[Federal Register Volume 67, Number 51 (Friday, March 15, 2002)]
[Proposed Rules]
[Pages 11748-11801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4140]



[[Page 11747]]

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Part II





Environmental Protection Agency





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40 CFR Part 49



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

  Federal Register / Vol. 67, No. 51 / Friday, March 15, 2002 / 
Proposed Rules  

[[Page 11748]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[Docket #: A-2000-25; FRL-7147-9]
RIN 2012-AA01


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

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to 
promulgate Federal Implementation Plans (FIPs) under the Clean Air Act 
(CAA) for Indian reservations in Idaho, Oregon, and Washington. The 
FIPs would include basic air quality regulations for the protection of 
communities in and adjacent to such Indian reservations. These rules 
would be implemented by EPA, or a delegated Tribal Authority, until 
replaced by Tribal Implementation Plans (TIPs).

DATES: Comments must be received no later than June 13, 2002.

ADDRESSES: Written comments should be addressed to: David Bray, Office 
of Air Quality (OAQ-107), U.S. EPA Region 10, 1200 Sixth Avenue, 
Seattle, WA 98101-1128. Please cite the administrative docket, #A-2000-
25, upon which you are providing comment.
    Copies of all information supporting this action are available for 
public inspection and copying between 8:30 a.m. and 5:30 p.m. Eastern 
Standard Time at EPA's Central Docket Section, Office of Air and 
Radiation, Room 1500M (6102), 401 M Street, SW., Washington, DC 20460, 
and between 8:30 a.m. and 3:30 p.m. Pacific Standard Time at EPA Region 
10, Office of Air Quality, 10th Floor, 1200 Sixth Avenue, Seattle, 
Washington 98101. A reasonable fee may be charged for copies.

FOR FURTHER INFORMATION CONTACT: David Bray, Office of Air Quality 
(OAQ-107), U.S. EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101-
1128, (206) 553-4253.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. Today's Action
    B. Areas and Sources Covered by the Rules
    C. Organization of the Rules
    D. Delegation
II. Basis for Proposed Action
    A. EPA's Authority to Promulgate a FIP in Indian Country
    B. Relation to Tribal Authority Rule
III. Summary of FIP Provisions
    A. Origin of the Rules
    B. Rule Summaries
    C. Rules Proposed for Specific Reservations
    D. Costs Associated with these Rules and Request for Comment
IV. Request for Public Comments
V. Administrative Requirements
    A. Executive Order 12866: Regulatory Planning and Review
    B. Regulatory Flexibility Act
    C. Unfunded Mandates Reform Act
    D. Paperwork Reduction Act
    E. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    F. Executive Order 12875: Enhancing the Intergovernmental 
Partnership
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13211: Energy Effects
    I. National Technology Transfer and Advancement Act

I. Background

A. Today's Action

    EPA is proposing to establish Federal Implementation Plans (FIPs) 
under the Clean Air Act (CAA) for Indian reservations in Idaho, Oregon, 
and Washington. These rules, when promulgated, would be an important 
step in ensuring that basic air quality protection is in place to 
protect health and welfare on Indian reservations located in the 
Pacific Northwest. In Region 10, EPA has been working with the Tribes 
to identify the primary sources of air pollution emissions on Indian 
reservations, and evaluating the CAA statutory authorities available to 
regulate those sources. EPA's evaluations have identified concerns with 
unregulated particulate matter, such as from open burning for 
agricultural purposes. A significant number of industrial major 
stationary sources subject to Title V of the CAA are located on these 
Indian reservations. By means of these rules, EPA would impose 
regulatory requirements on industry and residents on reservations, 
similar to those imposed by the rules of State and local air agencies 
in the surrounding areas. EPA believes that it is appropriate to focus 
initially on the sources in Region 10 that have been identified as ones 
that may cause or contribute to prevalent air quality problems on 
reservations and in shared airsheds of the Pacific Northwest. Aside 
from existing national emissions standards and requirements, the FIPs 
proposed in this rule are the first building blocks under the CAA to 
address such emissions.
    In the Clean Air Act (42 U.S.C. 7401 to 7671q), Congress gave EPA 
broad authority to protect air resources throughout the nation, 
including the air resources on Indian reservations and other areas of 
Indian country. Based on the authority of section 301 of the CAA, EPA 
promulgated a final rule entitled ``Indian Tribes: Air Quality Planning 
and Management,'' on February 12, 1998, 63 FR 7254. The rule, generally 
referred to as the ``Tribal Authority Rule'' or ``TAR,'' establishes 
procedures for EPA determinations on Tribal eligibility applications 
for ``treatment in the same manner as a State'' (commonly referred to 
as ``TAS'') under CAA authorities for Indian reservations and for non-
reservation areas within a Tribe's jurisdiction. The U.S. Court of 
Appeals for the District of Columbia Circuit recently upheld the TAR in 
Arizona Public Service Co. v. EPA, 211 F.3d 1280 (D.C. Cir. 2000), 
cert. denied 121 S. Ct. 1600 (2001).
    In the TAR, EPA explained that it intends to use its authority 
under the CAA ``to protect air quality throughout Indian country'' \1\ 
by directly implementing the CAA's requirements where Tribes have 
chosen not to develop or implement a CAA program. EPA wrote in the 
final rule at 40 CFR 49.11 that it would ``promulgate without 
unreasonable delay such Federal implementation plan provisions as are 
necessary or appropriate to protect air quality'' for these areas.
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    \1\ ``Indian country'' is defined under 18 U.S.C. 1151 as: (1) 
All land within the limits of any Indian reservation under the 
jurisdication of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through 
the reservation, (2) all dependent Indian communities within the 
borders of the United States, whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a State, and (3) all Indian allotments, the 
Indian titles which have not been extinguished, including rights-of-
way running through the same. Under this definition, EPA treats as 
reservations trust lands validly set aside for the use of a Tribe 
even if the trust lands have not been formally designated as a 
reservation.
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    In order to further this commitment to protect air quality, EPA is 
proposing rules for Indian reservations in Idaho, Oregon, and 
Washington.\2\ In exercising its authority under sections 301(a) and 
301(d)(4) of the CAA and 40 CFR 49.11(a) to promulgate such FIP 
provisions as are necessary or

[[Page 11749]]

appropriate to protect air quality in Indian country, EPA has stated 
that it will carry out this authority in a prioritized way, beginning 
with sources that pose the greatest threat to public health and the 
environment. 64 FR at 8255. The FIPs proposed today are the first 
building block under the CAA to address the most prevalent gaps 
identified to date on reservations in the Pacific Northwest. EPA will 
continue to evaluate air quality conditions and the sources that cause 
or contribute to the degradation of air quality, and expects to 
promulgate additional FIP provisions, in consultation with Tribes, 
including Tribes that are developing TIPs. Thus, EPA views these FIP 
provisions as a first step towards establishing a complete plan for 
maintaining the NAAQS that, together with approved TIPs, would meet the 
goals of section 110(a) of the CAA.
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    \2\ EPA is not proposing at this time to establish rules for 
Indian country areas in Alaska, and will continue to evaluate the 
need and appropriateness of air quality rules there in consultation 
with the Federally recognized Tribes in Alaska. EPA is working with 
the U.S. Bureau of Indian Affairs (BIA) to complete the mapping of 
the Indian country in Alaska. Once the extent and specific locations 
of the Indian country is better known, air quality characterization 
and subsequent assessment of the needs can be initiated in 
consultation with the affected Tribal governments. EPA anticipates 
that conditions and needs in Alaska may warrant a different array of 
requirements and provisions than are included in these proposed 
FIPs.
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    After consulting with the Tribes in Idaho, Oregon, and Washington, 
EPA Region 10 is concerned that there is currently a gap in air quality 
requirements in these areas under the CAA. While many Tribes in Region 
10 are in the process of developing air quality management programs, 
EPA Region 10 has approved only one Tribe, the Shoshone-Bannock Tribes 
of the Fort Hall Reservation in Idaho, to assume certain CAA 
authorities. Furthermore, States generally lack the authority to 
regulate air quality in Indian country. See California v. Cabazon Band 
of Mission Indians, 480 U.S. 202, 216 and n.18 (1987); see also HRI v. 
EPA, 198 F.3d 1224, 1242 (10th Cir. 2000), Montana v. EPA, 137 F.3d 
1135 (9th Cir. 1998), cert. denied 525 U.S. 921 (1998). These proposed 
rules, as described below, are intended to fill the gap in current 
regulations until such time as individual Tribes develop and implement 
approved TIPs.
    As discussed in greater detail below, EPA believes that in light of 
the particular air quality issues generally present on reservations in 
the Pacific Northwest, it is appropriate to establish each of the air 
quality rules for each reservation that are proposed today. These rules 
would regulate activities, pollutants, and sources by supplementing the 
existing Federal regulatory programs such as the Prevention of 
Significant Deterioration (PSD), National Emission Standards for 
Hazardous Air Pollutants (NESHAP), and New Source Performance Standards 
(NSPS) programs. These proposed rules would provide additional 
regulatory tools for EPA to use in implementing the CAA on Indian 
reservations. EPA has adequate enforcement authority under section 113 
of the CAA to ensure compliance with the requirements that are 
proposed.
    In Region 10, EPA is continuing to identify the primary sources of 
air pollution emissions on Indian reservations, and evaluating the CAA 
statutory authorities available to regulate those sources pending 
submission of a TIP by a Tribe and approval by EPA. This information is 
assisting EPA in determining, in consultation with affected Indian 
Tribes, the activities and sources of air pollution that threaten air 
resources. EPA believes that it is appropriate to focus its efforts to 
develop FIPs initially on the sources that may cause or contribute to 
air quality problems that have been identified.
    EPA's evaluations and information from affected Indian Tribes 
identified concerns with pollution from unregulated sources of 
particulate matter. Examples of categories of sources of air pollution 
not currently regulated include emissions from open burning and 
fugitive dust. Agricultural burning has been identified as a source of 
uncontrolled particulate matter that if not properly regulated can 
endanger people's health and safety, as well as cause other 
environmental impacts such as regional haze. EPA Region 10 is working 
at a regional level in partnership with States, Tribes, local 
governments, growers, and citizen groups to support and strengthen 
tools and programs for addressing particulate matter, including the 
development of appropriate regulatory controls in each jurisdiction. 
EPA also is identifying the industrial and commercial sources of 
emissions that are not fully regulated. There are at least 11 
facilities on these reservations that meet the definition of major 
source, under the Federal Operating Permits provisions in Title V of 
the CAA. Most of these facilities are in the forest products industry, 
that can emit plumes of particulate matter at levels that should be 
controlled. Industrial facilities such as these also use fuels 
containing sulfur that can cause excessive concentrations of ground-
level sulfur dioxide if not properly controlled. Regulating these 
sources is appropriate in order to protect air quality from the 
potential for significant deterioration caused by the release of 
particulate matter and sulfur dioxide. Particulate matter and sulfur 
dioxide are regulated by National Ambient Air Quality Standards (NAAQS) 
under section 109 of the CAA. A number of rules proposed today would 
control emissions of particulate matter and sulfur dioxide to the 
atmosphere as appropriate for the purpose of maintaining or attaining 
the NAAQS. Along with the protections these Federal air quality rules 
would provide, the rules can also assist Tribes in developing air 
quality management programs by using the Federal rules as templates in 
drafting TIPs.
    It is important to note that these proposed rules are analogous to, 
but different from, the types of rules generally approved by EPA into 
State Implementation Plans (SIPs). The rules proposed today represent 
an average program, and so are more stringent than some SIP rules and 
less stringent than others. However, while these would be Federal CAA 
rules, they would not change the minimum criteria in 40 CFR Part 51, 
the CAA, or the TAR for approval of rules in either a SIP or a TIP.\3\ 
EPA encourages Tribes to develop individual TIPs and will work with 
Tribes seeking to replace these rules with TIPs. These regulations 
would apply until they are replaced by Tribal regulations in an 
approved TIP.
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    \3\ EPA has used the planning requirements applicable to States 
as a guide in developing these FIPs.
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    EPA Region 10 has actively consulted with and encouraged Tribes to 
assist EPA in developing these proposed regulations to ensure that 
Tribal considerations are addressed. EPA Region 10 staff has worked 
with, and will continue to work with, individual Tribes to assess air 
quality problems, and develop, in consultation with the Tribes, Tribal 
or Federal strategies for addressing these problems. For example, EPA 
Region 10 has worked with Tribes to develop emission inventories and 
air monitoring studies where appropriate, to determine the nature of 
air quality problems, and to identify a range of potential control 
strategies. During the development of the rules proposed here, EPA 
Region 10 staff consulted with affected Tribes in a series of group and 
individual meetings that are described in detail below in Section V.G, 
which discusses compliance with Executive Order 13175: Consultation and 
Coordination with Indian Tribal Governments.

B. Areas and Sources Covered by the Rules

    These proposed rules would apply to any person who owns or operates 
an air pollution source within the exterior boundaries of an Indian 
reservation in Idaho, Oregon, or Washington, as set forth in 40 CFR 
Part 49, Subpart M Implementation Plans for Tribes--Region X. Further, 
as discussed in the TAR at 63 FR 7257-58, EPA interprets the term 
``reservation'' consistent with U.S. Supreme Court case law to include

[[Page 11750]]

trust lands that have been validly set apart for the use of a Tribe 
even though the land has not been formally designated as a reservation. 
EPA is not proposing to establish rules for all of Indian country, 
e.g., these rules would not apply to allotment lands that are held in 
trust for individual Indians that are located outside the exterior 
boundaries of a reservation or for dependent Indian communities. Based 
on consultations, EPA is not aware of any sources on those types of 
land outside of reservations to which these rules need to apply. This 
proposed rulemaking is a step in addressing known air quality concerns 
on reservations. If in the future, EPA becomes aware of air quality 
concerns for Indian country outside of reservations, EPA may propose 
other requirements that are deemed necessary or appropriate.
    This proposal includes: (1) Rules of general applicability that 
would regulate emissions of particulate matter and sulfur dioxide from 
combustion and process sources, visible emissions and fugitive dust; 
and (2) additional proposed rules that would control particulate matter 
emissions from specific types of equipment used to burn wood wastes, 
sometimes known as ``wigwam burners,'' and certain wood product 
industry sources. The proposed rules would also regulate open burning, 
and allow the Regional Administrator to impose restrictions on 
emissions during periods of impaired air quality or when emissions from 
sources are detrimental to human health and welfare. Finally, the 
proposed rules would require registration of many stationary sources of 
air pollution and would provide the opportunity for stationary sources 
with low emission levels to obtain potential to emit limits in 
operating permits. The specific rules that would apply to sources on a 
particular reservation are specified in today's proposed rule, at 40 
CFR part 49, Subpart M.
    EPA will decide whether a source or activity located on an Indian 
reservation is subject to the provisions of these rules as made 
applicable in the implementation plan for that reservation. Today's 
proposed rules include procedures for sources to obtain individual 
determinations from EPA as to whether they are subject to these 
regulatory requirements. A source that is uncertain regarding the 
applicability of a rule may submit a written request to EPA for an 
applicability determination. In response to a request for an 
applicability determination, EPA will issue a written determination 
stating whether the source or activity is subject to a particular 
Federal air quality rule. In most cases, determining whether the source 
or activity is on an Indian reservation will be straightforward and 
non-controversial. For example, in most cases EPA and the source will 
be able to easily determine whether a source is located within the 
exterior boundaries of a reservation, including Tribal trust lands. In 
the rarer, more complex factual cases, EPA will work with the U.S. 
Department of the Interior, Tribes, and stakeholders to assess the 
reservation status of the location. After EPA has reviewed the relevant 
materials, the Agency will send a letter to the source stating EPA's 
belief whether the source is located within the boundaries of a 
reservation. For sources or activities located on Indian reservations, 
the source or activity would be expected to comply with the applicable 
requirements of these FIPs.

C. Organization of the Rules

    EPA has structured these proposed regulations consistent with the 
``modular'' approach described in the TAR to allow for both variation 
among reservations and to facilitate the development and approval of 
TIPs to replace all or part of these Federal regulations. EPA is using 
this modular approach to propose a full set of regulations, and each 
regulation in today's proposal is effectively a ``stand-alone'' rule. 
Each FIP is tailored and is being proposed on a reservation-by-
reservation basis. For example, the proposed regulation for particulate 
matter emissions from wood products industry sources would only be 
promulgated for reservations that have existing wood products industry 
sources or for those where such sources might be expected to locate. 
Similarly, the proposed regulation for forestry burning permits would 
only be promulgated for reservations with forestry lands where the use 
of fire as a forest management tool is prevalent.
    EPA expects that many Tribes will develop their own air quality 
programs. However, Tribes are not required to adopt and implement all 
CAA programs at once. Under section 49.7(c) of the TAR, Tribes that 
meet the eligibility criteria for TAS have the option of developing 
severable elements of a TIP and submitting those elements to EPA for 
approval under the CAA. The modular approach used in these proposed 
regulations would allow EPA to approve a Tribal rule covering a 
particular source type or activity and revoke the EPA regulation, while 
still leaving in place the EPA regulations for other sources and/or 
activities. For example, a Tribe may initially want to adopt and 
implement Tribal rules for open burning and rules for the registration 
of air pollution sources, while EPA would continue to regulate 
industrial emissions under the FIP for that reservation. This modular 
approach would allow for an easy incremental transition from Federal 
regulations to EPA-approved Tribal rules.
    While most of the rules in the FIPs constitute a ``base program'' 
that EPA is proposing to put in place in all reservations in Idaho, 
Oregon, and Washington, some of the proposed FIPs would include rules 
where specific needs exist or where EPA determines, in consultation 
with the relevant Tribe, that a more stringent provision than would 
otherwise apply is appropriate. These ``additional rules'' are being 
proposed only for certain reservations. For example, EPA is proposing 
rules specific to particular kinds of woodwaste burners and certain 
wood products industries that will require better controls for 
particulate matter emissions than the general limits for visible 
emissions and particulate matter. These regulations are proposed for 
reservations where such sources exist and where EPA determines, in 
consultation with the Tribe, that more stringent provisions are 
appropriate. The following table identifies the rules summarized below 
in section III.B that would be included in the ``Base Program'' and the 
``Additional Rules'' that may be included as appropriate.

