
Petroleum Gas by Oxidative Microcoulometry, IBR to be approved for
Sec. 49.130. This test method covers determination of sulfur in the
range from 1.5 to 100 milligram per kilogram (parts per million by
mass) by weight in hydrocarbon products that are gaseous at normal room
temperature and pressure;
ASTM D4084-07(Reapproved 2017) Standard Test Method for
Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction
Rate Method), IBR to be approved for Sec. 49.130. This test method
covers the determination of H2S in gaseous fuels. It is
applicable to the measurement of H2S in natural gas,
liquefied petroleum gas, substitute natural gas, landfill gas, sewage
treatment off gasses, recycle gas, flare gasses, and mixtures of fuel
gases;
ASTM D5504-20, Standard Test Method for Determination of
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography
and Chemiluminescence, IBR to be approved for Sec. 49.130. This test
method is primarily for the determination of speciated volatile sulfur-
containing compounds in high methane content gaseous fuels such as
natural gas;
ASTM D4468-85(Reapproved 2015), Standard Test Method for
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric
Colorimetry, IBR to be approved for Sec. 49.130. This test method
covers the determination of sulfur gaseous fuels in the range from
0.001 to 20 parts per million by volume (ppm/v);
ASTM D2622-21, Standard Test Method for Sulfur in
Petroleum Products by Wavelength Dispersive X-ray Fluorescence
Spectrometry, IBR to be approved for Sec. 49.130. This test method
covers the determination of total sulfur in petroleum and petroleum
products that are single-phase and either liquid at ambient conditions,
liquefiable with moderate heat, or soluble in hydrocarbon solvents.
These materials can include diesel fuel, jet fuel, kerosene, other
distillate oil, naphtha, residual oil, lubricating base oil, hydraulic
oil, crude oil, unleaded gasoline, gasoline-ethanol blends, and
biodiesel; and
ASTM D6228-19, Standard Test Method for Determination of
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography
and Flame Photometric Detection, IBR to be approved for Sec. 49.130.
This test method covers the determination of individual volatile
sulfur-containing compounds in gaseous fuels by gas chromatography
[[Page 61889]]
with a flame photometric detector or a pulsed flame photometric
detector.
These ASTM standards were developed and adopted by ASTM. This
material is available for inspection by appointment at the EPA Region
10, Air and Radiation Division, 1200 Sixth Avenue, Seattle, Washington
98101 by contacting the individual listed in the FOR FURTHER
INFORMATION CONTACT section, and is available from the sources
indicated below. The ASTM standards may also be obtained from
www.astm.org or from the ASTM at 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. OMB determined
this action is significant based on a finding of novel policy issues,
specifically that this action impacts Indian Tribes. Any changes made
in response to OMB recommendations have been documented in the docket.
The EPA prepared an economic analysis of the potential costs and
benefits associated with this action. This analysis, ``Economic Impact
Analysis for the Revised Federal Implementation Plans Under the Clean
Air Act for Indian Reservations in Idaho, Oregon, and Washington'' is
available in the docket.
B. Paperwork Reduction Act (PRA)
OMB has previously approved the information collection activities
contained in the existing regulations and has assigned OMB control
number 2060-0558. Information collection activities in this proposed
rule have been submitted for approval to the Office of Management and
Budget (OMB) under the PRA. The Information Collection Request (ICR)
document that the EPA prepared has been assigned EPA ICR # 2730.01.
The record-keeping and reporting burden for this collection of
information is described in the following paragraphs. As discussed in
section C of this preamble, ``burden'' refers means to the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency.
In 2005, the EPA promulgated Federal Implementation Plans (FIPs)
under the Clean Air Act (CAA) for Indian reservations located in Idaho,
Oregon and Washington. The FIPs, also referred to as Federal Air Rules
for Reservations (FARR), include basic air quality regulations to
protect health and welfare on Indian reservations located in the
Northwest. These rules are implemented by EPA Region 10 and delegated
to Tribes. EPA Region 10 is proposing revisions to the FARR, including
clarifying aspects of the initial rules; removing an exemption to the
limiting visible emissions rule for smudge pots and adding new rules
for residential solid fuel heating devices and woodstove curtailment;
splitting the rule for general open burning permits into a large open
burn and two small open burn permit options; removing provisions that
have been superseded by provisions of the Tribal New Source Review
(NSR) rule; and moving to online registration of air pollution sources
and emissions reporting. In addition, EPA Region 10 is promulgating
three new FIPs implementing the FARR on the Snoqualmie Indian
Reservation, the Cowlitz Indian Reservation, and the lands held in
trust for the Samish Indian Nation. These revisions also clarify that
the FARR applies to lands held in trust for a Tribe that has not been
formally designated as a reservation.
The Office of Management and Budget (OMB) approved an Information
Collection Request (ICR) entitled ``Federal Implementation Plans Under
the Clean Air Act for Indian Reservations in Idaho, Oregon and
Washington'' (OMB Control Number 2060-0558), on November 16, 2004 for
the FARR as originally promulgated in 2005. Renewals of the ICR were
approved by OMB on May 23, 2008; August 3, 2011; March 16, 2015; and
August 31, 2018, with the latest renewal (EPA ICR # 2020.09) submitted
to OMB for review and approval and published in the Federal Register on
8/13/2021 (86 FR 44708). This new ICR addresses the proposed revisions
to the FARR listed above and provides burden estimates for respondents
to comply with the various FIP provisions required by subpart M of this
part Implementation Plans for Tribes--Region 10. The rulemaking effort
will utilize a new OMB control number and EPA ICR number. Any approved
information collection activities associated with the final rule will
be reintegrated with the base collection (under control number 2060-
0558) at a later date.
Respondents/affected entities: Entities potentially affected by
this action include owners and operators of emission sources in all
industry groups and tribal, Federal, and local governments, landowners
who conduct open burning and owners of residential wood burning
devices, located in the identified Indian reservations. Categories of
entities potentially affected by this proposed information collection
are summarized in Table 1 in the ICR.
Respondent's obligation to respond: Respondent's obligation to
respond is mandatory. See Sec. Sec. 49.122, 49.126, 49.130 through
134, 49.138 through 49.142.
Estimated number of respondents: 2,731.
Frequency of response: Annual or Occasional.
Total estimated burden: 5354.5 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
Total estimated cost: $424,300 (per year), includes no annualized
capital or operation & maintenance costs.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this rule. The EPA will respond to any ICR-related
comments in the final rule. You may also send your ICR-related comments
to OMB's Office of Information and Regulatory Affairs using the
interface at www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under Review--Open for
Public Comments'' or by using the search function. OMB must receive
comments no later than December 12, 2022.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. Under
the RFA, ``small entity'' includes small businesses, small governments,
and small organizations, as defined in 5 U.S.C. 601. The small entities
subject to the requirements of this action are primarily small
businesses, although there may be small organizations and small
governmental jurisdictions that are impacted as well. Among
individually identified entities
[[Page 61890]]
expected to be impacted by these rules, 108 out of 140 (77%) \14\ were
classified as small entities, all of which are small businesses. There
are an array of different types of businesses that would be impacted.
Industrial categories subject to the FARR include gasoline stations,
forest products, cement, asphalt paving, automotive repair, lodging,
and other sectors. None of the identified facilities expected to incur
costs under these rules are believed to be owned by small governments.
In addition to the identified entities, there are a number of general
contractors, fire protection services, farmers, foresters, and
orchardists that are expected to incur costs each year to apply for
burn permits or comply with other recordkeeping and reporting
requirements. We have estimated that an average of about 2,010 entities
would incur costs for preparing burn permits or other requirements each
year. These entities are not specifically identified so we used a
conservative assumption that they are all small. They are expected to
be comprised primarily of small businesses, but small governmental
jurisdictions may incur costs for their fire protection services to
obtain annual open burning permits to conduct trainings. Small non-
profits may also be impacted. The Agency has determined that the
identified small entities may experience an impact averaging about 0.1
percent of revenues, with no entities expected to incur costs greater
than 1 percent of their annual revenues. Similarly, among unidentified
entities that are expected to experience positive regulatory costs, the
estimated costs are so low relative to typical revenues in the impacted
sectors that no entities are expected to experience cost greater than 1
percent of annual revenues. Details of this analysis are presented in
the EIA included in the docket. Although this proposed rulemaking will
not have a significant economic impact on a substantial number of small
entities, the EPA has included a number of exemptions in the rules
where appropriate to reduce impacts of this rulemaking on small
entities. In addition, in developing this proposal, the EPA coordinated
and consulted with Tribal governments regarding the potential impacts
of these rules (see Section IV.F. of this preamble). In order to better
understand the implications of these rules for small entities, as part
of the coordination and consultation with Tribal representatives, the
EPA also explored the possible effects for small businesses operating
on Tribal lands. We continue to seek information regarding the
potential impacts of the proposed rulemaking on small entities and
welcome comments on issues related to such impacts.
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\14\ This represents the number of businesses that have
registered under the FARR.
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D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The EPA has
determined that this rulemaking does not contain a Federal mandate that
may result in expenditures of $100 million or more for State, local,
and Tribal governments, in the aggregate, or the private sector in any
one year. With regard to State and local governments, there is no
expenditure because these rules only apply on Indian reservations. With
regard to Tribal governments the proposed revisions will not have an
economic impact on Tribal governments because the implementation and
enforcement responsibility for the proposed revisions rests with the
EPA unless a Tribe seeks delegation to implement or otherwise seeks to
assist the EPA in one or more aspects of the FARR on its reservation.
Thus, this rule are not subject to the requirements of sections 202 and
205 of UMRA.
As explained in the discussion of Executive Order 13175 in section
F of this preamble below, we notified all potentially affected Tribal
governments of the requirements in these proposed rules. Further,
although there are no significant Federal intergovernmental mandates,
we provided officials of all potentially affected Tribal governments an
opportunity for meaningful and timely input in the development of the
regulatory proposal. Finally, through consultation meetings and other
forums, we will continue to keep Tribal governments involved by
providing them with opportunities for learning about and receiving
advice on compliance with the regulatory requirements.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. The proposed revisions
would significantly affect specific Indian reservations in Idaho,
Oregon, and Washington by imposing necessary or appropriate air quality
regulations and creating an improved level of air quality protection on
the affected Indian reservations. The air quality revisions proposed
here are applicable broadly to all sources within the identified Indian
reservations and are not uniquely applicable to Tribal governments.
Tribal governments may incur some compliance costs in meeting those
requirements that apply to sources they own or operate; however, the
economic impacts analysis indicates that those costs would not be
substantial. Finally, although Tribal governments are encouraged to
partner with the EPA on the implementation of these regulations, they
are not required to do so. In addition, the EPA will seek to provide
funding to Tribes that apply for delegation of the EPA's authority to
administer specific rules to support their activities. Because these
proposed revisions will neither impose substantial direct compliance
costs on Tribal governments, nor preempt Tribal law, the requirements
of sections 5(b) and 5(c) of the Executive Order do not apply to the
proposed revisions.
The EPA consulted with tribal officials under the EPA Policy on
Consultation and Coordination with Indian Tribes early in the process
of developing this regulation to permit them to have meaningful and
timely input into its development. A summary of that consultation is
provided in the document, ``Coordination and Consultation Record,''
included in the docket for this notice. The proposed revisions are
based on the EPA's and Tribes' experience in implementing the FARR
since 2005, including instances where the FARR was not being
interpreted as the EPA had intended, as well as changes in related air
quality regulations and changes in air quality in some affected areas.
Early on in the process, in 2010, we offered all affected Tribes the
opportunity to consult on proposed revisions to the FARR, and conducted
formal consultations with three Tribes in response to that offer. We
also provided Tribes the opportunity early on to participate in
conference calls to learn more about potential rule revision and worked
[[Page 61891]]
collaboratively with tribal environmental staff as we developed draft
revisions.
The EPA provided drafts of the proposed FARR revisions to the
leaders and environmental staff of the affected Tribes in 2016 and
2020. Several Tribes requested formal consultation in response. The EPA
also conducted a webinar in 2020 to provide an overview of the latest
draft revisions that 10 Tribes attended, and the EPA discussed the
draft revisions with Tribal environmental staff at various points in
the process. The overall response to the proposed revisions from Tribal
leaders and environmental staff was generally favorable, and the EPA
received valuable suggestions for improvements to the rule itself, as
well as outreach and implementation for once the revisions are
finalized.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action generally increases the level of environmental
protection for affected populations (persons living on Indian
reservations). The proposed revisions would provide regulatory
certainty and necessary or appropriate regulation on Indian
reservations, and reduce emissions from sources complying with these
regulations. Consequently, the regulations are expected to result in
health benefits to persons living on Indian reservations.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.
I. National Technology Transfer and Advancement Act (NTTAA)
This action involves technical standards. The EPA proposes to
continue using the ASTM Methods and generally accepted test methods
previously promulgated by the EPA, as updated since 2005. Because these
methods were used under the FARR rules as promulgated in 2005 and are
still widely used by State and local agencies for determining
compliance with similar rules, the EPA continues to believe these
technical standards are the most appropriate and will not require any
alternative technical standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
Section II.C. of this preamble provides additional information
regarding Environmental Justice. This action generally increases the
level of environmental protection for affected populations (persons
living on Indian reservations). The proposed revisions would provide
necessary or appropriate regulation on Indian reservations, and reduce
emissions from sources complying with these regulations. Consequently,
the regulations are expected to result in health benefits to persons
living on Indian reservations, many of whom live in low-income and
communities of color.
List of Subjects in 40 CFR Part 49
Environmental protection, Air pollution control, Administrative Act
and Procedure, Incorporation by reference, Indians, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Dated: September 15, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 49 is
proposed to be amended as follows:
PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT
0
1. The authority citation for part 49 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--General Federal implementation Plan Provisions
0
2. Revise the undesignated heading immediately following reserved
Sec. Sec. 49.106 through 49.120 and Sec. Sec. 49.121 through 49.139
to read as follows:
* * * * *
Sec.
General Rules for Application to Indian Reservations in Idaho, Oregon,
and Washington
49.121 Introduction.
49.122 Partial delegation of administrative authority to a Tribe.
49.123 General provisions.
49.124 Rule for limiting visible emissions.
49.125 Rule for limiting the emissions of particulate matter.
49.126 Rule for limiting fugitive particulate matter emissions.
49.127 Rule for woodwaste burners.
49.128 Rule for limiting particulate matter emissions from wood
products industry sources.
49.129 Rule for limiting emissions of sulfur dioxide.
49.130 Rule for limiting sulfur in fuels.
49.131 General rule for open burning.
49.132 Rule for large open burning permits.
49.133 Rule for agricultural burning permits.
49.134 Rule for forestry and silvicultural burning permits.
49.135 Rule for emissions detrimental to public health or welfare.
49.136 [Reserved]
49.137 Rule for air pollution episodes.
49.138 Rule for the registration of air pollution sources and the
reporting of emissions.
49.139 Rule for non-Title V operating permits.
* * * * *
General Rules for Application to Indian Reservations in Idaho, Oregon,
and Washington
Sec. 49.121 Introduction.
(a) What is the purpose of Sec. Sec. 49.121 through 49.143? These
sections establish emission limitations and other requirements for air
pollution sources located within Indian reservations in Idaho, Oregon,
and Washington that are appropriate in order to ensure a basic level of
air pollution control and to protect public health and welfare.
(b) How were these sections developed? These sections were
developed in consultation with the Indian Tribes located in Idaho,
Oregon, and Washington and with input from the public and State and
local governments in EPA Region 10. These sections take into
consideration the current air quality situations within Indian
reservations, the known sources of air pollution, the needs and
concerns of the Indian Tribes in that portion of EPA Region 10, and the
air quality rules in adjacent jurisdictions.
(c) When are these sections applicable to sources on a particular
Indian reservation? These sections apply to air pollution sources on a
particular Indian reservation when EPA has specifically promulgated one
or more rules for that reservation in subpart M of this part. Rules
will be promulgated through notice and comment rulemaking and will be
specifically identified in the implementation plan for that reservation
in subpart M of this part. Once EPA has promulgated one or more rules
for an Indian reservation, such rules will apply
[[Page 61892]]
without further action to any subsequently established reservation
lands of the specified Indian Tribe or Tribes.
Sec. 49.122 Partial delegation of administrative authority to a
Tribe.
(a) What is the purpose of this section? The purpose of this
section is to establish the process by which the Regional Administrator
may delegate to an Indian Tribe partial authority to administer one or
more of the Federal requirements in effect in subpart M of this part
for a particular Indian reservation. The Federal requirements
administered by the delegated Tribe will be subject to enforcement by
EPA under Federal law. This section provides for administrative
delegation and does not affect the eligibility criteria under Sec.
49.6 for treatment in the same manner as a State.
(b) How does a Tribe request partial delegation of administrative
authority? In order to be delegated authority to administer one or more
of the Federal requirements that are in effect in subpart M of this
part for a particular Indian reservation, the Tribe must submit a
request to the Regional Administrator that:
(1) Identifies the specific provisions for which delegation is
requested.
(2) Identifies the Indian reservation (or portion thereof) for
which delegation is requested.
(3) Includes a statement by the applicant's legal counsel (or
equivalent official) that includes the following information:
(i) A statement that the applicant is an Indian Tribe recognized by
the Secretary of the Interior;
(ii) A descriptive statement demonstrating that the applicant is
currently carrying out substantial governmental duties and powers over
a defined area and that it meets the requirements of Sec. 49.7(a)(2);
and
(iii) A description of the laws of the Indian Tribe that provide
adequate authority to carry out the aspects of the provisions for which
delegation is requested.
(4) Demonstrates that the Tribe has, or will have, the technical
capability and adequate resources to carry out the aspects of the
provisions for which delegation is requested.
(c) How is the partial delegation of administrative authority
accomplished? (1) A partial delegation of administrative authority
agreement will set forth the terms and conditions of the delegation,
will specify the provisions that the Tribe will be authorized to
administer on behalf of EPA, will, if applicable, identify the
portion(s) of the Indian reservation covered by the delegation, and
will be entered into by the Regional Administrator and the Tribe. The
Agreement will become effective upon the date that both the Regional
Administrator and the Tribe have signed the agreement. Once the
delegation becomes effective, the Tribe will have the authority under
the Clean Air Act, to the extent specified in the agreement, for
administering one or more of the Federal requirements that are in
effect in subpart M of this part for the particular Indian reservation
(or portion thereof) and will act on behalf of the Regional
Administrator for purposes of administering such requirements.
(2) A partial delegation of administrative authority agreement may
be modified, amended, or revoked, in part or in whole, by the Regional
Administrator after consultation with the Tribe. Any substantive
modifications or amendments will be subject to the procedures in
paragraph (d) of this section.
(d) How will any partial delegation of administrative authority be
publicized? (1) Prior to making any final decision to delegate partial
administrative authority to a Tribe under this section, EPA will
consult with appropriate governmental entities outside of the specified
reservation and city and county governments located within the
boundaries of the specified reservation.
(2) The Regional Administrator will publish a notice in the Federal
Register informing the public of any Partial Delegation of
Administrative Authority Agreement for a particular Indian reservation
and will note such delegation in the applicable implementation plan for
the Indian reservation in subpart M of this part. The Regional
Administrator will also publish an announcement of the partial
delegation agreement in local newspapers.
Sec. 49.123 General provisions.
(a) Definitions. The following definitions apply for the purposes
of Sec. Sec. 49.121 through 49.143. Terms not defined in this
paragraph (a) have the meaning given to them in the Clean Air Act.
Actual emissions means the actual rate of emissions, in tons per
year, of an air pollutant emitted from an air pollution source. For an
existing air pollution source, the actual emissions are the actual rate
of emissions for the preceding calendar year and must be calculated
using the actual operating hours, production rates, in-place control
equipment, and types of materials processed, stored, or combusted
during the preceding calendar year. For a new air pollution source that
did not operate during the preceding calendar year, the actual
emissions are the estimated actual rate of emissions for the current
calendar year.
Administrator means the Administrator of the United States
Environmental Protection Agency (EPA) or an authorized representative
of the Administrator.
Agricultural activities means the usual and customary activities of
cultivating the soil, growing or harvesting crops, and raising
livestock for use and consumption. Agricultural activities do not
include manufacturing, bulk storage, preparing or handling for resale,
or the formulation of any agricultural chemical. Examples of activities
that are not agricultural activities include hop drying in kilns and
distillation of mint oil.
Agricultural burn or agricultural burning means the open burning of
vegetative debris from an agricultural activity that is necessary for
disease or pest control, or for crop propagation and/or crop rotation.
Air pollutant means any air pollution agent or combination of such
agents, including any physical, chemical, biological, radioactive
(including source material, special nuclear material, and by-product
material) substance or matter that is emitted into or otherwise enters
the ambient air. Such term includes any precursors to the formation of
any air pollutant, to the extent the Administrator has identified such
precursor or precursors for the particular purpose for which the term
air pollutant is used.
Air pollution source (or source) means any building, structure,
facility, installation, activity, or equipment, or combination of
these, that emits, or may emit, an air pollutant.
Allowable emissions mean the emission rate of an air pollution
source calculated using the maximum rated capacity of the source
(unless the source is subject to Federally-enforceable limits that
restrict the operating rate, hours of operation, or both) and the most
stringent of the following:
(i) The applicable standards in 40 CFR parts 60, 61, 62, and 63;
(ii) The applicable implementation plan emission limitations,
including those with a future compliance date; or
(iii) The emissions rates specified in Federally-enforceable permit
conditions.
Ambient air means that portion of the atmosphere, external to
buildings, to which the general public has access.
British thermal unit (Btu) means the quantity of heat necessary to
raise the
[[Page 61893]]
temperature of one pound of water one degree Fahrenheit.
Clean Air Act means 42 U.S.C. 7401 et seq.
Coal means all fuels classified as anthracite, bituminous, sub-
bituminous, or lignite in ASTM D388.
Combustion source means any air pollution source that combusts a
solid fuel, liquid fuel, or gaseous fuel, or an incinerator.
Continuous emissions monitoring system (CEMS) means the total
equipment used to sample, condition (if applicable), analyze, and
provide a permanent continuous record of emissions.
Continuous opacity monitoring system (COMS) means the total
equipment used to sample, analyze, and provide a permanent continuous
record of opacity.
Cooking fire means any open burn in a fire pit or outdoor appliance
for the purpose of cooking food. A cooking fire may only burn firewood,
charcoal briquettes, wood pellets, wood chips, or other fuels suitable
for cooking food.
Distillate fuel oil means any oil meeting the specifications of
ASTM Grade 1 or Grade 2 fuel oils in ASTM D396.
Emission means a direct or indirect release into the atmosphere of
any air pollutant or air pollutants released into the atmosphere.
Emission factor means an estimate of the amount of an air pollutant
that is released into the atmosphere, as the result of an activity, in
terms of mass of emissions per unit of activity (for example, the
pounds of sulfur dioxide emitted per gallon of fuel burned).
Emission unit means any part of an air pollution source that emits,
or may emit, air pollutants into the atmosphere.
Federally enforceable means all limitations and conditions that are
enforceable by the Administrator.
Forestry or silvicultural activities means those activities
associated with regeneration, growing, and harvesting of trees and
timber including, but not limited to, preparing sites for new stands of
trees to be either planted or allowed to regenerate through natural
means, road construction and road maintenance, fertilization, logging
operations, and forest management techniques employed to enhance the
growth of stands of trees or timber.
Forestry or silvicultural burn or forestry or silvicultural burning
means the open burning of vegetative debris from a forestry or
silvicultural activity that is necessary for disease or pest control,
reduction of fire hazard, reforestation, or ecosystem management. This
includes prescribed fire as defined in 40 CFR 50.1(m).
Fuel means any solid, liquid, or gaseous material that is combusted
in order to produce heat or energy.
Fuel oil means a liquid fuel derived from crude oil or petroleum,
including distillate oil, residual oil, and used oil.
Fugitive dust means a particulate matter emission made airborne by
forces of wind, mechanical disturbance of surfaces, or both. Unpaved
roads and construction sites are examples of sources of fugitive dust.
Fugitive particulate matter means particulate matter emissions that
do not pass through a stack, chimney, vent, or other functionally
equivalent opening. Fugitive particulate matter includes fugitive dust.
Gaseous fuel means any fuel that exists in a gaseous state at
standard conditions including, but not limited to, natural gas,
propane, fuel gas, process gas, and landfill gas.
Grate cleaning means removing ash and other non-combustibles from
fireboxes.
Hardboard means a flat panel made from wood that has been reduced
to basic wood fibers and bonded by adhesive properties under pressure.
Heat input means the total gross calorific value [where gross
calorific value is measured by ASTM D240, ASTM D1826, or ASTM D5865/
D5865M] of all fuels burned.
Hog fuel or hogged fuel means wood chips or shavings, residue from
sawmills, and other wood processing residue.
Implementation plan means a Tribal implementation plan approved by
EPA pursuant to this part or 40 CFR part 51, or a Federal
implementation plan promulgated by EPA in this part or in 40 CFR part
52 that applies in Indian country, or a combination of Tribal and
Federal implementation plans.
Incinerator means any device, including a flare, designed to reduce
the volume of solid, liquid, or gaseous waste by combustion. This
includes air curtain incinerators but does not include open burning.
Indian country means:
(i) All land within the limits of any Indian reservation under the
jurisdiction of the United States government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation.
(ii) All dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State.
(iii) All Indian allotments, the Indian titles to which have not
been extinguished, including rights-of-way running through the same.
Indian reservation, which is included in the definition of Indian
country and used elsewhere in this rule, means all land within the
limits of any Indian reservation under the jurisdiction of the United
States government, notwithstanding the issuance of any patent, and
including rights-of-way running through the reservation. Under this
definition, Indian reservations include lands held in trust by the
United States government for the benefit of an Indian Tribe even if the
trust lands have not been formally designated as a reservation.
Intermediate change to monitoring means an ``intermediate change to
monitoring'' as defined in 40 CFR 63.90(a).
Large open burn or large open burning means the open burning of a
single pile of materials greater than 10 feet in diameter or more than
60 feet of ditch bank or fence line vegetation.
Major change to monitoring means a ``major change to monitoring''
as defined in 40 CFR 63.90(a).
Marine vessel means a waterborne craft, ship, or barge.
Minor change to monitoring means a ``minor change to monitoring''
as defined in 40 CFR 63.90(a).
Minor change to recordkeeping/reporting means a ``minor change to
recordkeeping/reporting'' as defined in 40 CFR 63.90(a), except it does
not include ``Changes related to compliance extensions granted pursuant
to Sec. 63.6(i)'' of this chapter.
Minor change to test method means a ``minor change to test method''
as defined in 40 CFR 63.90(a).
Mobile sources means locomotives, aircraft, motor vehicles, nonroad
vehicles, nonroad engines, and marine vessels.
Motor vehicle means any self-propelled vehicle designed for
transporting people or property on a street or highway.
New air pollution source means, for the purposes of the ``Rule for
registration of air pollution sources and reporting of emissions'' in
Sec. 49.138, an air pollution source that begins actual construction
after the dates specified in Sec. 49.138(e)(1)(ii), (iv) or (vi), as
applicable.
Noncombustibles means materials that are not flammable, capable of
catching fire, or burning.
Nonroad engine means a ``nonroad engine'' as defined in 40 CFR
1068.30.
Nonroad vehicle means a vehicle that is powered by a nonroad engine
and
[[Page 61894]]
that is not a motor vehicle or a vehicle used solely for competition.
Non-Title V operating permit means a permit issued by the Regional
Administrator pursuant to Sec. 49.139 Rule for non-Title V operating
permits.
Oil-fired boiler means a furnace or boiler used for combusting fuel
oil for the primary purpose of producing steam or hot water by heat
transfer.
Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background. For
continuous opacity monitoring systems, opacity means the fraction of
incident light that is attenuated by an optical medium.
Open burn or open burning means the burning of a material that
results in the products of combustion being emitted directly into the
atmosphere without passing through a stack. Open burning includes
burning in burn barrels.
Orchard heating device or orchard heater means a fuel burning
device capable of being used for frost-prevention or protection in
orchards, vineyards, field crops or truck crops. Smudge pots and open-
pot heaters are types of orchard heating devices.
Owner or operator means any person who owns, leases, operates,
controls, or supervises an air pollution source.
Part 71 source means any source subject to the permitting
requirements of 40 CFR part 71, as provided in 40 CFR 71.3(a) and (b).
Particleboard means a matformed flat panel consisting of wood
particles bonded together with synthetic resin or other suitable
binder.
Particulate matter means any airborne finely divided solid or
liquid material, other than uncombined water. Particulate matter
includes, but is not limited to, PM2.5 and PM10.
Permit to construct or construction permit means a permit issued by
the Regional Administrator pursuant to this part or 40 CFR part 52, or
a permit issued by a Tribe pursuant to a program approved by the
Administrator under 40 CFR part 51, subpart I, authorizing the
construction or modification of a stationary source.
Permit to operate or operating permit means a permit issued by the
Regional Administrator pursuant to Sec. Sec. 49.139 and 49.158, 40 CFR
part 71, or by a Tribe pursuant to a program approved by the
Administrator under 40 CFR part 51 or 40 CFR part 70, authorizing the
operation of a stationary source.
Plywood means a flat panel built generally of an odd number of thin
sheets of veneers of wood in which the grain direction of each ply or
layer is at right angles to the one adjacent to it.
PM2.5 means particulate matter with an aerodynamic diameter less
than or equal to 2.5 micrometers.
PM10 means particulate matter with an aerodynamic diameter less
than or equal to 10 micrometers.
Potential to emit means the maximum capacity of an air pollution
source to emit an air pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of the
air pollution source to emit an air pollutant, including air pollution
control equipment and restrictions on hours of operation or on the type
or amount of material combusted, stored, or processed, shall be treated
as part of its design if the limitation or the effect it would have on
emissions is Federally enforceable.
Press/Cooling vent means any opening through which particulate and
gaseous emissions from plywood, particleboard, or hardboard
manufacturing are exhausted, either by natural draft or powered fan,
from the building housing the process. Such openings are generally
located immediately above the board press, board unloader, or board
cooling area.
Process source means an air pollution source using a procedure or
combination of procedures for the purpose of causing a change in
material by either chemical or physical means, excluding combustion.
Rated capacity means the maximum sustainable capacity of the
equipment.
Recreational fire means a campfire or a bonfire burning materials
authorized under Sec. 49.131(d)(1)(i) and (iii) for pleasure or
celebratory purposes. Cooking fires and fires used for debris disposal
purposes are not considered recreational fires.
Reference method means any method of sampling and analyzing for an
air pollutant as specified in the applicable section.
Regional Administrator means the Regional Administrator of EPA
Region 10 or an authorized representative of the Regional
Administrator.
Residential central heater means a residential wood burning device
that is a ``central heater'' as defined in 40 CFR 60.5473.
Residential forced-air furnace means a residential wood burning
device that is a ``residential forced-air furnace'' as defined in 40
CFR 60.5473.
Residential hydronic heater means a residential wood burning device
that is a ``residential hydronic heater'' as defined in 40 CFR 60.5473.
Residential wood burning device means any wood burning device that
supplies heat to a single-family residence (including a boarding house
or a residence with a ``mother in law'' unit) or any wood burning
device installed in an individual unit of a multiple unit structure
such as a condominium, apartment, duplex, multiplex, hotel, motel, or
resort. This includes, but is not limited to, wood stoves, fireplaces,
fireplace inserts, residential wood heaters, residential hydronic
heaters, residential forced-air furnaces, and residential central
heaters.
Residential wood heater means a residential wood burning device
that is a ``wood heater'' as defined in 40 CFR 60.531 or 40 CFR
60.5473.
Residual fuel oil means any oil meeting the specifications of ASTM
Grade 4, Grade 5, or Grade 6 fuel oils in ASTM D396.
Small open burn or small open burning means the open burning of a
single pile of materials that is 10 feet or less in diameter or 60 feet
or less of ditch bank or fence line vegetation.
Solid fuel means wood, refuse, refuse-derived fuel, tires, tire-
derived fuel, and other solid combustible material (other than coal),
including any combination thereof.
Solid fuel-fired boiler means a furnace or boiler used for
combusting solid fuel for the primary purpose of producing steam or hot
water by heat transfer.
Soot blowing means using steam or compressed air to remove carbon
from a furnace or from a boiler's heat transfer surfaces.
Source means the same as air pollution source.
Stack means any point in a source that conducts air pollutants to
the atmosphere, including, but not limited to, a chimney, flue,
conduit, pipe, vent, or duct, but not including a flare.
Standard conditions means a temperature of 293 degrees Kelvin (68
degrees Fahrenheit, 20 degrees Celsius) and a pressure of 101.3
kilopascals (29.92 inches of mercury).
Start-up means the setting into operation of a piece of equipment.
Stationary source means any building, structure, facility, or
installation that emits, or may emit, any air pollutant.
Tempering oven means any facility used to bake hardboard following
an oil treatment process.
Uncombined water means droplets of water that have not combined
with hygroscopic particles or do not contain dissolved solids.
Untreated wood means wood of any species that has not been
chemically impregnated, painted, coated, or similarly modified to
prevent weathering and deterioration.
Used oil means petroleum products that have been recovered from
another application.
[[Page 61895]]
Veneer means a single flat panel of wood not exceeding \1/4\ inch
in thickness formed by slicing or peeling from a log.
Veneer dryer means equipment in which veneer is dried.
Visible emissions means air pollutants in sufficient amount to be
observable to the human eye.
Wood means wood, wood residue, wood waste, hog fuel, bark, or any
derivative or residue thereof, in any form, including but not limited
to sawdust, sander dust, wood chips, scraps, slabs, millings, shavings,
and processed pellets made from wood or other forest residues.
Wood-fired boiler means a furnace or boiler used for combusting
wood for the primary purpose of producing steam or hot water by heat
transfer.
Wood-fired veneer dryer means a veneer dryer that is directly
heated by the products of combustion of wood in addition to, or
exclusive of, steam or natural gas or propane combustion.
Woodwaste burner means a conical burner, silo burner, olivine
burner, truncated cone burner, or other such woodwaste-burning device
used by the wood products industry for the disposal of wood wastes.
(b) Requirement for testing. The Regional Administrator may
require, in a permit to construct or a permit to operate, that a person
demonstrate compliance with any applicable emission limitation or
standard in subpart M of this part by performing a source test and
submitting the test results to the Regional Administrator. A person may
also be required by the Regional Administrator, in a permit to
construct or permit to operate, to install and operate a COMS or a CEMS
to demonstrate compliance. Nothing in subpart M of this part limits the
authority of the Regional Administrator to require, in an information
request pursuant to section 114 of the Clean Air Act, a person to
demonstrate compliance by performing source testing, even where the
source does not have a permit to construct or a permit to operate.
(c) Requirement for monitoring, recordkeeping, and reporting.
Nothing in subpart M of this part precludes the Regional Administrator
from requiring monitoring, recordkeeping, and reporting, including
monitoring, recordkeeping, and reporting in addition to that already
required by an applicable requirement, in a permit to construct or
permit to operate in order to ensure compliance.
(d) Alternatives to required testing, monitoring, recordkeeping and
reporting. (1) Performance tests shall be conducted, and data shall be
reduced in accordance with the test methods and procedures set forth in
each relevant standard, and, if required, in applicable appendices of
40 CFR parts 51, 60, 61, and 63 unless the Regional Administrator:
(i) Specifies or approves, in specific cases, the use of a test
method with minor changes in methodology. Such changes may be approved
in conjunction with approval of the site-specific test plan; or
(ii) Approves shorter sampling times or smaller sample volumes when
necessitated by process variables or other factors; or
(iii) Waives the requirement for performance tests because the
owner or operator of an affected source has demonstrated by other means
to the Regional Administrator's satisfaction that the affected source
is in compliance with the relevant standard.
(2) Monitoring shall be conducted as set forth in the relevant
standard(s) unless the Regional Administrator:
(i) Specifies or approves the use of minor changes in methodology
for the specified monitoring requirements and procedures; or
(ii) Approves the use of an intermediate or major change or
alternative to any monitoring requirements or procedures.
(3) Recordkeeping or reporting shall be conducted as set forth in
the relevant standard(s) unless the Regional Administrator:
(i) Specifies or approves the use of minor changes to
recordkeeping/reporting for the specified requirements and procedures;
or
(ii) A waiver of a recordkeeping or reporting requirement has been
granted by the Regional Administrator under this paragraph:
(A) Recordkeeping or reporting requirements may be waived upon
written application to the Regional Administrator if, in the Regional
Administrator's judgment, the affected source is achieving the relevant
standard(s). The application shall include whatever information the
owner or operator considers useful to convince the Regional
Administrator that a waiver of recordkeeping or reporting is warranted.
(B) A waiver of any recordkeeping or reporting requirement granted
under this paragraph may be conditioned on other recordkeeping or
reporting requirements deemed necessary by the Regional Administrator.
(C) Approval of any waiver granted under this section shall not
abrogate the Regional Administrator's authority under the Clean Air Act
or in any way prohibit the Regional Administrator from later canceling
the waiver. The cancellation will be made only after notice is given to
the owner or operator of the affected source.
(e) Credible evidence. For the purposes of submitting compliance
certifications or establishing whether or not a person has violated or
is in violation of any requirement, nothing in subpart M of this part
precludes the use, including the exclusive use, of any credible
evidence or information relevant to whether a source would have been in
compliance with applicable requirements if the appropriate performance
or compliance test had been performed.
(f) Performance test. Unless otherwise specified in the applicable
standard or test method: (1) Each performance test shall consist of
three valid test runs using the applicable test method and each run
shall be conducted for the time and under the conditions specified in
the applicable standard or test method.
(2) The arithmetic mean of the results of the three valid runs
shall be compared to the applicable standard for purposes of
determining compliance with the applicable standard using the
applicable test method.
(3) In the event that a sample is accidentally lost or conditions
occur in which one of the three runs must be discontinued because of
forced shutdown, failure of an irreplaceable portion of the sample
train, extreme meteorological conditions, or other circumstances,
beyond the owner or operator's control, compliance may, upon the
Regional Administrator's written approval, be determined using the
arithmetic mean of the results of the two other runs.
(g) Incorporation by reference. The material listed in this
paragraph (g) is incorporated by reference into this section with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the EPA and at the National Archives and Records
Administration (NARA). Contact EPA at: EPA Region 10, Air and Radiation
Division, 1200 Sixth Avenue, Seattle, Washington 98101; phone: 206-553-
1200; website: www.epa.gov/aboutepa/epa-region-10-pacific-northwest.
For information on the availability of this material at NARA, email:
[email protected]; website: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from ASTM
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;
telephone: (610) 832-9500; email: [email protected]; website:
www.astm.org.
[[Page 61896]]
(1) ASTM D388-19a, Standard Classification of Coals by Rank.
(2) ASTM D396-21, Standard Specification for Fuel Oils.
(3) ASTM D240-19, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb Calorimeter.
(4) ASTM D1826-94 (Reapproved 2017), Standard Test Method for
Calorific (Heating) Value of Gases in Natural Gas Range by Continuous
Recording Calorimeter.
(5) ASTM D5865/D5865M-19, Standard Test Method for Gross Calorific
Value of Coal and Coke.
Sec. 49.124 Rule for limiting visible emissions.
(a) What is the purpose of this section? This section limits the
visible emissions of air pollutants from certain air pollution sources
operating within an Indian reservation to control emissions of
particulate matter to the atmosphere and ground-level concentrations of
PM2.5 and PM10, to detect the violation of other
requirements in subpart M of this part, and to indicate whether a
source is continuously maintained and properly operated.
(b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source that emits, or
could emit, particulate matter or other visible air pollutants to the
atmosphere, unless exempted in paragraph (c) of this section.
(c) What is exempted from this section? This section does not apply
to open burning; agricultural activities (except orchard heating
devices); forestry and silvicultural activities; sweat houses or
lodges; non-commercial smoke houses; public roads owned or maintained
by any Federal, Tribal, State, or local government; emissions from fuel
combustion in mobile sources; or activities associated with single-
family residences or residential buildings with four or fewer dwelling
units.
(d) What are the opacity limits for air pollution sources? (1) The
visible emissions from an air pollution source must not exceed 20%
opacity, averaged over any consecutive 6-minute period, unless
paragraph (d)(2), (3) or (4) of this section applies to the air
pollution source.
(2) The visible emissions from an air pollution source may exceed
the 20% opacity limit if the owner or operator of the air pollution
source demonstrates to the Regional Administrator's satisfaction that
the presence of uncombined water, such as steam, is the only reason for
the failure of an air pollution source to meet the 20% opacity limit.
(3) The visible emissions from an oil-fired boiler or solid fuel-
fired boiler that continuously measures opacity with a COMS may exceed
the 20% opacity limit during start-up, soot blowing, and grate cleaning
for a single period of up to 15 consecutive minutes in any eight
consecutive hours, but must not exceed 60% opacity at any time.
(4) Starting [DATE THREE YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE], the visible emissions from an orchard heating device must
not exceed 20% opacity, averaged over any consecutive 6-minute period:
(i) If orchard heating devices cannot comply with the 20% opacity
limit and alternatives that are capable of complying with the 20%
opacity limit are not reasonably available, the owner or operator of an
orchard heating device may apply to the Regional Administrator for an
extension of the three-year deadline. The application for an extension
must include an explanation of why no complying alternatives are
reasonably available.
(ii) If the Regional Administrator finds that there are no
reasonably available complying alternatives, then a two-year extension
of the deadline may be granted. There is no limit to the number of
extensions that may be granted by the Regional Administrator.
(e) What is the reference method for determining compliance? (1)
The reference method for determining compliance with the opacity limits
is EPA Method 9. A complete description of this method is found in
appendix A to 40 CFR part 60.
(2) An alternative reference method for determining compliance is a
COMS that complies with Performance Specification 1 found in appendix B
to 40 CFR part 60.
Sec. 49.125 Rule for limiting the emissions of particulate matter.
(a) What is the purpose of this section? This section limits the
amount of particulate matter that may be emitted to the atmosphere from
certain air pollution sources operating within an Indian reservation to
control ground-level concentrations of PM2.5 and
PM10.
(b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source that emits, or
could emit, particulate matter to the atmosphere through a stack,
unless exempted in paragraph (c) of this section.
(c) What is exempted from this section? This section does not apply
to woodwaste burners; furnaces and boilers used exclusively for space
heating with a rated heat input capacity of less than 400,000 Btu per
hour; non-commercial smoke houses; sweat houses or lodges; orchard
heating devices; mobile sources; or activities associated with single-
family residences or residential buildings with four or fewer dwelling
units.
(d) What are the particulate matter limits for air pollution
sources? (1) Particulate matter emissions from a combustion source
stack (except for wood-fired boilers) must not exceed an average of
0.23 grams per dry standard cubic meter (0.10 grains per dry standard
cubic foot), corrected to seven percent oxygen, during any 3-hour
period.
(2) Particulate matter emissions from a wood-fired boiler stack
must not exceed an average of 0.46 grams per dry standard cubic meter
(0.20 grains per dry standard cubic foot), corrected to seven percent
oxygen, during any 3-hour period.
(3) Particulate matter emissions from a process source stack, or
any other stack not subject to paragraph (d)(1) or (2) of this section,
must not exceed an average of 0.23 grams per dry standard cubic meter
(0.10 grains per dry standard cubic foot), during any 3-hour period.
(e) What is the reference method for determining compliance? (1)
The reference method for determining compliance with the particulate
matter limits is EPA Method 5. A complete description of this method is
found in appendix A to 40 CFR part 60.
(2) EPA Methods 1 through 4, as appropriate, must be conducted in
conjunction with Method 5 to calculate the volumetric flow, oxygen
content, and moisture content of the samples. A complete description of
these additional test methods is found in appendix A to 40 CFR part 60.
Sec. 49.126 Rule for limiting fugitive particulate matter emissions.
(a) What is the purpose of this section? This section limits the
amount of fugitive particulate matter that may be emitted to the
atmosphere from certain air pollution sources operating within an
Indian reservation to control ground-level concentrations of
PM2.5 and PM10.
(b) Who is affected by this section? This section applies to any
person who owns or operates a source of fugitive particulate matter
emissions.
(c) What is exempted from this section? This section does not apply
to open burning; agricultural activities; forestry and silvicultural
activities; sweat houses or lodges; non-commercial smoke houses; public
roads owned or
[[Page 61897]]
maintained by any Federal, Tribal, State, or local government; or
activities associated with single-family residences or residential
buildings with four or fewer dwelling units.
(d) What are the requirements for sources of fugitive particulate
matter emissions? (1) The owner or operator of any source of fugitive
particulate matter emissions, including any source or activity engaged
in materials handling or storage, construction, demolition, or any
other operation that is or may be a source of fugitive particulate
matter emissions, must take all reasonable precautions to prevent
fugitive particulate matter emissions and must maintain and operate the
source to minimize fugitive particulate matter emissions.
(2) Reasonable precautions include, but are not limited to the
following:
(i) Use, where possible, of water or chemicals for control of dust
in the demolition of buildings or structures, construction operations,
grading of roads, or clearing of land.
(ii) Application of asphalt, oil (but not used oil), water, or
other suitable chemicals on unpaved roads, materials stockpiles, and
other surfaces that can create airborne dust.
(iii) Full or partial enclosure of materials stockpiles in cases
where application of oil, water, or chemicals is not sufficient or
appropriate to prevent particulate matter from becoming airborne.
(iv) Implementation of good housekeeping practices to avoid or
minimize the accumulation of dusty materials that have the potential to
become airborne, and the prompt cleanup of spilled or accumulated
materials.
(v) Installation and use of hoods, fans, and fabric filters to
enclose and vent the handling of dusty materials.
(vi) Adequate containment during sandblasting or other similar
operations.
(vii) Covering, at all times when in motion, open bodied trucks
transporting materials likely to become airborne.
(viii) The prompt removal from paved streets of earth or other
material that does or may become airborne.
(e) Are there additional requirements that must be met? (1) A
person subject to this section must:
(i) Annually survey the air pollution source(s) during typical
operating conditions and meteorological conditions conducive to
producing fugitive particulate matter to determine the sources of
fugitive particulate matter emissions. For new sources or new
operations, a survey must be conducted within 30 days after beginning
operation. For portable sources, a survey must be conducted within 7
days after beginning operation at a new location. Simultaneously
document the results of the survey, including the date and time of the
survey and identification of any sources of fugitive particulate matter
emissions found.
(ii) If sources of fugitive particulate matter emissions are
present, determine the reasonable precautions that will be taken to
prevent fugitive particulate matter emissions.
(iii) Within 30 days after completing the survey, prepare a written
plan that specifies the reasonable precautions that will be taken and
the procedures to be followed to prevent fugitive particulate matter
emissions, including appropriate monitoring and recordkeeping. For
construction or demolition activities, a written plan must be prepared
prior to commencing construction or demolition. For portable sources, a
written plan must be prepared prior to beginning operation at a new
location and the plan must be updated within 7 days after the survey
required in paragraph (e)(1)(i) of this section is completed, if
needed, to reflect the results of the survey. Plans must be reviewed
and updated at least annually after each survey and more frequently if
warranted due to changes in operations, available control methods or
other relevant conditions;
(iv) If the owner or operator is required to register the facility
under Sec. 49.138:
(A) For new sources or new operations, a copy of the initial
fugitive particulate matter survey and initial plan must be submitted
to EPA with the initial registration, which is due within 90 days after
beginning operation.
(B) For all other sources, a copy of the most recent fugitive
particulate matter survey and current plan must be submitted to EPA
with the annual registration required by Sec. 49.138.
(v) Maintain a copy of the survey and plan on site;
(vi) Implement the written plan, including the installation of
control measures, as expeditiously as practicable and maintain and
operate the source to minimize fugitive particulate matter emissions.
(vii) Maintain records for 5 years that document the surveys and
the reasonable precautions that were taken to prevent fugitive
particulate matter emissions.
(2) The Regional Administrator may require the owner or operator to
revise the plan if, at any time, the Regional Administrator determines
that the precautions and procedures specified in the plan are not
adequate to ensure that all reasonable precautions are being taken to
prevent fugitive particulate matter emissions or are not adequate to
ensure that the source is being maintained and operated so as to
minimize fugitive particulate matter emissions.
(3) The Regional Administrator may require specific actions to
prevent fugitive particulate matter emissions or impose conditions to
maintain and operate the air pollution source to minimize fugitive
particulate matter emissions, in a permit to construct or a permit to
operate for the source.
(4) Efforts to comply with this section cannot be used as a reason
for not complying with other applicable laws and ordinances.
Sec. 49.127 Rule for woodwaste burners.
(a) What is the purpose of this section? This section phases out
the operation of woodwaste burners, and in the interim limits the
visible emissions from woodwaste burners, within an Indian reservation
to control emissions of particulate matter to the atmosphere and
ground-level concentrations of PM2.5 and PM10.
(b) Who is affected by this section? This section applies to any
person who owns or operates a woodwaste burner.
(c) What are the requirements for woodwaste burners? (1) Except as
provided by paragraph (c)(3) of this section, the owner or operator of
a woodwaste burner must shut down and dismantle the woodwaste burner by
no later than 2 years after the date that this section is effective for
a particular Indian reservation as specified in subpart M of this part.
The requirement for dismantling applies to all woodwaste burners
regardless of whether or not the woodwaste burners are currently
operational. Until the woodwaste burner is shut down, visible emissions
from the woodwaste burner must not exceed 20% opacity, averaged over
any consecutive 6-minute period.
(2) Until the woodwaste burner is shut down, only wood waste
generated on-site may be burned or disposed of in the woodwaste burner.
(3) If there is no reasonably available alternative method of
disposal for the wood waste other than by burning it on-site in a
woodwaste burner, the owner or operator of the woodwaste burner that is
in compliance with the opacity limit in paragraph (c)(1) of this
section may apply to the Regional Administrator for an extension of the
2-year deadline. If the Regional Administrator finds that there is no
reasonably available alternative method of disposal, then a two-year
extension of the deadline may be granted. There is no limit to the
number of extensions
[[Page 61898]]
that may be granted by the Regional Administrator.
(d) What is the reference method for determining compliance with
the opacity limit? The reference method for determining compliance with
the opacity limit is EPA Method 9. A complete description of this
method is found in appendix A to 40 CFR part 60.
(e) Are there additional requirements that must be met? A person
subject to this section must submit a plan to shut down and dismantle
the woodwaste burner to the Regional Administrator within 180 days
after the effective date of this section. Unless an extension has been
granted by the Regional Administrator, the woodwaste burner must be
shut down and dismantled within 2 years after the effective date of
this section for a particular Indian reservation. The owner or operator
of the woodwaste burner must notify the Regional Administrator that the
woodwaste burner has been shut down and dismantled within 30 days after
completion.