                              Table 1.--Proposed Base Program and Additional Rules
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                                                                                          Base       Additional
               Rule #                                     Title                          program        rules
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Section 49.123.....................  General provisions.............................            X
Section 49.124.....................  Rule for limiting visible emissions............            X
Section 49.125.....................  Rule for limiting the emissions of particulate             X
                                      matter.
Section 49.126.....................  Rule for limiting fugitive particulate matter              X
                                      emissions.
Section 49.127.....................  Rule for woodwaste burners.....................                          X

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Section 49.128.....................  Rule for limiting particulate matter emissions                           X
                                      from wood products industry sources.
Section 49.129.....................  Rule for limiting emissions of sulfur dioxide..            X
Section 49.130.....................  Rule for limiting sulfur in fuels..............            X
Section 49.131.....................  General rule for open burning..................            X
Section 49.132.....................  Rule for open burning permits..................                          X
Section 49.133.....................  Rule for agricultural burning permits..........                          X
Section 49.134.....................  Rule for forestry burning permits..............                          X
Section 49.135 or..................  Rule for emissions detrimental to human health             X
                                      and welfare or.
Section 49.136.....................  Tribal Alternative Rule........................                          X
                                     Rule for emissions detrimental to persons or
                                      property, cultural or traditional resources.
Section 49.137.....................  Rule for air pollution episodes................            X
Section 49.138.....................  Rule for the registration of air pollution                 X
                                      sources and the reporting of emissions.
Section 49.139.....................  Rule for non-Title V operating permits.........            X
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    The modular approach provides flexibility to promulgate provisions 
where EPA will have adequate resources to carry out the FIP, including 
situations where Tribes assist EPA in implementation of FIP provisions. 
For certain rules that are best administered at a local level, EPA is 
proposing to establish requirements for a reservation and to delegate 
to the affected Tribal government the authority to administer that 
particular program, as discussed below. A delegation agreement will 
authorize a Tribe, with Federal assistance, to administer the Federal 
program but refer unresolved noncompliance matters to EPA for Federal 
enforcement. This approach allows EPA to establish requirements 
tailored to local needs that can be effectively implemented through a 
partnership between EPA and the Tribe.
    With respect to the rule that would regulate emissions detrimental 
to persons and property, EPA is proposing two versions. One version of 
the detrimental emissions regulation, proposed as Sec. 49.135, would 
allow EPA to address situations where emissions would be injurious to 
human health and welfare. The Tribal alternative rule, Sec. 49.136, 
would provide additional protection for situations where emissions 
would unreasonably interfere with the enjoyment of life or property, or 
would damage unique Tribal cultural or traditional resources. The 
second, more inclusive regulation (Sec. 49.136) is proposed for 
reservations where EPA, based on a request from the relevant Tribe, has 
considered and determined that regulatory authority to address such 
situations is appropriate and will generally include agreements with 
the Tribe to assist EPA in implementing the programs. EPA requests 
comment on this proposed determination. EPA developed Sec. 49.136 to 
address the Tribes' unique concern regarding the holistic concept of 
health and welfare, which was emphasized by Tribes during consultation. 
In this rulemaking, EPA is proposing that Sec. 49.136 will apply only 
on two reservations, the Nez Perce Reservation and the Umatilla Indian 
Reservation, as shown in Table 2. Section 49.135 will apply on all 
other reservations in Idaho, Oregon, and Washington. EPA is seeking 
comment on this proposed approach. If EPA does not finalize 
Sec. 49.136, Sec. 49.135 will be promulgated for the Nez Perce and 
Umatilla Indian Reservations.
    Finally, EPA is proposing three additional open burning permit 
programs: general open burning (Sec. 49.132), agricultural open burning 
(Sec. 49.133), and forestry open burning (Sec. 49.134). These rules 
differ from the general open burning rule proposed in Sec. 49.131 by 
requiring that any person who conducts a regulated open burn to obtain 
and comply with a permit. These permit programs are proposed only for 
reservations where EPA, in consultation with the relevant Tribe, has 
determined that the programs are appropriate and will generally include 
delegations of authority from EPA to the Tribe for implementation of 
the Federal rules upon promulgation, as discussed below.

D. Delegation

    The modular approach will allow Tribes that are building air 
quality programs to gain experience by assisting with implementation of 
the Federal rules before they decide to adopt their own rules and 
regulations. EPA recognizes that a Tribe may choose not to develop a 
Tribal air program under Tribal law for approval under the TAR, but may 
still like to assist EPA in implementing the Federal air quality 
requirements for its reservation and to build its capacity in managing 
an air quality program. The rule proposed here at Sec. 49.122 provides 
Tribal governments the alternative of seeking delegation from EPA of 
the authority to administer all or some of the Federal rules that have 
been promulgated for their reservation. These rules would allow EPA to 
delegate distinct and severable Federal regulations to a Tribe for 
implementation, without requiring a Tribe to take on all aspects of the 
Federal air regulations. For example, if a Tribe wished to implement 
the open burning permit program, or run the source registration 
program, EPA could delegate responsibility to the Tribe for just those 
regulations. The process EPA would follow to delegate the 
administration of a Federal program to a Tribal government is similar 
to the process EPA follows to delegate programs to State governments. 
As part of the process for delegating the authority to administer one 
or more of the rules, the Tribe and EPA would enter into an agreement 
that specifies how the governments would work together for the 
effective implementation of the particular CAA program(s) at issue on 
that reservation.
    The delegation from EPA to a Tribe to implement a specific Federal 
air rule proposed in these rules is to be distinguished from EPA's 
interpretation that the CAA is a delegation of Federal authority from 
Congress to Tribes, as described in the TAR at 63 FR 7254-7259. It is 
EPA's position that the CAA TAS provision constitutes a statutory 
delegation of authority to eligible Tribes over their reservations. As 
described above, the TAR established how EPA can approve Tribal 
eligibility applications for a Tribe to operate a CAA program under 
Tribal law. When

[[Page 11752]]

EPA approves a Tribal eligibility application and approves a TIP, the 
approved Tribe will manage the approved air quality program under 
Tribal law, and the approved Tribal program is Federally enforceable. 
In contrast, the delegation approach proposed in these rules provides 
for EPA to administratively delegate its own Federal authority to a 
qualified Tribe to implement specified Federal rules. EPA has well-
established processes for delegating its Federal authority to States 
for administering Federal rules under the CAA, such as for conducting 
new source review under 40 CFR part 52, at 40 CFR 52.21(u); and for 
issuing Federal operating permits under 40 CFR part 71, at 40 CFR 
71.4(j). With delegated Federal programs, the Federal requirement 
administered by the delegated Tribe is subject to enforcement by EPA, 
not the Tribe, under Federal law.
    EPA believes that the modular approach will provide the maximum 
flexibility for EPA and Tribes to work in partnership to ensure that 
the goals and objectives of the CAA will be met on Indian reservations 
and to make real the principles set out in the TAR. It will allow EPA 
and Tribes to jointly manage air quality on Indian reservations through 
a combination of TIP and FIP elements, and delegations to Tribes of FIP 
elements. Under this modular approach, Tribes may adopt and submit 
severable elements of TIPs that replace elements of FIPs while leaving 
in place FIP provisions that Tribes are not yet willing or able to take 
on.

II. Basis for Proposed Action

A. EPA's Authority To Promulgate a FIP in Indian Country

    EPA's conclusion that CAA jurisdiction over Indian country 
generally lies with EPA and Federally recognized Indian Tribes leads to 
the conclusion that a regulatory gap exists with regard to air 
pollution sources there. EPA is proposing to take an initial step 
towards remedying this gap with a FIP for each Indian reservation in 
Idaho, Oregon, and Washington. These FIPs will establish new Federal 
requirements where no general air pollution control program other than 
nationally applicable rules is currently in effect.
    As described above, the CAA Amendments of 1990 greatly expanded the 
role of Indian Tribes in implementing the provisions of the CAA in 
Indian country. Section 301(d) of the CAA authorizes EPA to issue 
regulations specifying the provisions of the CAA for which Indian 
Tribes may be treated in the same manner as States. See CAA sections 
301(d)(1) and (2). Based on that authority, EPA promulgated the TAR.
    In the preamble to the proposed and final TAR, EPA discusses 
generally the legal basis under the CAA by which EPA and Tribes are 
authorized to regulate sources of air pollution in Indian country. EPA 
concluded that the CAA constitutes a statutory delegation of Federal 
authority to eligible Indian Tribes over all sources on their 
reservations. Under the CAA, Tribes are allowed to develop air programs 
covering their reservations and non-reservation areas within their 
jurisdiction for submission to EPA for approval in the same manner as 
States. 63 FR 7254-7259; 59 FR 43958-43960.
    EPA also concluded that the CAA authorizes EPA to protect air 
quality throughout Indian country, including on fee lands, until a 
Tribe is approved for TAS and Tribal programs are approved. See 63 FR 
7262; 59 FR 43960-43961 (citing to CAA sections 101(b)(1), 301(a), and 
301(d)); see also Federal Operating Permits Program, Final Rule, 64 FR 
8251-8254. EPA decided that in areas of Indian country where no Tribal 
program has been explicitly approved by EPA, a gap exists in air 
quality requirements under the CAA that EPA is authorized to fill. In 
fact, in promulgating the TAR, EPA specifically stated that, pursuant 
to the discretionary authority explicitly granted to EPA under sections 
301(a) and 301(d)(4) of the CAA, EPA:

shall promulgate without unreasonable delay such Federal 
implementation plan provisions as are necessary or appropriate to 
protect air quality, consistent with the provisions of sections 
301(a) and 301(d)(4), if a Tribe does not submit a Tribal 
implementation plan meeting the completeness criteria of 40 CFR Part 
51, Appendix V, or does not receive EPA approval of a submitted 
Tribal implementation plan. 63 FR 7273 (codified at 40 CFR 
49.11(a)).\4\
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    \4\ In the preamble to the final TAR, EPA explained that it 
believed it was inappropriate to treat Tribes in the same manner as 
States with respect to section 110(c) of the CAA, that directs EPA 
to promulgate a FIP within two years after EPA finds a State has 
failed to submit a complete State plan or within two years after EPA 
disapproval of a State plan. Although EPA is not required to 
promulgate a FIP within the two-year period for Tribes, EPA 
promulgated 40 CFR 49.11(a) to clarify that EPA will continue to be 
subject to the basic requirement to issue any necessary or 
appropriate FIP provisions for affected Tribal areas within a 
reasonable time. See 63 FR 7264-7265.

    It is EPA's policy to aid Tribes in developing comprehensive and 
effective air quality management programs by providing technical and 
other assistance to them. EPA recognizes, however, that just as it 
required many years to develop the current State and Federal programs 
to cover State areas, it will also require time to develop Tribal and 
Federal programs to cover reservations and other areas of Indian 
country. 59 FR 43961.
    Many of the Tribal governments in Idaho, Oregon, and Washington 
have expressed a strong interest in seeking authority under the TAR to 
regulate sources of air pollution located on their reservations and in 
non-reservation areas under Tribal jurisdiction pursuant to the CAA. 
Based on discussions with the Tribes, however, EPA believes that it 
will be some time before most Tribes will be ready to seek authority 
under the TAR to assume CAA planning and regulatory responsibilities 
and that, when they do, the Tribes are likely to build their capacity 
and seek authority for the various CAA programs over time, rather than 
all at once. Through government-to-government consultation between EPA 
and Tribal governments, the Tribes have advised EPA that they support 
EPA's efforts to impose such controls on Indian reservation air 
pollution sources as are necessary or appropriate to protect air 
quality in the interim.
    Therefore, in these proposed FIPs, EPA is exercising its authority 
under sections 301(a) and 301(d)(4) of the CAA and 40 CFR 49.11(a) to 
promulgate FIPs in order to remedy an existing regulatory gap under the 
CAA with respect to Indian reservations located in the States of Idaho, 
Oregon, and Washington. Although many facilities in these areas have 
historically followed State, regional, and local government air quality 
programs, with only one exception EPA has never approved those 
governments to exercise regulatory authority under the CAA on any 
Indian reservations.\5\ It is EPA's position that absent an explicit 
finding of jurisdiction and approval in Indian country, those 
governments lack authority under the CAA over the sources or their 
owners or operators for compliance or enforcement purposes. Given the 
longstanding air quality concerns in some areas and the need to 
establish requirements in all areas to maintain CAA standards, EPA 
believes that the proposed FIP provisions are appropriate to protect 
air quality on the identified reservations.
---------------------------------------------------------------------------

    \5\ For purposes of approving the Washington Department of 
Ecology (WDOE) operating permits program under 40 CFR Part 70, EPA 
explicitly found that WDOE demonstrated that the Washington Indian 
Puyallup Land Claims Settlement Act, 25 U.S.C. 1773, gives explicit 
authority to State and local governments to administer their 
environmental laws on all non-trust lands within the 1873 Survey 
Area of the Puyallup Reservation in Tacoma, Washington.

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[[Page 11753]]

B. Relation to Tribal Authority Rule

    The TAR provides the framework for Tribes to obtain authority to 
administer Federally-approved and Federally-enforceable programs under 
the CAA. See 59 FR 43956, August 25, 1994 (proposed rule) and 63 FR 
7254, February 12, 1998 (final rule). Thus, each Federally recognized 
Indian Tribe now has the option of assuming responsibility for the 
development and implementation of Federally-enforceable air quality 
programs under the CAA by seeking EPA approval of a Tribal air program 
established under Tribal law, i.e., a TIP. Until a Federally-approved 
implementation plan that covers a source is in place, however, EPA has 
the authority to regulate the source under the CAA. The regulations 
proposed here also offer another alternative. Specifically, Tribes in 
Idaho, Oregon, or Washington may seek delegation from EPA to assist EPA 
in implementing a Federal regulation (FIP).

III. Summary of FIP Provisions

A. Origin of the Rules

    EPA's intention is to promulgate Federal regulations that reflect 
an important initial step to fill the ``regulatory gap'' on Indian 
reservations in Idaho, Oregon, and Washington. As described above, EPA 
has been evaluating, in consultation with affected Indian Tribes, the 
activities and sources of air pollution that threaten air resources. 
EPA believes it is appropriate to focus its efforts initially on 
developing FIPs for the most prevalent sources that cause or contribute 
to identified air quality problems.
    However, EPA does not intend, nor does it expect, these gap-filling 
regulations to impose significantly different regulatory burdens upon 
industry or residents within reservations than those imposed by the 
rules of State and local air agencies in the surrounding areas. This 
approach is intended to formally ``level the playing field''. In other 
words, EPA intends that people living within reservation boundaries 
receive equivalent air quality protection, and that emissions from 
sources located within reservations are controlled to levels similar to 
those of sources located outside the reservations.
    To do this, EPA Region 10 first determined what types of air 
pollution sources and pollutant-emitting activities were most prevalent 
on Indian reservations in Idaho, Oregon, and Washington. Then EPA 
Region 10 reviewed the State and local rules from air pollution 
agencies throughout the western United States that are included in SIPs 
that EPA has approved for those types of sources and activities. The 
gap-filling rules proposed here are generally based upon the aspects of 
these State and local rules most relevant to the air polluting 
activities on reservations in the Pacific Northwest, and follow a level 
of control of a typical air quality control program. The proposed 
regulations are not as restrictive as the most stringent State and 
local rules for the same class of sources or activities; likewise, they 
are not as lenient as the least stringent of the State and local rules. 
Nor do the proposed regulations look like State or local rules because 
they use the Federal regulatory structure and are written in a ``plain 
language'' format in accordance with the Plain Language Executive 
Memorandum, dated June 1, 1998. EPA invites your comments on ways to 
make these proposed rules easier to understand. Included in the docket 
for this proposed rulemaking are copies of all the State and local 
rules that EPA considered in this process, as well as a technical 
support document with summary tables showing the State and local agency 
levels of control as compared with the proposed regulations and a 
description of why EPA believes the proposed rules are appropriate.
    Each of the rules proposed as part of the Base Program to be 
applicable on all reservations in Idaho, Oregon and Washington either 
addresses particular sources, activities or pollutants identified by 
EPA as the most prevalent and in need of regional regulation or 
implements an important structural aspect of the CAA regulatory scheme 
for Indian reservations. A number of the Base Program rules are 
proposed in order to protect air quality from the potential for 
significant deterioration caused by the release of particulate matter, 
which is regulated by a NAAQS under section 109 of the CAA (see 
Sec. 49.124 Rule limiting visible emissions; Sec. 49.125 Rule for 
limiting the emissions of particulate matter; Sec. 49.126 Rule for 
limiting fugitive particulate matter emissions; and Sec. 49.129 General 
rule for open burning). Two Base Program rules would protect air 
quality from the potential for significant deterioration caused by the 
release of sulfur dioxide, which is regulated by a NAAQS under section 
109 of the CAA. These rules would limit the amount of sulfur dioxide 
emitted to the atmosphere from certain air pollution sources in order 
to control ground-level concentrations of sulfur dioxide (see 
Sec. 49.130 Rule for limiting emissions of sulfur dioxide and 
Sec. 49.131 Rule for limiting sulfur in fuels). The Base Program would 
also include a number of provisions to establish the infrastructure of 
a CAA regulatory program. Provisions at Sec. 49.122 describe how EPA 
would process delegation requests from a Tribe; Sec. 49.123 would 
define the terms that are used throughout the FIPs; Sec. 49.135 would 
establish a process for EPA to limit emissions that are detrimental to 
human health and welfare; Sec. 49.137 would establish the measures EPA 
could take to address excessive buildup of certain air pollutants 
during periods of stagnant air; Sec. 49.138 would provide for the 
registration of air pollution sources and reporting of emissions so 
that EPA can maintain a current and accurate record of air pollution 
sources within an Indian reservation; and Sec. 49.139 would set up a 
permitting program for non-Title V sources that would establish 
federally-enforceable requirements.
    Further, EPA is proposing certain Additional Rules to be applicable 
on specified reservations where EPA has determined, in consultation 
with the relevant Tribe, that such additional regulatory measures are 
appropriate. During the course of its consultation with Tribes and 
analysis of regulatory needs, EPA attempted to identify instances where 
specific sources or pollution control needs beyond those addressed in 
the Base Program exist on particular reservations. For example, certain 
types of wood products industries, or certain practices of agricultural 
or forestry burning, may be prevalent on particular reservations and 
may be important contributors to air pollution concerns. In order to 
address these concerns, EPA has developed the current set of Additional 
Rules. As an initial step, EPA is proposing to promulgate some or all 
of these rules for those reservations where relevant sources have been 
identified as prevalent and where particular Tribes have indicated an 
interest in the additional regulation. For example, at the request of 
specific Tribes, EPA considered and is now proposing to promulgate a 
rule that would provide additional protections against emissions 
detrimental to their unique Tribal cultural or traditional resources. 
EPA considers this approach an appropriate first step in prioritizing 
its efforts to address these concerns consistent with CAA 
responsibilities. EPA anticipates that relevant Tribes may choose to 
assist in the implementation of the Additional Rules through the 
delegation process described above. EPA is continuing to consult with 
Tribes regarding sources of air pollution and air regulatory needs on 
their reservations and may propose some or all of the Additional Rules, 
or

[[Page 11754]]

may propose further additional rules, for reservations as needs and 
priorities are identified. As described in section I.C, the current 
package of Additional Rules includes Sec. 49.127 Rule for woodwaste 
burners; Sec. 49.128 Rule for limiting particulate matter emissions 
from wood products industry sources; Sec. 49.132 Rule for open burning 
permits, Sec. 49.133 Rule for agricultural burning permits, Sec. 49.134 
Rule for forestry burning permits; and Sec. 49.136 Rule for emissions 
detrimental to persons or property, cultural or traditional resources. 
With this proposal, EPA is seeking comment on these Additional Rules, 
whether the criteria EPA used for selecting the Additional Rules are 
appropriate, and whether EPA has appropriately applied those criteria 
in this proposal.
    In developing these regulations EPA also had two other objectives 
in mind, in addition to filling the regulatory gap. First, EPA is 
proposing only those regulations that it believes it has the resources 
to implement and enforce. To the extent practicable, these regulations 
minimize the implementation burdens upon EPA and the regulated 
community while establishing requirements that are unambiguous and 
enforceable. Second, EPA anticipates that these regulations can serve 
as models for Tribes as they develop their own air quality programs. To 
that end, the regulations are designed so they can be implemented by a 
small air pollution agency, and can be readily delegated to a Tribe for 
implementation.