Sec. 49.128 Rule for limiting particulate matter emissions from wood
products industry sources.
(a) What is the purpose of this section? This section limits the
amount of particulate matter that may be emitted to the atmosphere from
certain wood products industry sources operating within an Indian
reservation to control ground-level concentrations of PM2.5
and PM10.
(b) Who is affected by this section? This section applies to any
person who owns or operates any of the following wood products industry
sources:
(1) Veneer manufacturing operations;
(2) Plywood manufacturing operations;
(3) Particleboard manufacturing operations; and
(4) Hardboard manufacturing operations.
(c) What are the PM10 emission limits for wood products industry
sources? These PM10 limits are in addition to, and not in
lieu of, the particulate matter limits for combustion sources and
process sources.:
(1) Veneer dryers at veneer manufacturing operations and plywood
manufacturing operations.
(i) PM10 emissions from direct natural gas fired or
direct propane fired veneer dryers must not exceed 0.3 pounds per 1000
square feet of veneer dried (\3/8\ inch basis), 1-hour average.
(ii) PM10 emissions from steam heated veneer dryers must
not exceed 0.3 pounds per 1000 square feet of veneer dried (\3/8\ inch
basis), 1-hour average.
(iii) PM10 emissions from wood fired veneer dryers must
not exceed a total of 0.3 pounds per 1000 square feet of veneer dried
(\3/8\ inch basis) and 0.2 pounds per 1000 pounds of steam generated in
boilers, prorated for the amount of combustion gases routed to the
veneer dryer, 1-hour average.
(2) Wood particle dryers at particleboard manufacturing operation.
PM10 emissions from wood particle dryers must not exceed a
total of 0.4 pounds per 1000 square feet of board produced by the plant
(\3/4\ inch basis), 1-hour average.
(3) Press/cooling vents at hardboard manufacturing operations.
PM10 emissions from hardboard press/cooling vents must not
exceed 0.3 pounds per 1000 square feet of hardboard produced (\1/8\
inch basis), 1-hour average.
(4) Tempering ovens at hardboard manufacturing operations. A person
must not operate any hardboard tempering oven unless all gases and
vapors are collected and treated in a fume incinerator capable of
raising the temperature of the gases and vapors to at least 1500
degrees Fahrenheit for 0.3 seconds or longer.
(d) What is the reference method for determining compliance? (1)
The reference method for determining compliance with the
PM10 limits is EPA Method 202 in conjunction with Method
201A. A complete description of these methods is found in appendix M to
40 CFR part 51.
(2) EPA Methods 1 through 2H, as appropriate, must be conducted in
conjunction with Methods 202 and 201A to calculate the volumetric flow
of the samples. A complete description of these additional test methods
is found in appendix A to 40 CFR part 60.
Sec. 49.129 Rule for limiting emissions of sulfur dioxide.
(a) What is the purpose of this section? This section limits the
amount of sulfur dioxide (SO2) that may be emitted to the
atmosphere from certain air pollution sources operating within an
Indian reservation to control ground-level concentrations of
SO2.
(b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source that emits, or
could emit, SO2 through a stack to the atmosphere.
(c) What is exempted from this section? This section does not apply
to furnaces and boilers used exclusively for space heating with a rated
heat input capacity of less than 400,000 Btu per hour; orchard heating
devices; or mobile sources.
(d) What are the sulfur dioxide limits for sources? (1) Sulfur
dioxide emissions from a combustion source stack must not exceed an
average of 500 parts per million by volume, on a dry basis and
corrected to seven percent oxygen, during any 3-hour period.
(2) Sulfur dioxide emissions from a process source stack, or any
other stack not subject to paragraph (d)(1) of this section, must not
exceed an average of 500 parts per million by volume, on a dry basis,
during any 3-hour period.
(e) What are the reference methods for determining compliance? (1)
The reference methods for determining compliance with the
SO2 limits are EPA Methods 6, 6A, 6B, and 6C as specified in
the applicability section of each method. A complete description of
these methods is found in appendix A to 40 CFR part 60.
(2) EPA Methods 1 through 4, as appropriate, must be conducted in
conjunction with the test methods in paragraph (e)(1) of this section
to calculate the volume, oxygen content, and moisture content of the
sample. A complete description of these additional methods can also be
found in appendix A to 40 CFR part 60.
(3) An alternative reference method is a CEMS that complies with
Performance Specification 2 found in appendix B to 40 CFR part 60.
Sec. 49.130 Rule for limiting sulfur in fuels.
(a) What is the purpose of this section? This section limits the
amount of sulfur contained in fuels that are burned at stationary
sources operating within an Indian reservation to control emissions of
SO2 to the atmosphere and ground-level concentrations of
SO2.
(b) Who is affected by this section? This section applies to any
person who sells, distributes, uses, or makes available for use, any
fuel oil, coal, solid fuel, liquid fuel, or gaseous fuel within an
Indian reservation.
(c) What is exempted from this section? This section does not apply
to gasoline and diesel fuel, such as automotive and marine diesel,
regulated under 40 CFR part 80.
(d) What are the sulfur limits for fuels? A person must not sell,
distribute, use, or make available for use any fuel oil, coal, solid
fuel, liquid fuel, or gaseous fuel that contains more than the
following amounts of sulfur, as determined by the appropriate reference
method(s) from paragraph (e) of this section:
(1) For distillate fuel oil, 0.3 percent by weight for Grade 1 fuel
oil in ASTM D396;
(2) For distillate fuel oil, 0.5 percent by weight for Grade 2 fuel
oil in ASTM D396;
(3) For residual fuel oil, 1.75 percent sulfur by weight for Grades
4, 5, or 6 fuel oil in ASTM D396;
[[Page 61899]]
(4) For used oil, 2.0 percent sulfur by weight;
(5) For any liquid fuel not listed in paragraphs (d)(1) through (4)
of this section, 2.0 percent sulfur by weight;
(6) For coal, 1.0 percent sulfur by weight;
(7) For solid fuels, 2.0 percent sulfur by weight; and
(8) For gaseous fuels, 400 ppm by volume at standard conditions.
(e) What are the reference methods for determining compliance? The
reference methods for determining the amount of sulfur in a fuel are as
follows:
(1) Sulfur content in fuel oil or liquid fuels: ASTM D2880-, D4294,
and D6021;
(2) Sulfur content in coal: ASTM D4239;
(3) Sulfur content in solid fuels: ASTM E775; and
(4) Sulfur content in gaseous fuels: ASTM D1072, D3246, D4084,
D5504, D4468, D2622 and D6228.
(f) Are there additional requirements that must be met? (1) A
person subject to this section must:
(i) For fuel oils and liquid fuels, obtain, record, and keep
records of the percent sulfur by weight from the vendor for each
purchase of fuel. If the vendor is unable to provide this information,
obtain a representative grab sample for each purchase and test the
sample using the appropriate reference method from paragraph (e)(1) of
this section.
(ii) For gaseous fuels, either obtain, record, and keep records of
the sulfur content from the vendor, or continuously monitor the sulfur
content of the fuel gas line using a method that meets the requirements
of Performance Specification 5, 7, 9, or 15 (as applicable for the
sulfur compounds in the gaseous fuel) of appendix B and appendix F to
40 CFR part 60. If only purchased natural gas is used, keep records
showing that the gaseous fuel meets the definition of natural gas in 40
CFR 72.2.
(iii) For coal and solid fuels, either obtain, record, and keep
records of the percent sulfur by weight from the vendor for each
purchase of coal or solid fuel, or obtain a representative grab sample
for each day of operation and test the sample using the appropriate
reference method from paragraphs (e)(2) and (3) of this section. If
only wood is used, keep records showing that only wood was used.
(2) Records of fuel purchases and fuel sulfur content must be kept
for a period of five years from date of purchase and must be made
available to the Regional Administrator upon request.
(3) The owner or occupant of a single-family residence, and the
owner or manager of a residential building with four or fewer dwelling
units, is not subject to the requirement to obtain and record the
percent sulfur content from the vendor if the fuel used in an oil,
coal, or gas furnace is purchased from a licensed fuel distributor.
(g) Incorporation by reference. The material listed in this
paragraph (g) is incorporated by reference into this section with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the EPA and at the National Archives and Records
Administration (NARA). Contact EPA at: EPA Region 10, Air and Radiation
Division, 1200 Sixth Avenue, Seattle, Washington 98101; phone: 206-553-
1200; website: www.epa.gov/aboutepa/epa-region-10-pacific-northwest.
For information on the availability of this material at NARA, email:
[email protected]; website: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from ASTM
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;
telephone: (610) 832-9500; email: [email protected]; website: https://www.astm.org.
(1) ASTM D396-21, Standard Specification for Fuel Oils.
(2) ASTM D1072-06(Reapproved 2017), Standard Test Method for Total
Sulfur in Fuel Gases by Combustion and Barium Chloride Titration.
(3) ASTM D2622-21, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry.
(4) ASTM D2880-20, Standard Specification for Gas Turbine Fuel
Oils.
(5) ASTM D3246-15, Standard Test Method for Sulfur in Petroleum Gas
by Oxidative Microcoulometry.
(6) ASTM D4084-07(Reapproved 2017), Standard Test Method for
Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction
Rate Method).
(7) ASTM D4239-18e1, Standard Test Methods for Sulfur in the
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace
Combustion Methods.
(8) ASTM D4294-21, Standard Test Method for Sulfur in Petroleum
Products by Energy-Dispersive X-ray Fluorescence Spectroscopy.
(9) ASTM D4468-85(Reapproved 2015), Standard Test Method for Total
Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry.
(10) ASTM D5504-20, Standard Test Method for Determination of
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography
and Chemiluminescence.
(11) ASTM D6021-22, Standard Test Method for Measurement of Total
Hydrogen Sulfide in Residual Fuels by Multiple Headspace Extraction and
Sulfur Specific Detection.
(12) ASTM D6228-19, Standard Test Method for Determination of
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography
and Flame Photometric Detection.
(13) ASTM E775-15(Reapproved 2021), Standard Test Methods for Total
Sulfur in the Analysis Sample of Refuse-Derived Fuel.
Sec. 49.131 General rule for open burning.
(a) What is the purpose of this section? This section identifies
the types of materials that are allowed to be openly burned within an
Indian reservation and the conditions on such burning to control
emissions of air pollutants to the atmosphere and ground-level
concentrations of PM2.5 and PM10. It is EPA's
goal to eliminate open burning disposal practices where alternative
methods are feasible and practicable, to encourage the development of
alternative disposal methods, to emphasize resource recovery, and to
encourage utilization of the highest and best practicable burning
methods to minimize emissions where other disposal practices are not
feasible.
(b) Who is affected by this section? This section applies to any
person who conducts open burning and to the owner and lessee, if any,
of the property on which open burning is conducted.
(c) What is exempted from this section? The following open burns
are exempted from this section:
(1) Outdoor fires set for cultural or traditional purposes;
(2) Fires set for cultural or traditional purposes within
structures such as smoke houses, sweat houses, or sweat lodges;
(3) Outdoor cooking fires;
(4) Fires set as part of a firefighting strategy (e.g., back burn,
fire break, or safety perimeter burn), if approved by the appropriate
fire safety jurisdiction and only under an emergency or incident
command situation; and
(5) Except when burning is prohibited under paragraph (d)(2) or
(d)(3) of this section, fires set for the disposal of diseased animals
or other material by order of a public health authority.
(d) What are the requirements for open burning? (1) All open
burning is prohibited except:
(i) Natural vegetation and untreated wood may be open burned.
(ii) A single-family residence or residential building with four or
fewer
[[Page 61900]]
dwelling units may open burn paper, paper products, or cardboard
generated on site.
(iii) Paper and manufactured fire starters may be used to start a
fire authorized under paragraph (d)(1)(i) or (d)(1)(ii) of this
section.
(iv) Open outdoor fires may be conducted by qualified personnel to
train firefighters in the methods of fire suppression and firefighting
techniques subject to the requirements of paragraph (e)(4) of this
section.
(v) Tribal governments may conduct open outdoor fires to dispose of
fireworks and associated packaging materials subject to the
requirements of paragraph (e)(5) of this section.
(2) All open burning is prohibited whenever the Regional
Administrator declares a burn ban due to deteriorating air quality
except for burning exempt under paragraph (c)(1), (2), (3) or (4) of
this section.
(i) A burn ban may be declared for an Indian reservation (or
portion thereof) whenever the Regional Administrator determines that
air quality levels have exceeded, or are projected to exceed within the
next 72 hours, 75% of any 24-hour national ambient air quality standard
for particulate matter, and these levels are projected to continue or
reoccur over at least the subsequent 24 hours.
(ii) A burn ban will remain in effect until the Regional
Administrator terminates the burn ban.
(iii) The Regional Administrator will post an announcement of a
burn ban on the EPA Region 10 website and will consider other means to
announce the burn ban, such as posting the announcement on Region 10's
social media and requesting Tribes within the affected area to post the
announcement on their websites. Delegated Tribes may use these and
other similar means to make announcements. Announcements of the
termination of a burn ban will be made in the same manner.
(3) All open burning is also prohibited whenever the Regional
Administrator issues an air stagnation advisory or declares an air
pollution alert, air pollution warning, or air pollution emergency
pursuant to Sec. 49.137 Rule for air pollution episodes except for
burning exempt under paragraph (c)(1), (2), (3) or (4) of this section.
The prohibition on open burning will remain in effect until the
Regional Administrator terminates the advisory, alert, warning or
emergency.
(4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments, and other governmental entities.
(e) Are there additional requirements that must be met? (1) Except
for burning conducted under paragraphs (e)(4) and (5) of this section
and except for recreational fires, a person subject to this section
must conduct open burning as follows:
(i) All materials to be openly burned must be kept as dry as
possible through the use of a cover or dry storage.
(ii) Before igniting a burn, dirt and stones must be separated from
the materials to be openly burned to the greatest extent practicable.
(iii) Natural or artificially induced draft must be present.
(iv) To the greatest extent practicable, materials to be openly
burned must be separated from the grass or peat layer.
(v) A fire must not be allowed to smolder, unless, where
applicable, the burn is permitted under Sec. 49.132, Sec. 49.133, or
Sec. 49.134, the permit specifically allows the fire to smolder, and
the burn is actively managed to complete the burn in the shortest
possible time within the time period allowed by the burn permit.
(vi) A person 18 years of age or older must be in attendance at all
times during the burn.
(vii) There must be a means available for extinguishing the fire,
such as water or chemical fire suppressants.
(viii) The fire must be extinguished if safe to do so, when
requested to do so by the Regional Administrator based on a
determination that:
(A) The open burning is causing or contributing to, or has the
potential to cause or contribute to, an exceedance of a national
ambient air quality standard; or
(B) When relevant, that the open burning is causing any other
adverse impact on air quality.
(ix) Except for small open burns, before igniting a burn that could
significantly impair visibility on roadways, the relevant
transportation safety authorities must be contacted and provided an
opportunity to require appropriate transportation safety measures
during the burn.
(2) Except for burning exempt under paragraph (c)(1), (2), (3) or
(4) of this section, open burning shall not be initiated when:
(i) The Regional Administrator has declared a burn ban under this
section; or
(ii) An air stagnation advisory has been issued or an air pollution
alert, air pollution warning, or air pollution emergency has been
declared by the Regional Administrator under Sec. 49.137.
(3) Except for burning exempt under paragraph (c)(1), (2), (3) or
(4) of this section, when a burn ban is declared under paragraph (d)(2)
of this section or an advisory is issued or declaration made under
paragraph (d)(3) of this section, the open burn must be immediately
extinguished if safe to do so, lighting the fire must be discontinued
and additional material must be withheld from the fire so the fire
burns down, as applicable.
(4) Except when burning is prohibited under paragraph (d)(2) or (3)
of this section and with prior written permission from the Regional
Administrator (and after obtaining a large open burning permit, if
applicable under Sec. 49.132 and if Sec. 49.132 applies on the
Reservation where the burn is occurring), open outdoor fires used by
qualified personnel to train firefighters in the methods of fire
suppression and firefighting techniques are allowed, subject to the
following conditions:
(i) Prior to igniting any structure, the fire protection service
must ensure the structure does not contain asbestos or asbestos-
containing materials and must comply with subpart M of 40 CFR part 61.
(ii) Before requesting permission from the Regional Administrator,
the fire protection service must notify any appropriate Tribal air
pollution authority and fire safety authority and obtain any
permissions or approvals required by the Tribe, and by any other
governments with applicable laws and ordinances.
(iii) Prior to igniting any structure and at least 10 business days
before the requested date of the training fire, the fire protection
service must submit a request for permission for the training fire to
the Regional Administrator that includes the following information:
(A) The name and address of the fire protection service;
(B) The name and contact information for the fire protection
service trainer, including a phone number where they can be reached on
the day of the training fire;
(C) The location (including the street address if available) where
the training will take place;
(D) A description of what will be burned during the training;
(E) The requested date and time of the training;
(F) The results of an asbestos survey and any removal required;
(G) A copy of the Asbestos Demolition and Renovation Projects
Notification required by subpart M of 40 CFR part 61; and
(H) A statement that the requestor has read and understands the
open burning requirements in this section.
[[Page 61901]]
(iv) The fire protection service must ensure that the structure
does not contain any batteries; stored chemicals such as pesticides,
herbicides, fertilizers, paints, glues, sealers, tars, solvents,
household cleaners, or photographic reagents; stored linoleum,
plastics, rubber, tires, or insulated wire; or hazardous wastes.
(v) Written permission from the Regional Administrator for the
training fire must be available on site the day of the fire.
(vi) The training fire shall not be allowed to smolder after the
training session has terminated.
(5) Except when burning is prohibited under paragraph (d)(2) or (3)
of this section and with prior written permission from the Regional
Administrator (and after obtaining a large open burning permit, if
applicable under Sec. 49.132 and if Sec. 49.132 applies on the
Reservation where the burn is occurring), Tribal governments may
conduct open outdoor fires to dispose of fireworks and associated
packaging materials, subject to the following conditions:
(i) Before requesting permission from the Regional Administrator,
the person who will be managing the fireworks disposal fire must notify
any appropriate Tribal air pollution authority and fire safety
authority and obtain any permissions or approvals required by the
Tribe, and by any other governments with applicable laws and
ordinances.
(ii) Prior to igniting fireworks for disposal and at least 5
business days before the requested date of the fireworks disposal fire,
the Tribal government must submit a request for permission for the
fireworks disposal fire to the Regional Administrator that includes the
following information:
(A) The name and address of the Tribal government;
(B) The name and contact information for the person who will be on
site managing the fireworks disposal fire, including a phone number
where they can be reached on the day of the disposal fire;
(C) The location (including the street address if available) where
the fire will occur;
(D) The requested date and time of the fire;
(E) The estimated size of the fireworks disposal burn pile or
weight of materials to be burned;
(F) A description of the means for containing any explosions and
for fire suppression, including but not limited to the availability of
water or chemical fire suppressants; and
(G) A statement that the requestor has read and understands the
open burning requirements in this section; and
(iii) Written permission from the Regional Administrator for the
fireworks disposal fire must be available on site the day of the fire.
(6) Open burning may also be subject to permitting requirements
under Sec. 49.132, Sec. 49.142Sec. 49.143, Sec. 49.133, or Sec.
49.134, or an applicable EPA-approved Tribal open burning rule as
specified in the applicable implementation plan for the reservation in
subpart M of this part.
Sec. 49.132 Rule for large open burning permits.
(a) What is the purpose of this section? This section establishes a
permitting program for large open burning within an Indian reservation
to control emissions of air pollutants to the atmosphere and ground-
level concentrations of PM2.5 and PM10.
(b) Who is affected by this section? This section applies to the
owner and lessee, if any, of the property on which a large open burn is
conducted and to any person who conducts a large open burn.
(c) What is exempted from this section? The following open burning
is exempted from this section:
(1) Outdoor fires set for cultural or traditional purposes;
(2) Fires set for cultural or traditional purposes within
structures such as smoke houses, sweat houses, or sweat lodges;
(3) Outdoor cooking fires;
(4) Fires set for recreational purposes;
(5) Fires set as part of a firefighting strategy (e.g., back burn,
fire break, or safety perimeter burn), if approved by the appropriate
fire safety jurisdiction and only under an emergency or incident
command situation;
(6) Fires set for the disposal of diseased animals or other
material by order of a public health authority;
(7) Agricultural burning; and
(8) Forestry and silvicultural burning.
(d) What are the requirements for large open burning? (1) A person
subject to this section must have a permit to conduct a large open
burn, have approval to burn on the day(s) of the burn, ensure that the
person conducting the burn is familiar with the requirements of the
permit, ensure that the permit is available on the property during the
open burn, and conduct the open burn in accordance with the terms and
conditions of the permit.
(2) The date after which a permit is required under this section is
identified in the implementation plan in subpart M of this part for the
specific Indian reservation where this section applies.
(3) A person subject to this section must comply with Sec. 49.131
or the EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part, as applicable.
(4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments or other governmental entities.
(e) Are there additional requirements that must be met? (1) The
owner or lessee of the property on which the large open burn will be
conducted must submit an application to the Regional Administrator for
each proposed large open burn. The application must be submitted in
writing, on forms provided by the Regional Administrator, and be
received by the Regional Administrator at least 1 business day before
the proposed date the burn would be conducted or by such earlier date
specified by the Regional Administrator in the application form. The
forms will require, at a minimum, the following information:
(i) Street address of the property on which the proposed open
burning will be conducted or, if there is no street address of the
property, the legal description of the property.
(ii) Name, mailing address, email address and telephone number of
the applicant, who must be the owner or lessee of the property on which
the proposed open burning will be conducted.
(iii) Name, mailing address, email address and telephone number of
the person who will be conducting the proposed open burning.
(iv) Name, mailing address, email address and telephone number of
the owner or lessee, if any, of the property on which the proposed open
burning will be conducted, if different from the applicant identified
in paragraph (e)(1)(ii) of this section.
(v) A plot plan showing the location of the proposed open burn in
relation to the property lines and indicating the distances and
directions of the nearest residential, public, and commercial
properties, as well as roads and other sensitive areas that could be
affected by the smoke from the burning.
(vi) The type and quantity of materials proposed to be burned and
the area over which the open burning will be conducted.
(vii) A description of the burning method(s) to be used (pile burn,
ditch burn, broadcast burn, windrow burn, etc.), the amount of material
to be burned with each method, and the means of ignition.
[[Page 61902]]
(viii) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water.
(ix) The requested date(s) when the proposed large open burn would
be conducted.
(x) Any other information specifically requested by the Regional
Administrator.
(2) At least 1 business day prior to the requested date of a
proposed large open burn, the person conducting the burn must contact
the Regional Administrator as specified in the large open burning
permit to request approval to burn. If the proposed open burning is
consistent with this section and Sec. 49.131 or the applicable EPA-
approved Tribal open burning rule as specified in the applicable
implementation plan for the reservation in subpart M of this part, the
Regional Administrator may approve the large open burn for the
requested day(s) after taking into consideration relevant factors
including, but not limited to:
(i) The size, duration, and location of the proposed open burn, the
current and projected air quality conditions, the forecasted
meteorological conditions, and other scheduled burning activities in
the surrounding area;
(ii) Other factors indicating whether or not the proposed open burn
can be conducted without causing or contributing to an exceedance of a
national ambient air quality standard; and
(iii) When relevant, other factors indicating whether or not the
proposed open burn can be conducted without causing any other adverse
impact on air quality.
(3) The permit will authorize burning only for the date(s) and
time(s) approved for the burning to be conducted and will include any
conditions that the Regional Administrator determines are necessary to
ensure compliance with this section, Sec. 49.131 or the applicable
EPA-approved Tribal open burning rule as specified in the applicable
implementation plan for the reservation in subpart M of this part, and
to protect the public health and welfare, including any monitoring,
recordkeeping and post-burn reporting requirements.
(4) If any of the relevant factors in paragraph (e)(2) of this
section change after approval to conduct the large open burn, the
Regional Administrator may contact the person conducting the burn to
revoke the approval and require the permittee to immediately extinguish
the fire if safe to do so, discontinue lighting the fire and withhold
additional material such that the fire burns down, as applicable.
(5) The Regional Administrator, to the extent practical, will
consult with and coordinate approvals to burn with the open burning
programs of surrounding jurisdictions.
Sec. 49.133 Rule for agricultural burning permits.
(a) What is the purpose of this section? This section establishes a
permitting program for agricultural burning within an Indian
reservation to control emissions of air pollutants to the atmosphere
and ground-level concentrations of PM2.5 and
PM10.
(b) Who is affected by this section? This section applies to the
owner and lessee, if any, of the property on which agricultural burning
is conducted and to any person who conducts agricultural burning.
(c) What are the requirements for agricultural burning? (1) A
person subject to this section must have a permit to conduct an
agricultural burn, have approval to burn on the day(s) of the burn,
ensure that the person conducting the burn is familiar with the
requirements of the permit, ensure that the permit is available on the
property during the burn, and conduct the burn in accordance with the
terms and conditions of the permit.
(2) The date after which a permit is required under this section is
identified in the implementation plan in subpart M of this part for the
specific Indian reservation where this section applies.
(3) A person subject to this section must comply with Sec. 49.131
or the EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part, as applicable.
(4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments, or other governmental entities.
(d) Are there additional requirements that must be met? (1) The
owner or lessee of the property on which an agricultural burn will be
conducted must submit an application to the Regional Administrator for
each proposed agricultural burn. The application must be submitted in
writing, on forms provided by the Regional Administrator, and be
received by the Regional Administrator at least 1 business day before
the proposed date the burn would be conducted or by such earlier date
specified by the Regional Administrator in the application form. The
forms will require, at a minimum, the following information:
(i) Street address of the property on which the proposed
agricultural burning will be conducted or, if there is no street
address of the property, the legal description of the property.
(ii) Name, mailing address, email address and telephone number of
the applicant, who must be the owner or lessee of the property on which
the proposed agricultural burning will be conducted.
(iii) Name, mailing address, email address and telephone number of
the person who will be conducting the proposed agricultural burning.
(iv) Name, mailing address, email address and telephone number of
the owner or lessee, if any, of the property on which the proposed
agricultural burning will be conducted, if different from the applicant
identified in paragraph (d)(1)(ii) of this section.
(v) A plot plan showing the location of each proposed agricultural
burning area in relation to the property lines and indicating the
distances and directions of the nearest residential, public, and
commercial properties, as well as roads and other sensitive areas that
could be affected by the smoke from the burning.
(vi) The type and quantity of agricultural wastes proposed to be
burned and the area over which burning will be conducted.
(vii) A description of the burning method(s) to be used (pile or
stack burn, open field or broadcast burn, windrow burn, mobile field
sanitizer, etc.), the amount of material to be burned with each method,
and the means of ignition.
(viii) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water
and plowed firebreaks.
(ix) The requested date(s) when the proposed agricultural burning
would be conducted.
(x) Any other information specifically requested by the Regional
Administrator.
(2) At least 1 business day prior to the requested date of the
proposed agricultural burning, the person conducting the burn must
contact the Regional Administrator as specified in the agricultural
burning permit to request approval to burn. If the proposed
agricultural burning is consistent with this section and Sec. 49.131
or the applicable EPA-approved Tribal open burning rule as specified in
the applicable implementation plan for the reservation in subpart M of
this part, the Regional Administrator may approve the agricultural
burning for the requested day(s) after taking into consideration
relevant factors including, but not limited to:
[[Page 61903]]
(i) The size, duration, and location of the proposed burn, the
current and projected air quality conditions, the forecasted
meteorological conditions, and other scheduled burning activities in
the surrounding area;
(ii) Other factors indicating whether or not the proposed
agricultural burning can be conducted without causing or contributing
to an exceedance of a national ambient air quality standard; and
(iii) When relevant, other factors indicating whether or not the
proposed open burn can be conducted without causing any other adverse
impact on air quality.
(3) The permit will authorize burning only for the date(s) and
time(s) approved for the burning to be conducted and will include any
conditions that the Regional Administrator determines are necessary to
ensure compliance with this section, Sec. 49.131 or the applicable
EPA-approved Tribal open burning rule as specified in the applicable
implementation plan for the reservation in subpart M of this part, and
to protect the public health and welfare, including any monitoring,
recordkeeping and post-burn reporting requirements.
(4) If any of the relevant factors in paragraph (d)(2) of this
section change after approval to conduct the agricultural burning, the
Regional Administrator may contact the person conducting the burn to
revoke the approval and require the permittee to immediately extinguish
the fire if safe to do so, discontinue lighting the fire and withhold
additional material such that the fire burns down, as applicable.
(5) The Regional Administrator, to the extent practical, will
consult with and coordinate approvals to burn with the open burning
programs of surrounding jurisdictions.
Sec. 49.134 Rule for forestry and silvicultural burning permits.
(a) What is the purpose of this section? This section establishes a
permitting program for forestry and silvicultural burning within an
Indian reservation to control emissions of air pollutants to the
atmosphere and ground-level concentrations of PM2.5 and
PM10.
(b) Who is affected by this section? This section applies to the
owner and lessee, if any, of the property on which forestry or
silvicultural burning is conducted and to any person who conducts
forestry or silvicultural burning.
(c) What are the requirements for forestry and silvicultural
burning? (1) A person subject to this section must have a permit to
conduct a forestry or silvicultural burn, have approval to burn on the
day(s) of the burn, ensure that the person conducting the burn is
familiar with the requirements of the permit, ensure that the permit is
available on the property during the burn, and conduct the burn in
accordance with the terms and conditions of the permit.
(2) The date after which a permit is required under this section is
identified in the implementation plan in subpart M of this part for the
specific Indian reservation where this section applies.
(3) A person subject to this section, must comply with Sec. 49.131
or the EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part, as applicable.
(4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments, or other governmental entities.
(d) Are there additional requirements that must be met? (1) The
owner or lessee of the property on which a forestry or silvicultural
burn will be conducted must submit an application to the Regional
Administrator for each proposed forestry or silvicultural burn. The
application must be submitted in writing, on forms provided by the
Regional Administrator, and be received by the Regional Administrator
at least 1 business day before the proposed date the burn would be
conducted or by such earlier date specified by the Regional
Administrator in the application form. The forms will require, at a
minimum, the following information:
(i) The legal description of the property on which the proposed
forestry or silvicultural burning will be conducted.
(ii) Name, mailing address, email address and telephone number of
the applicant, who must be the owner or lessee of the property on which
the proposed forestry or silvicultural burning will be conducted.
(iii) Name, mailing address, email address and telephone number of
the person who will be conducting the proposed forestry or
silvicultural burning.
(iv) Name, mailing address, email address and telephone number of
the owner or lessee, if any, of the property on which the proposed
forestry and silvicultural burning will be conducted, if different from
the applicant.
(v) A plot plan showing the location of the proposed forestry or
silvicultural burning in relation to the property lines and indicating
the distances and directions of the nearest residential, public, and
commercial properties, as well as roads and other sensitive areas that
could be affected by the smoke from the burning.
(vi) The type and quantity of forestry or silvicultural debris or
material proposed to be burned and the area over which burning will be
conducted.
(vii) A description of the burning method(s) to be used (pile burn,
broadcast burn, windrow burn, understory burn, etc.), the amount of
material to be burned with each method, and the means of ignition.
(viii) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water
and firebreaks.
(ix) The requested date(s) when the proposed forestry or
silvicultural burning would be conducted.
(x) Any other information specifically requested by the Regional
Administrator.
(2) At least 1 business day prior to the requested date of a
proposed forestry or silvicultural burn, the person conducting the burn
must contact the Regional Administrator as specified in the forestry or
silvicultural open burning permit to request approval to burn. If the
proposed forestry or silvicultural burning is consistent with this
section and Sec. 49.131 or the applicable EPA-approved Tribal open
burning rule as specified in the applicable implementation plan for the
reservation in subpart M of this part, the Regional Administrator may
approve the forestry or silvicultural burning for the requested day(s)
after taking into consideration relevant factors including, but not
limited to:
(i) The size, duration, and location of the proposed burn, the
current and projected air quality conditions, the forecasted
meteorological conditions, and other scheduled burning activities in
the surrounding area;
(ii) Other factors indicating whether or not the proposed forestry
or silvicultural burning can be conducted without causing or
contributing to an exceedance of a national ambient air quality
standard; and
(iii) When relevant, other factors indicating whether or not the
proposed open burn can be conducted without causing any other adverse
impact on air quality.
(3) The permit will authorize burning only for the date(s) and
time(s) approved for the burning to be conducted and will include any
conditions that the Regional Administrator determines are necessary to
ensure compliance with this section, Sec. 49.131 or the applicable
EPA-
[[Page 61904]]
approved Tribal open burning rule as specified in the applicable
implementation plan for the reservation in subpart M of this part, and
to protect the public health and welfare, including any monitoring,
recordkeeping and post-burn reporting requirements.
(4) If any of the relevant factors in paragraph (d)(2) of this
section change after approval to conduct the forestry or silvicultural
burn, the Regional Administrator may contact the person conducting the
burn to revoke the approval and require the permittee to immediately
extinguish the fire if safe to do so, discontinue lighting the fire and
withhold additional material such that the fire burns down, as
applicable.
(5) The Regional Administrator, to the extent practical, will
consult with and coordinate approvals to burn with the open burning
programs of surrounding jurisdictions.
Sec. 49.135 Rule for emissions detrimental to public health or
welfare.
(a) What is the purpose of this section? This section is intended
to prevent the emission of air pollutants from any air pollution source
operating within an Indian reservation from being detrimental to public
health or welfare.
(b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source.
(c) What are the requirements for air pollution sources? (1) A
person must not cause or allow the emission of any air pollutants from
an air pollution source, in sufficient quantities and of such
characteristic and duration, that the Regional Administrator
determines:
(i) Causes or contributes to a violation of any national ambient
air quality standard; or
(ii) Is presenting an imminent and substantial endangerment to
public health or welfare, or the environment.
(2) If the Regional Administrator makes either of the
determinations in paragraph (c)(1) of this section, then the Regional
Administrator may require the owner or operator of the source to
install air pollution controls and/or take reasonable precautions to
reduce or prevent the emissions. If the Regional Administrator
determines that the installation of air pollution controls and/or
reasonable precautions are necessary, then the Regional Administrator
will require the owner or operator to obtain a non-Title V operating
permit for the source. The specific requirements will be established in
the required non-Title V operating permit.
(3) Nothing in this section affects the ability of the Regional
Administrator to issue an order pursuant to section 303 of the Clean
Air Act to require an owner or operator to immediately reduce or cease
the emission of air pollutants.
(4) Nothing in this section shall be construed to impair any cause
of action or legal remedy of any person, or the public, for injury or
damages arising from the emission of any air pollutant in such place,
manner, or amount as to constitute a nuisance under any other
applicable law.
(d) What does someone subject to this section need to do? A person
subject to this section, must comply with the terms and conditions of
any non-Title V operating permit or order issued by the Regional
Administrator.
Sec. 49.136 [Reserved]
Sec. 49.137 Rule for air pollution episodes.
(a) What is the purpose of this section? This section establishes
procedures for addressing the excessive buildup of certain criteria air
pollutants. This section is intended to prevent the occurrence of an
air pollution emergency within an Indian reservation due to the effects
of these air pollutants on human health.
(b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source within an Indian
reservation.
(c) What are the requirements of this section? (1) Air pollution
action level triggers. Conditions justifying the issuance of an air
stagnation advisory or the declaration of an air pollution alert, air
pollution warning, or air pollution emergency exist whenever the
Regional Administrator determines that the accumulation of air
pollutants in any place is approaching, or has reached, levels that
could lead to a threat to human health. The following criteria will be
used for making these determinations:
(i) Air stagnation advisory. An air stagnation advisory may be
issued by the Regional Administrator whenever meteorological conditions
over a large area are conducive to the buildup of air pollutants.
(ii) Air pollution alert. An air pollution alert may be declared by
the Regional Administrator when the air quality levels are in the Air
Quality Index (AQI) Unhealthy category, or are projected to be in the
Unhealthy category within the next 72 hours, at any monitoring site and
the meteorological conditions are such that the levels are expected to
continue or reoccur over the subsequent 24 hours.
(iii) Air pollution warning. An air pollution warning may be
declared by the Regional Administrator when the air quality levels are
in the AQI Very Unhealthy category, or are projected to be in the Very
Unhealthy category within the next 72 hours, at any monitoring site and
the meteorological conditions are such that the levels are expected to
continue or reoccur over the subsequent 24 hours.
(iv) Air pollution emergency. An air pollution emergency may be
declared by the Regional Administrator when the air quality levels are
in the AQI Hazardous category, or are projected to be in the AQI
Hazardous category within the next 72 hours, at any monitoring site and
the meteorological conditions are such that the levels are expected to
continue or reoccur over the subsequent 24 hours.
(v) AQI levels. The air quality levels for the AQI categories of
Unhealthy, Very Unhealthy and Hazardous are found in Table 2 of
appendix G to 40 CFR part 58.
(vi) Termination. Once an air stagnation advisory is issued, or an
air pollution alert, air pollution warning, or air pollution emergency
is declared, it will remain in effect until the Regional Administrator
either terminates the advisory, alert, warning or emergency or makes a
different declaration.
(2) Announcements by the Regional Administrator. The Regional
Administrator will post an announcement of an air stagnation advisory,
air pollution alert, air pollution warning or air pollution emergency
on the EPA Region 10 website and will consider other means to announce
the event, such as posting the announcement on Region 10's social media
and requesting Tribes within the affected area to post the announcement
on their websites. Delegated Tribes may use these and other similar
means to make announcements. These announcements will indicate that air
pollution levels exist or may occur that could potentially be harmful
to human health and indicate actions that people can take to reduce
exposure. The announcements will also request voluntary actions to
reduce emissions from sources of air pollutants as well as indicate
that a ban on open burning is in effect, as provided in paragraphs
(c)(3) and (4) of this section. Announcements of the termination of an
air stagnation advisory, air pollution alert, air pollution warning,
air pollution emergency or burn ban will be made in the same manner.
(3) Voluntary curtailment of emissions by sources. Whenever the
Regional Administrator issues an air stagnation advisory or declares an
air pollution alert, air pollution warning, or air pollution emergency,
sources of air pollutants will be requested to take
[[Page 61905]]
voluntary actions to reduce emissions. People should refrain from using
their wood stoves and fireplaces unless they are their sole source of
heat. People should reduce their use of motor vehicles to the extent
possible. Industrial sources should curtail operations or switch to a
cleaner fuel if possible.
(4) Mandatory curtailment of emissions by order of the Regional
Administrator. (i) Except for fires exempted under Sec. 49.131(c)(1),
(2), (3) or (4), all open burning is prohibited whenever:
(A) The Regional Administrator issues an air stagnation advisory or
declares an air pollution alert, air pollution warning, or air
pollution emergency; or
(B) A burn ban is declared pursuant to Sec. 49.131 or the
applicable EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part.
(ii) Except for fires exempted under Sec. 49.131(c)(1) through
(4), any person conducting open burning when such an advisory is issued
or declaration is made must immediately extinguish the fire if safe to
do so, discontinue lighting the fire and withhold additional material
such that the fire burns down, as applicable.
(iii) During an air pollution warning or air pollution emergency,
the Regional Administrator may issue an order to any air pollution
source requiring such source to curtail or eliminate the emissions.
Sec. 49.138 Rule for the registration of air pollution sources and
the reporting of emissions.
(a) What is the purpose of this section? This section allows the
Regional Administrator to develop and maintain a current and accurate
record of air pollution sources operating within an Indian reservation
and the emissions from such sources.
(b) Who is affected by this section? This section applies to: (1)
Any person who owns or operates a part 71 source;
(2) Any person who owns or operates an air pollution source
required to have a permit under the Federal Minor New Source Review
Program in Indian Country (Sec. Sec. 49.151 through 49.164);
(3) Any person who owns or operates any air pollution source
required to have a permit under the Rule for non-Title V operating
permits (Sec. 49.139); and
(4) Any person who owns or operates any other air pollution source
that has the potential to emit more than 2 tons per year of any air
pollutant listed in paragraph (e)(3)(xiii) of this section, except
those air pollution sources exempted in paragraph (c) of this section.
(c) What is exempted from this section? This section does not apply
to the following air pollution sources that would otherwise be required
to register under paragraph (b)(iv) of this section:
(1) Mobile sources;
(2) Single-family residences and residential buildings with four or
fewer dwelling units;
(3) Air conditioning units used for human comfort that do not
exhaust air pollutants into the atmosphere from any manufacturing or
industrial process;
(4) Ventilating units used for human comfort that do not exhaust
air pollutants into the atmosphere from any manufacturing or industrial
process;
(5) Furnaces and boilers used exclusively for space heating with a
rated heat input capacity of less than 400,000 Btu per hour;
(6) Emergency generators, designed solely for the purpose of
providing electrical power during outages, provided the total maximum
manufacturer's site-rated horsepower of all units is below 1,000;
(7) Stationary internal combustion engines with a manufacturer's
site rated horsepower of less than 50;
(8) Cooking of food, except for wholesale businesses that both cook
and sell cooked food;
(9) Consumer use of office equipment and products;
(10) Janitorial services and consumer use of janitorial products;
(11) Maintenance and repair activities, except for air pollution
sources engaged in the business of maintaining and repairing equipment;
(12) Agricultural activities and forestry and silvicultural
activities, including agricultural burning and forestry and
silvicultural burning; and
(13) Open burning.
(d) What are the requirements of this section? Any person who owns
or operates an air pollution source subject to this section must
register the source with the Regional Administrator and submit reports.
The content and timing of submission of reports for a person who owns
or operates a part 71 source is specified in paragraph (f) of this
section. The content and timing of submission of reports for all other
sources is specified in paragraph (e) of this section. All registration
information and reports must be submitted via the FARR Online Reporting
System (FORS), unless prior written approval to submit such information
and reports in hard copy, paper or other format has been received from
EPA Region 10.
(e) Are there additional requirements that must be met? Any person
who owns or operates an air pollution source subject to this section,
except for part 71 sources, must register an air pollution source and
submit reports as follows:
(1) Initial registration. (i) The owner or operator of an air
pollution source located on an Indian reservation within Idaho, Oregon,
or Washington on or before June 7, 2005 (except for the Cowlitz Indian
Reservation, Snoqualmie Indian Reservations, lands held in trust for
the Samish Indian Nation and any land held in trust for a Tribe that
existed on June 7, 2005 and has not been formally designated as a
reservation) must register the air pollution source with the Regional
Administrator by no later than February 15, 2007.
(ii) The owner or operator of a new air pollution source that
begins actual construction after June 7, 2005 on an Indian reservation
within Idaho, Oregon, or Washington (except for the Cowlitz Indian
Nation, Snoqualmie Indian Reservations, lands held in trust for the
Samish Indian Nation and any land held in trust for a Tribe that
existed on June 7, 2005 and has not been formally designated as a
reservation) must register the air pollution source with the Regional
Administrator within 90 days after beginning operation.
(iii) The owner or operator of an air pollution source located on
the Cowlitz Indian Reservation, the Snoqualmie Indian Reservation,
lands held in trust for the Samish Indian Nation or any land held in
trust for a Tribe that has not been formally designated as a
reservation and that exists on [EFFECTIVE DATE OF FINAL RULE] must
register the air pollution source with the Regional Administrator by no
later than [6 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE].
(iv) The owner or operator of a new air pollution source which
begins actual construction after [EFFECTIVE DATE OF FINAL RULE] on the
Cowlitz Indian Reservation, the Snoqualmie Indian Reservation, the
lands held in trust for the Samish Indian Nation or any land held in
trust for a Tribe that has not been formally designated as a
reservation must register the air pollution source with the Regional
Administrator within 90 days after beginning operation.
(v) The owner or operator of an air pollution source located on
land that is taken into trust and becomes part of the Indian
reservation for an Indian Tribe after [EFFECTIVE DATE OF FINAL RULE]
must register the air pollution source with the Regional Administrator
by no later than 6 months after the date that the land is taken into
trust.
(vi) The owner or operator of a new air pollution source which
begins actual
[[Page 61906]]
construction on land that is taken into trust and becomes part of the
Indian reservation for an Indian Tribe after [EFFECTIVE DATE OF FINAL
RULE] must register the air pollution source with the Regional
Administrator within 90 days after beginning operation.
(vii) Submitting an initial registration does not relieve the owner
or operator from the requirement to obtain a permit to construct if the
new air pollution source would be a new source or modification subject
to any Federal or Tribal permit to construct rule.
(2) Annual registration. After initial registration, the owner or
operator of an air pollution source must re-register with the Regional
Administrator by February 15 of each year. The annual registration must
include all of the information required in the initial registration and
must be updated to reflect any changes since the previous registration.
For information that has not changed since the previous registration,
the owner or operator may reaffirm via the FORS that the information
previously furnished to the Regional Administrator is still correct.
(3) Information to include in initial registration and annual
registration. Each initial registration and annual registration must
include the following information if it applies:
(i) Name of the air pollution source and the nature of the
business.
(ii) Street address, email address and telephone number of the air
pollution source.
(iii) Name, mailing address, email address and telephone number of
the owner.
(iv) Name, mailing address, email address and telephone number of
the operator, if different from the owner.
(v) Name, mailing address, email address and telephone number of
the local individual responsible for compliance with this section.
(vi) Name, mailing address, email address and telephone number of
the individual authorized to receive requests for data and information.
(vii) A description of the production processes, air pollution
control equipment, and a related flow chart.
(viii) Identification of emission units and air pollutant-
generating activities.
(ix) A plot plan showing the location of all emission units and air
pollutant-generating activities. The plot plan must also show the
property lines of the air pollution source, the height above grade of
each emission release point, and the distance and direction to the
nearest residential or commercial property.
(x) Type and quantity of fuels, including the sulfur content of
fuels, used on a daily, annual, and maximum hourly basis.
(xi) Type and quantity of raw materials used or final product
produced on a daily, annual, and maximum hourly basis.
(xii) Typical operating schedule, including number of hours per
day, number of days per week, and number of weeks per year.
(xiii) Estimates (including all calculations for the estimates) of
total actual emissions from the air pollution source for the following
air pollutants: Particulate matter (PM), PM10,
PM2.5, sulfur oxides (SOX), nitrogen oxides
(NOX), carbon monoxide (CO), volatile organic compounds
(VOC), lead (Pb) and lead compounds, ammonia (NH3),
fluorides (gaseous and particulate), sulfuric acid mist
(H2SO4), hydrogen sulfide (H2S), total
reduced sulfur (TRS), and reduced sulfur compounds.
(xiv) Estimated efficiency of air pollution control equipment under
present or anticipated operating conditions.
(xv) Global Positioning System (GPS) coordinates taken at the front
entrance of the registered facility.
(xvi) The North American Industry Classification System (NAICS)
code for the registered facility.
(xvii) A copy of the most recent fugitive particulate matter survey
and current fugitive particulate matter plan as required under Sec.
49.126.
(xviii) Any other information specifically requested by the
Regional Administrator.
(4) Procedure for estimating emissions. The initial registration
and annual registration must include an estimate of actual emissions
taking into account equipment, operating conditions, and air pollution
control measures. For an existing air pollution source that operated
during the calendar year preceding the initial registration or annual
registration submittal, the actual emissions are the actual rate of
emissions for the preceding calendar year and must be calculated using
the actual operating hours, production rates, in-place control
equipment, and types of materials processed, stored, or combusted
during the preceding calendar year. For a new air pollution source that
is submitting its initial registration, the actual emissions are the
estimated actual rate of emissions for the current calendar year. The
emission estimates must be based upon actual test data or, in the
absence of such data, upon procedures acceptable to the Regional
Administrator. Any emission estimates submitted to the Regional
Administrator must be verifiable using currently accepted engineering
criteria. The following procedures are generally acceptable for
estimating emissions from air pollution sources:
(i) Source-specific emission tests;
(ii) Mass balance calculations;
(iii) Published, verifiable emission factors that are applicable to
the source;
(iv) Other engineering calculations; or
(v) Other procedures to estimate emissions specifically approved by
the Regional Administrator.
(5) Report of relocation. After initial registration, the owner or
operator of an air pollution source must report any relocation of the
source via the FORS at least 30 days prior to the relocation of the
source within an Indian reservation, or when relocating off of or on to
an Indian reservation. The report must update the information required
in paragraphs (e)(3)(i) through (v) of this section and, except when
relocating to a site off of an Indian reservation, paragraph
(e)(3)(viii) of this section and any other information required by
paragraph (e)(3) of this section if it will change as a result of the
relocation. Submitting a report of relocation does not relieve the
owner or operator from the requirement to obtain a permit to construct
if the relocation of the air pollution source would be a new source or
modification subject to any Federal or Tribal permit to construct rule.
(6) Report of change of ownership. After initial registration, the
owner or operator of an air pollution source must report any change of
ownership via the FORS within 90 days after the change in ownership is
effective. The report must update the information required in
paragraphs (e)(3)(i) through (v) of this section, and any other
information required by paragraph (e)(3) of this section if it would
change as a result of the change of ownership.
(7) Report of closure. Except for regular seasonal closures, after
initial registration, the owner or operator of an air pollution source
must submit a report of closure via the FORS within 90 days after the
cessation of all operations at the air pollution source. The report
must include the information required in paragraph (e)(3)(xiii) of this
section through the date of closure.
(8) Certification of truth, accuracy, and completeness. All
registrations and reports must include a certification signed by the
owner or operator as to the truth, accuracy, and completeness of the
information. This certification must state that, based on information
and belief formed after reasonable inquiry, the statements and
information are true, accurate, and complete.
(f) Requirements for part 71 sources. (1) The owner or operator of
a part 71 source must submit an annual
[[Page 61907]]
registration report that includes the information required by
paragraphs (e)(3)(xiii), (xvii) and (e)(4) of this section. This annual
registration report must be submitted by February 15 of each year. The
first annual registration report for a part 71 source shall be
submitted for calendar year 2006, or for the calendar year that the
source became subject to part 71, whichever is later.
(2) The owner or operator of a part 71 source must also submit
reports of a change in ownership and closure as provided in paragraphs
(e)(6) and (7) of this section.
Sec. 49.139 Rule for non-Title V operating permits.
(a) What is the purpose of this section? This section establishes a
permitting program to provide for the establishment of Federally-
enforceable requirements for air pollution sources within an Indian
reservation.