B. Rule Summaries

    These proposed rules would establish emission limitations and other 
requirements for air pollution sources located within Indian 
reservations in Idaho, Oregon, and Washington to ensure a basic level 
of air pollution control that protects public health and welfare. The 
following paragraphs summarize each of the proposed rules. The actual 
rule requirements being proposed are set forth in 40 CFR part 49, 
subpart C.
    Section 49.122--Delegation of authority to a Tribe. This section 
would provide a mechanism for delegating to a Tribe, for 
administration, all or a portion of the FIP rules that apply within a 
reservation. It sets out the process a Tribe must follow to request 
delegation, how that delegation will be accomplished, and how the 
public and regulated sources will be informed of the delegation. The 
Regional Administrator will not delegate authority to a Tribe for areas 
for which EPA believes the Indian reservation status is in question. 
This section would not affect the requirements established under the 
TAR for Tribal applications to administer EPA-approved Tribal CAA 
programs or requirements for delegation of other EPA air programs such 
as Part 71 operating permits or PSD permits under 40 CFR 52.21.
    Section 49.123--General provisions. This section includes 
definitions of the terms used in these rules as well as general 
provisions regarding requirements for emission testing, monitoring, 
recordkeeping, reporting, the use of credible evidence in compliance 
certifications and for establishing violations, and the incorporation 
by reference of the American Society for Testing and Materials Methods 
referenced in this rulemaking.
    Section 49.124--Visible emissions. Section 49.124 would restrict 
visible emissions from air pollution sources to 20% opacity, averaged 
over 6 consecutive minutes, as measured by EPA Method 9. This rule 
would not apply to certain sources, such as: Open burning; agricultural 
activities; non-commercial smoke houses; sweat houses or lodges; smudge 
pots; furnaces and boilers used exclusively to heat residential 
buildings with four or fewer units; fugitive dust from public roads 
owned or maintained by any Federal, Tribal, State or local government; 
and emissions from fuel combustion in mobile sources. The visible 
emissions from an oil-fired boiler or solid fuel-fired boiler that 
continuously measures opacity with a continuous opacity monitoring 
system (COMS) may exceed the 20% opacity limit during start-up, soot 
blowing, and grate cleaning for a single period of up to 15 minutes in 
any 8 consecutive hours, but must not exceed 60% opacity at any time.
    All of the State and local air agency rules that EPA reviewed 
contain a 20% opacity limit. Most of these visible emissions rules 
allow a 3-minute exception over a 60-minute period. However, EPA 
decided to use the method with an average opacity over a 6-minute 
interval to be consistent with the only Federally promulgated opacity 
measurement method, which is EPA Method 9, found at 40 CFR Part 60, 
Appendix A. This method is used to determine compliance with Federal 
New Source Performance Standards for numerous categories of industrial 
sources. This rule does not require any person to conduct Method 9 
opacity readings or to install a COMS unless specifically required by 
the Regional Administrator in an information request pursuant to 
section 114 of the Act, a permit to construct, or permit to operate.
    Section 49.125--Particulate matter. Particulate matter emissions 
from combustion (except for wood-fired boilers) and process sources 
would be limited to an average of 0.23 grams per dry standard cubic 
meter (0.1 grains per dry standard cubic foot), corrected to 7% oxygen 
(for combustion sources), during any 3-hour period. Particulate matter 
emissions from wood-fired boilers would be limited to an average of 
0.46 grams per dry standard cubic meter (0.2 grains per dry standard 
cubic foot), corrected to 7% oxygen, during any 3-hour period. 
Woodwaste burners, furnaces, and boilers used exclusively for space 
heating with a rated heat input capacity of less than 400,000 British 
thermal units (Btu) per hour, non-commercial smoke houses, sweat houses 
or lodges, and mobile sources would be exempt from this rule.
    For combustion sources and wood-fired boilers, the particulate 
matter limit in this rule is the same as the limit in most of the State 
and local agency air rules that EPA reviewed. For process sources, many 
State and local air agencies employ process weight rate tables in their 
rules to limit particulate matter. EPA is proposing to use a 
concentration limit rather than a process weight rate table for this 
rule to be consistent with the EPA method for measuring particulate 
matter, which is EPA Method 5, found at 40 CFR Part 60, Appendix A. The 
particulate matter limit for process sources in this rule equals the 
control of all but one of the concentration-based rules that EPA 
reviewed. This rule does not require any person to conduct a Method 5 
source test unless specifically required by the Regional Administrator 
in an information request pursuant to section 114 of the Act, a permit 
to construct, or permit to operate.
    Section 49.126--Fugitive particulate matter. The owner or operator 
of any source of fugitive particulate matter emissions would be 
required to take all reasonable precautions to prevent fugitive 
particulate matter emissions and to maintain and operate the source to 
minimize these emissions. A person subject to this rule would be 
required to periodically survey the air pollution source to determine 
if there are sources of fugitive particulate matter emissions, 
determine and document in a written plan the reasonable precautions 
that would be taken to prevent fugitive particulate matter emissions, 
and then implement the plan. This rule would not apply to activities 
associated with single-family residences or residential buildings with 
four or fewer dwelling units, agricultural activities, or public roads 
owned or maintained by any

[[Page 11755]]

Federal, Tribal, State, or local government.
    All but one of the State and local air agency rules that EPA 
reviewed have rules for controlling fugitive particulate matter. All of 
these rules contain reasonable precautions provisions similar to the 
ones in Sec. 49.126. A few rules control fugitive emissions beyond 
reasonable precautions, but these rules are primarily for nonattainment 
areas so EPA believes they are not appropriate here because the 
reservations at issue are generally not designated nonattainment for 
PM10.
    Section 49.127--Woodwaste burners. Section 49.127 would phase out 
the operation of woodwaste burners (commonly known as wigwam or teepee 
burners). In the interim, visible emissions from a woodwaste burner 
would not be allowed to exceed 20% opacity, averaged over 6 consecutive 
minutes, as measured by EPA Method 9, and only wood waste generated 
onsite could be burned or disposed of in the woodwaste burner. The 
owner or operator would be required to submit a plan for shutting down 
the woodwaste burner to EPA within 180 days after the effective date of 
these rules and to shut down and dismantle the woodwaste burner by no 
later than 2 years after the effective date of these rules. Sources 
could apply to EPA for an extension of the 2-year deadline if there is 
no reasonably available alternative method of disposal for the wood 
waste.
    EPA recognizes that on some reservations particulate matter from 
woodwaste burners can contribute to air quality deterioration. This 
section would be promulgated in Part 49 Subpart M on reservations only 
where EPA finds, in consultation with the relevant Tribe, that it is 
appropriate to establish this requirement in order to control air 
pollution. This section is designed to protect air quality from the 
potential for significant deterioration caused by the release of 
particulate matter, which is regulated by a NAAQS under section 109 of 
the CAA. This rule would limit the amount of particulate matter emitted 
to the atmosphere. EPA will base the determination of whether this rule 
is appropriate for a particular reservation on a number of factors, 
including the prevalence of these sources on the reservation, the 
significance of the resulting pollution on air quality in the area, and 
the absence of Tribal laws to control the pollution. In this 
rulemaking, EPA is proposing that Sec. 49.127 will apply only on the 
Nez Perce Reservation and the Colville Indian Reservation, as shown in 
Table 2.
    Most woodwaste burners under programs of State and local air 
agencies have already been shut down. All but one of the State and 
local air agency rules that control the woodwaste burners that still 
exist have a 20% opacity limit. Most of these rules use an opacity 
measurement method with a 3-minute exception over a 60-minute period. 
However, EPA is proposing use of the method with an average opacity 
over a 6-minute interval to be consistent with the only Federally 
promulgated opacity measurement method, which is EPA Method 9, found at 
40 CFR Part 60, Appendix A. This method is used to determine compliance 
with Federal New Source Performance Standards for numerous categories 
of industrial sources. This rule does not require any person to conduct 
Method 9 opacity readings unless specifically required by the Regional 
Administrator in an information request pursuant to section 114 of the 
Act, a permit to construct, or permit to operate.
    Section 49.128--Particulate matter emissions from wood products 
industry sources. Section 49.128 would apply to any person who owns or 
operates any of the following wood products industry sources: veneer 
manufacturing operations, plywood manufacturing operations, 
particleboard manufacturing operations, or hardboard manufacturing 
operations. This section would impose limits on the amount of 
particulate matter that could be emitted from such sources, in addition 
to the particulate matter limits for combustion and process sources in 
Sec. 49.125. The reference method for determining compliance with the 
particulate matter limits is EPA Method 202, found at 40 CFR part 51, 
Appendix M. This rule does not require any person to conduct a Method 
202 source test unless specifically required by the Regional 
Administrator in an information request pursuant to section 114 of the 
Act, a permit to construct, or permit to operate.
    In Part 49 Subpart M, EPA is proposing this requirement on 
reservations where EPA finds, in consultation with the relevant Tribe, 
that it is appropriate to establish this requirement in order to 
control air pollution. This section is appropriate to protect air 
quality from the potential for significant deterioration caused by the 
release of particulate matter, which is regulated by a NAAQS under 
section 109 of the CAA. This rule would limit the amount of particulate 
matter emitted to the atmosphere from those specific wood products 
industry sources. EPA will base this determination on a number of 
factors, including the prevalence of these sources on the reservation, 
the significance of the resulting pollution on air quality in the area, 
and the absence of Tribal laws to control the pollution. In this 
rulemaking, EPA is proposing that Sec. 49.128 will apply only on the 
Nez Perce Reservation and the Colville Indian Reservation, as shown in 
Table 2.
    One State has both State-wide rules and area-specific rules to 
control particulate matter emissions from the wood products industry. 
The limits that EPA is proposing in this rule closely resembles the 
area-specific rules for that State.
    Section 49.129--Sulfur dioxide. This rule would restrict sulfur 
dioxide emissions from combustion and process sources to no more than 
an average of 500 parts per million by volume, on a dry basis, and 
corrected to 7% oxygen (for combustion sources), during any 3-hour 
period. Furnaces and boilers used exclusively for space heating with a 
rated heat input capacity of less than 400,000 Btu per hour and mobile 
sources would be exempt from this rule.
    This rule is appropriate to protect air quality from the potential 
for significant deterioration caused by the release of sulfur dioxide, 
which is regulated by a NAAQS under section 109 of the CAA. This 
section would limit the amount of sulfur dioxide emitted to the 
atmosphere from certain air pollution sources in order to control 
ground-level concentrations of sulfur dioxide. All of the 
concentration-based rules that EPA reviewed have one of two sulfur 
dioxide concentration limits: 500 ppm averaged over a 3-hour period or 
1,000 ppm average over a 1-hour period. EPA is proposing to use the 500 
ppm, 3-hour average limit because it does a better job of accounting 
for the short-term variability in process emissions and in the sulfur 
content of fuels. The reference methods for determining compliance with 
the SO2 limits are EPA Methods 6, 6A, 6B, and 6C as specified in the 
applicability section of each Method. These methods are found at 40 CFR 
60, Appendix A. This rule does not require any person to conduct Method 
6, 6A, 6B, or 6C source tests or to install a continuous emissions 
monitoring system (CEMS) unless specifically required by the Regional 
Administrator in an information request pursuant to section 114 of the 
Act, a permit to construct, or permit to operate.
    Section 49.130--Sulfur content of fuels. This section would apply 
to any person who sells, distributes, uses, or makes available for use, 
any fuel oil, coal, solid fuel, or gaseous fuel on Indian reservations. 
This rule restricts the sulfur content of the previously

[[Page 11756]]

listed types of fuels. Fuels used exclusively for mobile sources, such 
as automotive or marine diesel fuel, would be exempt from this rule. A 
person subject to this rule would be required to demonstrate compliance 
through recordkeeping and/or continuous monitoring or sampling. Owners 
or occupants of a single-family residence and the owners or managers of 
a residential building with four or fewer units are not subject to the 
sulfur content recordkeeping requirements if the furnace fuel is 
purchased from a licensed fuel distributor.
    This section is appropriate to protect air quality from the 
potential for significant deterioration caused by the release of sulfur 
dioxide, which is regulated by a NAAQS under section 109 of the CAA. 
Fuel combustion sources can emit sulfur dioxide. This section would 
limit the amount of sulfur in fuels to control the amount of sulfur 
dioxide emitted to the atmosphere and minimize ground-level 
concentrations of sulfur dioxide.
    The majority of the State and local air agency rules that EPA 
reviewed contain the same level of control that EPA is proposing for 
the sulfur content in each type of fuel.
    Section 49.131--Open burning. This rule would prohibit certain 
materials from being open burned, such as: Garbage, dead animals, 
junked motor vehicles, tires or rubber materials, plastics, asphalt or 
composition roofing, tar, tarpaper, petroleum products, paints, paper 
or cardboard other than what is necessary to start a fire, lumber or 
timbers treated with preservatives, construction debris or demolition 
waste, pesticides, herbicides, hazardous wastes, or any material other 
than natural vegetation that normally emits dense smoke or noxious 
fumes when burned (see rule for a complete list). The following 
situations would be exempt from certain provisions of this rule: Fires 
set for cultural or traditional purposes, including fires within 
structures such as sweat houses or lodges; fires set for recreational 
purposes, provided that no prohibited materials are burned; the burning 
of combustible household waste in burn barrels at single-family 
residences or residential buildings with four or fewer dwelling units; 
with permission from the Regional Administrator, open outdoor fires 
used by qualified personnel to train firefighters in the methods of 
fire suppression and fire fighting techniques, provided that training 
fires are not allowed to smolder after the training session has 
terminated; with permission from the Regional Administrator, one open 
outdoor fire each year to dispose of fireworks and associated packaging 
materials; and open burning for the disposal of diseased animals or 
infested material by order of a public health official. All open 
burning, except for cultural and traditional purposes, would be 
prohibited under the following circumstances: The Regional 
Administrator declares a burn ban due to deteriorating air quality; the 
National Weather Service issues an air stagnation advisory; or the 
Regional Administrator declares an air pollution alert, air pollution 
warning, or air pollution emergency. This section also describes the 
practices a person subject to this rule must follow in conducting an 
open burn.
    This section is appropriate to protect air quality from the 
potential for significant deterioration caused by the release of 
particulate matter, which is regulated by a NAAQS under section 109 of 
the CAA. This rule would limit the amount of particulate matter emitted 
to the atmosphere. All of the State and local air agency rules that EPA 
examined have an open burning rule with procedures, conditions, 
prohibitions and exemptions similar to those in the rule that EPA is 
proposing.
    Section 49.132--Open burning permits. Any person who conducts an 
open burn would be required to: (1) Apply for and obtain a permit for 
each open burn; (2) have the permit available on site during the open 
burn; (3) conduct the open burn in accordance with the terms and 
conditions of the permit; and (4) comply with the General rule for open 
burning (Sec. 49.131) or the EPA-approved Tribal open burning rules in 
a TIP, as applicable. The following activities are exempt: Fires set 
for cultural or traditional purposes, including fires within structures 
such as sweat houses or lodges; fires for recreational purposes, 
provided that no prohibited materials are burned; forestry or 
silvicultural burning; agricultural burning; and the burning of 
combustible household waste in burn barrels at single family residences 
or residential buildings with four or fewer dwelling units. The 
Regional Administrator shall take into consideration the size, 
duration, and location of the proposed open burn, the current and 
projected air quality conditions, forecasted meteorological conditions, 
and other scheduled burning activities in the surrounding area in 
determining whether to issue the permit.
    This section is designed to protect air quality from the potential 
for significant deterioration caused by the release of particulate 
matter, which is regulated by a NAAQS under section 109 of the CAA. EPA 
is proposing to promulgate this rule only for reservations where EPA 
finds, in consultation with the relevant Tribe, that the rule is 
appropriate. EPA will base the determination of whether this rule is 
appropriate for a particular reservation on a number of factors, 
including the prevalence of these activities on the reservation, the 
significance of the resulting pollution on air quality in the area and 
adjacent airsheds, and the absence of Tribal laws to control the 
pollution. EPA anticipates that Tribes will seek EPA delegation to 
implement this rule on their reservation. In this rulemaking, EPA is 
proposing that Sec. 49.132 will apply only on the Nez Perce Reservation 
and the Umatilla Indian Reservation, as shown in Table 2.
    Most of the State and local air agency rules that EPA reviewed have 
a permitting program for open burning with procedures, conditions, 
prohibitions and exemptions similar to those in the rule that EPA is 
proposing.
    Section 49.133--Agricultural burning permits. Any person who 
conducts an agricultural burn would be required to: (1) Apply for and 
obtain a permit for each agricultural burn; (2) have the permit 
available on site during the agricultural burn; (3) conduct the burn in 
accordance with the terms and conditions of the permit; and (4) comply 
with the General rule for open burning (Sec. 49.131) or the EPA-
approved Tribal open burning rules in a TIP, as applicable.
    This section is designed to protect air quality from the potential 
for significant deterioration caused by the release of particulate 
matter, which is regulated by a NAAQS under section 109 of the CAA. 
This rule would limit the amount of particulate matter emitted to the 
atmosphere from unregulated agricultural burning activities. EPA is 
proposing to promulgate this rule only for reservations where EPA 
finds, in consultation with the relevant Tribe, that the rule is 
appropriate. EPA will base the determination of whether this rule is 
appropriate for a particular reservation on a number of factors, 
including the prevalence of agricultural burning activities on the 
reservation, the significance of the resulting pollution on air quality 
in the area and adjacent airsheds, and the absence of Tribal laws to 
control the pollution. EPA anticipates that Tribes will seek EPA 
delegation to implement this rule on their reservation. In this 
rulemaking, EPA is proposing that Sec. 49.133 will apply only on the 
Nez Perce Reservation and the Umatilla Indian Reservation, as shown in 
Table 2.
    Two of the States, three local air agencies, and one Tribe in 
Region 10 have established a permitting program