(b) Who is affected by this section? (1) This section applies to:
(i) The owner or operator of any air pollution source who wishes to
obtain a Federally-enforceable limitation on the source's actual
emissions or potential to emit that cannot be obtained under the Indian
Country Minor NSR Rule (Sec. Sec. 49.151 through 49.173) or the
Federal rule for Prevention of Significant Deterioration (40 CFR
52.21);
(ii) Any air pollution source for which the Regional Administrator
determines that additional Federally-enforceable requirements are
necessary to ensure compliance with the implementation plan;
(iii) Any air pollution source for which the Regional Administrator
determines that additional Federally-enforceable requirements are
necessary to ensure the attainment and maintenance of any national
ambient air quality standard or prevention of significant deterioration
increment; or
(iv) Any air pollution source for which the Regional Administrator
determines that additional Federally-enforceable requirements are
necessary to implement or ensure compliance with any other provisions
of the Clean Air Act.
(2) This section does not apply to the owner or operator of an air
pollution source who wishes to obtain a Federally-enforceable
limitation on the source's potential to emit in order to establish a
synthetic minor source for purposes of the applicable prevention of
significant deterioration, nonattainment major new source review or
Clean Air Act title V permit programs and/or a synthetic minor source
of hazardous air pollutants for purposes of 40 CFR part 63, section 112
of the Clean Air Act or the applicable Clean Air Act title V program.
Applications for a synthetic minor source permit must be submitted
pursuant to Sec. 49.158.
(c) What is the process for obtaining an owner-requested operating
permit?(1) The owner or operator of an air pollution source who wishes
to obtain a Federally-enforceable limitation on the source's actual
emissions or potential to emit under this section must submit an
application in writing to the Regional Administrator requesting such
limitation and include the following information:
(i) Name of the air pollution source and the nature of the
business.
(ii) Street address, email address and telephone number of the air
pollution source.
(iii) Name, mailing address, email address and telephone number of
the owner or operator.
(iv) Name, mailing address, email address and telephone number of
the local individual responsible for compliance with this section.
(v) Name, mailing address, email address and telephone number of
the individual authorized to receive requests for data and information.
(vi) For each air pollutant and for all emission units and air
pollutant-generating activities to be covered by a limitation:
(A) The proposed limitation and a description of its effect on
actual emissions or the potential to emit. Proposed limitations may
include, but are not limited to, emission limitations, production
limits, operational restrictions, fuel or raw material specifications,
and/or requirements for installation, and operation of emission
controls. Proposed limitations must have a reasonably short averaging
period, taking into consideration the operation of the air pollution
source and the methods to be used for demonstrating compliance.
(B) Proposed testing, monitoring, recordkeeping, and reporting
requirements to be used to demonstrate and assure compliance with the
proposed limitation.
(C) A description of the production processes and a related flow
chart.
(D) Identification of emission units and air pollutant-generating
activities.
(E) Type and quantity of fuels and/or raw materials used.
(F) Description and estimated efficiency of air pollution control
equipment under present or anticipated operating conditions.
(G) Estimates of the current actual emissions and current potential
to emit, including all calculations for the estimates.
(H) Estimates of the allowable emissions and/or potential to emit
that would result from compliance with the proposed limitation,
including all calculations for the estimates.
(vii) Any other information specifically requested by the Regional
Administrator.
(2) Estimates of actual emissions must be based upon actual test
data, or in the absence of such data, upon procedures acceptable to the
Regional Administrator. Any emission estimates submitted to the
Regional Administrator must be verifiable using currently accepted
engineering criteria. The following procedures are generally acceptable
for estimating emissions from air pollution sources:
(i) Source-specific emission tests;
(ii) Mass balance calculations;
(iii) Published, verifiable emission factors that are applicable to
the source;
(iv) Other engineering calculations; or
(v) Other procedures to estimate emissions specifically approved by
the Regional Administrator.
(3) All applications for a non-Title V operating permit must
include a certification by the owner or operator as to the truth,
accuracy, and completeness of the information. This certification must
state that, based on information and belief formed after reasonable
inquiry, the statements and information are true, accurate, and
complete.
(4) Within 60 days after receipt of an application, the Regional
Administrator will determine if it contains the information specified
in paragraph (c)(1) of this section and if so, will deem it complete
for the purpose of preparing a draft non-Title V operating permit. If
the Regional Administrator determines that the application is
incomplete, it will be returned to the owner or operator along with a
description of the necessary information that must be submitted for the
application to be deemed complete.
(5) The Regional Administrator will prepare a draft non-Title V
operating permit and a draft technical support document that describes
the proposed limitation and its effect on the actual emissions and/or
potential to emit of the air pollution source or draft decision to deny
the permit.
(6) The Regional Administrator will provide a copy of the draft
non-Title V operating permit and draft technical support document or
the draft decision to deny the permit to the owner or operator of the
air pollution source when the draft permit or the draft decision to
deny the permit is sent out for public comment.
(d) What is the process that the Regional Administrator will follow
to require a non-Title V operating permit?
[[Page 61908]]
(1) Whenever the Regional Administrator determines that additional
Federally-enforceable requirements are necessary to ensure compliance
with the implementation plan, to ensure the attainment and maintenance
of any national ambient air quality standard or prevention of
significant deterioration increment, or to implement or ensure
compliance with any other provisions of the Clean Air Act, the owner or
operator of the air pollution source will be so notified in writing.
(2) The Regional Administrator may require that the owner or
operator provide any information that the Regional Administrator
determines is necessary to establish such requirements in a non-Title V
operating permit under this section.
(3) The Regional Administrator will prepare a draft non-Title V
operating permit and a draft technical support document that describes
the reasons and need for the proposed requirements.
(4) The Regional Administrator will provide a copy of the draft
non-Title V operating permit and draft technical support document to
the owner or operator of the air pollution source when the draft permit
is sent out for public comment.
(e) What permit information will be publicly available? With the
exception of any confidential information as defined in subpart B of 40
CFR part 2, the Regional Administrator must make available for public
inspection the documents listed in paragraphs (c)(1) through (6) or
(d)(1) through (4) of this section. The Regional Administrator must
make such information available for public inspection at the EPA Region
10 Office and in at least one location in the area affected by the
source, such as the Tribal environmental office or a local library.
(f) How will the public be notified and participate? (1) Before
issuing a permit under this section, the Regional Administrator must
prepare a draft permit and provide adequate public notice to ensure
that the affected community and the general public have reasonable
access to the application and draft permit information, as set out in
paragraphs (f)(1)(i) and (ii) of this section. The public notice must
provide an opportunity for public comment and notice of a public
hearing, if any, on the draft permit.
(i) The Regional Administrator must mail a copy of the notice to
the owner or operator of the source, the appropriate Indian governing
body and the Tribal, State and local air pollution authorities having
jurisdiction adjacent to the area of the Indian reservation potentially
affected by the air pollution source.
(ii) Depending on such factors as the nature and size of the
source, local air quality considerations and the characteristics of the
population in the affected area (e.g., subsistence hunting and fishing
or other seasonal cultural practices), the Regional Administrator must
use appropriate means of notification, such as those listed in
paragraphs (f)(1)(ii)(A) through (E) of this section.
(A) The Regional Administrator may mail or email a copy of the
notice to persons on a mailing list developed by the Regional
Administrator consisting of those persons who have requested to be
placed on such a mailing list.
(B) The Regional Administrator may post the notice on the Region 10
website.
(C) The Regional Administrator may publish the notice in a
newspaper of general circulation in the area affected by the source.
Where possible, the notice may also be published in a Tribal newspaper
or newsletter.
(D) The Regional Administrator may provide copies of the notice for
posting at one or more locations in the area affected by the source,
such as post offices, trading posts, libraries, Tribal environmental
offices, community centers or other gathering places in the community.
(E) The Regional Administrator may employ other means of
notification as appropriate.
(2) The notice required pursuant to paragraph (f)(1) of this
section must include the following information at a minimum:
(i) Identifying information, including owner or operator's name and
address (and plant name and address if different) and the name and
telephone number of the plant manager/contact.
(ii) The name and address of EPA Region 10 and any delegated agency
processing the permit action.
(iii) The purpose for which the permit is being issued, the
regulated pollutants covered by the permit, and a description of any
proposed limitations on the source.
(iv) Instructions for requesting a public hearing.
(v) The name, address, email address and telephone number of a
contact person in EPA Region 10 from whom additional information may be
obtained.
(vi) Locations and times of availability of the information (listed
in paragraph (e) of this section) for public inspection.
(vii) A statement that any person may submit written comments, a
written request for a public hearing or both, on the draft permit
action. The Regional Administrator must provide a period of at least 30
days from the date of the public notice for comments and for requests
for a public hearing.
(g) How will the public comment and will there be a public hearing?
(1) Any person may submit written comments on the draft permit and may
request a public hearing. These comments must raise any reasonably
ascertainable issue with supporting arguments by the close of the
public comment period (including any public hearing). The Regional
Administrator must consider all comments in making the final decision.
The Regional Administrator must keep a record of the commenters and of
the issues raised during the public participation process and such
records must be available to the public.
(2) The Regional Administrator must extend the public comment
period under paragraph (f) of this section to the close of any public
hearing under this section. The hearing officer may also extend the
comment period by so stating at the hearing.
(3) A request for a public hearing must be in writing and must
state the nature of the issues proposed to be raised at the hearing.
(4) The Regional Administrator must hold a hearing whenever there
is, on the basis of requests, a significant degree of public interest
in a draft permit. The Regional Administrator may also hold a public
hearing at its discretion, whenever, for instance, such a hearing might
clarify one or more issues involved in the permit decision. The
Regional Administrator must provide notice of any public hearing at
least 30 days prior to the date of the hearing. Public notice of the
hearing may be concurrent with that of the draft permit and the two
notices may be combined. Reasonable limits may be set upon the time
allowed for oral statements at the hearing.
(5) The Regional Administrator must make a recording or written
transcript of any hearing available to the public.
(h) Can a permit be reopened? The Regional Administrator may reopen
an existing, currently-in-effect permit for cause on its own
initiative, such as if it contains a material mistake or fails to
assure compliance with applicable requirements. However, except for
those permit reopenings that do not increase the emissions limitations
in the permit, such as permit reopenings that correct typographical,
calculation and other errors, all other permit reopenings shall be
carried out after the opportunity of public notice and comment and in
accordance with one or more of the public participation requirements
under paragraph (f) of this section.
[[Page 61909]]
(i) What is an administrative permit revision? The following
provisions govern administrative permit revisions.
(1) An administrative permit revision is a permit revision that
makes any of the following changes:
(i) Corrects typographical errors.
(ii) Identifies a change in the name, address or phone number of
any person identified in the permit or provides a similar minor
administrative change at the source.
(iii) Requires more frequent monitoring or reporting by the
permittee.
(iv) Allows for a change in ownership or operational control of a
source where the Regional Administrator determines that no other change
in the permit is necessary, provided that a written agreement
containing a specific date for transfer of permit responsibility,
coverage, and liability between the current and new permittee has been
submitted to the Regional Administrator.
(v) Incorporates any other type of change that the Regional
Administrator has determined to be similar to those in paragraphs
(i)(1)(i) through (iv) of this section.
(2) An administrative permit revision is not subject to the permit
application, issuance, public participation or administrative and
judicial review requirements of this section.
(j) Can my existing owner-requested permit limits be revised?
Permits with owner-requested limits on the source's potential to emit
previously issued under the authority of this section may be revised
through an administrative permit revision as provided in paragraph (i)
provided the revision qualifies as an administrative permit revision
under that paragraph. If you propose a modification, as defined in
Sec. 49.152, to your existing source, you must obtain a permit
pursuant to Sec. 49.158 prior to beginning actual construction. For
all permit revisions that do not arise from a proposed modification and
do not qualify as administrative permit revisions, the permit may be
revised consistent with, and subject to, the public participation
procedures of this section. Such procedures shall only affect those
parts of the permit for which revisions are proposed. An application
for a permit revision need only include information on the affected
permit terms and emission units to which those terms apply.
(k) How will final action occur and when will the permit become
effective? (1) After decision on a permit, the Regional Administrator
must notify the permit applicant of the decision, in writing, and if
the permit is denied, of the reasons for such denial and the procedures
for appeal. The final non-Title V operating permit and final technical
support document (including responses to comments) will be sent to the
owner or operator of the air pollution source. In addition, the
Regional Administrator must provide adequate public notice of the final
permit decision to ensure that the affected community, general public
and any individuals who commented on the draft permit have reasonable
access to the decision and supporting materials according to paragraph
(e) of this section and according to one or more of the provisions in
paragraphs (f)(1)(ii)(A) through (E) of this section.
(2) A final permit becomes effective 30 days after service of
notice of the final permit decision unless a different effective date
is specified in the permit.
(l) For how long will the Regional Administrator retain permit-
related records? The records, including any required applications for
each draft and final permit or application for permit revision, must be
kept by the Regional Administrator for not less than 5 years.
(m) What is the administrative record for each final permit? (1)
The Regional Administrator must base final permit decisions on an
administrative record consisting of:
(i) The application and any supporting data furnished by the permit
applicant;
(ii) The draft permit and technical support document or notice of
intent to deny the application;
(iii) Other documents in the supporting files for the draft permit
that were relied upon in the decision making;
(iv) All comments received during the public comment period,
including any extension or reopening;
(v) The recording or transcript of any hearing(s) held;
(vi) Any written material submitted at such a hearing;
(vii) Any new materials placed in the record as a result of the
Regional Administrator's evaluation of public comments;
(viii) The final permit and final technical support document
(including responses to comments); and
(ix) Other documents in the supporting files for the final permit
that were relied upon in the decision-making.
(2) The additional documents required under paragraph (m)(l) of
this section should be added to the record as soon as possible after
their receipt or preparation by the Regional Administrator. The record
must be complete on the date the final permit is issued.
(3) Material readily available or published materials that are
generally available and that are included in the administrative record
under the standards of paragraph (m)(1) of this section need not be
physically included in the same file as the rest of the record as long
as it is specifically referred to in that file.
(n) Final agency action. The final non-Title V operating permit or
denial of such permit is a final agency action for purposes of
administrative appeal and judicial review.
3. Remove the undesignated center heading immediately following
Sec. 49.139 ``Federal Implementation Plan for Oil and Natural Gas
Production Facilities, Fort Berthold Indian Reservation (Mandan,
Hidatsa and Arikara Nations) in EPA Region 8''.
0
4. Add Sec. Sec. 49.140 through 49.143 to read as follows:
Sec.
* * * * *
49.140 Rule for residential wood burning devices.
49.141 Rule for curtailment of residential wood burning devices for
specific areas.
49.142 Rule for small open burning annual permits.
49.143 Permit by rule for small open burns.
* * * * *
Sec. 49.140 Rule for residential wood burning devices.
(a) What is the purpose of this section? This section regulates the
installation of residential wood burning devices and specifies what
fuels may be burned in residential wood burning devices within an
Indian reservation to control emissions of air pollutants to the
atmosphere and ground-level concentrations of PM2.5 and
PM10.
(b) Who is affected by this section? This section applies to any
person who owns or operates a residential wood burning device.
(c) What are the requirements of this section? (1) After the
effective date of the final rule, no new or used residential wood
heater, residential central heater, residential forced-air furnace, or
residential hydronic heater may be installed to provide heat to a
structure unless it has been certified by EPA to meet the applicable PM
emission standards in 40 CFR 60.532 or 40 CFR 60.5474 as in effect on
or after May 15, 2015, and has affixed to it a permanent label pursuant
to 40 CFR 60.536 or 40 CFR 60.5478.
(2) Only the following materials may be burned in a residential
wood burning device:
[[Page 61910]]
(i) Seasoned firewood, which is firewood that has a moisture
content of 20% or less;
(ii) Kiln dried or air dried lumber that has not been treated,
chemically impregnated, painted or coated;
(iii) Products manufactured for the purpose of being used as a fuel
for a residential wood burning device, such as wood pellets and biomass
fire logs intended for burning in a wood stove or fireplace; and
(iv) Manufactured fire starters and paper sufficient to start a
fire.
Sec. 49.141 Rule for curtailment of residential wood burning devices
for specific areas.
(a) What is the purpose of this section? This section provides for
Stage 1 and Stage 2 bans on the use of residential wood burning devices
during periods of elevated PM2.5 and PM10
concentrations within specific geographical areas to control emissions
of air pollutants to the atmosphere and ground-level concentrations of
PM2.5 and PM10.
(b) Who is affected by this section? This section applies to any
person who owns or operates a residential wood burning device in
specific geographical areas.
(c) When and where does this section apply? This section applies
beginning October 1, of the second calendar year following the
promulgation of this section into the implementation plan for an Indian
reservation in subpart M of this part.
(d) What are the requirements of this section? (1) Except for
residences that qualify for an exemption under paragraph (d)(3) of this
section, the use of residential wood burning devices that have not been
certified by EPA under subpart AAA or QQQQ to 40 CFR part 60 are
prohibited whenever the Regional Administrator declares a Stage 1 ban.
A Stage 1 ban may be declared for a specified geographic area whenever
the Regional Administrator determines that air quality levels have
exceeded, or are projected to exceed within the next 72 hours, 75% of
any 24-hour national ambient air quality standard for particulate
matter, that these levels are projected to continue or reoccur over at
least the subsequent 24 hours, and that reductions in emissions from
uncertified residential wood burning devices would reduce particulate
matter concentrations.
(2) Except for residences that qualify for an exemption under
paragraph (d)(3) of this section, the use of all residential wood
burning devices (whether certified or uncertified) are prohibited
whenever the Regional Administrator declares a Stage 2 ban. A Stage 2
ban may be declared for a specified geographic area whenever the
Regional Administrator determines that air quality levels have
exceeded, or are projected to exceed within the next 72 hours, any 24-
hour national ambient air quality standard for particulate matter, that
these levels are projected to continue or reoccur over at least the
subsequent 24 hours, and that reductions in emissions from residential
wood burning devices would reduce particulate matter concentrations.
(3) The requirements of paragraphs (d)(1) and (2) of this section
do not apply to:
(i) Residences where residential wood burning devices are the sole
source of heat. Sole source of heat means that the residential wood
burning device is the only available source of heat for the residence,
excluding portable space heaters; or
(ii) Residences where the household income is less than or equal to
1.5 times the Federal poverty guidelines as defined by the U.S.
Department of Health and Human Services.
(4) Any person whose residence qualifies for, and is relying on, an
exemption under paragraph (d)(3) of this section must complete an
exemption form provided by the Regional Administrator and certify as to
its truth and accuracy. Such form must be completed, signed and
available at the qualifying residence before using the wood burning
device during a Stage 1 or Stage 2 burn ban and must be made available
for review upon request by the Regional Administrator or authorized
representative.
(5) A signed form under paragraph (d)(4) of this section is valid
for five years from the date of signature or until the residence no
longer qualifies for an exemption under paragraph (d)(3) of this
section, whichever occurs first.
Sec. 49.142 Rule for small open burning annual permits.
(a) What is the purpose of this section? This section establishes a
permitting program for small open burns within an Indian reservation to
control emissions of air pollutants to the atmosphere and ground-level
concentrations of PM2.5 and PM10.
(b) Who is affected by this section? This section applies to the
owner and lessee, if any, of the property on which a small open burn is
conducted and to any person who conducts a small open burn.
(c) What is exempted from this section? The following open burns
are exempted from this section:
(1) Outdoor fires set for cultural or traditional purposes;
(2) Fires set for cultural or traditional purposes within
structures such as smoke houses, sweat houses, or sweat lodges;
(3) Outdoor cooking fires;
(4) Fires set for recreational purposes;
(5) Fires set as part of a firefighting strategy (e.g., back burn,
fire break, or safety perimeter burn), if approved by the appropriate
fire safety jurisdiction and only under an emergency or incident
command situation;
(6) Fires set for the disposal of diseased animals or other
material by order of a public health authority;
(7) Open outdoor fires used by qualified personnel to train
firefighters in the methods of fire suppression and firefighting
techniques conducted pursuant to Sec. 49.131(e)(4);
(8) Open outdoor fires conducted by Tribal governments to dispose
of fireworks and associated packaging materials pursuant to Sec.
49.131(e)(5);
(9) Agricultural burning; and
(10) Forestry and silvicultural burning.
(d) What are the requirements for small open burns under this
section? (1) The owner or lessee of a property must apply for and
obtain an annual permit to conduct small open burns on that property.
(2) The date after which a permit is required under this section in
order to conduct small open burns is identified in the implementation
plan in subpart M of this part for the specific Indian reservation
where this section applies.
(3) A person subject to this section must ensure that the person
conducting the small open burns is familiar with the requirements of
the permit, ensure that the permit is available on the property during
the small open burns, conduct the small open burns in accordance with
the terms and conditions of the permit, and comply with this section
and Sec. 49.131 or the EPA-approved Tribal open burning rule as
specified in the applicable implementation plan for the reservation in
subpart M of this part, as applicable.
(4) The person conducting the small open burn must check, as
specified in the permit, whether burning is allowed for the area on
that day and conduct and complete the burn during the hours that
burning is allowed on that day.
(5) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments, or other governmental entities.
(e) How will a person know if burning is allowed on a day? (1) The
Regional Administrator shall identify each day as a ``burn day'' or a
``no burn day'' and
[[Page 61911]]
for a burn day, specify the hours and geographic area for which burning
is allowed. When deciding whether to call a burn day, the Regional
Administrator will take into consideration relevant factors including,
but not limited to, the current and projected air quality conditions,
the forecasted meteorological conditions, and other scheduled burning
activities in the surrounding area. Where the Regional Administrator
determines that open burning can be conducted without causing or
contributing to an exceedance of a national ambient air quality
standard or, when relevant, without causing any other adverse impact on
air quality, a burn day may be called.
(2) The Regional Administrator will publicize whether a day is a
``burn day'' or a ``no burn day'' in a pre-recorded phone message, on a
website, or through other appropriate means as identified in the small
open burning permit.
(f) Are there additional requirements that must be met? (1) The
owner or lessee of a property who wishes to conduct small open burns on
that property must submit an application to the Regional Administrator
for small open burning that the applicant expects to conduct during the
calendar year. An application must be submitted in writing, on forms
provided by the Regional Administrator, and be received by the Regional
Administrator at least 1 business day prior to conducting the first
small open burn on the property during a calendar year. The forms will
require, at a minimum, the following information:
(i) Street address of the property on which the proposed open
burning will be conducted, or if there is no street address of the
property, the legal description of the property.
(ii) Name, mailing address, email address, and telephone number of
the owner and lessee, if any, of the property on which the proposed
open burning will be conducted.
(iii) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water.
(iv) Any other information specifically requested by the Regional
Administrator.
(2) If the proposed open burning is consistent with this section
and Sec. 49.131 or the applicable EPA-approved Tribal open burning
rule as specified in the applicable implementation plan for the
reservation in subpart M of this part, the Regional Administrator may
issue a small open burning permit. The permit will authorize burning
consistent with this section and will include any conditions that the
Regional Administrator determines are necessary to ensure compliance
with this section, Sec. 49.131, or the applicable EPA-approved Tribal
open burning rule, and to protect the public health and welfare,
including any monitoring, recordkeeping and reporting requirements.
(3) A permit issued under this section expires at the end of the
calendar year in which it was issued unless it is revoked prior to that
time by the Regional Administrator. The Regional Administrator may
revoke a permit issued under this section, after written notice to the
holder of the permit, upon finding that the permit must be revoked or
revised to ensure compliance with this section, Sec. 49.131 or the
applicable EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part, or to protect the public health and welfare.
(4) If the owner or lessee of a property changes, a new permit is
required in order to conduct small open burns on that property.
Sec. 49.143 Permit by rule for small open burns.
(a) What is the purpose of this section? This section establishes a
permit by rule for small open burns within an Indian reservation to
control emissions of air pollutants to the atmosphere and ground-level
concentrations of PM2.5 and PM10.
(b) Who is affected by this section? This section applies to the
owner and lessee, if any, of the property on which a small open burn is
conducted and to any person who conducts a small open burn.
(c) What is exempted from this section? The following open burns
are exempted from this section:
(1) Outdoor fires set for cultural or traditional purposes;
(2) Fires set for cultural or traditional purposes within
structures such as smoke houses, sweat houses, or sweat lodges;
(3) Outdoor cooking fires;
(4) Fires set for recreational purposes;
(5) Fires set as part of a firefighting strategy (e.g., back burn,
fire break, or safety perimeter burn), if approved by the appropriate
fire safety jurisdiction and only under an emergency or incident
command situation;
(6) Fires set for the disposal of diseased animals or other
material by order of a public health authority;
(7) Open outdoor fires used by qualified personnel to train
firefighters in the methods of fire suppression and firefighting
techniques conducted pursuant to Sec. 49.131(e)(4);
(8) Open outdoor fires conducted by Tribal governments to dispose
of fireworks and associated packaging materials pursuant to Sec.
49.131(e)(5);
(9) Agricultural burning; and
(10) Forestry and silvicultural burning.
(d) What are the requirements for small open burns under this
section? (1) The owner or lessee of a property must apply for and
obtain approval of coverage under this section to conduct small open
burns on that property.
(2) The date after which approval of coverage is required under
this section in order to conduct small open burns is identified in the
implementation plan in subpart M of this part for the specific Indian
reservation where this section applies.
(3) A person subject to this section must ensure that the person
conducting the small open burns is familiar with the requirements of
the approval of coverage, ensure that the approval of coverage is
available on the property during the small open burns and conduct the
small open burns in accordance with this section and Sec. 49.131 or
the EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part, as applicable.
(4) The person conducting the small open burn must check, as
specified in the approval of coverage, whether burning is allowed for
the area on that day and conduct and complete the burn during the hours
that burning is allowed on that day.