[[Page 11757]]

for agricultural burning with procedures, conditions, prohibitions, and 
exemptions similar to those in the rule that EPA is proposing.
    Section 49.134--Forestry burning permits. Any person who conducts a 
forestry burn would be required to: (1) Apply for and obtain a permit 
for each forestry burn; (2) have the permit available on site during 
the forestry burn; (3) conduct the burn in accordance with the terms 
and conditions of the permit; and (4) comply with the General rule for 
open burning (Sec. 49.131) or the EPA-approved Tribal open burning 
rules in a TIP, as applicable.
    This section is designed to protect air quality from the potential 
for significant deterioration caused by the release of particulate 
matter, which is regulated by a NAAQS under section 109 of the CAA. 
This rule would limit the amount of particulate matter emitted to the 
atmosphere from unregulated forestry burning activities. EPA is 
proposing to promulgate this rule only for reservations where EPA 
finds, in consultation with the relevant Tribe, that the rule is 
appropriate. EPA will base the determination of whether this rule is 
appropriate for a particular reservation on a number of factors, 
including the prevalence of forestry burning activities on the 
reservation, the significance of the resulting pollution on air quality 
in the area and adjacent airsheds, and the absence of Tribal laws to 
control the pollution. This rule would protect air quality on those 
reservations where forestry burning can contribute to air quality 
deterioration. EPA anticipates that Tribes will seek EPA delegation to 
implement this rule on their reservation. In this rulemaking, EPA is 
proposing that Sec. 49.134 will apply only on the Nez Perce Reservation 
and the Umatilla Indian Reservation, as shown in Table 2.
    Three of the States in Region 10 have established a permitting 
program for forestry burning with procedures, conditions, prohibitions, 
and exemptions similar to those in the rule that EPA is proposing.
    Sections 49.135 and 49.136--Emissions detrimental to persons or 
property. These are two alternatives to regulate emissions that are 
detrimental, and EPA would promulgate one of the rules for each 
reservation. For both Secs. 49.135 and 49.136, an owner or operator of 
an air pollution source would not be allowed to cause or allow the 
emission of any air pollutants, in sufficient quantities and of such 
characteristics and duration, that the Regional Administrator 
determines is, or would likely be, injurious to human health and 
welfare. The Tribal alternative rule Sec. 49.136 would include the same 
requirements as Sec. 49.135, and also authorize controls when the 
Regional Administrator determines an emission does, or is likely to, 
unreasonably interfere with the enjoyment of life or property or damage 
unique Tribal cultural or traditional resources. If the Regional 
Administrator makes such a determination under Sec. 49.135 or 
Sec. 49.136, EPA is proposing that the Regional Administrator would be 
able to require the source to install air pollution controls or to take 
reasonable precautions to reduce or prevent the emissions.
    Section 49.136 would provide additional protection of unique Tribal 
resources, and would be promulgated on reservations only where EPA 
finds, in consultation with the relevant Tribe, that the rule is 
appropriate. EPA will base this determination on a number of factors, 
including the prevalence of activities on the reservation which can 
affect unique Tribal cultural or traditional resources, the 
significance of the resulting pollution on those resources, and the 
absence of Tribal laws to control the pollution. In this rulemaking, 
EPA is proposing that the Tribal alternative rule Sec. 49.136 will 
apply only on the Nez Perce Reservation and the Umatilla Indian 
Reservation, as shown in Table 2.
    Most State and local air agency rules incorporate similar 
provisions prohibiting emissions detrimental to persons or property.
    Section 49.137--Air pollution episodes. Under Sec. 49.137, the 
Regional Administrator could issue warnings about air quality that 
would apply to any person who owns or operates an air pollution source 
on Indian reservations. An air pollution alert, air pollution warning, 
or air pollution emergency could be declared by the Regional 
Administrator whenever it is determined that the accumulation of air 
pollutants in any place is attaining, or has attained, levels that 
could lead to a threat to human health. These announcements would be 
broadcast on local television and radio stations in the affected area 
and posted on their websites. Announcements will also be posted on the 
EPA Region 10 website and, where possible, on the websites of Tribes 
within the affected area. These announcements will indicate that air 
pollution levels exist that could potentially be harmful to human 
health, describe actions that people can take to reduce exposure, 
request voluntary actions to reduce emissions from sources of air 
pollutants, and indicate that a ban on open burning is in effect. 
Voluntary or mandatory curtailment of emissions could be declared by 
the Regional Administrator.
    Most State and local air agencies have rules for air pollution 
episodes with procedures and conditions similar to those in the rule 
that EPA is proposing. Section 110(a)(2)(G) of the Clean Air Act and 40 
CFR part 51, Subpart H of EPA's regulations require agencies to have 
pre-planned procedures to follow in the event of an air pollution 
episode as well as adequate authorities to require sources to reduce 
emissions in order to protect public health. Section 49.137 is 
consistent with EPA's requirements for State and local agencies as set 
forth in 40 CFR part 51, Subpart H and the model procedures in 40 CFR 
part 51, Appendix L.
    Section 49.138--Registration of air pollution sources and reporting 
of emissions. Any person who owns or operates an air pollution source 
except those exempted below would be required to register the source 
with EPA. A person subject to this rule must register the air pollution 
source by no later than one year after the effective date of these 
rules. A new air pollution source must register within 90 days after 
beginning operation. Sources must re-register each year and provide 
updates on any changes since the previous registration. The following 
sources are exempt from this rule: mobile sources; single family 
residences, and residential buildings with four or fewer units; air 
conditioning units used for human comfort that are not subject to 
applicable requirements under Title VI of the CAA and do not exhaust 
air pollutants into the atmosphere from any manufacturing or industrial 
process; ventilating units used for human comfort that do not exhaust 
air pollutants into the atmosphere from any manufacturing or industrial 
process; furnaces and boilers used exclusively for space heating with a 
rated heat input capacity of less than 400,000 Btu per hour; cooking of 
food, except for retail and wholesale businesses that both cook and 
sell cooked food; consumer use of office equipment and products; 
janitorial services and consumer use of janitorial products; 
maintenance and repair activities, except for air pollution sources 
engaged in the business of maintaining and repairing equipment, such as 
automobile repair shops or appliance repair shops; agricultural 
activities and forestry activities, including agricultural burning and 
forestry burning; and open burning.
    This requirement is appropriate as it would enable EPA to develop 
and maintain accurate records of air pollution sources and their 
emissions

[[Page 11758]]

on reservation lands. Maintaining an accurate inventory of sources and 
emissions would help EPA protect air quality from potential significant 
deterioration that can occur if many sources within a particular area 
increase their air pollutant emissions. While the emission increase at 
each facility may be de minimis, the cumulative effect of the increases 
may be significant. The registration program would enable EPA to track 
trends and identify potential problems before they arise.
    Many State and local air agencies have a registration program or a 
permitting program to collect information similar to that required by 
the registration program in this section.
    Section 49.139--Rule for non-Title V operating permits. This 
section would create a permitting program to provide for the 
establishment of Federally-enforceable requirements for air pollution 
sources on Indian reservations. This rule would apply in the following 
three situations: (1) The owner or operator of any source wishes to 
obtain a Federally-enforceable limitation on the source's actual 
emissions or potential to emit and submits an application to the 
Regional Administrator requesting such limitation; (2) the Regional 
Administrator determines that additional Federally-enforceable 
requirements for a source are necessary to ensure compliance with the 
Federal or, if applicable, Tribal Implementation Plan; or (3) the 
Regional Administrator determines that additional Federally-enforceable 
requirements for a source are necessary to ensure the attainment and 
maintenance of any NAAQS or PSD increment. A source that would 
otherwise require a Part 71 Federal operating permit may instead obtain 
an operating permit under this section that limits its potential to 
emit to below major source thresholds so that the source is not subject 
to Part 71. The Regional Administrator would write the operating permit 
and follow the consultation and public comment procedures described in 
this rule.
    This rule would provide air pollution sources on reservations with 
air quality control requirements and regulatory alternatives similar to 
those available to sources located off-reservation. The rule also would 
enable the Regional Administrator to require further air emission 
reductions if necessary to attain or maintain the NAAQS or PSD 
increment.
    All State and local air agencies have a permitting mechanism to 
control emissions and to allow a source to limit its potential to emit 
so that it is not subject to Title V or other requirements for major 
stationary sources with procedures, conditions, prohibitions, and 
exemptions similar to those in the rule that EPA is proposing.

C. Rules Proposed for Specific Reservations

    The proposed rules that follow this discussion identify for each 
Indian Tribe listed in Subpart M the specific rules that EPA is 
proposing to promulgate as a FIP for the Indian reservation of that 
Tribe. Subpart M is organized to contain the implementation plan for 
each Indian Tribe with a reservation. This plan will consist of a 
combination of Tribal rules and measures and Federal regulations and 
measures that apply to all applicable sources within the specific 
reservation, including trust lands set aside for the Tribe.
    While most of the rules in the FIPs constitute a base program that 
EPA is proposing for all reservations in Idaho, Oregon, and Washington, 
some of the proposed FIPs would include additional rules where specific 
needs have been identified through consultation with Tribes. Table 1 
lists the ``Base Program'' rules, as well as the ``Additional Rules''. 
The following ``Additional Rules'' are being proposed for three 
reservations (see Table 2 below) where EPA has found, in consultation 
with the relevant Tribe, that it is appropriate to establish these 
requirements in order to control air pollution.
    EPA is proposing the rules listed in Table 2 for the Nez Perce 
Reservation to limit the amount of particulate matter emitted to the 
atmosphere in the airsheds in and around the Reservation. EPA has 
found, in consultation with the Nez Perce Tribe, that these rules are 
appropriate because the activities that would be regulated by these 
rules are taking place on the Nez Perce Reservation. Specifically, the 
woodwaste burners, the wood products industries, open burning, 
agricultural, and forestry activities may be significant contributors 
to air quality concerns in the area. Based on consultations with the 
Nez Perce Tribe, EPA also is concerned that air pollution sources could 
adversely affect cultural or traditional resources of the Tribe in ways 
that may not be adequately protected by Tribal law.
    For the Umatilla Reservation, EPA is proposing the rules listed in 
Table 2 to limit the amount of particulate matter emitted to the 
atmosphere and airsheds in and around the Reservation. EPA has found, 
in consultation with the Confederated Tribes of the Umatilla 
Reservation, that these rules are appropriate because the activities 
that would be regulated by these rules are taking place on the Umatilla 
Reservation. Specifically, open burning, agricultural, and forestry 
activities may be significant contributors to air quality concerns in 
the area. Based on consultations with the Confederated Tribes of the 
Umatilla Reservation, EPA also is concerned that air pollution sources 
could adversely affect cultural or traditional resources of the Tribes 
in ways that may not be adequately protected by Tribal law.
    Finally, EPA is proposing the rules listed in Table 2 for the 
Colville Reservation to limit the amount of particulate matter emitted 
to the atmosphere in the airsheds in and around the area. EPA has 
found, in consultation with the Confederated Tribes of the Colville 
Reservation, that these rules are appropriate because the operations of 
woodwaste burners and wood products facilities located on the Colville 
Reservation cause the release of particulate matter which may adversely 
affect air quality in ways that may not be adequately protected by 
Tribal law.
    Correspondence from these Tribes providing relevant information and 
requesting that EPA propose these Additional Rules are included in the 
docket for this proposal.

             Table 2.--Reservation Specific Additional Rules
------------------------------------------------------------------------
            Rule #                          Additional rules
------------------------------------------------------------------------
                  Nez Perce Reservation, Lapwai, Idaho
------------------------------------------------------------------------
Section 49.127...............  Rule for woodwaste burners.
Section 49.128...............  Rule for limiting particulate matter
                                emissions from wood products industry
                                sources.
Section 49.132...............  Rule for open burning permits.
Section 49.133...............  Rule for agricultural burning permits.
Section 49.134...............  Rule for forestry burning permits.

[[Page 11759]]

 
Section 49.136...............  Rule for emissions detrimental to
                                persons, property, cultural or
                                traditional resources.
------------------------------------------------------------------------
             Umatilla Indian Reservation, Pendleton, Oregon
------------------------------------------------------------------------
Section 49.132...............  Rule for open burning permits.
Section 49.133...............  Rule for agricultural burning permits.
Section 49.134...............  Rule for forestry burning permits.
Section 49.136...............  Rule for emissions detrimental to
                                persons, property, cultural or
                                traditional resources.
------------------------------------------------------------------------
            Colville Indian Reservation, Nespelem, Washington
------------------------------------------------------------------------
Section 49.127...............  Rule for woodwaste burners.
Section 49.128...............  Rule for limiting particulate matter
                                emissions from wood products industry
                                sources.
------------------------------------------------------------------------

D. Costs Associated With These Rules and Request for Comment

    As part of developing these proposed rules, EPA conducted an 
analysis of the expected costs should these rules be adopted. Included 
in the docket for this rulemaking is an Economic Impact Analysis (EIA) 
that was prepared to assist EPA in estimating the costs of compliance 
for the sources that would be subject to these rules.
    For the purposes of generating cost estimates for each of the 
proposed rules, EPA assumed that there will be no capital costs 
incurred under any of these rules. EPA makes this assumption because 
the unique nature of this rule--sources are believed to be complying in 
the absence of the rule because they thought they were subject to State 
and local rules--makes it difficult to establish a counterfactual 
baseline showing what sources would be doing had they realized they 
were not subject to those rules under the CAA. Furthermore, based on 
information obtained from State, local, and Tribal authorities, as well 
as the businesses and other entities affected by these rules, EPA does 
not anticipate that facilities will add control devices as a result of 
these rules. In addition, EPA has not estimated operation and 
maintenance (O&M) costs to comply with these rules. EPA believes that 
O&M costs should be considered, but insufficient data were available to 
estimate them. O&M costs estimates based on information gathered from 
comments on the proposal will be included in the analysis for the final 
rule.
    Thus the costs estimated for these rules are primarily the labor 
costs associated with record keeping and reporting under the 
regulations. Costs for both the basic rules and additional rules were 
estimated in the EIA. For the basic rules, the annualized labor costs 
and non-labor costs were estimated to be $117,000 and $17,000, 
respectively, while incremental capital costs and incremental O&M costs 
were assumed to be zero. Thus, the total estimated cost associated with 
the basic rules is $134,000. Cost estimates for the additional rules 
only account for costs on those reservations for which EPA has proposed 
additional rules. The additional rules were estimated to have 
annualized labor costs of $23,000, while non-labor costs, incremental 
capital costs, and incremental O&M costs were each assumed to equal 
zero for a total of $23,000. Overall, annualized labor costs were 
estimated to be $140,000, annualized non-labor costs are estimated to 
be $17,000, incremental capital costs are assumed to be zero, and 
incremental O&M costs are assumed to be zero for a total estimated cost 
of $157,000.
    The information available to EPA for this analysis was assembled 
from a number of sources, including surveys of sources on the 
reservations, consultations with the sources and Tribal governments, 
and EPA's experience with air quality issues in the Pacific Northwest. 
Based on this information, several assumptions were made in order to 
estimate the expected compliance costs associated with these rules. EPA 
is now seeking comment on these assumptions. While comments on all 
aspects of the analysis are solicited, EPA specifically is soliciting 
comments on the assumptions described below regarding capital costs, 
O&M costs, and the costs of meeting visible emission and fugitive 
emission requirements, conducting source tests, and meeting the sulfur 
content in fuel limits.
    EPA is seeking comments on the assumption that no incremental 
capital costs would be required by these rules. The O&M costs 
associated with the continued compliance with these rules are expected 
to be small. However, there were insufficient data to estimate the 
magnitude of these costs. Therefore, EPA is requesting comment and 
supplemental information if appropriate on the expected O&M costs that 
would result from continued compliance with these rules. In addition, 
EPA would like comments on the following assumptions used for costing 
several of the individual rules. For the visible emission rule, it was 
assumed for costing purposes that two facilities would voluntarily 
train their own visible emissions readers and would send them to 
retraining each year. For the fugitive particulate matter emissions 
rule, it was assumed that an average of one construction project per 
reservation per year would need to develop and update particulate 
matter control plans. Under the particulate matter rule and the sulfur 
dioxide rule, it was assumed that six facilities and one facility, 
respectively, would conduct source tests within the first three years 
(Method 5 tests for the particulate matter rule and Method 6 tests for 
the sulfur dioxide rule). Finally, for the sulfur content of fuels 
rule, EPA assumed that fuel distributors have access to data on the 
sulfur content of delivered fuel and that fuel purchases would be 
unaffected because the fuel currently available already meets the 
sulfur limits established in the rule. EPA would like feedback from 
interested parties on the accuracy of these assumptions and suggestions 
for modifications, if applicable. For additional details on the 
assumptions used in the development of the estimated compliance costs 
associated with these rules, the reader is referred to the EIA.

IV. Request for Public Comment

    EPA solicits comments on all aspects of today's proposal. In this 
proposal, EPA is trying to create a level playing field without 
imposing significant new costs to sources. Interested parties should 
submit comments by mail or in person to the address listed in the front 
of this proposal. Be sure to identify the

[[Page 11760]]

appropriate docket control number (#A-2000-25) in your correspondence. 
Your comments must be received by June 13, 2002 to be considered in the 
final action taken by EPA.
    You may also comment on this proposal by attending the public 
hearing if one is held and providing oral comments. If EPA determines 
that a hearing should be held, the date and time will be announced in 
the local papers. You may also call David Bray at (206) 553-4253 to 
determine if a hearing will be held and to obtain the time and 
location.

V. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, EPA has determined 
that this proposed rulemaking is a ``significant regulatory action'' 
because it may raise novel legal or policy issues. The rulemaking marks 
the first time that, under the Clean Air Act, EPA has proposed Federal 
Implementation Plans for specific reservations that would be generally 
applicable to all sources within the exterior boundaries of those 
reservations.
    However, EPA's analysis indicates that this rulemaking will not 
have a significant economic impact. EPA is finding that many sources on 
Indian reservations have historically been following similar air 
programs that are established by State and local agencies acting under 
State law or local rules. Although EPA has not approved SIPs as 
extending into Indian country under the CAA, some sources located on 
Indian reservations have made efforts to follow those programs. Most 
industrial sources on the Region 10 reservations have installed or 
upgraded air pollution control equipment to conform with State or local 
air programs without challenging the authority of those agencies within 
Indian country. As a result, these sources already have pollution 
controls that would satisfy State and local rules.
    As discussed above in section III.A, this rulemaking would 
establish regulatory requirements for sources under the authority of 
the CAA that are substantially similar to the requirements of adjacent 
jurisdictions that most sources already meet. Thus, it is EPA's 
expectation that these rules would not impose significant costs or 
require changes at regulated sources. Nevertheless, because of the 
limited precedent this rulemaking would set, this action was submitted 
to OMB for review. Any written comments from OMB to EPA, any written 
EPA response to those comments, and any changes made in response to OMB 
suggestions or recommendations are included in the docket. The docket 
is available for public inspection at the EPA's Air Docket Section in 
Washington DC and at EPA Region 10 in Seattle, Washington. See the 
ADDRESSES section of this preamble for specific addresses and times 
when the docket may be reviewed.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act, (5 U.S.C. 601 et seq.) (RFA), as 
amended by the Small Business Regulatory Enforcement Fairness Act (Pub. 
L. 104-121) (SBREFA), generally requires an agency to prepare a 
regulatory flexibility analysis of any rule subject to notice and 
comment rulemaking requirements under the Administrative Procedure Act 
or any other statute unless the agency certifies that the rule will not 
have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rulemaking on 
small entities, small entity is defined as: (1) A small business as 
defined by the RFA (based on Small Business Administration size 
standards); (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    Based on our economic analysis, we certify that this action will 
not have a significant economic impact on a substantial number of small 
entities. The economic analysis shows the total annual compliance costs 
of the basic and additional rules to be approximately $1,000 per small 
business. The cost-to-sales ratio for small business entities is 
expected to be less than one percent, with the exception of one 
facility whose estimated ratio is 1.15, when the worst-case scenario is 
applied.
    Although this proposed rulemaking will not have a significant 
economic impact on a substantial number of small entities, EPA also has 
included a number of exemptions in the rules where appropriate to 
reduce impacts of this rulemaking on small entities. There are 13 rules 
that EPA proposes to apply to all reservations in Idaho, Oregon and 
Washington. Of these 13 rules, one (Sec. 49.121) provides an 
introduction, one (Sec. 49.122) provides delegation procedures for 
Tribes, and one (Sec. 49.123) provides definitions. The remaining ten 
(Secs. 49.124, 49.125, 49.126, 49.129, 49.130, 49.131, 49.135, 49.137, 
49.138, 49.139) have some regulatory effect. Eight of these ten contain 
exemptions for sources considered sufficiently small, such as 
households or the owners of mobile sources. Only two rules, one that 
addresses emissions detrimental to persons (Sec. 49.135) and one that 
addresses air pollution episodes (Sec. 49.137), do not include 
exemptions. These two rules require determinations by the Regional 
Administrator and would only be used when EPA determines that adverse 
effects of air pollution warrant their use.
    In developing this proposal, EPA consulted extensively with Tribal 
governments regarding the potential impacts of these rules (see section 
G below). In order to better understand the implications of these rules 
for small entities, as part of the consultations with Tribal 
representatives, EPA also explored the possible effects for small 
businesses operating on Tribal lands. Moreover, while making site 
visits to Tribal reservations, EPA staff met one-on-one with numerous 
small business owner/operators and discussed today's proposal. Also 
during the course of these rules' development, EPA attended and made 
presentations about this activity at numerous public meetings and 
conferences; venues at which representatives of Tribally-owned and 
Indian-owned small businesses were present and had opportunities to

[[Page 11761]]

comment on the rule. We continue to be interested in the potential 
impacts of the proposed rulemaking on small entities and welcome 
comments on issues related to such impacts. In addition, EPA intends to 
continue outreach to affected businesses, especially small businesses, 
during the public comment period to provide additional opportunities 
for input from small entities.

C. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Section 205 generally requires that, before promulgating a 
rule for which a written statement must be prepared, EPA identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator explains why that alternative was not adopted. Finally, 
section 203 requires that, before establishing any regulatory 
requirements that may significantly or uniquely affect small 
governments, EPA must have developed a small government agency plan. 
The plan must provide for notifying any potentially affected small 
governments to have meaningful and timely input in the development of 
EPA regulatory proposals with significant Federal intergovernmental 
mandates, and informing, educating, and advising small governments on 
compliance with the regulatory requirements.
    EPA has determined that this rulemaking does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and Tribal governments, in the aggregate, or the private 
sector in any one year. With regard to State and local governments, 
there is no expenditure because these rules only apply on Indian 
reservations. With regard to Tribal governments, there is no 
expenditure in implementing and enforcing the rules because the rules 
would provide that EPA would take on that responsibility unless a Tribe 
chooses to assist EPA or assume responsibility for its own reservation. 
In such a case, EPA would seek to provide funding to support these 
efforts. Thus, today's rules are not subject to the requirements of 
sections 202 and 205 of UMRA.
    In developing this rulemaking, EPA consulted with small governments 
pursuant to its interim plan established under section 203 of the UMRA 
to address impacts of regulatory requirements in the rules that might 
significantly or uniquely affect small governments. As explained in the 
discussion of Executive Order 13175 in section G below, among other 
things, we notified all potentially affected Tribal governments of the 
requirements in these proposed rules. Further, although there are no 
significant Federal intergovernmental mandates, we provided officials 
of all potentially affected Tribal governments an opportunity for 
meaningful and timely input in the development of the regulatory 
proposals. Finally, through consultation meetings and other forums, we 
will continue to keep Tribal governments involved by providing them 
with opportunities for learning about and receiving advice on 
compliance with the regulatory requirements.

D. Paperwork Reduction Act

    The information collection requirements in this proposed rulemaking 
have been submitted for approval to the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 2020.01) and a copy may be obtained from Sandy Farmer by mail 
at Collection Strategies Division; U.S. Environmental Protection Agency 
(2822); 1200 Pennsylvania Ave., NW, Washington, DC 20460, by email at 
[email protected], or by calling (202) 260-2740. A copy may 
also be downloaded off the internet at 
http://www.epa.gov/icr.
    The proposed FIPs include information collection requirements 
related to the registration of and reporting of emissions from air 
pollution sources. EPA believes these information collection 
requirements are appropriate because they would enable EPA to develop 
and maintain accurate records of air pollution sources and their 
emissions on reservation lands. As discussed in the summary of 
Sec. 49.138 in section III.A. of this preamble, maintaining an accurate 
inventory of sources and emissions would, among other things, help EPA 
protect air quality from potential significant deterioration that can 
occur if many sources within a particular area increase their air 
pollutant emissions. These registration requirements would be mandatory 
under Sec. 49.138. Regulated entities would be able to assert claims of 
business confidentiality and EPA would treat these claims in accordance 
with the provisions of 40 CFR part 2, Subpart B.
    The reporting and record keeping burden for this collection of 
information is described below. Burden means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    EPA estimates that the owners or operators of facilities affected 
by these basic and additional rules will incur a total of $140,000 in 
labor costs and $17,000 in non-labor costs to comply with the 
information collection requirements of these rules.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Comments 
are requested on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, including through the use of automated 
collection techniques. Send comments on the ICR to the Director, 
Collection Strategies Division; U.S. Environmental Protection Agency 
(2822); 1200 Pennsylvania Ave., NW., Washington, DC 20460; and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th St., NW., Washington, DC 20503, marked ``Attention: 
Desk Officer for

[[Page 11762]]

EPA.'' Include the ICR number in any correspondence. Since OMB is 
required to make a decision concerning the ICR between 30 and 60 days 
after March 15, 2002, a comment to OMB is best assured of having its 
full effect if OMB receives it by April 15, 2002. The final rule will 
respond to any OMB or public comments on the information collection 
requirements contained in this proposal.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This proposed rulemaking is not subject to the Executive Order 
because it is not economically significant as defined in Executive 
Order 12866. Further, it does not concern an environmental health or 
safety risk that EPA has reason to believe may have disproportionate 
effect on children.

F. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications.'' 
``Policies that have Federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has Federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that had Federalism implications and that preempts State law, unless 
the Agency consults with State and local officials early in the process 
of developing the proposed regulation.
    This proposed rulemaking does not have Federalism implications. It 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. These rules only 
prescribe regulations for facilities in areas where a State does not 
administer an approved Clean Air Act program, and thus does not have 
any direct effect on any State. Moreover, it does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. Thus, Executive Order 13132 does not 
apply to this rulemaking. EPA has provided advance draft copies of the 
proposed rules to State and local authorities in Idaho, Oregon and 
Washington. Generally, the States are pleased that EPA is developing 
rules for Indian reservations, as the rules will create more parity in 
the regulatory environment between on-reservation and off-reservation 
lands. In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed 
rulemaking from State and local officials.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    Under section 5(b) of Executive Order 13175, EPA may not issue a 
regulation that has Tribal implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by Tribal governments, or EPA consults with 
Tribal officials early in the process of developing the proposed 
regulation. Under section 5(c) of Executive Order 13175, EPA may not 
issue a regulation that has Tribal implications and that preempts 
Tribal law, unless the Agency consults with Tribal officials early in 
the process of developing the proposed regulation.
    EPA has concluded that this proposed rule will have Tribal 
implications. These regulations would significantly affect specific 
Indian reservation communities by filling the gap in air quality 
regulations and thus creating a level of air quality protection not 
previously provided under the CAA. However, the air quality 
requirements proposed here are applicable broadly to all sources within 
the identified Indian reservation areas, and are not uniquely 
applicable to Tribal governments. The gap-filling approach used in this 
proposal would create Federal requirements similar to those that are 
already in place in jurisdictions adjacent to the reservations covered 
by the proposal. Tribal governments may incur some compliance costs in 
meeting those requirements that apply to sources they own or operate; 
however, the economic impacts analysis does not indicate that those 
costs will be significant. Finally, although Tribal governments are 
encouraged to partner with EPA on the implementation of these 
regulations, they are not required to do so. EPA will seek to provide 
funding to Tribes that apply for delegation of EPA's authority to 
administer specific rules to support their activities. Since this 
proposed rulemaking will neither impose substantial direct compliance 
costs on Tribal governments, nor preempt Tribal law, the requirements 
of sections 5(b) and 5(c) of the Executive Order do not apply to this 
rule.
    Consistent with EPA policy, EPA consulted with Tribal officials and 
representatives of Tribal governments early in the process of 
developing this regulation to permit them to have meaningful and timely 
input into its development. The concept for this rulemaking grew from 
discussions related to implementation of the CAA and the TAR with 
Tribes throughout Region 10 who are engaged in developing Tribal air 
quality programs. EPA Region 10 began assembling an inventory of air 
pollution sources in 1995, and EPA has been working with Tribes and 
other air management agencies since then to better determine the need 
for specific rules and to evaluate alternatives for Tribal and Federal 
programs. Based on the

[[Page 11763]]

discussions and inventory development, EPA decided to develop the 
proposed approach to rulemaking that would be tailored to the air 
quality issues of Tribes in Idaho, Oregon and Washington.
    In June 1999, EPA Region 10 met in Seattle, Washington, with Tribal 
leaders, managers, and attorneys to introduce the Tribal Air Rules 
Project. A generally favorable response from Tribal leadership to the 
project led EPA to prepare a formal consultation package that included 
preliminary rules, and the package was distributed for review to the 
leadership of all of the potentially affected Tribes in Idaho, Oregon, 
and Washington. In August 1999, EPA Region 10 held three technical 
meetings with Tribal staff who are air specialists for in-depth 
discussions. Thirteen Tribes participated in these technical meetings. 
The Consultation Record in the docket for this proposal provides 
detailed information on the consultations.
    In July 2000, a complete draft of the proposed rules was formally 
distributed to all 41 of the Tribal governments in Idaho, Oregon, and 
Washington. At the time of this proposal, 39 of the 41 Tribes have 
reservations. Two Tribes recently received Federal recognition and do 
not have reservation lands yet. The letter that transmitted the rule 
package was addressed to the Tribal Chair and sent by certified mail. 
Complete copies of the package were sent to the Natural Resource or 
Environmental Director at each Tribe and to the air specialist, in 
cases where the Tribe has one. In the letter, EPA Region 10 requested 
that the Tribe provide their views and comments on the proposed rules 
by September 30, 2000, and identify any additional rules that the Tribe 
would like EPA to propose for a particular reservation.
    EPA Region 10 conducted follow-up telephone inquiries to offer 
opportunities for Tribes to participate in conference calls, group 
consultation meetings with EPA Region 10, and individual meetings with 
EPA Region 10. EPA Region 10 reached 39 of the 41 Tribes through these 
initial telephone contacts. In September and October of 2000, EPA 
Region 10 held four consultation meetings to discuss the draft proposed 
rulemaking package in Spokane, Puyallup, the Swinomish Reservation, and 
Portland. In the 2000 consultation round, 19 Tribes participated in 
face-to-face meetings with EPA Region 10. Another seven tribes 
consulted with EPA Region 10 through individual or group conference 
calls. Three Tribes submitted comments supporting the rule and 
requesting that EPA propose specific rules for their reservation. 
Please see the consultation record for more detailed information on the 
consultations. In the spirit of Executive Order 13175, and consistent 
with EPA policy to promote communications between EPA and Tribal 
governments, EPA specifically solicits additional comment on this 
proposed rule from Tribal officials.

H. Executive Order 13211: Energy Effects

    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)) because it is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. Further, we have 
concluded that this rule is not likely to have any adverse energy 
effects, because the facilities affected already have the pollution 
controls in place to enable them to comply with these rules.

I. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Section 12(d) of NTTAA, Public Law 104-113, section 12(d) (15 
U.S.C. 272 note) directs EPA to use voluntary consensus standards in 
its regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) that are developed or adopted 
by voluntary consensus standards bodies. The NTTAA directs EPA to 
provide Congress, through OMB, explanations when the Agency decides not 
to use available and applicable voluntary standards.
    This proposed rulemaking involves technical standards. EPA proposes 
to use American Society for Testing and Materials (ASTM) Methods and 
generally accepted test methods previously promulgated by EPA. Because 
all of these methods are generally accepted and are widely used by 
State and local agencies for determining compliance with similar rules, 
EPA believes it would be impracticable and potentially confusing to put 
in place methods that vary from what is already accepted. As a result, 
EPA believes it is unnecessary and inappropriate to consider 
alternative technical standards. Nevertheless, EPA welcomes comments on 
this aspect of the proposed rulemaking and, specifically, invites the 
public to identify potentially-applicable voluntary consensus standards 
and to explain why such standards should be used in these regulations.

List of Subjects in 40 CFR Part 49

    Environmental protection, Air pollution control, Indians, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: February 13, 2002.
Christine Todd Whitman,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 49--TRIBAL CLEAN AIR ACT AUTHORITY

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

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

    2. Part 49 is amended by revising subpart C to read as follows:
Subpart C--General Federal Implementation Plan Provisions
Sec.
49.101-49.120   [Reserved]

General Rules for Application to Indian Reservations in EPA Region 10

49.121  Introduction.
49.122  Delegation of authority to a Tribe.
49.123  General provisions.
49.124  Rule for limiting visible emissions.
49.125  Rule for limiting the emissions of particulate matter.
49.126  Rule for limiting fugitive particulate matter emissions.
49.127  Rule for woodwaste burners.
49.128  Rule for limiting particulate matter emissions from wood 
products industry sources.
49.129  Rule for limiting emissions of sulfur dioxide.
49.130  Rule for limiting sulfur in fuels.
49.131  General rule for open burning.
49.132  Rule for open burning permits.
49.133  Rule for agricultural burning permits.
49.134  Rule for forestry burning permits.
49.135  Rule for emissions detrimental to human health and welfare.
49.136  Rule for emissions detrimental to persons, property, 
cultural or traditional resources.
49.137  Rule for air pollution episodes.
49.138  Rule for the registration of air pollution sources and the 
reporting of emissions.
49.139  Rule for non-Title V operating permits.
49.140-49.200  [Reserved]

[[Page 11764]]

Subpart C--General Federal Implementation Plan Provisions


Secs. 49.101-49.120  [Reserved]

General Rules for Application to Indian Reservations in EPA Region 
10


Sec. 49.121  Introduction.

    (a) What is the purpose of these rules? These ``General Rules for 
Application to Indian Reservations in EPA Region 10'' establish 
emission limitations and other requirements for air pollution sources 
located within Indian reservations in Idaho, Oregon, and Washington 
that are appropriate in order to ensure a basic level of air pollution 
control and to protect public health and welfare.
    (b) How were these rules developed? These ``General Rules for 
Application to Indian Reservations in EPA Region 10'' were developed 
through consultation with the Indian Tribes located in Idaho, Oregon, 
and Washington. The rules take into consideration the current air 
quality situations within Indian reservations, the known sources of air 
pollution, the needs and concerns of the Indian Tribes in that portion 
of Region 10, and the air quality rules in adjacent jurisdictions.
    (c) When are these rules applicable to sources on a particular 
Indian reservation? These ``General Rules for Application to Indian 
Reservations in EPA Region 10'' apply to air pollution sources on a 
particular Indian reservation when EPA has specifically promulgated one 
or more rules into effect for that reservation. Rules shall be 
promulgated into effect through notice and comment rulemaking and will 
be specifically identified in the implementation plan for that 
reservation in Subpart M--Implementation Plans for Tribes--Region 10, 
of this Part. These ``General Rules for Application to Indian 
Reservations in EPA Region 10'' will not apply to air pollution sources 
located on newly established Tribal trust lands located outside the 
exterior boundaries of an Indian reservation until after they are 
promulgated into effect through notice and comment rulemaking.


Sec. 49.122  Delegation of authority to a Tribe.

    (a) What is the purpose of this rule? The purpose of this rule, 
Sec. 49.122, is to establish the process by which the Regional 
Administrator may delegate to an Indian Tribe the authority to 
administer all, or a portion of, the rules that have been promulgated 
into effect in Subpart M of this Part for a particular Indian 
reservation. This section provides for administrative delegation and 
does not affect the eligibility criteria under 40 CFR 49.6 for 
treatment in the same manner as a State.
    (b) How does a Tribe request delegation? In order to be delegated 
authority to administer the rules that are in effect in Subpart M of 
this Part for a particular Indian reservation, the authorized 
representative of a Tribe must submit a request to the Regional 
Administrator that:
    (1) Identifies the specific rules and provisions for which 
delegation is requested;
    (2) Identifies the Indian reservation for which delegation is 
requested;
    (3) Includes a statement by the applicant's legal counsel (or 
equivalent official) that includes the following information:
    (i) A statement that the applicant is an Indian Tribe recognized by 
the Secretary of the Interior;
    (ii) A descriptive statement demonstrating that the applicant is 
currently carrying out substantial governmental duties and powers over 
a defined area and that meets the requirements of Sec. 49.7(a)(2); and
    (iii) A description of the laws of the Indian Tribe that provide 
adequate authority to carry out the aspects of the rules and provisions 
for which delegation is requested; and
    (4) Demonstrates that the Tribe has, or will have, adequate 
resources to carry out the aspects of the rules and provisions for 
which delegation is requested.
    (c) How is the delegation of authority accomplished?
    (1) A Delegation of Authority Agreement will set forth the terms 
and conditions of the delegation, will specify the rules and provisions 
that the Tribe shall be authorized to implement, and shall be entered 
into by the Regional Administrator and the Tribe. The Regional 
Administrator will not delegate authority to a Tribe for areas for 
which EPA believes the Indian reservation status is in question. The 
Agreement will become effective upon the date that both the Regional 
Administrator and the authorized representative of the Tribe have 
signed the Agreement. Once the delegation becomes effective, the Tribe 
will have the authority under the Act, to the extent specified in the 
Agreement, for administering the rules in effect in Subpart M of this 
Part for the particular Indian reservation and shall act as the 
Regional Administrator as that term is used in these regulations.
    (2) A Delegation of Authority Agreement may be modified, amended, 
or revoked, in part or in whole, by the Regional Administrator after 
consultation with the Tribe.
    (d) How will any delegation of authority be publicized? The 
Regional Administrator shall publish a notice in the Federal Register 
informing the public of any delegation of authority to a Tribe to 
administer all or a portion of the rules in Subpart M of this Part that 
apply for an Indian reservation and will indicate such delegation in 
the implementation plan for the Indian reservation. The Regional 
Administrator shall also publish an announcement of the delegation in 
local newspapers.


Sec. 49.123  General provisions.

    (a) Definitions. The following definitions apply for the purposes 
of the ``General Rules for Application to Indian Reservations in EPA 
Region 10''. Terms not defined herein have the meaning given to them in 
the Act.
    Act means the Clean Air Act, as amended (42 U.S.C. 7401 et seq.).
    Actual emissions means the actual rate of emissions, in tons per 
year, of an air pollutant from an air pollution source. For an existing 
source, the actual emissions are the actual rate of emissions for the 
most recently completed calendar year and must be calculated using the 
actual operating hours, production rates, and types of materials 
processed, stored, or combusted during that calendar year. For a new 
source that has not operated for a complete calendar year, the actual 
emissions are the estimated actual rate of emissions for the current 
calendar year.
    Administrator means the Administrator of the United States 
Environmental Protection Agency (EPA) or an authorized representative 
of the Administrator.
    Agricultural activities means the usual and customary activities of 
cultivating the soil, producing crops, and raising livestock for use 
and consumption. Agricultural activities do not include manufacturing, 
bulk storage, handling for resale, or the formulation of any 
agricultural chemical.
    Agricultural burning means burning of vegetative debris from an 
agricultural activity that is necessary for disease or pest control, or 
for crop propagation and/or crop rotation.
    Air pollutant means any air pollution agent or combination of such 
agents, including any physical, chemical, biological, radioactive 
(including source material, special nuclear material, and by-product 
material) substance or matter that is emitted into or otherwise enters 
the ambient air. Such term includes any precursors to the formation of 
any air pollutant, to the extent the Administrator has identified such 
precursor or precursors for the