(5) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments, or other governmental entities.
(e) How will a person know if burning is allowed on a day? (1) The
Regional Administrator shall identify each day as a ``burn day'' or a
``no burn day'' and for a burn day, specify the hours and geographic
area for which burning is allowed. When deciding whether to call a burn
day, the Regional Administrator will take into consideration relevant
factors including, but not limited to, the current and projected air
quality conditions, the forecasted meteorological conditions, and other
scheduled burning activities in the surrounding area. Where the
Regional Administrator determines that open burning can be conducted
without causing or contributing to an exceedance of a national ambient
air quality standard or, when relevant, without causing any other
adverse
[[Page 61912]]
impact on air quality, a burn day may be called.
(2) The Regional Administrator will publicize whether a day is a
``burn day'' or a ``no burn day'' in a pre-recorded phone message, on a
website, or through other appropriate means as identified in the
approval of coverage.
(f) Are there additional requirements that must be met? (1) The
owner or lessee of a property who wishes to conduct small open burns on
that property must submit an application to the Regional Administrator
for approval of coverage under this section. An application must be
submitted in writing, on forms provided by the Regional Administrator,
and be received by the Regional Administrator at least 1 business day
prior to conducting the first small open burn on the property. The
forms will require, at a minimum, the following information:
(i) Street address of the property on which the proposed open
burning will be conducted, or if there is no street address of the
property, the legal description of the property.
(ii) Name, mailing address, email address, and telephone number of
the owner and lessee, if any, of the property on which the proposed
open burning will be conducted.
(iii) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water.
(iv) Any other information specifically requested by the Regional
Administrator.
(2) Approval of coverage under this section is effective the day
after receipt by the Regional Administrator of an application for
coverage unless the Regional Administrator disapproves the application
for coverage. The Regional Administrator may disapprove the application
for coverage, in writing, if the proposed open burning is found to be
inconsistent with this section, Sec. 49.131, or the applicable EPA-
approved Tribal open burning rule as specified in the applicable
implementation plan for the reservation in subpart M of this part.
(3) Approval of coverage under this section remains valid for the
property for as long as it remains under the control of the owner and
lessee who are identified on the application for the approval of
coverage, unless the approval is revoked by the Regional Administrator.
The Regional Administrator may revoke the approval of coverage under
this section, after written notice to the applicant, upon finding that
the approval must be revoked to ensure compliance with this section,
Sec. 49.131, or the applicable EPA-approved Tribal open burning rule
as specified in the applicable implementation plan for the reservation
in subpart M of this part, or to protect the public health and welfare.
(4) If the owner or lessee of a property changes, a new application
for approval of coverage is required in order to conduct small open
burns on that property.
Subpart M--Implementation Plans for Tribes--Region X
0
5. Revise Sec. Sec. 49.9861 through 49.10710 to read as follows:
Sec.
Implementation Plan for the Burns Paiute Tribe, Oregon
49.9861 Identification of plan.
49.9862 Approval status.
49.9863 [Reserved]
49.9864 [Reserved]
49.9865 Classification of regions for episode plans.
49.9866 Contents of implementation plan.
49.9867 [Reserved]
49.9868 Permits to construct.
49.9869 Permits to operate.
49.9870 Federally-promulgated regulations and Federal implementation
plans.
49.9871-49.9890 [Reserved]
Implementation Plan for the Confederated Tribes of the Chehalis
Reservation, Washington
49.9891 Identification of plan.
49.9892 Approval status.
49.9893 [Reserved]
49.9894 [Reserved]
49.9895 Classification of regions for episode plans.
49.9896 Contents of implementation plan.
49.9897 [Reserved]
49.9898 Permits to construct.
49.9899 Permits to operate.
49.9900 Federally-promulgated regulations and Federal implementation
plans.
49.9901-49.9920 [Reserved]
Implementation Plan for the Coeur D'alene Tribe, Idaho
49.9921 Identification of plan.
49.9922 Approval status.
49.9923 [Reserved]
49.9924 [Reserved]
49.9925 Classification of regions for episode plans.
49.9926 Contents of implementation plan.
49.9927 [Reserved]
49.9928 Permits to construct.
49.9929 Permits to operate.
49.9930 Federally-promulgated regulations and Federal implementation
plans.
49.9931-49.9950 [Reserved]
Implementation Plan for the Confederated Tribes of the Colville
Reservation, Washington
49.9951 Identification of plan.
49.9952 Approval status.
49.9953 [Reserved]
49.9954 [Reserved]
49.9955 Classification of regions for episode plans.
49.9956 Contents of implementation plan.
49.9957 [Reserved]
49.9958 Permits to construct.
49.9959 Permits to operate.
49.9960 Federally-promulgated regulations and Federal implementation
plans.
49.9961-49.9980 [Reserved]
Implementation Plan for the Confederated Tribes of the Coos, Lower
Umpqua and Siuslaw Indians, Oregon
49.9981 Identification of plan.
49.9982 Approval status.
49.9983 [Reserved]
49.9984 [Reserved]
49.9985 Classification of regions for episode plans.
49.9986 Contents of implementation plan.
49.9987 [Reserved]
49.9988 Permits to construct.
49.9989 Permits to operate.
49.9990 Federally-promulgated regulations and Federal implementation
plans.
49.9991-49.10010 [Reserved]
Implementation Plan for the Coquille Indian Tribe, Oregon
49.10011 Identification of plan.
49.10012 Approval status.
49.10013 [Reserved]
49.10014 [Reserved]
49.10015 Classification of regions for episode plans.
49.10016 Contents of implementation plan.
49.10017 [Reserved]
49.10018 Permits to construct.
49.10019 Permits to operate.
49.10020 Federally-promulgated regulations and Federal
implementation plans.
49.10021-49.10040 [Reserved]
Implementation Plan for the Cow Creek Band of Umpqua Tribe of Indians,
Oregon
49.10041 Identification of plan.
49.10042 Approval status.
49.10043 [Reserved]
49.10044 [Reserved]
49.10045 Classification of regions for episode plans.
49.10046 Contents of implementation plan.
49.10047 [Reserved]
49.10048 Permits to construct.
49.10049 Permits to operate.
49.10050 Federally-promulgated regulations and Federal
implementation plans.
49.10051-49.10070 [Reserved]
Implementation Plan for the Cowlitz Indian Tribe, Washington
49.10071 Identification of plan.
49.10072 Approval status.
49.10073 [Reserved]
49.10074 [Reserved]
49.10075 Classification of regions for episode plans.
49.10076 Contents of implementation plan.
49.10077 [Reserved]
49.10078 Permits to construct.
49.10079 Permits to operate.
49.10080 Federally-promulgated regulations and Federal
implementation plans.
49.10081-49.10100 [Reserved]
[[Page 61913]]
Implementation Plan for the Confederated Tribes of the Grand Ronde
Community of Oregon
49.10101 Identification of plan.
49.10102 Approval status.
49.10103 [Reserved]
49.10104 [Reserved]
49.10105 Classification of regions for episode plans.
49.10106 Contents of implementation plan.
49.10107 [Reserved]
49.10108 Permits to construct.
49.10109 Permits to operate.
49.10110 Federally-promulgated regulations and Federal
implementation plans.
49.10111-49.10130 [Reserved]
Implementation Plan for the Hoh Indian Tribe, Washington
49.10131 Identification of plan.
49.10132 Approval status.
49.10133 [Reserved]
49.10134 [Reserved]
49.10135 Classification of regions for episode plans.
49.10136 Contents of implementation plan.
49.10137 [Reserved]
49.10138 Permits to construct.
49.10139 Permits to operate.
49.10140 Federally-promulgated regulations and Federal
implementation plans.
49.10141-49.10160 [Reserved]
Implementation Plan for the Jamestown S'klallam Tribe, Washington
49.10161 Identification of plan.
49.10162 Approval status.
49.10163 [Reserved]
49.10164 [Reserved]
49.10165 Classification of regions for episode plans.
49.10166 Contents of implementation plan.
49.10167 [Reserved]
49.10168 Permits to construct.
49.10169 Permits to operate.
49.10170 Federally-promulgated regulations and Federal
implementation plans.
49.10171-49.10190 [Reserved]
Implementation Plan for the Kalispel Indian Community of the Kalispel
Reservation, Washington
49.10191 Identification of plan.
49.10192 Approval status.
49.10193 [Reserved]
49.10194 [Reserved]
49.10195 Classification of regions for episode plans.
49.10196 Contents of implementation plan.
49.10197 [Reserved]
49.10198 Permits to construct.
49.10199 Permits to operate.
49.10200 Federally-promulgated regulations and Federal
implementation plans.
49.10201-49.10220 [Reserved]
Implementation Plan for the Klamath Tribes, Oregon
49.10221 Identification of plan.
49.10222 Approval status.
49.10223 [Reserved]
49.10224 [Reserved]
49.10225 Classification of regions for episode plans.
49.10226 Contents of implementation plan.
49.10227 [Reserved]
49.10228 Permits to construct.
49.10229 Permits to operate.
49.10230 Federally-promulgated regulations and Federal
implementation plans.
Sec. 49.10231-49.10250 [Reserved]
Implementation Plan for the Kootenai Tribe of Idaho
49.10251 Identification of plan.
49.10252 Approval status.
49.10253 [Reserved]
49.10254 [Reserved]
49.10255 Classification of regions for episode plans.
49.10256 Contents of implementation plan.
49.10257 [Reserved]
49.10258 Permits to construct.
49.10259 Permits to operate.
49.10260 Federally-promulgated regulations and Federal
implementation plans.
49.103261-49.10280 [Reserved]
Implementation Plan for the Lower Elwha Tribal Community, Washington
49.10281 Identification of plan.
49.10282 Approval status.
49.10283 [Reserved]
49.10284 [Reserved]
49.10285 Classification of regions for episode plans.
49.10286 Contents of implementation plan.
49.10287 [Reserved]
49.10288 Permits to construct.
49.10289 Permits to operate.
49.10290 Federally-promulgated regulations and Federal
implementation plans.
49.10291-49.10310 [Reserved]
Implementation Plan for the Lummi Tribe of the Lummi Reservation,
Washington
49.10311 Identification of plan.
49.10312 Approval status.
49.10313 [Reserved]
49.10314 [Reserved]
49.10315 Classification of regions for episode plans.
49.10316 Contents of implementation plan.
49.10317 [Reserved]
49.10318 Permits to construct.
49.10319 Permits to operate.
49.10320 Federally-promulgated regulations and Federal
implementation plans.
49.10321-49.10340 [Reserved]
Implementation Plan for the Makah Indian Tribe of the Makah Indian
Reservation, Washington
49.10341 Identification of plan.
49.10342 Approval status.
49.10343 [Reserved]
49.10344 [Reserved]
49.10345 Classification of regions for episode plans.
49.10346 Contents of implementation plan.
49.10347 [Reserved]
49.10348 Permits to construct.
49.10349 Permits to operate.
49.10350 Federally-promulgated regulations and Federal
implementation plans.
49.10351-49.10370 [Reserved]
Implementation Plan for the Muckleshoot Indian Tribe, Washington
49.10371 Identification of plan.
49.10372 Approval status.
49.10373 [Reserved]
49.10374 [Reserved]
49.10375 Classification of regions for episode plans.
49.10376 Contents of implementation plan.
49.10377 [Reserved]
49.10378 Permits to construct.
49.10379 Permits to operate.
49.10380 Federally-promulgated regulations and Federal
implementation plans.
49.10381-49.10400 [Reserved]
Implementation Plan for the Nez Perce Tribe, Idaho
49.10401 Identification of plan.
49.10402 Approval status.
49.10403 [Reserved]
49.10404 [Reserved]
49.10405 Classification of regions for episode plans.
49.10406 Contents of implementation plan.
49.10407 [Reserved]
49.10408 Permits to construct.
49.10409 Permits to operate.
49.10410 Federally-promulgated regulations and Federal
implementation plans.
49.10411 Permits for large open burning, agricultural burning,
forestry and silvicultural burning, and permit by rule for small
open burning.
49.10412-49.10430 [Reserved]
Implementation Plan for the Nisqually Indian Tribe, Washington
49.10431 Identification of plan.
49.10432 Approval status.
49.10433 [Reserved]
49.10434 [Reserved]
49.10435 Classification of regions for episode plans.
49.10436 Contents of implementation plan.
49.10437 [Reserved]
49.10438 Permits to construct.
49.10439 Permits to operate.
49.10440 Federally-promulgated regulations and Federal
implementation plans.
49.10441-49.10460 [Reserved]
Implementation Plan for the Nooksack Indian Tribe, Washington
49.10461 Identification of plan.
49.10463 [Reserved]
49.10464 [Reserved]
49.10465 Classification of regions for episode plans.
49.10466 Contents of implementation plan.
49.10467 [Reserved]
49.10468 Permits to construct.
49.10469 Permits to operate.
49.10470 Federally-promulgated regulations and Federal
implementation plans.
49.10471-49.10490 [Reserved]
[[Page 61914]]
Implementation Plan for the Port Gamble S'klallam Tribe, Washington
49.10491 Identification of plan.
49.10492 Approval status.
49.10493 [Reserved]
49.10494 [Reserved]
49.10495 Classification of regions for episode plans.
49.10496 Contents of implementation plan.
49.10497 [Reserved]
49.10498 Permits to construct.
49.10499 Permits to operate.
49.10500 Federally-promulgated regulations and Federal
implementation plans.
49.10501-49.10520 [Reserved]
Implementation Plan for the Puyallup Tribe of the Puyallup Reservation,
Washington
49.10521 Identification of plan.
49.10522 Approval status.
49.10523 [Reserved]
49.10524 [Reserved]
49.10525 Classification of regions for episode plans.
49.10526 Contents of implementation plan.
49.10527 [Reserved]
49.10528 Permits to construct.
49.10529 Permits to operate.
49.10530 Federally-promulgated regulations and Federal
implementation plans.
49.10531-49.10550 [Reserved]
Implementation Plan for the Quileute Tribe of the Quileute Reservation,
Washington
49.10551 Identification of plan.
49.10552 Approval status.
49.10553 [Reserved]
49.10554 [Reserved]
49.10555 Classification of regions for episode plans.
49.10556 Contents of implementation plan.
49.10557 [Reserved]
49.10558 Permits to construct.
49.10559 Permits to operate.
49.10560 Federally-promulgated regulations and Federal
implementation plans.
49.10561-49.10580 [Reserved]
Implementation Plan for the Quinault Indian Nation, Washington
49.10581 Identification of plan.
49.10582 Approval status.
49.10583 [Reserved]
49.10584 [Reserved]
49.10585 Classification of regions for episode plans.
49.10586 Contents of implementation plan.
49.10587 [Reserved]
49.10588 Permits to construct.
49.10589 Permits to operate.
49.10590 Federally-promulgated regulations and Federal
implementation plans.
49.10591-49.10610 [Reserved]
Implementation Plan for the Samish Indian Nation, Washington
49.10611 Identification of plan.
49.10612 Approval status.
49.10613 [Reserved]
49.10614 [Reserved]
49.10615 Classification of regions for episode plans.
49.10616 Contents of implementation plan.
49.10617 [Reserved]
49.10618 Permits to construct.
49.10619 Permits to operate.
49.10620 Federally-promulgated regulations and Federal
implementation plans.
49.10621-49.10640 [Reserved]
Implementation Plan for the Sauk-Suiattle Indian Tribe, Washington
49.10641 Identification of plan.
49.10642 Approval status.
49.10643 [Reserved]
49.10644 [Reserved]
49.10645 Classification of regions for episode plans.
49.10646 Contents of implementation plan.
49.10647 [Reserved]
49.10648 Permits to construct.
49.10649 Permits to operate.
49.10650 Federally-promulgated regulations and Federal
implementation plans.
49.10651-49.10670 [Reserved]
Implementation Plan for the Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation, Washington
49.10671 Identification of plan.
49.10672 Approval status.
49.10673 [Reserved]
49.10674 [Reserved]
49.10675 Classification of regions for episode plans.
49.10676 Contents of implementation plan.
49.10677 [Reserved]
49.10678 Permits to construct.
49.10679 Permits to operate.
49.10680 Federally-promulgated regulations and Federal
implementation plans.
49.10681-49.10700 [Reserved]
Implementation Plan for the Shoshone-Bannock Tribes of the Fort Hall
Reservation, Idaho
49.10701 Identification of plan.
49.10702 Approval status.
49.10703 [Reserved]
49.10704 [Reserved]
49.10705 Classification of regions for episode plans.
49.10706 Contents of implementation plan.
49.10707 [Reserved]
49.10708 Permits to construct.
49.10709 Permits to operate.
49.10710 Federally-promulgated regulations and Federal
implementation plans.
* * * * *
Implementation Plan for the Burns Paiute Tribe, Oregon
Sec. 49.9861 Identification of plan.
This section and Sec. Sec. 49.9862 through 49.9890 contain the
implementation plan for the Burns Paiute Tribe. This plan consists of
Federal regulations and measures which apply within the Burns Paiute
Reservation.
Sec. 49.9862 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Burns Paiute Reservation.
Sec. 49.9863 [Reserved]
Sec. 49.9864 [Reserved]
Sec. 49.9865 Classification of regions for episode plans.
The air quality control region which encompasses the Burns Paiute
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.9866 Contents of implementation plan.
The implementation plan for the Burns Paiute Reservation consists
of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.9867 [Reserved]
Sec. 49.9868 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.9869 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
[[Page 61915]]
Sec. 49.9870 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Burns Paiute Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.9871-49.9890 [Reserved]
Implementation Plan for the Confederated Tribes of the Chehalis
Reservation, Washington
Sec. 49.9891 Identification of plan.
This section and Sec. Sec. 49.9892 through 49.9920 contain the
implementation plan for the Confederated Tribes of the Chehalis
Reservation. This plan consists of Federal regulations and measures
which apply within the Chehalis Reservation.
Sec. 49.9892 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Chehalis Reservation.
Sec. 49.9893 [Reserved]
Sec. 49.9894 [Reserved]
Sec. 49.9895 Classification of regions for episode plans.
The air quality control region which encompasses the Chehalis
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.9896 Contents of implementation plan.
The implementation plan for the Chehalis Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.9897 [Reserved]
Sec. 49.9898 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.9899 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.9900 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Chehalis Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.9901-49.9920 [Reserved]
Implementation Plan for the Coeur D'alene Tribe, Idaho
Sec. 49.9921 Identification of plan.
This section and Sec. Sec. 49.9922 through 49.9950 contain the
implementation plan for the Coeur D'Alene Tribe. This plan consists of
Federal regulations and measures which apply within the Coeur D'Alene
Reservation.
Sec. 49.9922 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Coeur D'Alene Reservation.
Sec. 49.9923 [Reserved]
Sec. 49.9924 [Reserved]
Sec. 49.9925 Classification of regions for episode plans.
The air quality control region which encompasses the Coeur D'Alene
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... I
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.9926 Contents of implementation plan.
The implementation plan for the Coeur D'Alene Reservation consists
of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
(f) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(g) Section 49.130 Rule for limiting sulfur in fuels.
(h) Section 49.131 General rule for open burning.
(i) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(j) Section 49.137 Rule for air pollution episodes.
(k) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
[[Page 61916]]
(l) Section 49.139 Rule for non-Title V operating permits.
(m) Section 49.140 Rule for residential wood burning devices.
Sec. 49.9927 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.9928 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.9929 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.9930 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Coeur D'Alene Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
(f) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(g) Section 49.130 Rule for limiting sulfur in fuels.
(h) Section 49.131 General rule for open burning.
(i) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(j) Section 49.137 Rule for air pollution episodes.
(k) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(l) Section 49.139 Rule for non-Title V operating permits.
(m) Section 49.140 Rule for residential wood burning devices.
Note 1 to Sec. 49.9930: EPA entered into a Partial Delegation
of Administrative Authority Agreement with the Coeur D'Alene Tribe
on August 26, 2008 for the rules listed in paragraphs (b), (h), and
(j) of this section.
Sec. Sec. 49.9931-49.9950 [Reserved]
Implementation Plan for the Confederated Tribes of the Colville
Reservation, Washington
Sec. 49.9951 Identification of plan.
This section and Sec. Sec. 49.9952 through 49.9980 contain the
implementation plan for the Confederated Tribes of the Colville
Reservation. This plan consists of Federal regulations and measures
which apply within the Colville Reservation.
Sec. 49.9952 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Colville Reservation.
Sec. 49.9953 [Reserved]
Sec. 49.9954 [Reserved]
Sec. 49.9955 Classification of regions for episode plans.
The air quality control region which encompasses the Colville
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.9956 Contents of implementation plan.
The implementation plan for the Colville Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.127 Rule for woodwaste burners.
(f) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
(g) Section 49.129 Rule for limiting emissions of sulfur dioxides.
(h) Section 49.130 Rule for limiting sulfur in fuels.
(i) Section 49.131 General rule for open burning.
(j) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(k) Section 49.137 Rule for air pollution episodes.
(l) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(m) Section 49.139 Rule for non-Title V operating permits.
(n) Section 49.140 Rule for residential wood burning devices.
(o) Section 49.141 Rule for curtailment of residential wood burning
devices for specific areas.
Sec. 49.9957 [Reserved]
Sec. 49.9958 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.9959 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.9960 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Colville Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.127 Rule for woodwaste burners.
(f) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
(g) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(h) Section 49.130 Rule for limiting sulfur in fuels.
(i) Section 49.131 General rule for open burning.
(j) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(k) Section 49.137 Rule for air pollution episodes.
(l) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(m) Section 49.139 Rule for non-Title V operating permits.
(n) Section 49.140 Rule for residential wood burning devices.
(o) Section 49.141 Rule for curtailment of residential wood burning
devices for specific areas.
Note 1 to Sec. 49.9960: The EPA entered into a Partial
Delegation of Administrative Authority Agreement with the
Confederated Tribes of the Colville Reservation on October 26, 2015,
for the rules listed in paragraphs (b), (i), and (k) of this
section.
Sec. Sec. 49.9961-49.9980 [Reserved]
Implementation Plan for the Confederated Tribes of the Coos, Lower
Umpqua and Siuslaw Indians, Oregon
Sec. 49.9981 Identification of plan.
This section and Sec. Sec. 49.9982 through 49.10010 contain the
implementation plan for the Confederated Tribes of the Coos, Lower
Umpqua and Siuslaw Indians. This plan consists of Federal regulations
and measures which apply within the Coos, Lower Umpqua and Siuslaw
Reservation.
[[Page 61917]]
Sec. 49.9982 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Coos, Lower Umpqua and Siuslaw Reservation.
Sec. 49.9983 [Reserved]
Sec. 49.9984 [Reserved]
Sec. 49.9985 Classification of regions for episode plans.
The air quality control region which encompasses the Coos, Lower
Umpqua and Siuslaw Reservation is classified as follows for purposes of
episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide........................... III
Nitrogen dioxide.......................... III
Ozone..................................... III
Particulate matter (PM10)................. II
Sulfur oxides............................. III
------------------------------------------------------------------------
Sec. 49.9986 Contents of implementation plan.
The implementation plan for the Coos, Lower Umpqua and Siuslaw
Reservation consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.9987 [Reserved]
Sec. 49.9988 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.9989 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.9990 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Coos, Lower Umpqua and Siuslaw Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.9991-49.10010 [Reserved]
Implementation Plan for the Coquille Indian Tribe, Oregon
Sec. 49.10011 Identification of plan.
This section and Sec. Sec. 49.10012 through 49.10040 contain the
implementation plan for the Coquille Indian Tribe. This plan consists
of Federal regulations and measures which apply within the Coquille
Reservation.
Sec. 49.10012 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Coquille Reservation.
Sec. 49.10013 [Reserved]
Sec. 49.10014 [Reserved]
Sec. 49.10015 Classification of regions for episode plans.
The air quality control region which encompasses the Coquille
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.10016 Contents of implementation plan.
The implementation plan for the Coquille Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10017 [Reserved]
Sec. 49.10018 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to 40 CFR 52.21
and Sec. Sec. 49.151 through 49.173, as applicable.
Sec. 49.10019 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10020 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Coquille Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
[[Page 61918]]
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10021-49.10040 [Reserved]
Implementation Plan for the Cow Creek Band of Umpqua Tribe of Indians,
Oregon
Sec. 49.10041 Identification of plan.
This section and Sec. Sec. 49.10042 through 49.10070 contain the
implementation plan for the Cow Creek Band of Umpqua Tribe of Indians.
This plan consists of Federal regulations and measures which apply
within the Cow Creek Umpqua Reservation.
Sec. 49.10042 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Cow Creek Umpqua Reservation.
Sec. 49.10043 [Reserved]
Sec. 49.10044 [Reserved]
Sec. 49.10045 Classification of regions for episode plans.
The air quality control region which encompasses the Cow Creek
Umpqua Reservation is classified as follows for purposes of episode
plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.10046 Contents of implementation plan.
The implementation plan for the Cow Creek Umpqua Reservation
consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10047 [Reserved]
Sec. 49.10048 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10049 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10050 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Cow Creek Umpqua Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10051-49.10070 [Reserved]
Implementation Plan for the Cowlitz Indian Tribe, Washington
Sec. 49.10071 Identification of plan.
This section and Sec. Sec. 49.10072 through 49.10100 contain the
implementation plan for the Cowlitz Indian Tribe. This plan consists of
Federal regulations and measures which apply within the Cowlitz Indian
Reservation.
Sec. 49.10072 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Cowlitz Indian Reservation.
Sec. 49.10073 [Reserved]
Sec. 49.10074 [Reserved]
Sec. 49.10075 Classification of regions for episode plans.
The air quality control region which encompasses the Cowlitz Indian
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... I
Sulfur oxides........................................... IA
------------------------------------------------------------------------
Sec. 49.10076 Contents of implementation plan.
The implementation plan for the Cowlitz Indian Reservation consists
of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10077 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10078 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10079 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10080 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Cowlitz Indian Reservation:
[[Page 61919]]
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10081-49.10100 [Reserved]
Implementation Plan for the Confederated Tribes of the Grand Ronde
Community of Oregon
Sec. 49.10101 Identification of plan.
This section and Sec. Sec. 49.10102 through 49.10130 contain the
implementation plan for the Confederated Tribes of the Grand Ronde
Community. This plan consists of Federal regulations and measures which
apply within the Grand Ronde Reservation.
Sec. 49.10102 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Grand Ronde Reservation.
Sec. 49.10103 [Reserved]
Sec. 49.10104 [Reserved]
Sec. 49.10105 Classification of regions for episode plans.
The air quality control region which encompasses the Grand Ronde
Reservation:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... I
Nitrogen dioxide........................................ III
Ozone................................................... I
Particulate matter (PM10)............................... I
Sulfur oxides........................................... IA
------------------------------------------------------------------------
Sec. 49.10106 Contents of implementation plan.
The implementation plan for the Grand Ronde Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10107 [Reserved]
Sec. 49.10108 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10109 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10110 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Grand Ronde Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10111-49.10130 [Reserved]
Implementation Plan for the Hoh Indian Tribe, Washington
Sec. 49.10131 Identification of plan.
This section and Sec. Sec. 49.10132 through 49.10160 contain the
implementation plan for the Hoh Indian Tribe. This plan consists of
Federal regulations and measures which apply within the Hoh Indian
Reservation.
Sec. 49.10132 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Hoh Indian Reservation.
Sec. 49.10133 [Reserved]
Sec. 49.10134 [Reserved]
Sec. 49.10135 Classification of regions for episode plans.
The air quality control region which encompasses the Hoh Indian
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10136 Contents of implementation plan.
The implementation plan for the Hoh Indian Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
[[Page 61920]]
Sec. 49.10137 [Reserved]
Sec. 49.10138 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10139 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10140 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Hoh Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10141-49.10160 [Reserved]
Implementation Plan for the Jamestown S'klallam Tribe, Washington
Sec. 49.10161 Identification of plan.
This section and Sec. Sec. 49.10162 through 49.10190 contain the
implementation plan for the Jamestown S'Klallam Tribe. This plan
consists of Federal regulations and measures which apply within the
Jamestown S'Klallam Reservation.
Sec. 49.10162 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Jamestown S'Klallam Reservation.
Sec. 49.10163 [Reserved]
Sec. 49.10164 [Reserved]
Sec. 49.10165 Classification of regions for episode plans.
The air quality control region which encompasses the Jamestown
S'Klallam Reservation is classified as follows for purposes of episode
plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10166 Contents of implementation plan.
The implementation plan for the Jamestown S'Klallam Reservation
consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10167 [Reserved]
Sec. 49.10168 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10169 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10170 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Jamestown S'Klallam Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10171-49.10190 [Reserved]
Implementation Plan for the Kalispel Indian Community of the Kalispel
Reservation, Washington
Sec. 49.10191 Identification of plan.
This section and Sec. Sec. 49.1019192 through 49.10220 contain the
implementation plan for the Kalispel Indian Community. This plan
consists of Federal regulations and measures which apply within the
Kalispel Reservation.
Sec. 49.10192 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Kalispel Reservation.
Sec. 49.10193 [Reserved]
Sec. 49.10194 [Reserved]
Sec. 49.10195 Classification of regions for episode plans.
The air quality control region which encompasses the Kalispel
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.10196 Contents of implementation plan.
The implementation plan for the Kalispel Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
[[Page 61921]]
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10197 [Reserved]
Sec. 49.10198 Permits to construct.
(a) Permits to construct are required for new stationary sources
and modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
(b) In accordance with section 164 of the Clean Air Act and the
provisions of 40 CFR 52.21(g), the original Kalispel Reservation, as
established by Executive Order No. 1904, signed by President Woodrow
Wilson on March 23, 1914, is designated as a Class I area for the
purposes of prevention of significant deterioration of air quality.
Sec. 49.10199 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10200 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Kalispel Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10201-49.10220 [Reserved]
Implementation Plan for the Klamath Tribes, Oregon
Sec. 49.10221 Identification of plan.
This section and Sec. Sec. 49.10222 through 49.10250 contain the
implementation plan for the Klamath Tribes. This plan consists of
Federal regulations and measures which apply within the Klamath
Reservation.
Sec. 49.10222 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Klamath Reservation.
Sec. 49.10223 [Reserved]
Sec. 49.10224 [Reserved]
Sec. 49.10225 Classification of regions for episode plans.
The air quality control region which encompasses the Klamath
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.10226 Contents of implementation plan.
The implementation plan for the Klamath Reservation consists of the
following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10227 [Reserved]
Sec. 49.10228 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10229 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10230 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Klamath Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10231-49.10250 [Reserved]
Implementation Plan for the Kootenai Tribe of Idaho
Sec. 49.10251 Identification of plan.
This section and Sec. Sec. 49.10252 through 49.10280 contain the
implementation plan for the Kootenai Tribe of Idaho. This plan consists
of Federal regulations and measures which apply within the Kootenai
Reservation.
Sec. 49.10252 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Kootenai Reservation.
Sec. 49.10253 [Reserved]
Sec. 49.10254 [Reserved]
Sec. 49.10255 Classification of regions for episode plans.
The air quality control region which encompasses the Kootenai
Reservation
[[Page 61922]]
is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... I
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.10256 Contents of implementation plan.
The implementation plan for the Kootenai Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10257 [Reserved]
Sec. 49.10258 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10259 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10260 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Kootenai Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.103261-49.10280 [Reserved]
Implementation Plan for the Lower Elwha Tribal Community, Washington
Sec. 49.10281 Identification of plan.
This section and Sec. Sec. 49.10282 through 49.10310 contain the
implementation plan for the Lower Elwha Tribal Community. This plan
consists of Federal regulations and measures which apply within the
Lower Elwha Reservation.
Sec. 49.10282 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Lower Elwha Reservation.
Sec. 49.10283 [Reserved]
Sec. 49.10284 [Reserved]
Sec. 49.10285 Classification of regions for episode plans.
The air quality control region which encompasses the Lower Elwha
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10286 Contents of implementation plan.
The implementation plan for the Lower Elwha Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10287 [Reserved]
Sec. 49.10288 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10289 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10290 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Lower Elwha Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10291-49.10310 [Reserved]
Implementation Plan for the Lummi Tribe of the Lummi Reservation,
Washington
Sec. 49.10311 Identification of plan.
This section and Sec. Sec. 49.10312 through 49.10340 contain the
implementation plan for the Lummi Tribe of the Lummi Reservation. This
plan consists of Federal regulations and measures which apply within
the Lummi Reservation.
[[Page 61923]]
Sec. 49.10312 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Lummi Reservation.
Sec. 49.10313 [Reserved]
Sec. 49.10314 [Reserved]
Sec. 49.10315 Classification of regions for episode plans.
The air quality control region which encompasses the Lummi
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10316 Contents of implementation plan.
The implementation plan for the Lummi Reservation consists of the
following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10317 [Reserved]
Sec. 49.10318 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10319 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10320 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Lummi Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10321-49.10340 [Reserved]
Implementation Plan for the Makah Indian Tribe of the Makah Indian
Reservation, Washington
Sec. 49.10341 Identification of plan.
This section and Sec. Sec. 49.10342 through 49.10370 contain the
implementation plan for the Makah Indian Tribe. This plan consists of
Federal regulations and measures which apply within the Makah Indian
Reservation.
Sec. 49.10342 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Makah Indian Reservation.
Sec. 49.10343 [Reserved]
Sec. 49.10344 [Reserved]
Sec. 49.10345 Classification of regions for episode plans.
The air quality control region which encompasses the Makah Indian
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10346 Contents of implementation plan.
The implementation plan for the Makah Indian Reservation consists
of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10347 [Reserved]
Sec. 49.10348 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10349 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10350 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Makah Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
[[Page 61924]]
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10351-49.10370 [Reserved]
Implementation Plan for the Muckleshoot Indian Tribe, Washington
Sec. 49.10371 Identification of plan.
This section and Sec. Sec. 49.10372 through 49.10400 contain the
implementation plan for the Muckleshoot Indian Tribe. This plan
consists of Federal regulations and measures which apply within the
Muckleshoot Reservation.
Sec. 49.10372 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Muckleshoot Reservation.
Sec. 49.10373 [Reserved]
Sec. 49.10374 [Reserved]
Sec. 49.10375 Classification of regions for episode plans.
The air quality control region which encompasses the Muckleshoot
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... I
Particulate matter (PM10)............................... I
Sulfur oxides........................................... IA
------------------------------------------------------------------------
Sec. 49.10376 Contents of implementation plan.
The implementation plan for the Muckleshoot Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10377 [Reserved]
Sec. 49.10378 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10379 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10380 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Muckleshoot Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10381-49.10400 [Reserved]
Implementation Plan for the Nez Perce Tribe, Idaho
Sec. 49.10401 Identification of plan.
This section and Sec. Sec. 49.10402 through 49.10430 contain the
implementation plan for the Nez Perce Tribe. This plan consists of
Federal regulations and measures which apply within the Nez Perce
Reservation, as described in the 1863 Nez Perce Treaty.
Sec. 49.10402 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Nez Perce Reservation.
Sec. 49.10403 [Reserved]
Sec. 49.10404 [Reserved]
Sec. 49.10405 Classification of regions for episode plans.
The air quality control region which encompasses the Nez Perce
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... I
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.10406 Contents of implementation plan.
The implementation plan for the Nez Perce Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.127 Rule for woodwaste burners.
(f) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
(g) Section 49.129 Rule for limiting emissions of sulfur dioxides.
(h) Section 49.130 Rule for limiting sulfur in fuels.
(i) Section 49.131 General rule for open burning.
(j) Section 49.132 Rule for large open burning permits.
(k) Section 49.133 Rule for agricultural burning permits.
(l) Section 49.134 Rule for forestry and silvicultural burning
permits.
(m) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(n) Section 49.137 Rule for air pollution episodes.
(o) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(p) Section 49.139 Rule for non-Title V operating permits.
(q) Section 49.140 Rule for residential wood burning devices.
(r) Section 49.141 Rule for curtailment of residential wood burning
devices for specific areas.
(s) Section 49.143 Permit by rule for small open burning.
Sec. 49.10407 [Reserved]
Sec. 49.10408 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10409 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
[[Page 61925]]
Sec. 49.10410 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Nez Perce Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.127 Rule for woodwaste burners.
(f) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
(g) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(h) Section 49.130 Rule for limiting sulfur in fuels.
(i) Section 49.131 General rule for open burning.
(j) Section 49.132 Rule for large open burning permits.
(k) Section 49.133 Rule for agricultural burning permits.
(l) Section 49.134 Rule for forestry and silvicultural burning
permits.
(m) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(n) Section 49.137 Rule for air pollution episodes.
(o) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(p) Section 49.139 Rule for non-Title V operating permits.
(q) Section 49.140 Rule for residential wood burning devices.
(r) Section 49.141 Rule for curtailment of residential wood burning
devices for specific areas.
(s) Section 49.143 Permit by rule for small open burning.
Note 1 to Sec. 49.10410: EPA entered into a Partial Delegation
of Administrative Authority Agreement with the Nez Perce Tribe on
June 27, 2005 for the rules listed in paragraphs (b), (i), (j), (k),
(l), and (n) of this section.
Sec. 49.10411 Permits for large open burning, agricultural burning,
forestry and silvicultural burning, and permit by rule for small open
burning.
(a) From June 7, 2005 through December 31, 2023, small open burns
and large open burns are subject to the permitting requirements of
Sec. 49.132.
(b) Beginning January 1, 2024, large open burns are subject to the
permitting requirements of Sec. 49.132.
(c) Beginning June 7, 2005, agricultural burns are subject to the
permitting requirements of Sec. 49.133.
(d) Beginning June 7, 2005, forestry and silvicultural burns are
subject to the permitting requirements of Sec. 49.134.
(e) Beginning January 1, 2024, small open burns are subject to the
permitting requirements of Sec. 49.143.
Sec. Sec. 49.10412-49.10430 [Reserved]
Implementation Plan for the Nisqually Indian Tribe, Washington
Sec. 49.10431 Identification of plan.
This section and Sec. Sec. 49.10432 through 49.10460 contain the
implementation plan for the Nisqually Indian Tribe. This plan consists
of Federal regulations and measures which apply within the Nisqually
Reservation.
Sec. 49.10432 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Nisqually Reservation.
Sec. 49.10433 [Reserved]
Sec. 49.10434 [Reserved]
Sec. 49.10435 Classification of regions for episode plans.
The air quality control region which encompasses the Nisqually
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10436 Contents of implementation plan.
The implementation plan for the Nisqually Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10437 [Reserved]
Sec. 49.10438 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and40 CFR 52.21, as applicable.
Sec. 49.10439 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10440 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Nisqually Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10441-49.10460 [Reserved]
Implementation Plan for the Nooksack Indian Tribe, Washington
Sec. 49.10461 Identification of plan.
This section and Sec. Sec. 49.10462 through 49.10490 contain the
implementation plan for the Nooksack Indian Tribe. This plan consists
of Federal regulations and measures which apply within the Reservation
of the Nooksack Indian Tribe.
Sec. 49.10462 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Nooksack Indian Tribe.
Sec. 49.10463 [Reserved]
Sec. 49.10464 [Reserved]
Sec. 49.10465 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the
[[Page 61926]]
Nooksack Indian Tribe is classified as follows for purposes of episode
plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10466 Contents of implementation plan.
The implementation plan for the Reservation of the Nooksack Indian
Tribe consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10467 [Reserved]
Sec. 49.10468 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, 40 CFR 52.21, as applicable.
Sec. 49.10469 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10470 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Reservation of the Nooksack Indian Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10471-49.10490 [Reserved]
Implementation Plan for the Port Gamble S'klallam Tribe, Washington
Sec. 49.10491 Identification of plan.
This section and Sec. Sec. 49.10492 through 49.10520 contain the
implementation plan for the Port Gamble S'Klallam Tribe. This plan
consists of Federal regulations and measures which apply within the
Port Gamble S'Klallam Reservation.
Sec. 49.10492 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Port Gamble S'Klallam Reservation.
Sec. 49.10493 [Reserved]
Sec. 49.10494 [Reserved]
Sec. 49.10495 Classification of regions for episode plans.
The air quality control region which encompasses the Port Gamble
S'Klallam Reservation is classified as follows for purposes of episode
plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... I
Particulate matter (PM10)............................... I
Sulfur oxides........................................... IA
------------------------------------------------------------------------
Sec. 49.10496 Contents of implementation plan.
The implementation plan for the Port Gamble S'Klallam Reservation
consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10497 EPA-approved Tribal rules and plans. [Reserved]
Sec. 49.10498 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10499 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10500 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Port Gamble S'Klallam Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10501-49.10520 [Reserved]
Implementation Plan for the Puyallup Tribe of the Puyallup Reservation,
Washington
Sec. 49.10521 Identification of plan.
This section and Sec. Sec. 49.10522 through 49.10550 contain the
implementation
[[Page 61927]]
plan for the Puyallup Tribe of the Puyallup Reservation. This plan
consists of Federal regulations and measures which apply to trust and
restricted lands within the 1873 Survey Area of the Puyallup
Reservation (the Puyallup Reservation), consistent with the Puyallup
Tribe of Indians Land Claims Settlement Act, ratified by Congress in
1989 (25 U.S.C. 1773).
Sec. 49.10522 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the lands in trust that are within the Puyallup
Reservation.
Sec. 49.10523 [Reserved]
Sec. 49.10524 [Reserved]
Sec. 49.10525 Classification of regions for episode plans.
The air quality control region which encompasses the lands in trust
that are within the Puyallup Reservation is classified as follows for
purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... I
Particulate matter (PM10)............................... I
Sulfur oxides........................................... IA
------------------------------------------------------------------------
Sec. 49.10526 Contents of implementation plan.
The implementation plan for the lands in trust that are within the
Puyallup Reservation consists of the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10527 [Reserved]
Sec. 49.10528 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10529 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10530 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the lands in trust that are within the Puyallup
Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10531-49.10550 [Reserved]
Implementation Plan For The Quileute Tribe Of The Quileute Reservation,
Washington
Sec. 49.10551 Identification of plan.
This section and Sec. Sec. 49.10552 through 49.10580 contain the
implementation plan for the Quileute Tribe. This plan consists of
Federal regulations and measures which apply within the Quileute
Reservation.
Sec. 49.10552 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Quileute Reservation.
Sec. 49.10553 [Reserved]
Sec. 49.10554 [Reserved]
Sec. 49.10555 Classification of regions for episode plans.
The air quality control region which encompasses the Quileute
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10556 Contents of implementation plan.
The implementation plan for the Quileute Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10557 [Reserved]
Sec. 49.10558 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10559 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10560 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Quileute Reservation:
(a) Section 49.123 General provisions.
[[Page 61928]]
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10561-49.10580 [Reserved]
Implementation Plan For The Quinault Indian Nation, Washington
Sec. 49.10581 Identification of plan.
This section and Sec. Sec. 49.10582 through 49.10610 contain the
implementation plan for the Quinault Indian Nation. This plan consists
of Federal regulations and measures which apply within the Quinault
Indian Reservation.
Sec. 49.10582 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Quinault Indian Reservation.
Sec. 49.10583 [Reserved]
Sec. 49.10584 [Reserved]
Sec. 49.10585 Classification of regions for episode plans.
The air quality control region which encompasses the Quinault
Indian Reservation is classified as follows for purposes of episode
plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10586 Contents of implementation plan.
The implementation plan for the Quinault Indian Reservation
consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10587 [Reserved]
Sec. 49.10588 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10589 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10590 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Quinault Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Note 1 to Sec. 49.10590: EPA entered into a Partial Delegation
of Administrative Authority Agreement with the Quinault Indian
Nation on October 4, 2007 for the rules listed in paragraphs (b),
(g), and (i) of this section.
Sec. Sec. 49.10591-49.10610 [Reserved]
Implementation Plan for the Samish Indian Nation, Washington
Sec. 49.10611 Identification of plan.
This section and Sec. Sec. 49.10612 through 49.10640 contain the
implementation plan for the Samish Indian Nation. This plan consists of
Federal regulations and measures which apply within the Samish Indian
Nation Reservation.
Note 1 to Sec. 49.10611: As of [DATE OF PUBLICATION OF THE
FINAL RULE], the Samish Indian Nation Reservation is comprised only
of lands held in trust for the Samish Indian Nation.
Sec. 49.10612 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the lands held in trust for the Samish Indian
Nation Reservation.
Sec. 49.10613 [Reserved]
Sec. 49.10614 [Reserved]
Sec. 49.10615 Classification of regions for episode plans.
The air quality control region which encompasses the lands held in
trust for the Samish Indian Nation Reservation is classified as follows
for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10616 Contents of implementation plan.
The implementation plan for the lands held in trust for the Samish
Indian Nation Reservation consists of the following rules, regulations,
and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
[[Page 61929]]
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10617 [Reserved]
Sec. 49.10618 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10619 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10620 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the lands held in trust for the Samish Indian
Nation Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10621-49.10640 [Reserved]
Implementation Plan for the Sauk-Suiattle Indian Tribe, Washington
Sec. 49.10641 Identification of plan.
This section and Sec. Sec. 49.10642 through 49.10670 contain the
implementation plan for the Sauk-Suiattle Indian Tribe. This plan
consists of Federal regulations and measures which apply within the
Reservation of the Sauk-Suiattle Indian Tribe.
Sec. 49.10642 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Sauk-Suiattle Indian
Tribe.
Sec. 49.10643 [Reserved]
Sec. 49.10644 [Reserved]
Sec. 49.10645 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Sauk-Suiattle Indian Tribe is classified as follows for purposes of
episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... I
Particulate matter (PM10)............................... I
Sulfur oxides........................................... IA
------------------------------------------------------------------------
Sec. 49.10646 Contents of implementation plan.
The implementation plan for the Reservation of the Sauk-Suiattle
Indian Tribe consists of the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10647 [Reserved]
Sec. 49.10648 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10649 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10650 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Reservation of the Sauk-Suiattle Indian
Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10651-49.10670 [Reserved]
Implementation Plan for the Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation, Washington
Sec. 49.10671 Identification of plan.
This section and Sec. Sec. 49.10672 through 49.10700 contain the
implementation plan for the Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation. This plan consists of Federal
regulations and measures which apply within the Shoalwater Bay Indian
Reservation.
Sec. 49.10672 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Shoalwater Bay Indian Reservation.
Sec. 49.10673 [Reserved]
Sec. 49.10674 [Reserved]
Sec. 49.10675 Classification of regions for episode plans.
The air quality control region which encompasses the Shoalwater Bay
Indian Reservation is classified as follows for purposes of episode
plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10676 Contents of implementation plan.
The implementation plan for the Shoalwater Bay Indian Reservation
[[Page 61930]]
consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10677 [Reserved]
Sec. 49.10678 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.2, as applicable.
Sec. 49.10679 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10680 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Shoalwater Bay Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10681-49.10700 [Reserved]
Implementation Plan for the Shoshone-Bannock Tribes of the Fort Hall
Reservation, Idaho
Sec. 49.10701 Identification of plan.
This section and Sec. Sec. 49.10702 through 49.10730 contain the
implementation plan for the Shoshone-Bannock Tribes of the Fort Hall
Reservation. This plan consists of Federal regulations and measures
which apply within the Fort Hall Reservation.
Sec. 49.10702 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Fort Hall Reservation.
Sec. 49.10703 [Reserved]
Sec. 49.10704 [Reserved]
Sec. 49.10705 Classification of regions for episode plans.
The air quality control region which encompasses the Fort Hall
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... I
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10706 Contents of implementation plan.
The implementation plan for the Fort Hall Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
(m) Section 49.10711 Federal Implementation Plan for the Astaris-
Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall
PM-10 Nonattainment Area.
Sec. 49.10707 [Reserved]
Sec. 49.10708 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10709 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10710 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Fort Hall Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
(m) Section 49.10711 Federal Implementation Plan for the Astaris-
Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall
PM-10 Nonattainment Area.
0
6. Revise Sec. Sec. 49.10731 through 49.10956 to read as follows:
* * * * *
Sec.
Implementation Plan for the Confederated Tribes of Siletz Indians of
Oregon
49.10731 Identification of plan.
49.10732 Approval status.
49.10733 [Reserved]
49.10734 [Reserved]
49.10735 Classification of regions for episode plans.
49.10736 Contents of implementation plan.
[[Page 61931]]
49.10737 [Reserved]
49.10738 Permits to construct.
49.10739 Permits to operate.
49.10740 Federally-promulgated regulations and Federal
implementation plans.
49.10741-49.10760 [Reserved]
Implementation Plan for the Skokomish Indian Tribe, Washington
49.10761 Identification of plan.
49.10762 Approval status.
49.10763 [Reserved]
49.10764 [Reserved]
49.10765 Classification of regions for episode plans.
49.10766 Contents of implementation plan.
49.10767 [Reserved]
49.10768 Permits to construct.
49.10769 Permits to operate.
49.10770 Federally-promulgated regulations and Federal
implementation plans.
49.10771-49.10790 [Reserved]
Implementation Plan for the Snoqualmie Indian Tribe, Washington
49.10791 Identification of plan.
49.10792 Approval status.
49.10793 [Reserved]
49.10794 [Reserved]
49.10795 Classification of regions for episode plans.
49.10796 Contents of implementation plan.
49.10797 [Reserved]
49.10798 Permits to construct.
49.10799 Permits to operate.
49.10800 Federally-promulgated regulations and Federal
implementation plans.
49.10801-49.10820 [Reserved]
Implementation Plan for the Spokane Tribe of the Spokane Reservation,
Washington
49.10821 Identification of plan.
49.10822 Approval status.
49.10823 [Reserved]
49.10824 [Reserved]
49.10825 Classification of regions for episode plans.
49.10826 Contents of implementation plan.
49.10827 [Reserved]
49.10828 Permits to construct.
49.10829 Permits to operate.
49.10830 Federally-promulgated regulations and Federal
implementation plans.
49.10831-49.10850 [Reserved]
Implementation Plan for the Squaxin Island Tribe of the Squaxin Island
Reservation, Washington
49.10851 Identification of plan.
49.10852 Approval status.
49.10853 [Reserved]
49.10854 [Reserved]
49.10855 Classification of regions for episode plans.
49.10856 Contents of implementation plan.
49.10857 [Reserved]
49.10858 Permits to construct.
49.10859 Permits to operate.
49.10860 Federally-promulgated regulations and Federal
implementation plans.
49.10861-49.10880 [Reserved]
Implementation Plan for the Stillaguamish Tribe of Indians of
Washington
49.10881 Identification of plan.
49.10882 Approval status.
49.10883 [Reserved]
49.10884 [Reserved]
49.10885 Classification of regions for episode plans.
49.10886 Contents of implementation plan.
49.10887 [Reserved]
49.10888 Permits to construct.
49.10889 Permits to operate.
49.10890 Federally-promulgated regulations and Federal
implementation plans.