[[Page 11765]]

particular purpose for which the term air pollutant is used.
    Air pollution source means any building, structure, facility, 
installation, activity, or equipment that emits, or may emit, an air 
pollutant.
    Allowable emissions means the emission rate of an air pollution 
source calculated using the maximum rated capacity of the source 
(unless the source is subject to Federally-enforceable limits that 
restrict the operating rate, hours of operation, or both) and the most 
stringent of the following:
    (1) The applicable standards in 40 CFR parts 60, 61, 62 and 63;
    (2) The applicable implementation plan emission limitations, 
including those with a future compliance date; or
    (3) The emissions rates specified in Federally-enforceable permit 
conditions.
    Ambient air means that portion of the atmosphere, external to 
buildings, to which the general public has access.
    British thermal unit (Btu) means the quantity of heat necessary to 
raise the temperature of one pound of water one degree Fahrenheit.
    Burn barrel means a cylindrical steel vessel, no greater than 55 
gallons in size, with an open top, bottom air holes, and equipped with 
a steel spark screen, used for burning combustible household waste.
    Coal means all fuels classified as anthracite, bituminous, sub-
bituminous, or lignite by the American Society for Testing and 
Materials (ASTM) in ASTM Method D388-99, Standard Classification of 
Coals by Rank.
    Combustible household waste means paper, paper products, cardboard, 
food packaging, plastic containers, garbage, rags, wood, and other 
combustible waste materials resulting from general residential 
activities, but does not include the following household wastes: tires; 
rubber materials or products; plastic materials or products (except 
containers); asphalt or composition roofing, or any other asphaltic 
material or product; tar or tarpaper; petroleum products; paints; 
timbers treated with preservatives; pesticides, herbicides, or 
fertilizers; insulated wire; batteries; light bulbs; materials 
containing mercury; or materials containing asbestos.
    Combustion source means any source that combusts a solid fuel, 
liquid fuel, or gaseous fuel, or an incinerator.
    Continuous emissions monitoring system (CEMS) means the total 
equipment used to sample, condition (if applicable), analyze, and 
provide a permanent record of emissions.
    Continuous opacity monitoring system (COMS) means the total 
equipment used to sample, analyze, and provide a permanent record of 
opacity.
    Distillate fuel oil means any oil meeting the specifications of 
ASTM Grade 1 or Grade 2 fuel oils in ASTM Method D396-98, Standard 
Specification for Fuel Oils.
    Emission means a direct or indirect release into the atmosphere of 
any air pollutant; or the air pollutants released into the atmosphere.
    Emission factor means an estimate of the rate at which an air 
pollutant is released into the atmosphere, as the result of some 
activity, divided by the rate of that activity.
    Emission unit means any part of an air pollution source that emits, 
or may emit air pollutants into the atmosphere.
    Federally enforceable means enforceable by the Administrator under 
the Act.
    Fuel means any solid, liquid, or gaseous material that is combusted 
in order to produce heat or energy.
    Fuel oil means a liquid fuel derived from crude oil or petroleum, 
including distillate oil, residual oil, and used oil.
    Forestry or silvicultural burning means burning of vegetative 
debris from a forestry or silvicultural activity that is necessary for 
disease or pest control, reduction of fire hazard, reforestation, or 
ecosystem management.
    Fugitive dust means a particulate matter emission made airborne by 
forces of wind, mechanical disturbance of surfaces, or both. Unpaved 
roads, construction sites, and tilled land are examples of sources of 
fugitive dust.
    Fugitive particulate matter means particulate matter emissions that 
do not pass through a stack, chimney, vent, or other functionally 
equivalent opening. Fugitive particulate matter includes fugitive dust.
    Garbage means food wastes.
    Gaseous fuel means any fuel that exists in a gaseous state at 
standard conditions, including but not limited to natural gas, propane, 
fuel gas, process gas, and landfill gas.
    Grate cleaning means removing ash from fireboxes.
    Hardboard means a flat panel made from wood that has been reduced 
to basic wood fibers and bonded by adhesive properties under pressure.
    Heat input means the total gross calorific value (where gross 
calorific value is measured by ASTM Method D240-92(1997)e2, D1826-
94(1998), D5865-99a, or E711-87(1996)) of all fuels burned.
    Implementation plan means a Tribal implementation plan approved by 
EPA pursuant to this Part or 40 CFR Part 51, or a Federal 
implementation plan promulgated by EPA in this Part or in 40 CFR Part 
52 that applies in Indian country, or a combination of Tribal and 
Federal implementation plans.
    Incinerator means any device, including a flare, designed to reduce 
the volume of solid, liquid, or gaseous waste by combustion. This 
includes air curtain incinerators, but does not include open burning.
    Indian country means:
    (1) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation;
    (2) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (3) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    Marine vessel means a waterborne craft, ship, or barge.
    Mobile sources means locomotives, aircraft, motor vehicles, non-
road vehicles, non-road engines, and marine vessels.
    Motor vehicle means any self-propelled vehicle designed for 
transporting people or property on a street or highway.
    New air pollution source means an air pollution source that begins 
actual construction after the effective date of the ``General Rules for 
Application to Indian Reservations in EPA Region 10''.
    Noncombustibles means materials that are not flammable, capable of 
catching fire, or burning.
    Non-road engine means:
    (1) Except as discussed below, any internal combustion engine:
    (i) In or on a piece of equipment that is self-propelled or that 
serves a dual purpose by both propelling itself and performing another 
function (such as garden tractors, off-highway mobile cranes and 
bulldozers); or
    (ii) In or on a piece of equipment that is intended to be propelled 
while performing its function (such as lawnmowers and string trimmers); 
or
    (iii) That, by itself or in or on a piece of equipment, is portable 
or transportable, meaning designed to be and capable of being carried 
or moved from one location to another. Indicia of transportability 
include, but are not limited to, wheels, skids, carrying handles, 
dolly, trailer, or platform.
    (2) An internal combustion engine is not a nonroad engine if:
    (i) The engine is used to propel a motor vehicle or a vehicle used 
solely

[[Page 11766]]

for competition, or is subject to standards promulgated under section 
202 of the Act; or
    (ii) The engine is regulated by a Federal new source performance 
standard promulgated under section 111 of the Act; or
    (iii) The engine that is otherwise portable or transportable 
remains or will remain at a location for more than 12 consecutive 
months or a shorter period of time for an engine located at a seasonal 
source. A location is any single site at a building, structure, 
facility, or installation. Any engine (or engines) that replaces an 
engine at a location and that is intended to perform the same or 
similar function as the engine replaced will be included in calculating 
the consecutive time period. An engine located at a seasonal source is 
an engine that remains at a seasonal source during the full annual 
operating period of the seasonal source. For purposes of this 
paragraph, a seasonal source is a stationary source that remains in a 
single location on a permanent basis (i.e., at least 2 years) and that 
operates at that single location approximately 3 months (or more) each 
year. This paragraph does not apply to an engine after the engine is 
removed from the location.
    Non-road vehicle means a vehicle that is powered by a nonroad 
engine and that is not a motor vehicle or a vehicle used solely for 
competition.
    Oil-fired boiler means a furnace or boiler used for combusting fuel 
oil for the primary purpose of producing steam or hot water by heat 
transfer.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background. For 
continuous opacity monitoring systems, opacity means the fraction of 
incident light that is attenuated by an optical medium.
    Open burning means the burning of a material that results in the 
products of combustion being emitted directly into the atmosphere 
without passing through a stack. Open burning includes burning in burn 
barrels.
    Owner or operator means any person who owns, leases, operates, 
controls or supervises an air pollution source.
    Particleboard means a matformed flat panel consisting of wood 
particles bonded together with synthetic resin or other suitable 
binder.
    Particulate matter means any airborne finely divided solid or 
liquid material, other than uncombined water.
    Permit to construct or construction permit means a permit issued by 
the Regional Administrator pursuant to 40 CFR 52.10 or 52.21, or a 
permit issued by a Tribe pursuant to a program approved by the 
Administrator under 40 CFR Part 51, Subpart I, authorizing the 
construction or modification of a stationary source.
    Permit to operate or operating permit means a permit issued by the 
Regional Administrator pursuant to Sec. 49.139 or 40 CFR Part 71, or by 
a Tribe pursuant to a program approved by the Administrator under 40 
CFR Part 51 or 40 CFR Part 70, authorizing the operation of a 
stationary source.
    Plywood means a flat panel built generally of an odd number of thin 
sheets of veneers of wood in which the grain direction of each ply or 
layer is at right angles to the one adjacent to it.
    PM10 means particulate matter with an aerodynamic diameter less 
than or equal to a nominal 10 micrometers as measured by a reference 
method based on Appendix J of 40 CFR Part 50 and designated in 
accordance with 40 CFR Part 53 or by an equivalent method designated in 
accordance with 40 CFR Part 53.
    Potential to emit means the maximum capacity of an air pollution 
source to emit an air pollutant under its physical and operational 
design. Any physical or operational limitation on the capacity of the 
air pollution source to emit an air pollutant, including air pollution 
control equipment and restrictions on hours of operation or on the type 
or amount of material combusted, stored or processed, shall be treated 
as part of its design if the limitation or the effect it would have on 
emissions is Federally enforceable.
    Press/Cooling vent means any opening through which particulate and 
gaseous emissions from plywood, particleboard, or hardboard 
manufacturing are exhausted, either by natural draft or powered fan, 
from the building housing the process. Such openings are generally 
located immediately above the board press, board unloader, or board 
cooling area.
    Process source means an air pollution source using a procedure or 
combination of procedures for the purpose of causing a change in 
material by either chemical or physical means, excluding combustion.
    Rated capacity means the maximum sustainable capacity of the 
equipment.
    Reference method means any method of sampling and analyzing for an 
air pollutant as specified in the applicable rule.
    Refuse means all solid, liquid, or gaseous waste material, 
including but not limited to, garbage, trash, household refuse, 
municipal solid waste, construction or demolition debris, or waste 
resulting from the operation of any business, trade, or industry.
    Regional Administrator means the Regional Administrator of EPA 
Region 10 or an authorized representative of the Regional 
Administrator.
    Residual fuel oil means any oil meeting the specifications of ASTM 
Grade 4, Grade 5, or Grade 6 fuel oils in ASTM Method D396-98, Standard 
Specification for Fuel Oils.
    Solid fuel means wood, refuse, refuse-derived fuel, tires, tire-
derived fuel, and other solid combustible material (other than coal), 
including any combination thereof.
    Solid fuel-fired boiler means a furnace or boiler used for 
combusting solid fuel for the primary purpose of producing steam or hot 
water by heat transfer.
    Soot blowing means using steam or compressed air to remove carbon 
from a furnace or from a boiler's heat transfer surfaces.
    Stack means any point in a source that conducts air pollutants to 
the atmosphere, including, but not limited to, a chimney, flue, 
conduit, pipe, vent, or duct, but not including a flare.
    Standard conditions means a temperature of 293 degrees Kelvin (68 
degrees Fahrenheit, 20 degrees Celsius) and a pressure of 101.3 
kilopascals (29.92 inches of mercury).
    Start-up means the setting into operation of a piece of equipment.
    Stationary source means any building, structure, facility, or 
installation that emits, or may emit, any air pollutant.
    Tempering oven means any facility used to bake hardboard following 
an oil treatment process.
    Uncombined water means droplets of water that have not combined 
with hygroscopic particles or contain dissolved solids.
    Used oil means petroleum products that have been recovered from 
another application.
    Veneer means a single flat panel of wood not exceeding \1/4\ inch 
in thickness formed by slicing or peeling from a log.
    Veneer dryer means equipment in which veneer is dried.
    Visible emissions means air pollutants in sufficient amount to be 
observable to the human eye.
    Wood means wood, wood residue, bark, or any derivative or residue 
thereof, in any form, including but not limited to sawdust, sanderdust, 
wood chips, scraps, slabs, millings, shavings, and processed pellets 
made from wood or other forest residues.
    Wood-fired boiler means a furnace or boiler used for combusting 
wood for the primary purpose of producing steam or hot water by heat 
transfer.
    Wood-fired veneer dryer means a veneer dryer that is directly 
heated by the products of combustion of wood in

[[Page 11767]]

addition to, or exclusive of, steam or natural gas or propane 
combustion.
    Woodwaste burner means a wigwam burner, teepee burner, silo burner, 
olivine burner, truncated cone burner, or other such wood waste burning 
device used by the wood products industry for the disposal of wood 
wastes by burning.
    (b) Requirement for testing. The Regional Administrator may 
require, in a permit to construct or a permit to operate, that a person 
demonstrate compliance with the ``General Rules for Application to 
Indian Reservations in EPA Region 10'' by performing a source test and 
submitting the test results to the Regional Administrator. A person may 
also be required by the Regional Administrator, in a permit to 
construct or permit to operate, to install and operate a continuous 
opacity monitoring system (COMS) or a continuous emissions monitoring 
system (CEMS) to demonstrate compliance. Nothing in the ``General Rules 
for Application to Indian Reservations in EPA Region 10'' limits the 
authority of the Regional Administrator to require, in an information 
request pursuant to section 114 of the Act, a person subject to the 
``General Rules for Application to Indian Reservations in EPA Region 
10'' to demonstrate compliance by performing source testing, even where 
the source does not have a permit to construct or a permit to operate.
    (c) Requirement for monitoring, recordkeeping, and reporting. 
Nothing in the ``General Rules for Application to Indian Reservations 
in EPA Region 10'' precludes the Regional Administrator from requiring 
monitoring, recordkeeping and reporting, including monitoring, 
recordkeeping and reporting in addition to that already required by an 
applicable requirement, in a permit to construct or permit to operate 
in order to ensure compliance.
    (d) Credible evidence. For the purposes of submitting compliance 
certifications or establishing whether or not a person has violated or 
is in violation of any requirement, nothing in the ``General Rules for 
Application to Indian Reservations in EPA Region 10'' shall preclude 
the use, including the exclusive use, of any credible evidence or 
information, relevant to whether a source would have been in compliance 
with applicable requirements if the appropriate performance or 
compliance test had been performed.
    (e) Incorporation by reference. The materials listed in this 
section are incorporated by reference in the corresponding sections 
noted. These incorporations by reference were approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
Part 51. These materials are incorporated as they exist on the date of 
the approval, and a notice of any change in these materials will be 
published in the Federal Register. The materials are available for 
purchase at the corresponding addresses noted below, or are available 
for inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., Suite 700, Washington, DC, at the Air and Radiation Docket 
and Information Center, U.S. EPA, 401 M Street, SW., Washington, DC, 
and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North 
Carolina.
    (1) The materials listed below are available for purchase from at 
least one of the following addresses: American Society for Testing and 
Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 
19428-2959; or University Microfilms International, 300 North Zeeb 
Road, Ann Arbor, Michigan 48106.
    (i) ASTM D388-99, Standard Classification of Coals by Rank, IBR 
approved for Sec. 49.123(a).
    (ii) ASTM D396-98, Standard Specification for Fuel Oils, IBR 
approved for Sec. 49.123(a) and Sec. 49.130(d).
    (iii) ASTM D240-92(1997)e2, Standard Test Method for Heat of 
Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR 
approved for Sec. 49.123(a).
    (iv) ASTM D1826-94(1998), Standard Test Method for Calorific 
(Heating) Value of Gases in Natural Gas Range by Continuous Recording 
Calorimeter, IBR approved for Sec. 49.123(a).
    (v) ASTM D5865-99a, Standard Test Method for Gross Calorific Value 
of Coal and Coke, IBR approved for Sec. 49.123(a).
    (vi) ASTM E711-87(1996) Standard Test Method for Gross Calorific 
Value of Refuse-Derived Fuel by the Bomb Calorimeter, IBR approved for 
Sec. 49.123(a).
    (vii) ASTM D2880-98, Standard Specification for Gas Turbine Fuel 
Oils, IBR approved for Sec. 49.130(e)(1).
    (viii) ASTM D4294-98, Standard Test Method for Sulfur in Petroleum 
Products by Energy-Dispersive X-ray Fluorescence Spectroscopy, IBR 
approved for Sec. 49.130(e)(1).
    (ix) ASTM D6021-96, Standard Test Method for Measurement of Total 
Hydrogen Sulfide in Residual Fuels by Multiple Headspace Extraction and 
Sulfur Specific Detection, IBR approved for Sec. 49.130(e)(1).
    (x) ASTM D3177-89(1997), Standard Test Methods for Total Sulfur in 
the Analysis Sample of Coal and Coke, IBR approved for 
Sec. 49.130(e)(2).
    (xi) ASTM D4239-00, Standard Test Methods for Sulfur in the 
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace 
Combustion Methods, IBR approved for Sec. 49.130(e)(2).
    (xii) ASTM D2492-90(1998), Standard Test Method for Forms of Sulfur 
in Coal, IBR approved for Sec. 49.130(e)(2).
    (xiii) ASTM E775-87(1996), Standard Test Methods for Total Sulfur 
in the Analysis Sample of Refuse-Derived Fuel, IBR approved for 
Sec. 49.130(e)(3).
    (xiv) ASTM D1072-90(1999), Standard Test Method for Total Sulfur in 
Fuel Gases, IBR approved for Sec. 49.130(e)(4).
    (xv) ASTM D3246-96, Standard Test Method for Sulfur in Petroleum 
Gas by Oxidative Microcoulometry, IBR approved for Sec. 49.130(e)(4).
    (xvi) ASTM D4084-94(1999) Standard Test Method for Analysis of 
Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), 
IBR approved for Sec. 49.130(e)(4).
    (xvii) ASTM D5504-98, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Chemiluminescence, IBR approved for Sec. 49.130(e)(4).
    (xviii) ASTM D4468-85(1995)e1, Standard Test Method for Total 
Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry, 
IBR approved for Sec. 49.130(e)(4).
    (xix) ASTM D2622-98, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR 
approved for Sec. 49.130(e)(4).
    (xx) ASTM D6228-98 Standard Test Method for Determination of Sulfur 
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and 
Flame Photometric Detection, IBR approved for Sec. 49.130(e)(4).


Sec. 49.124  Rule for limiting visible emissions.

    (a) What is the purpose of this rule? This rule, Sec. 49.124, 
limits the visible emissions of air pollutants from air pollution 
sources operating within the Indian reservation in order to control 
emissions of particulate matter to the atmosphere and ground-level 
concentrations of PM10 and to detect the violation of any other rules 
and regulations.
    (b) Who is affected by this rule? This rule, Sec. 49.124, applies 
to any person who owns or operates an air pollution source that emits, 
or could emit, particulate matter or other visible air pollutants to 
the atmosphere, unless exempted in paragraph (c) of this section.

[[Page 11768]]

    (c) What is exempted from this rule? This rule, Sec. 49.124, does 
not apply to open burning, agricultural activities, non-commercial 
smoke houses, sweat houses or lodges, smudge pots, furnaces and boilers 
used exclusively to heat residential buildings with four or fewer 
dwelling units, fugitive dust from public roads owned or maintained by 
any Federal, Tribal, State or local government, and emissions from fuel 
combustion in mobile sources.
    (d) What are the opacity limits for air pollution sources?
    (1) The visible emissions from an air pollution source must not 
exceed 20% opacity, averaged over any consecutive 6-minute period, 
unless paragraph (d)(2) or (d)(3) of Sec. 49.124 applies to the air 
pollution source.
    (2) The visible emissions from an air pollution source may exceed 
the 20% opacity limit if the owner or operator of the air pollution 
source demonstrates to the Regional Administrator's satisfaction that 
the presence of uncombined water, such as steam, is the only reason for 
the failure of an air pollution source to meet the 20% opacity limit.
    (3) The visible emissions from an oil-fired boiler or solid fuel-
fired boiler that continuously measures opacity with a continuous 
opacity monitoring system (COMS) may exceed the 20% opacity limit 
during start-up, soot blowing, and grate cleaning for a single period 
of up to 15 minutes in any 8 consecutive hours, but must not exceed 60% 
opacity at any time.
    (e) What is the reference method for determining compliance?
    (1) The reference method for determining compliance with the 
opacity limits is EPA Method 9 of Appendix A of 40 CFR Part 60. A 
complete description of this method is found in Appendix A.
    (2) An alternative reference method for determining compliance is a 
COMS that complies with Performance Specification 1 found in Appendix B 
of 40 CFR Part 60.
    (3) This rule, Sec. 49.124, does not require any person to conduct 
Method 9, of Appendix A of 40 CFR Part 60, opacity readings or to 
install a COMS unless specifically required by the Regional 
Administrator in a permit to construct or permit to operate.
    (f) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.124, are defined in Sec. 49.123 
General provisions: Act, agricultural activities, air pollutant, air 
pollution source, ambient air, coal, continuous opacity monitoring 
system (COMS), distillate fuel oil, emission, fuel, fuel oil, fugitive 
dust, gaseous fuel, grate cleaning, marine vessel, mobile sources, 
motor vehicle, non-road engine, non-road vehicle, oil-fired boiler, 
opacity, open burning, particulate matter, permit to construct, permit 
to operate, PM10, reference method, refuse, Regional Administrator, 
residual fuel oil, solid fuel, solid fuel-fired boiler, soot blowing, 
stack, standard conditions, start-up, stationary source, uncombined 
water, used oil, visible emissions, and wood.


Sec. 49.125  Rule for limiting the emissions of particulate matter.