49.10891-49.10920 [Reserved]
Implementation Plan for the Suquamish Indian Tribe of the Port Madison
Reservation, Washington
49.10921 Identification of plan.
49.10922 Approval status.
49.10923 [Reserved]
49.10924 [Reserved]
49.10925 Classification of regions for episode plans.
49.10926 Contents of implementation plan.
49.10927 [Reserved]
49.10928 Permits to construct.
49.10929 Permits to operate.
49.10930 Federally-promulgated regulations and Federal
implementation plans.
49.10931-49.10950 [Reserved]
Implementation Plan for the Swinomish Indian Tribal Community,
Washington
49.10951 Identification of plan.
49.10952 Approval status.
49.10953 [Reserved]
49.10954 [Reserved]
49.10955 Classification of regions for episode plans.
49.10956 Contents of implementation plan.
* * * * *
Implementation Plan for the Confederated Tribes of Siletz Indians of
Oregon
Sec. 49.10731 Identification of plan.
This section and Sec. Sec. 49.10732 through 49.10760 contain the
implementation plan for the Confederated Tribes of Siletz Indians. This
plan consists of Federal regulations and measures which apply within
the Siletz Reservation.
Sec. 49.10732 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Siletz Reservation.
Sec. 49.10733 [Reserved]
Sec. 49.10734 [Reserved]
Sec. 49.10735 Classification of regions for episode plans.
The air quality control region which encompasses the Siletz
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... III
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.10736 Contents of implementation plan.
The implementation plan for the Siletz Reservation consists of the
following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10737 [Reserved]
Sec. 49.10738 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10739 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10740 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Siletz Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
[[Page 61932]]
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permit.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10741-49.10760 [Reserved]
Implementation Plan for the Skokomish Indian Tribe, Washington
Sec. 49.10761 Identification of plan.
This section and Sec. Sec. 49.10762 through 49.10790 contain the
implementation plan for the Skokomish Indian Tribe. This plan consists
of Federal regulations and measures which apply within the Skokomish
Reservation.
Sec. 49.10762 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Skokomish Reservation.
Sec. 49.10763 [Reserved]
Sec. 49.10764 [Reserved]
Sec. 49.10765 Classification of regions for episode plans.
The air quality control region which encompasses the Skokomish
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10766 Contents of implementation plan.
The implementation plan for the Skokomish Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10767 [Reserved]
Sec. 49.10768 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21 and, as applicable.
Sec. 49.10769 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10770 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Skokomish Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10771-49.10790 [Reserved]
Implementation Plan for the Snoqualmie Indian Tribe, Washington
Sec. 49.10791 Identification of plan.
This section and Sec. Sec. 49.10792 through 49.10820 contain the
implementation plan for the Snoqualmie Indian Tribe. This plan consists
of Federal regulations and measures which apply within the Snoqualmie
Indian Reservation.
Sec. 49.10792 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Snoqualmie Indian Reservation.
Sec. 49.10793 [Reserved]
Sec. 49.10794 [Reserved]
Sec. 49.10795 Classification of regions for episode plans.
The air quality control region which encompasses the Snoqualmie
Indian Reservation is classified as follows for purposes of episode
plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... I
Particulate matter (PM10)............................... I
Sulfur oxides........................................... IA
------------------------------------------------------------------------
Sec. 49.10796 Contents of implementation plan.
The implementation plan for the Snoqualmie Indian Reservation
consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10797 [Reserved]
Sec. 49.10798 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10799 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10800 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation
[[Page 61933]]
plan for the Snoqualmie Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10801-49.10820 [Reserved]
Implementation Plan for the Spokane Tribe of the Spokane Reservation,
Washington
Sec. 49.10821 Identification of plan.
This section and Sec. Sec. 49.10822 through 49.10850 contain the
implementation plan for the Spokane Tribe. This plan consists of
Federal regulations and measures which apply within the Spokane
Reservation.
Sec. 49.10822 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Spokane Reservation.
Sec. 49.10823 [Reserved]
Sec. 49.10824 [Reserved]
Sec. 49.10825 Classification of regions for episode plans.
The air quality control region which encompasses the Spokane
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.10826 Contents of implementation plan.
The implementation plan for the Spokane Reservation consists of the
following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10827 [Reserved]
Sec. 49.10828 Permits to construct.
(a) Permits to construct are required for new stationary sources
and modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
(b) In accordance with section 164 of the Clean Air Act and the
provisions of 40 CFR 52.21(g), the Spokane Indian Reservation is
designated as a Class I area for the purposes of preventing significant
deterioration of air quality.
Sec. 49.10829 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10830 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Spokane Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10831-49.10850 [Reserved]
Implementation Plan for the Squaxin Island Tribe of the Squaxin Island
Reservation, Washington
Sec. 49.10851 Identification of plan.
This section and Sec. Sec. 49.10852 through 49.10880 contain the
implementation plan for the Squaxin Island Tribe of the Squaxin Island
Reservation. This plan consists of Federal regulations and measures
which apply within the Squaxin Island Reservation.
Sec. 49.10852 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Squaxin Island Reservation.
Sec. 49.10853 [Reserved]
Sec. 49.10854 [Reserved]
Sec. 49.10855 Classification of regions for episode plans.
The air quality control region which encompasses the Squaxin Island
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10856 Contents of implementation plan.
The implementation plan for the Squaxin Island Reservation consists
of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
[[Page 61934]]
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10857 [Reserved]
Sec. 49.10858 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, 40 CFR 52.21, as applicable.
Sec. 49.10859 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10860 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Squaxin Island Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10861-49.10880 [Reserved]
Implementation Plan for the Stillaguamish Tribe of Indians of
Washington
Sec. 49.10881 Identification of plan.
This section and Sec. Sec. 49.10882 through 49.10920 contain the
implementation plan for the Stillaguamish Tribe of Indians. This plan
consists of Federal regulations and measures which apply within the
Reservation of the Stillaguamish Tribe of Indians.
Sec. 49.10882 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Reservation of the Stillaguamish Tribe of
Indians.
Sec. 49.10883 [Reserved]
Sec. 49.10884 [Reserved]
Sec. 49.10885 Classification of regions for episode plans.
The air quality control region which encompasses the Reservation of
the Stillaguamish Tribe of Indians is classified as follows for
purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... I
Particulate matter (PM10)............................... I
Sulfur oxides........................................... IA
------------------------------------------------------------------------
Sec. 49.10886 Contents of implementation plan.
The implementation plan for the Reservation of the Stillaguamish
Tribe of Indians consists of the following rules, regulations, and
measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10887 [Reserved]
Sec. 49.10888 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10889 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10890 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Reservation of the Stillaguamish Tribe of
Indians:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10891-49.10920 [Reserved]
Implementation Plan for the Suquamish Indian Tribe of the Port Madison
Reservation, Washington
Sec. 49.10921 Identification of plan.
This section and Sec. Sec. 49.10922 through 49.10950 contain the
implementation plan for the Suquamish Indian Tribe of the Port Madison
Reservation. This plan consists of Federal regulations and measures
which apply within the Port Madison Reservation.
Sec. 49.10922 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Port Madison Reservation.
Sec. 49.10923 [Reserved]
Sec. 49.10924 [Reserved]
Sec. 49.10925 Classification of regions for episode plans.
The air quality control region which encompasses the Port Madison
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10926 Contents of implementation plan.
The implementation plan for the Port Madison Reservation consists
of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
[[Page 61935]]
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10927 [Reserved]
Sec. 49.10928 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10929 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10930 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Port Madison Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10931-49.10950 [Reserved]
Implementation Plan for the Swinomish Indian Tribal Community,
Washington
Sec. 49.10951 Identification of plan.
This section and Sec. Sec. 49.10952 through 49.10980 contain the
implementation plan for the Swinomish Indian Tribal Community. This
plan consists of a combination of Tribal rules and measures and Federal
regulations and measures which apply within the Swinomish Reservation.
Sec. 49.10952 Approval status.
The implementation plan for the Swinomish Reservation includes the
EPA-approved Tribal rules and measures incorporated by reference in
Sec. 49.10957.
Sec. 49.10953 [Reserved]
Sec. 49.10954 [Reserved]
Sec. 49.10955 Classification of regions for episode plans.
The air quality control region which encompasses the Swinomish
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.10956 Contents of implementation plan.
The implementation plan for the Swinomish Reservation consists of
the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) [Reserved]
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
(m) The EPA-approved Tribal open burning rules and measures
approved in Sec. 49.10957 of this chapter.
(1) Title, authority, jurisdiction, definitions.
(2) Open burning.
(3) Public involvement.
(4) Appeals.
(5) Repealer, severability and effective date.
(6) Enforcement.
(7) Hearings, Appeals, computation of time and law applicable.
7. Amend Sec. 49.10957 by revising the last sentence of paragraph
(b)(3) to read as follows:
Sec. 49.10957 EPA-approved Tribal rules and plans.
* * * * *
(b) * * *
(3) * * * For information on the availability of this material at
NARA, contact the Office of the Federal Register--email:
[email protected]; website: www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
0
8. Revise Sec. Sec. 49.10958 through 49.11111 to read as follows:
Sec.
* * * * *
49.10958 Permits to construct.
49.10959 Permits to operate.
49.10960 Federally-promulgated regulations and Federal
implementation plans.
49.10961-49.10980 [Reserved]
Implementation Plan for the Tulalip Tribes of Washington
49.10981 Identification of plan.
49.10982 Approval status.
49.10983 [Reserved]
49.10984 [Reserved]
49.10985 Classification of regions for episode plans.
49.10986 Contents of implementation plan.
49.10987 [Reserved]
49.10988 Permits to construct.
49.10989 Permits to operate.
49.10990 Federally-promulgated regulations and Federal
implementation plans.
49.10991-49.11010 [Reserved]
Implementation Plan for the Confederated Tribes of the Umatilla Indian
Reservation, Oregon
49.11011 Identification of plan.
49.11012 Approval status.
49.11013 [Reserved]
49.11014 [Reserved]
49.11015 Classification of regions for episode plans.
49.11016 Contents of implementation plan.
49.11017 [Reserved]
49.11018 Permits to construct.
49.11019 Permits to operate.
49.11020 Federally-promulgated regulations and Federal
implementation plans.
49.11021 Permits for large open burning, agricultural burning,
forestry and
[[Page 61936]]
silvicultural burning, and small open burning annual permits.
49.11022-49.11040 [Reserved]
Implementation Plan for the Upper Skagit Indian Tribe, Washington
49.11041 Identification of plan.
49.11042 Approval status.
49.11043 [Reserved]
49.11044 [Reserved]
49.11045 Classification of regions for episode plans.
49.11046 Contents of implementation plan.
49.11047 [Reserved]
49.11048 Permits to construct.
49.11049 Permits to operate.
49.11050 Federally-promulgated regulations and Federal
implementation plans.
49.11051-49.11070 [Reserved]
Implementation Plan for the Confederated Tribes of the Warm Springs
Reservation of Oregon
49.11071 Identification of plan.
49.11072 Approval status.
49.11073 [Reserved]
49.11074 [Reserved]
49.11075 Classification of regions for episode plans.
49.11076 Contents of implementation plan.
49.11077 [Reserved]
49.11078 Permits to construct.
49.11079 Permits to operate.
49.11080 Federally-promulgated regulations and Federal
implementation plans.
49.11081-49.11100 [Reserved]
Implementation Plan for the Confederated Tribes and Bands of the Yakama
Nation, Washington
49.11101 Identification of plan.
49.11102 Approval status.
49.11103 [Reserved]
49.11104 [Reserved]
49.11105 Classification of regions for episode plans.
49.11106 Contents of implementation plan.
49.11107 [Reserved]
49.11108 Permits to construct.
49.11109 Permits to operate.
49.11110 Federally-promulgated regulations and Federal
implementation plans.
49.11111 Permits for large open burning, agricultural burning and
small open burning annual permits.
* * * * *
Sec. 49.10958 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10959 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10960 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Swinomish Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) [Reserved]
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.10961-49.10980 [Reserved]
Implementation Plan for the Tulalip Tribes of Washington
Sec. 49.10981 Identification of plan.
This section and Sec. Sec. 49.10982 through 49.11010 contain the
implementation plan for the Tulalip Tribes. This plan consists of
Federal regulations and measures which apply within the Tulalip
Reservation.
Sec. 49.10982 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Tulalip Reservation.
Sec. 49.10983 [Reserved]
Sec. 49.10984 [Reserved]
Sec. 49.10985 Classification of regions for episode plans.
The air quality control region which encompasses the Tulalip
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... I
Particulate matter (PM10)............................... I
Sulfur oxides........................................... IA
------------------------------------------------------------------------
Sec. 49.10986 Contents of implementation plan.
The implementation plan for the Tulalip Reservation consists of the
following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.10987 [Reserved]
Sec. 49.10988 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.10989 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.10990 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Tulalip Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
[[Page 61937]]
Sec. Sec. 49.10991-49.11010 [Reserved]
Implementation Plan for the Confederated Tribes of the Umatilla Indian
Reservation, Oregon
Sec. 49.11011 Identification of plan.
This section and Sec. Sec. 49.11012 through 49.11040 contain the
implementation plan for the Confederated Tribes of the Umatilla Indian
Reservation. This plan consists of Federal regulations and measures
which apply within the Umatilla Indian Reservation.
Sec. 49.11012 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Umatilla Indian Reservation.
Sec. 49.11013 [Reserved]
Sec. 49.11014 [Reserved]
Sec. 49.11015 Classification of regions for episode plans.
The air quality control region which encompasses the Umatilla
Indian Reservation is classified as follows for purposes of episode
plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.11016 Contents of implementation plan.
The implementation plan for the Umatilla Indian Reservation
consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.132 Rule for large open burning permits.
(i) Section 49.133 Rule for agriculture burning permits.
(j) Section 49.134 Rule for forestry and silvicultural burning
permits.
(k) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(l) Section 49.137 Rule for air pollution episodes.
(m) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(n) Section 49.139 Rule for non-Title V operating permits.
(o) Section 49.140 Rule for residential wood burning devices.
(p) Section 49.142 Rule for small open burning annual permits.
Sec. 49.11017 [Reserved]
Sec. 49.11018 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.11019 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.11020 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Umatilla Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.132 Rule for large open burning permits.
(i) Section 49.133 Rule for agriculture burning permits.
(j) Section 49.134 Rule for forestry and silvicultural burning
permits.
(k) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(l) Section 49.137 Rule for air pollution episodes.
(m) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(n) Section 49.139 Rule for non-Title V operating permits.
(o) Section 49.140 Rule for residential wood burning devices.
(p) Section 49.142 Rule for small open burning annual permits.
Note 1 to Sec. 49.11020: EPA entered into a Partial Delegation
of Administrative Authority Agreement with the Confederated Tribes
of the Umatilla Indian Reservation on August 21, 2006 for the rules
listed in paragraphs (a), (g), (h), (i), (j) and (l) of this
section.
Sec. 49.11021 Permits for large open burning, agricultural burning,
forestry and silvicultural burning, and small open burning annual
permits.
(a) From June 7, 2005 through December 31, 2023, small open burns
and large open burns are subject to the permitting requirements of
Sec. 49.132.
(b) Beginning January 1, 2024, large open burns are subject to the
permitting requirements of Sec. 49.132.
(c) Beginning January 1, 2007, agricultural burns are subject to
the permitting requirements of Sec. 49.133.
(d) Beginning January 1, 2007, forestry or silvicultural burns are
subject to the permitting requirements of Sec. 49.134.
(e) Beginning January 1, 2024, small open burns are subject to the
permitting requirements of Sec. 49.142.
Sec. Sec. 49.11022-49.11040 [Reserved]
Implementation Plan for the Upper Skagit Indian Tribe, Washington
Sec. 49.11041 Identification of plan.
This section and Sec. Sec. 49.11042 through 49.11070 contain the
implementation plan for the Upper Skagit Indian Tribe. This plan
consists of Federal regulations and measures which apply within the
Upper Skagit Reservation.
Sec. 49.11042 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Upper Skagit Reservation.
Sec. 49.11043 [Reserved]
Sec. 49.11044 [Reserved]
Sec. 49.11045 Classification of regions for episode plans.
The air quality control region which encompasses the Upper Skagit
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... II
------------------------------------------------------------------------
Sec. 49.11046 Contents of implementation plan.
The implementation plan for the Upper Skagit Reservation consists
of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
[[Page 61938]]
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.11047 [Reserved]
Sec. 49.11048 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.11049 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.11050 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Upper Skagit Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.11051-49.11070 [Reserved]
Implementation Plan for the Confederated Tribes of the Warm Springs
Reservation of Oregon
Sec. 49.11071 Identification of plan.
This section and Sec. Sec. 49.11072 through 49.11100 contain the
implementation plan for the Confederated Tribes of the Warm Springs
Reservation. This plan consists of Federal regulations and measures
which apply within the Warm Springs Reservation.
Sec. 49.11072 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Warm Springs Reservation.
Sec. 49.11073 [Reserved]
Sec. 49.11074 [Reserved]
Sec. 49.11075 Classification of regions for episode plans.
The air quality control region which encompasses the Warm Springs
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
Ozone................................................... III
Particulate matter (PM10)............................... II
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.11076 Contents of implementation plan.
The implementation plan for the Warm Springs Reservation consists
of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. 49.11077 [Reserved]
Sec. 49.11078 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.11079 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.11080 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are adopted and made part of the
implementation plan for the Warm Springs Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(i) Section 49.137 Rule for air pollution episodes.
(j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(k) Section 49.139 Rule for non-Title V operating permits.
(l) Section 49.140 Rule for residential wood burning devices.
Sec. Sec. 49.11081-49.11100 [Reserved]
Implementation Plan for the Confederated Tribes and Bands of the Yakama
Nation, Washington
Sec. 49.11101 Identification of plan.
This section and Sec. Sec. 49.11102 through 49.11130 contain the
implementation plan for the Confederated Tribes and Bands of the Yakama
Nation. This plan consists of Federal regulations and measures which
apply within the Yakama Reservation.
Sec. 49.11102 Approval status.
There are currently no EPA-approved Tribal rules or measures in the
implementation plan for the Yakama Reservation.
Sec. 49.11103 [Reserved]
Sec. 49.11104 [Reserved]
Sec. 49.11105 Classification of regions for episode plans.
The air quality control region which encompasses the Yakama
Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................................... III
Nitrogen dioxide........................................ III
[[Page 61939]]
Ozone................................................... III
Particulate matter (PM10)............................... I
Sulfur oxides........................................... III
------------------------------------------------------------------------
Sec. 49.11106 Contents of implementation plan.
The implementation plan for the Yakama Reservation consists of the
following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.132 Rule for large open burning permits.
(i) Section 49.133 Rule for agricultural burning permits.
(j) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(k) Section 49.137 Rule for air pollution episodes.
(l) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(m) Section 49.139 Rule for non-Title V operating permits.
(n) Section 49.140 Rule for residential wood burning devices.
(o) Section 49.141 Rule for curtailment of residential wood burning
devices for specific areas.
(p) Section 49.142 Rule for small open burning annual permits.
Sec. 49.11107 [Reserved]
Sec. 49.11108 Permits to construct.
Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
Sec. 49.11109 Permits to operate.
Permits to operate are required for sources in accordance with the
requirements of Sec. 49.139.
Sec. 49.11110 Federally-promulgated regulations and Federal
implementation plans.
The following regulations are incorporated and made part of the
implementation plan for the Yakama Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate
matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.132 Rule for large open burning permits.
(i) Section 49.133 Rule for agricultural burning permits.
(j) Section 49.135 Rule for emissions detrimental to public health
or welfare.
(k) Section 49.137 Rule for air pollution episodes.
(l) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
(m) Section 49.139 Rule for non-Title V operating permits.
(n) Section 49.140 Rule for residential wood burning devices.
(o) Section 49.141 Rule for curtailment of residential wood burning
devices for specific areas.
(p) Section 49.142 Rule for small open burning annual permits.
Sec. 49.11111 Permits for large open burning, agricultural burning
and small open burning annual permits.
(a) Beginning [date to be determined] large open burns are subject
to the permitting requirements of Sec. 49.132.
(b) Beginning [date to be determined], agricultural burns are
subject to the permitting requirements of Sec. 49.133.
(c) Beginning [date to be determined], small open burns are subject
to the permitting requirements of Sec. 49.142.
0
9. Designate the appendix to subpart M of part 49 as appendix A to
subpart M of part 49 and revise newly-designated appendix A to read as
follows:
Appendix A to Subpart M--Alphabetical Listing of Tribes and
Corresponding Sections
------------------------------------------------------------------------
Refer to the following sections in
Indian tribe subpart M
------------------------------------------------------------------------
Burns Paiute Tribe, Oregon........ Sec. Sec. 49.9861 to 49.9890.
Chehalis Reservation, Washington-- Sec. Sec. 49.9891 to 49.9920.
Confederated Tribes of the.
Coeur D'Alene Tribe, Idaho........ Sec. Sec. 49.9921 to 49.9950.
Colville Reservation, Washington-- Sec. Sec. 49.9951 to 49.9980.
Confederated Tribes of the.
Coos, Lower Umpqua and Siuslaw Sec. Sec. 49.9981 to 49.10010.
Indians, Oregon--Confederated
Tribes of the.
Coquille Indian Tribe, Oregon..... Sec. Sec. 49.10011 to 49.10040.
Cow Creek Band of Umpqua Tribe of Sec. Sec. 49.10041 to 49.10070.
Indians Oregon.
Cowlitz Indian Tribe, Washington.. Sec. Sec. 49.10071 to 49.10100.
Grand Ronde Community of Oregon-- Sec. Sec. 49.10101 to 49.10130.
Confederated Tribes of the.
Hoh Indian Tribe, Washington...... Sec. Sec. 49.10131 to 49.10160.
Jamestown S'Klallam Tribe, Sec. Sec. 49.10161 to 49.10190.
Washington.
Kalispel Indian Community of the Sec. Sec. 49.10191 to 49.10220.
Kalispel Reservation, Washington.
Klamath Tribes, Oregon............ Sec. Sec. 49.10221 to 49.10250.
Kootenai Tribe of Idaho........... Sec. Sec. 49.10251 to 49.10280.
Lower Elwha Tribal Community, Sec. Sec. 49.10281 to 49.10310.
Washington.
Lummi Tribe of the Lummi Sec. Sec. 49.10311 to 49.10340.
Reservation, Washington.
Makah Indian Tribe of the Makah Sec. Sec. 49.10341 to 49.10370.
Indian Reservation, Washington.
Muckleshoot Indian Tribe, Sec. Sec. 49.10371 to 49.10400.
Washington.
Nez Perce Tribe, Idaho............ Sec. Sec. 49.10401 to 49.10430.
Nisqually Indian Tribe, Washington Sec. Sec. 49.10431 to 49.10460.
Nooksack Indian Tribe, Washington. Sec. Sec. 49.10461 to 49.10490.
Port Gamble S'Klallam Tribe, Sec. Sec. 49.10491 to 49.10520.
Washington.
Puyallup Tribe of the Puyallup Sec. Sec. 49.10521 to 49.10550.
Reservation, Washington.
Quileute Tribe of the Quileute Sec. Sec. 49.10551 to 49.10580.
Reservation, Washington.
Quinault Indian Nation, Washington Sec. Sec. 49.10581 to 49.10610.
Samish Indian Nation, Washington.. Sec. Sec. 49.10611 to 49.10640.
Sauk-Suiattle Indian Tribe, Sec. Sec. 49.10641 to 49.10670.
Washington.
Shoalwater Bay Tribe of the Sec. Sec. 49.10671 to 49.10700.
Shoalwater Bay Indian
Reservation, Washington.
[[Page 61940]]
Shoshone-Bannock Tribes of the Sec. Sec. 49.10701 to 49.10730.
Fort Hall Reservation, Idaho.
Siletz Indians of Oregon-- Sec. Sec. 49.10731 to 49.10760.
Confederated Tribes of.
Skokomish Indian Tribe, Washington Sec. Sec. 49.10761 to 49.10790.
Snoqualmie Indian Tribe, Sec. Sec. 49.10791 to 49.10820.
Washington.
Spokane Tribe of the Spokane Sec. Sec. 49.10821 to 49.10850.
Reservation, Washington.
Squaxin Island Tribe of the Sec. Sec. 49.10851 to 49.10880.
Squaxin Island Reservation,
Washington.
Stillaguamish Tribe of Indians of Sec. Sec. 49.10881 to 49.10920.
Washington.
Suquamish Indian Tribe of the Port Sec. Sec. 49.10921 to 49.10950.
Madison Reservation, Washington.
Swinomish Indian Tribal Community, Sec. Sec. 49.10951 to 49.10980.
Washington.
Tulalip Tribes of Washington...... Sec. Sec. 49.10981 to 49.11010.
Umatilla Indian Reservation, Sec. Sec. 49.11011 to 49.11040.
Oregon--Confederated Tribes of
the.
Upper Skagit Indian Tribe, Sec. Sec. 49.11041 to 49.11070.
Washington.
Warm Springs Reservation of Sec. Sec. 49.11071 to 49.11100.
Oregon--Confederated Tribes of
the.
Yakama Nation, Washington-- Sec. Sec. 49.11101 to 49.11130.
Confederated Tribes and Bands of
the.
------------------------------------------------------------------------
[FR Doc. 2022-20486 Filed 10-11-22; 8:45 am]
BILLING CODE 6560-50-P