    (a) What is the purpose of this rule? This rule, Sec. 49.125, 
limits the amount of particulate matter that can be emitted from 
certain air pollution sources within the Indian reservation in order to 
control ground-level concentrations of PM10.
    (b) Who is affected by this rule? This rule, Sec. 49.125, applies 
to any person who owns or operates an air pollution source that emits, 
or could emit, particulate matter to the atmosphere, unless exempted in 
paragraph (c) of this section.
    (c) What is exempted from this rule? This rule, Sec. 49.125, does 
not apply to woodwaste burners, furnaces and boilers used exclusively 
for space heating with a rated heat input capacity of less than 400,000 
British thermal units (Btu) per hour, non-commercial smoke houses, 
sweat houses or lodges, and mobile sources.
    (d) What are the particulate matter limits for sources?
    (1) Particulate matter emissions from a combustion source (except 
for wood-fired boilers) must not exceed an average of 0.23 grams per 
dry standard cubic meter (0.1 grains per dry standard cubic foot), 
corrected to seven (7) percent oxygen, during any three (3) hour 
period.
    (2) Particulate matter emissions from a wood-fired boiler must not 
exceed an average of 0.46 grams per dry standard cubic meter (0.2 
grains per dry standard cubic foot), corrected to seven (7) percent 
oxygen, during any three (3) hour period.
    (3) Particulate matter emissions from a process source must not 
exceed an average of 0.23 grams per dry standard cubic meter (0.1 
grains per dry standard cubic foot) during any three (3) hour period.
    (e) What is the reference method for determining compliance?
    (1) The reference method for determining compliance with the 
particulate matter limits for a combustion source, wood-fired boiler, 
or process source is EPA Method 5. A complete description of this 
method is found in Appendix A of 40 CFR Part 60.
    (2) This rule, Sec. 49.125, does not require any person to conduct 
a Method 5 source test unless specifically required by the Regional 
Administrator in a permit to construct or permit to operate.
    (f) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.125, are defined in Sec. 49.123 
General provisions: Act, air pollutant, air pollution source, ambient 
air, British thermal unit (Btu), coal, combustion source, distillate 
fuel oil, emission, fuel, fuel oil, gaseous fuel, heat input, 
incinerator, marine vessel, mobile sources, motor vehicle, non-road 
engine, non-road vehicle, open burning, particulate matter, permit to 
construct, permit to operate, PM10, process source, reference method, 
refuse, residual fuel oil, solid fuel, stack, standard conditions, 
stationary source, uncombined water, used oil, wood, wood-fired boiler, 
and woodwaste burner.


Sec. 49.126  Rule for limiting fugitive particulate matter emissions.

    (a) What is the purpose of this rule? This rule, Sec. 49.126, 
limits the amount of fugitive particulate matter that can be emitted 
from air pollution sources within the Indian reservation in order to 
control ground-level concentrations of PM10.
    (b) Who is affected by this rule? This rule, Sec. 49.126, applies 
to any person who owns or operates a source of fugitive particulate 
matter emissions.
    (c) What is exempted from this rule? This rule, Sec. 49.126, does 
not apply to activities associated with single family residences or 
residential buildings with four or fewer dwelling units, agricultural 
activities, or public roads owned or maintained by any Federal, Tribal, 
State or local government.
    (d) What are the requirements for sources of fugitive particulate 
matter emissions?
    (1) The owner or operator of any source of fugitive particulate 
matter emissions, including any source or activity engaged in materials 
handling or storage, construction, demolition, or any other operation 
that is or may be a source of fugitive particulate matter emissions, 
must take all reasonable precautions to prevent fugitive particulate 
matter emissions and must maintain and operate the source to minimize 
fugitive particulate matter emissions.
    (2) Reasonable precautions include, but are not limited to the 
following:
    (i) Use, where possible, of water or chemicals for control of dust 
in the demolition of buildings or structures,

[[Page 11769]]

construction operations, grading of roads, or clearing of land.
    (ii) Application of asphalt, oil (but not used oil), water, or 
other suitable chemicals on unpaved roads, materials stockpiles, and 
other surfaces that can create airborne dust.
    (iii) Full or partial enclosure of materials stockpiles in cases 
where application of oil, water, or chemicals is not sufficient or 
appropriate to prevent particulate matter from becoming airborne.
    (iv) Implementation of good housekeeping practices to avoid or 
minimize the accumulation of dusty materials that have the potential to 
become airborne, and the prompt cleanup of spilled or accumulated 
materials.
    (v) Installation and use of hoods, fans, and fabric filters to 
enclose and vent the handling of dusty materials.
    (vi) Adequate containment during sandblasting or other similar 
operations.
    (vii) Covering, at all times when in motion, open bodied trucks 
transporting materials likely to become airborne.
    (viii) The prompt removal from paved streets of earth or other 
material that does or may become airborne.
    (e) Are there additional requirements that must be met?
    (1) A person subject to this rule, Sec. 49.126, must:
    (i) Periodically survey the air pollution source during typical 
operating conditions to determine if there are sources of fugitive 
particulate matter emissions. This must be done at least once each 
calendar quarter, and must be done weekly if dry or dusty materials are 
handled at the air pollution source. Document the results of the 
survey, including the date and time of the survey and identification of 
any sources of fugitive particulate matter emissions found.
    (ii) If sources of fugitive particulate matter emissions are 
present, determine the reasonable precautions that will be taken to 
prevent fugitive particulate matter emissions.
    (iii) Prepare, and update as necessary following each periodic 
survey, a written plan that specifies the reasonable precautions to be 
taken and the procedures to be followed to prevent fugitive particulate 
matter emissions.
    (iv) Implement the reasonable precautions and procedures plan, and 
maintain and operate the source to minimize fugitive particulate matter 
emissions.
    (v) Maintain records for five years that document the periodic 
surveys and the reasonable precautions that were taken to prevent 
fugitive particulate matter emissions.
    (2) The Regional Administrator may require specific actions to 
prevent fugitive particulate matter emissions, or impose conditions to 
maintain and operate the air pollution source to minimize fugitive 
particulate matter emissions, in a permit to construct or a permit to 
operate for the source.
    (3) A prudent approach to complying with this rule, Sec. 49.126, 
requires that the owner or operator consider all environmental 
implications of any particular measures. Efforts to comply with this 
rule cannot be used as a reason for not complying with other 
environmental rules, or in the absence of such rules, creating other 
environmental problems.
    (f) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.126, are defined in Sec. 49.123 
General provisions: Agricultural activities, air pollutant, air 
pollution source, ambient air, emission, fugitive dust, fugitive 
particulate matter, owner or operator, particulate matter, permit to 
construct, permit to operate, PM10, Regional Administrator, stack, and 
uncombined water.


Sec. 49.127  Rule for woodwaste burners.

    (a) What is the purpose of this rule? This rule, Sec. 49.127, 
phases out the operation of woodwaste burners (commonly known as wigwam 
or teepee burners), and in the interim, limits the visible emissions 
from woodwaste burners operating within the Indian reservation in order 
to control emissions of particulate matter to the atmosphere and 
ground-level concentrations of PM10.
    (b) Who is affected by this rule? This rule, Sec. 49.127, applies 
to any person who owns or operates a woodwaste burner.
    (c) What are the requirements for woodwaste burners?
    (1) The owner or operator of a woodwaste burner must shut down and 
dismantle the woodwaste burner by no later than 2 years after the 
effective date of this rule, Sec. 49.127. Until the woodwaste burner is 
shut down, visible emissions from the woodwaste burner must not exceed 
20% opacity, averaged over any consecutive 6-minute period.
    (2) Until the woodwaste burner is shut down, only wood waste 
generated onsite may be burned or disposed of in the woodwaste burner.
    (3) If there is no reasonably available alternative method of 
disposal for the wood waste other than by burning it onsite in a 
woodwaste burner, the owner or operator of the woodwaste burner that is 
in compliance with the opacity limit in paragraph (c)(1) of this 
section, may apply to the Regional Administrator for an extension of 
the 2-year deadline. If the Regional Administrator finds that there is 
no reasonably available alternative method of disposal, then a 2-year 
extension of the deadline may be granted. There is no limit to the 
number of extensions that may be granted by the Regional Administrator.
    (d) What is the reference method for determining compliance with 
the opacity limit?
    (1) The reference method for determining compliance with the 
opacity limit is EPA Method 9. A complete description of this method is 
found in 40 CFR Part 60, Appendix A.
    (2) This rule, Sec. 49.127, does not require any person to conduct 
Method 9 opacity readings unless specifically required by the Regional 
Administrator in a permit to construct or permit to operate.
    (e) Are there additional requirements that must be met? A person 
subject to this rule, Sec. 49.127, must submit a plan to shut down and 
dismantle the woodwaste burner to the Regional Administrator within 180 
days after the effective date of this rule, Sec. 49.127. Unless an 
extension has been granted by the Regional Administrator, the woodwaste 
burner must be shut down and dismantled within 2 years after the 
effective date of this rule, Sec. 49.127. The owner or operator of the 
woodwaste burner must notify the Regional Administrator that the 
woodwaste burner has been shut down and dismantled within 30 days after 
completion.
    (f) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.127, are defined in Sec. 49.123 
General provisions: Air pollutant, ambient air, emission, opacity, 
owner or operator, particulate matter, permit to construct, permit to 
operate, PM10, reference method, Regional Administrator, stationary 
source, uncombined water, visible emissions, wood, and woodwaste 
burner.


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

    (a) What is the purpose of this rule? This rule, Sec. 49.128, 
limits the amount of particulate matter that can be emitted from 
certain wood products industry sources within the Indian reservation in 
order to control ground-level concentrations of PM10.
    (b) Who is affected by this rule? This rule, Sec. 49.128, applies 
to any person who owns or operates any of the following wood products 
industry sources:

[[Page 11770]]

    (1) Veneer manufacturing operations;
    (2) Plywood manufacturing operations;
    (3) Particleboard manufacturing operations; and
    (4) Hardboard manufacturing operations.
    (c) What are the particulate matter limits for wood products 
industry sources? These particulate matter limits are in addition to, 
and not in lieu of, the particulate matter limits for combustion 
sources and process sources.
    (1) Veneer Dryers at Veneer Manufacturing Operations and Plywood 
Manufacturing Operations.
    (i) Particulate matter emissions from direct natural gas fired or 
direct propane fired veneer dryers must not exceed 0.3 pounds per 1000 
square feet of veneer dried (3/8 inch basis), one-hour average.
    (ii) Particulate matter emissions from steam heated veneer dryers 
must not exceed 0.3 pounds per 1000 square feet of veneer dried (3/8 
inch basis), one-hour average.
    (iii) Particulate matter emissions from wood fired veneer dryers 
must not exceed a total of 0.3 pounds per 1000 square feet of veneer 
dried (3/8 inch basis) and 0.2 pounds per 1000 pounds of steam 
generated in boilers, prorated for the amount of combustion gases 
routed to the veneer dryer, one-hour average.
    (2) Wood Particle Dryers at Particleboard Manufacturing Operation. 
Particulate matter emissions from wood particle dryers must not exceed 
a total of 0.4 pounds per 1000 square feet of board produced by the 
plant (3/4 inch basis), one-hour average.
    (3) Press/Cooling Vents at Hardboard Manufacturing Operations. 
Particulate matter emissions from hardboard press/cooling vents must 
not exceed 0.3 pounds per 1000 square feet of hardboard produced (1/8 
inch basis), one-hour average.
    (4) Tempering Ovens at Hardboard Manufacturing Operations. A person 
must not operate any hardboard tempering oven unless all gases and 
vapors are collected and treated in a fume incinerator capable of 
raising the temperature of the gases and vapors to at least 1500 
degrees Fahrenheit for 0.3 seconds or longer.
    (d) What is the reference method for determining compliance?
    (1) The reference method for determining compliance with the 
particulate matter limits is EPA Method 202. A complete description of 
this method is found in 40 CFR Part 51, Appendix M.
    (2) This rule, Sec. 49.128, does not require any person to conduct 
a Method 202 source test unless specifically required by the Regional 
Administrator in a permit to construct or permit to operate.
    (e) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.128, are defined in Sec. 49.123 
General provisions: Act, combustion source, emissions, hardboard, 
particleboard, particulate matter, permit to construct, permit to 
operate, plywood, PM10, press/cooling vent, process source, tempering 
oven, veneer, veneer dryer, wood, and wood-fired veneer dryer.


Sec. 49.129  Rule for limiting emissions of sulfur dioxide.

    (a) What is the purpose of this rule? This rule, Sec. 49.129, 
limits the amount of sulfur dioxide (SO2) that can be 
emitted from certain air pollution sources within the Indian 
reservation in order to control ground-level concentrations of 
SO2.
    (b) Who is affected by this rule? This rule, Sec. 49.129, applies 
to any person who owns or operates an air pollution source that emits, 
or could emit, SO2 to the atmosphere.
    (c) What is exempted from this rule? This rule, Sec. 49.129, does 
not apply to furnaces and boilers used exclusively for space heating 
with a rated heat input capacity of less than 400,000 British thermal 
units (Btu) per hour, and mobile sources.
    (d) What are the sulfur dioxide limits for sources?
    (1) Sulfur dioxide emissions from a combustion source must not 
exceed an average of 500 parts per million by volume, on a dry basis 
and corrected to seven (7) percent oxygen, during any three (3) hour 
period.
    (2) Sulfur dioxide emissions from a process source must not exceed 
an average of 500 parts per million by volume, on a dry basis, during 
any three (3) hour period.
    (e) What are the reference methods for determining compliance?
    (1) The reference methods for determining compliance with the 
SO2 limits are EPA Methods 6, 6A, 6B, and 6C as specified in 
the applicability section of each Method. A complete description of 
these methods are found in 40 CFR Part 60, Appendix A.
    (2) An alternative reference method is a continuous emissions 
monitoring system (CEMS) that complies with Performance Specification 2 
found in 40 CFR Part 60, Appendix B.
    (3) This rule, Sec. 49.129, does not require any person to conduct 
Method 6, 6A, 6B, or 6C of Appendix A of 40 CFR Part 60 source tests or 
to install a continuous emissions monitoring system (CEMS) unless 
specifically required by the Regional Administrator in a permit to 
construct or permit to operate.
    (f) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.129, are defined in Sec. 49.123 
General provisions: Act, air pollutant, air pollution source, ambient 
air, British thermal unit (Btu), coal, combustion source, continuous 
emissions monitoring system (CEMS), distillate fuel oil, emission, 
fuel, fuel oil, gaseous fuel, heat input, incinerator, marine vessel, 
mobile sources, motor vehicle, non-road engine, non-road vehicle, open 
burning, permit to construct, permit to operate, process source, 
reference method, refuse, residual fuel oil, solid fuel, stack, 
standard conditions, stationary source, used oil, wood, and woodwaste 
burner.


Sec. 49.130  Rule for limiting sulfur in fuels.

    (a) What is the purpose of this rule? This rule, Sec. 49.130, 
limits the amount of sulfur contained in fuels that are burned at 
stationary sources within the Indian reservation in order to control 
emissions of sulfur dioxide (SO2) to the atmosphere and 
ground-level concentrations of SO2.
    (b) Who is affected by this rule? This rule, Sec. 49.130, applies 
to any person who sells, distributes, uses, or makes available for use, 
any fuel oil, coal, solid fuel, or gaseous fuel within the Indian 
reservation.
    (c) What is exempted from this rule? This rule, Sec. 49.130, does 
not apply to fuel oils used exclusively for mobile sources, such as 
automotive and marine diesel fuels.
    (d) What are the sulfur limits for fuels? A person must not sell, 
distribute, use, or make available for use any fuel oil, coal, solid 
fuel, or gaseous fuel that contains more than the following amounts of 
sulfur:
    (1) For distillate fuel oil--0.3 percent by weight for ASTM Grade 1 
fuel oil;
    (2) For distillate fuel oil--0.5 percent by weight for ASTM Grade 2 
fuel oil;
    (3) For residual fuel oil--1.75 percent sulfur by weight for ASTM 
Grades 4, 5, or 6 fuel oil;
    (4) For used oil--2.0 percent sulfur by weight;
    (5) For coal--1.0 percent sulfur by weight;
    (6) For solid fuels--2.0 percent sulfur by weight;
    (7) For gaseous fuels--1.1 grams of sulfur per dry standard cubic 
meter of gaseous fuel (400 parts per million at standard conditions).
    (e) What are the reference methods for determining compliance? The 
reference methods for determining the amount of sulfur in a fuel are as 
follows:

[[Page 11771]]

    (1) Sulfur content in fuel oil--ASTM methods D2880-98, D4294-98, 
and D6021-96;
    (2) Sulfur content in coal--ASTM methods D3177-89(1997), D4239-00, 
and D2492-90(1998);
    (3) Sulfur content in solid fuels--ASTM method E775-87(1996);
    (4) Sulfur content in gaseous fuels--ASTM methods D1072-90(1999), 
D3246-96, D4084-94(1999), D5504-98, D4468-85(1995)e1, D2622-98, and 
D6228-98.
    (f) Are there additional requirements that must be met?
    (1) A person subject to this rule, Sec. 49.130, must:
    (i) For fuel oils, obtain, record, and keep records of the percent 
sulfur by weight from the vendor for each purchase of fuel oil. If the 
vendor is unable to provide this information, then obtain a 
representative grab sample for each purchase and test the sample using 
the reference method.
    (ii) For gaseous fuels, either obtain, record, and keep records of 
the sulfur content from the vendor, or continuously monitor the sulfur 
content of the fuel gas line using EPA Methods 11 or 16. Complete 
descriptions of these Methods are found in 40 CFR Part 60, Appendix A. 
If only pipeline natural gas is used, then keep records showing that 
only pipeline quality natural gas was used.
    (iii) For coal and solid fuels, either obtain, record, and keep 
records of the percent sulfur by weight from the vendor for each 
purchase of coal or solid fuel, or obtain a representative grab sample 
for each day of operation and test the sample using the reference 
method. The owner or operator of a coal or solid fuel-fired source may 
apply to the Regional Administrator for a waiver of this provision or 
for approval of an alternative fuel sampling program.
    (2) Records of fuel purchases and fuel sulfur content must be kept 
for a period of five (5) years and must be made available to the 
Regional Administrator upon request.
    (3) The owner or occupant of a single family residence, and the 
owner or manager of a residential building with four or fewer dwelling 
units, is not subject to the requirement to obtain and record the 
percent sulfur content from the vendor if the fuel used in an oil, 
coal, or gas furnace is purchased from a licensed fuel distributor.
    (g) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.130, are defined in Sec. 49.123 
General provisions: Act, air pollutant, ambient air, coal, distillate 
fuel oil, emission, fuel, fuel oil, gaseous fuel, marine vessel, mobile 
sources, motor vehicle, non-road engine, non-road vehicle, owner or 
operator, reference method, refuse, Regional Administrator, residual 
fuel oil, solid fuel, standard conditions, stationary source, and used 
oil.


Sec. 49.131  General rule for open burning.

    (a) What is the purpose of this rule? This rule, Sec. 49.131, 
limits the types of materials that can be open burned within the Indian 
reservation in order to control emissions of particulate matter and 
other noxious fumes to the atmosphere and ground-level concentrations 
of PM10.
    (b) Who is affected by this rule? This rule, Sec. 49.131, applies 
to any person who conducts open burning.
    (c) What is exempted from this rule? The following open fires are 
exempted from this rule, Sec. 49.131:
    (1) Outdoor fires set for cultural or traditional purposes;
    (2) Fires set for cultural or traditional purposes within 
structures such as sweat houses or lodges;
    (3) Except during a burn ban under paragraphs (d)(2) and (d)(3) of 
this section, fires set for recreational purposes provided that no 
prohibited materials are burned;
    (4) Except during a burn ban under paragraphs (d)(2) and (d)(3) of 
this section, burn barrels located at single family residences or 
residential buildings with four or fewer dwelling units that are only 
used to dispose of combustible household wastes generated onsite;
    (5) With permission from the Regional Administrator, open outdoor 
fires used by qualified personnel to train firefighters in the methods 
of fire suppression and fire fighting techniques, provided that 
training fires are not allowed to smolder after the training session 
has terminated. Prior to igniting any structure, the fire protection 
service shall ensure that the structure does not contain any asbestos 
or asbestos containing materials; batteries; stored chemicals such as 
pesticides, herbicides, fertilizers, paints, glues, sealers, tars, 
solvents, household cleaners, or photographic reagents; stored 
linoleum, plastics, rubber, tires, or insulated wire; or hazardous 
wastes. Before requesting permission from the Regional Administrator, 
the fire protection service must notify any appropriate Tribal air 
pollution authority and obtain any permissions or approvals required by 
the Tribe;
    (6) With permission from the Regional Administrator, one open 
outdoor fire each year to dispose of fireworks and associated packaging 
materials. Before requesting permission from the Regional 
Administrator, the owner or operator must notify any appropriate Tribal 
air pollution authority and obtain any permissions or approvals 
required by the Tribe;
    (7) Open burning for the disposal of diseased animals or infested 
material by order of a public health official.
    (d) What are the requirements for open burning?
    (1) A person must not open burn, or allow the open burning of, the 
following materials:
    (i) Garbage;
    (ii) Dead animals or parts of dead animals;
    (iii) Junked motor vehicles or any materials resulting from a 
salvage operation;
    (iv) Tires or rubber materials or products;
    (v) Plastics;
    (vi) Asphalt or composition roofing, or any other asphaltic 
material or product;
    (vii) Tar, tarpaper, petroleum products, or paints;
    (viii) Paper or cardboard other than what is necessary to start a 
fire;
    (ix) Lumber or timbers treated with preservatives;
    (x) Construction debris or demolition waste;
    (xi) Pesticides, herbicides, fertilizers, or other chemicals;
    (xii) Insulated wire;
    (xiii) Batteries;
    (xiv) Light bulbs;
    (xv) Materials containing mercury (thermometers for example);
    (xvi) Asbestos or materials containing asbestos;
    (xvii) Pathogenic wastes;
    (xviii) Hazardous wastes; or
    (xix) Any material other than natural vegetation that normally 
emits dense smoke or noxious fumes when burned.
    (2) Except for exempted fires set for cultural or traditional 
purposes, all open burning is prohibited whenever the Regional 
Administrator declares a burn ban due to deteriorating air quality. A 
burn ban may be declared whenever the Regional Administrator determines 
that air quality levels have exceeded, or are expected to exceed, 75% 
of any national ambient air quality standard and will continue to 
exceed that level for at least the next 24 hours.
    (3) Except for exempted fires set for cultural or traditional 
purposes, all open burning is prohibited whenever the National Weather 
Service issues an air stagnation advisory, or the Regional 
Administrator declares an air pollution alert, air pollution warning, 
or air pollution emergency pursuant to Sec. 49.137 Air pollution 
episodes.
    (4) Nothing in this rule, Sec. 49.131, exempts or excuses any 
person from

[[Page 11772]]

complying with applicable laws and ordinances of other governmental 
jurisdictions responsible for fire control.
    (e) Are there additional requirements that must be met?
    (1) A person subject to this rule, Sec. 49.131, must conduct open 
burning as follows:
    (i) Prohibited materials must not be open burned;
    (ii) All materials to be open burned must be kept as dry as 
possible through the use of a cover or dry storage;
    (iii) Before igniting a burn, noncombustibles must be separated 
from the materials to be open burned to the greatest extent 
practicable;
    (iv) Natural or artificially induced draft must be present;
    (v) To the greatest extent practicable, materials to be open burned 
must be separated from the grass or peat layer; and
    (vi) A fire must not be allowed to smolder.
    (2) A person must not initiate any open burning subject to this 
rule when:
    (i) The Regional Administrator has declared a burn ban;
    (ii) An air stagnation advisory has been issued by the National 
Weather Service; or
    (iii) An air pollution alert, warning, or emergency has been 
declared by the Regional Administrator.
    (3) Any person conducting open burning subject to this rule, 
Sec. 49.131, when such an advisory is issued or declaration is made 
must either immediately extinguish the fire, or immediately withhold 
additional material such that the fire burns down.
    (f) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.131, are defined in Sec. 49.123 
General provisions: Air pollutant, ambient air, burn barrel, 
combustible household wastes, emission, open burning, particulate 
matter, PM10, Regional Administrator, stack, and uncombined water.


Sec. 49.132  Rule for general open burning permits.

    (a) What is the purpose of this rule? This rule, Sec. 49.132, 
establishes a permitting program for open burning within the Indian 
reservation in order to control emissions of particulate matter and 
other noxious fumes to the atmosphere and ground-level concentrations 
of PM10.
    (b) Who is affected by this rule? This rule, Sec. 49.132, applies 
to any person who conducts open burning.
    (c) What is exempted from this rule? The following open fires are 
exempted from this rule, Sec. 49.132:
    (1) Outdoor fires set for cultural or traditional purposes;
    (2) Fires set for cultural or traditional purposes within 
structures such as sweat houses or lodges;
    (3) Fires set for recreational purposes, provided that no 
prohibited materials are burned;
    (4) Forestry or silvicultural burning;
    (5) Agricultural burning; and
    (6) Burn barrels located at single family residences or residential 
buildings with four or fewer dwelling units that are only used to 
dispose of combustible household wastes generated onsite.
    (d) What are the requirements for open burning?
    (1) A person must apply for and obtain a permit for the open burn, 
have the permit available on site during the open burn, and conduct the 
open burning in accordance with the terms and conditions of the permit.
    (2) A person must comply with the Sec. 49.131 General rule for open 
burning or the EPA-approved Tribal open burning rule, as applicable.
    (3) Nothing in this rule, Sec. 49.132, exempts or excuses any 
person from complying with applicable laws and ordinances of other 
governmental jurisdictions responsible for fire control.
    (e) Are there additional requirements that must be met?
    (1) A person subject to this rule, Sec. 49.132, must submit an 
application to the Regional Administrator for each open burn. An 
application must be submitted in writing at least one working day, and 
no earlier than 5 working days, prior to the requested date that the 
burn would be conducted, and must contain, at a minimum, the following 
information:
    (i) Street address of the property upon that the proposed open 
burning will occur. If there is no street address of the property, the 
legal description of the property.
    (ii) Name, mailing address, and telephone number of the person who 
will be responsible for conducting the proposed open burning.
    (iii) A plot plan showing the location of the proposed open burning 
in relation to the property lines and indicating the distances and 
directions of the nearest residential and commercial properties.
    (iv) The type and quantity of materials proposed to be burned, 
including the estimated volume of material to be burned and the area 
over that burning will be conducted.
    (v) A description of the measures that will be taken to prevent 
escaped burns, including but not limited to the availability of water.
    (vi) The requested date (or dates if the duration of the burn is 
more than one day) that the proposed open burning would be conducted.
    (vii) Any other information specifically requested by the Regional 
Administrator.
    (2) If the proposed open burning is consistent with this rule 
(Sec. 49.132) and Sec. 49.131 General rule for open burning (or the 
EPA-approved Tribal open burning rule), the Regional Administrator may 
issue a burn permit. The permit will authorize burning only for the 
requested date(s) and will include any conditions that the Regional 
Administrator determines are necessary to ensure compliance with this 
rule (Sec. 49.132), Sec. 49.131 General rule for open burning (or the 
EPA-approved Tribal open burning rule), and to protect the public 
health and welfare.
    (3) When reviewing an application, the Regional Administrator shall 
take into consideration the size, duration, and location of the 
proposed open burn, the current and projected air quality conditions, 
the forecasted meteorological conditions, and other scheduled burning 
activities in the surrounding area. Where the Regional Administrator 
determines that the proposed open burning can be conducted without 
causing an adverse impact on air quality, a permit may be issued.
    (4) The Regional Administrator, to the extent practical, will 
coordinate the issuance of open burning permits with the opening 
burning permit programs of surrounding jurisdictions.
    (f) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.132, are defined in Sec. 49.123 
General provisions: Agricultural burning, air pollutant, ambient air, 
burn barrel, combustible household wastes, emission, forestry or 
silvicultural burning, open burning, particulate matter, PM10, Regional 
Administrator, stack, and uncombined water.


Sec. 49.133  Rule for agricultural burning permits.

    (a) What is the purpose of this rule? This rule, Sec. 49.133, 
establishes a permitting program for agricultural burning within the 
Indian reservation in order to control emissions of particulate matter 
and other noxious fumes to the atmosphere and ground-level 
concentrations of PM10.
    (b) Who is affected by this rule? This rule, Sec. 49.133, applies 
to any person who conducts agricultural burning.
    (c) What are the requirements for agricultural burning?
    (1) A person must apply for and obtain a permit for the 
agricultural burn, have the permit available onsite during the 
agricultural burn, and conduct the

[[Page 11773]]

agricultural burning in accordance with the terms and conditions of the 
permit.
    (2) A person must comply with Sec. 49.131 General rule for open 
burning or the EPA-approved Tribal open burning rule, as applicable.
    (3) Nothing in this rule, Sec. 49.133, exempts or excuses any 
person from complying with applicable laws and ordinances of other 
governmental jurisdictions responsible for fire control.
    (d) Are there additional requirements that must be met?
    (1) A person subject to this rule, Sec. 49.133, must submit an 
application to the Regional Administrator for each proposed 
agricultural burn. An application must contain, at a minimum, the 
following information:
    (i) Street address of the property upon which the proposed 
agricultural burning will occur. If there is no street address of the 
property, the legal description of the property.
    (ii) Name, mailing address, and telephone number of the person who 
will be responsible for conducting the proposed agricultural burning.
    (iii) A plot plan showing the location of the proposed agricultural 
burning in relation to the property lines and indicating the distances 
and directions of the nearest residential and commercial properties.
    (iv) The type and quantity of agricultural wastes proposed to be 
burned, including the estimated weight of material to be burned and the 
area over which burning will be conducted.
    (v) A description of the burning method(s) to be used (pile or 
stack burn, open field or broadcast burn, windrow burn, mobile field 
sanitizer, etc.) and the amount of material to be burned with each 
method.
    (vi) A description of the measures that will be taken to prevent 
escaped burns, including but not limited to the availability of water 
and plowed firebreaks.
    (vii) The requested date(s) that the proposed agricultural burning 
would be conducted.
    (viii) Any other information specifically requested by the Regional 
Administrator.
    (2) If the proposed agricultural burning is consistent with this 
rule, Sec. 49.133, and Sec. 49.131 General rule for open burning (or 
the EPA-approved Tribal open burning rule), the Regional Administrator 
may issue a preliminary burn permit.
    (3) On the morning of the day that the agricultural burning is to 
be conducted (or on Friday morning if the burn is to be conducted on a 
weekend, or on the morning of the last workday before a holiday), the 
person responsible for the burning must contact the Regional 
Administrator to receive final approval for the burn. Final approval 
can be obtained either verbally or in writing and will authorize 
burning to be conducted in accordance with the preliminary burn permit.
    (4) When reviewing an application, the Regional Administrator shall 
take into consideration the size, duration, and location of the 
proposed burn, the current and projected air quality conditions, the 
forecasted meteorological conditions, and other scheduled burning 
activities in the surrounding area. Where the Regional Administrator 
determines that the proposed agricultural burning can be conducted 
without causing an adverse impact on air quality, final approval may be 
granted.
    (5) The Regional Administrator, to the extent practical, will 
consult with and coordinate final approvals with the open burning 
permit programs of surrounding jurisdictions.
    (e) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.133, are defined in Sec. 49.123 
General provisions: Agricultural burning or agricultural burn, air 
pollutant, ambient air, emission, open burning, particulate matter, 
PM10, Regional Administrator, stack, and uncombined water.


Sec. 49.134  Rule for forestry burning permits.

    (a) What is the purpose of this rule? This rule, Sec. 49.134, 
establishes a permitting program for forestry burning within the Indian 
reservation in order to control emissions of particulate matter and 
other noxious fumes to the atmosphere and ground-level concentrations 
of PM10.
    (b) Who is affected by this rule? This rule, Sec. 49.134, applies 
to any person who conducts forestry burning.
    (c) What are the requirements for forestry burning?
    (1) A person must apply for and obtain a permit for the forestry 
burn, have the permit available onsite during the forestry burn, and 
conduct the forestry burning in accordance with the terms and 
conditions of the permit.
    (2) A person must comply with Sec. 49.131 General rule for open 
burning or the EPA-approved Tribal open burning rule, as applicable.
    (3) Nothing in this rule, Sec. 49.134, exempts or excuses any 
person from complying with applicable laws and ordinances of other 
governmental jurisdictions responsible for fire control.
    (d) Are there additional requirements that must be met?
    (1) A person subject to this rule must submit an application to the 
Regional Administrator for each forestry burn. An application must 
contain, at a minimum, the following information:
    (i) Street address of the property upon which the proposed forestry 
burning will occur. If there is no street address of the property, the 
legal description of the property.
    (ii) Name, mailing address, and telephone number of the person who 
will be responsible for conducting the proposed forestry burning.
    (iii) A plot plan showing the location of the proposed forestry 
burning in relation to the property lines and indicating the distances 
and directions of the nearest residential and commercial properties.
    (iv) The type and quantity of forestry residues proposed to be 
burned, including the estimated weight of material to be burned and the 
area over which burning will be conducted.
    (v) A description of the burning method(s) to be used (pile burn, 
broadcast burn, windrow burn, understory burn, etc.) and the amount of 
material to be burned with each method.
    (vi) A description of the measures that will be taken to prevent 
escaped burns, including but not limited to the availability of water 
and firebreaks.
    (vii) The requested date(s) that the proposed forestry burning 
would be conducted.
    (viii) Any other information specifically requested by the Regional 
Administrator.
    (2) If the proposed forestry burning is consistent with this rule, 
Sec. 49.134, and Sec. 49.131 General rule for open burning (or the EPA-
approved Tribal open burning rule), the Regional Administrator may 
issue a preliminary burn permit.
    (3) On the morning of the day that the forestry burning is to be 
conducted (or on Friday morning if the burn is to be conducted on a 
weekend, or on the morning of the last workday before a holiday), the 
person responsible for the burning must contact the Regional 
Administrator to receive final approval for the burn. Final approval 
can be obtained either verbally or in writing and will authorize 
burning to be conducted in accordance with the preliminary burn permit.
    (4) When reviewing an application, the Regional Administrator shall 
take into consideration the size, duration, and location of the 
proposed burn, the current and projected air quality conditions, the 
forecasted meteorological conditions, and other scheduled burning 
activities in the surrounding area. Where the Regional Administrator 
determines that the proposed forestry burning can be

[[Page 11774]]

conducted without causing an adverse impact on air quality, final 
approval may be granted.
    (5) The Regional Administrator, to the extent practical, will 
consult with and coordinate final approvals with the opening burning 
permit programs of surrounding jurisdictions.
    (e) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.134, are defined in Sec. 49.123 
General provisions: Air pollutant, ambient air, emission, forestry or 
silvicultural burning, open burning, particulate matter, PM10, Regional 
Administrator, stack, and uncombined water.


Sec. 49.135  Rule for emissions detrimental to human health and 
welfare.

    (a) What is the purpose of this rule? This rule, Sec. 49.135, is 
intended to prevent the emission of air pollutants from any air 
pollution source operating within the Indian reservation from being 
detrimental to human health and welfare.
    (b) Who is affected by this rule? This rule, Sec. 49.135, applies 
to any person who owns or operates an air pollution source.
    (c) What are the requirements for air pollution sources?
    (1) A person must not cause or allow the emission of any air 
pollutants from an air pollution source, in sufficient quantities and 
of such characteristic and duration, that the Regional Administrator 
determines:
    (i) Causes or contributes to a violation of any national ambient 
air quality standard; or
    (ii) Is, or would likely be, injurious to human health and welfare.
    (2) If the Regional Administrator makes either of the above 
determinations, then the Regional Administrator may require the owner 
or operator of the source to install air pollution controls or to take 
reasonable precautions to reduce or prevent the emissions. If the 
Regional Administrator determines that the installation of air 
pollution controls or reasonable precautions are necessary, then the 
Regional Administrator will require the owner or operator to obtain a 
permit to construct or permit to operate for the source. The specific 
requirements will be established in the required permit to construct or 
permit to operate.
    (3) Nothing in this rule, Sec. 49.135, affects the ability of the 
Regional Administrator to issue an order pursuant to section 303 of the 
Act to require the owner or operator to immediately reduce or cease the 
emission of air pollutants.
    (4) Nothing in this rule, Sec. 49.135, shall be construed to impair 
any cause of action or legal remedy of any person, or the public, for 
injury or damages arising from the emission of any air pollutant in 
such place, manner, or amount as to constitute a common law nuisance.
    (d) What does someone subject to this rule need to do? A person 
subject to this rule, Sec. 49.135, must comply with the terms and 
conditions of any permit to construct, permit to operate, or order 
issued by the Regional Administrator.
    (e) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.135, are defined in Sec. 49.123 
General provisions: Air pollutant, air pollution source, ambient air, 
emission, owner or operator, permit to construct, permit to operate, 
Regional Administrator, and stationary source.

Tribal Alternative Rule


Sec. 49.136  Rule for emissions detrimental to persons, property, 
cultural or traditional resources.

    (a) What is the purpose of this rule? This rule, Sec. 49.136, is 
intended to prevent the emission of air pollutants from any air 
pollution source operating within the Indian reservation from being 
detrimental to persons, property, or cultural or traditional resources.
    (b) Who is affected by this rule? This rule, Sec. 49.136, applies 
to any person who owns or operates an air pollution source.
    (c) What are the requirements for air pollution sources?
    (1) A person must not cause or allow the emission of any air 
pollutants from an air pollution source, in sufficient quantities and 
of such characteristic and duration, that the Regional Administrator 
determines:
    (i) Causes or contributes to a violation of any national ambient 
air quality standard;
    (ii) Is, or would likely be, injurious to human health and welfare, 
animal or plant life, or property;
    (iii) Unreasonably interferes with the enjoyment of life or 
property; or
    (iv) Is, or would likely be, damaging to unique Tribal cultural or 
traditional resources.
    (2) If the Regional Administrator makes any of the above 
determinations, then the Regional Administrator may require the owner 
or operator of the source to install air pollution controls or to take 
reasonable precautions to reduce or prevent the emissions. If the 
Regional Administrator determines that the installation of air 
pollution controls or reasonable precautions are necessary, then the 
Regional Administrator will require the owner or operator to obtain a 
permit to construct or permit to operate for the source. The specific 
requirements will be established in the required permit to construct or 
permit to operate.
    (3) Nothing in this rule, Sec. 49.136, affects the ability of the 
Regional Administrator to issue an order pursuant to section 303 of the 
Act to require the owner or operator to immediately reduce or cease the 
emission of air pollutants.
    (4) Nothing in this rule, Sec. 49.136, shall be construed to impair 
any cause of action or legal remedy of any person, or the public, for 
injury or damages arising from the emission of any air pollutant in 
such place, manner, or amount as to constitute a common law nuisance.
    (d) What does someone subject to this rule need to do? A person 
subject to this rule, Sec. 49.136, must comply with the terms and 
conditions of any permit to construct, permit to operate, or order 
issued by the Regional Administrator.
    (e) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.136, are defined in Sec. 49.123 
General provisions: Air pollutant, air pollution source, ambient air, 
emission, owner or operator, permit to construct, permit to operate, 
Regional Administrator, and stationary source.


Sec. 49.137  Rule for air pollution episodes.

    (a) What is the purpose of this rule? This rule, Sec. 49.137, 
establishes procedures for addressing the excessive buildup of certain 
air pollutants during periods of stagnant air. This rule is intended to 
prevent the occurrence of an air pollution emergency within the Indian 
reservation due to the effects of these air pollutants on human health.
    (b) Who is affected by this rule? This rule, Sec. 49.137, applies 
to the Regional Administrator and any person who owns or operates an 
air pollution source within the Indian reservation.
    (c) What are the requirements of this rule?
    (1) Air pollution action level triggers. Conditions justifying the 
declaration of an air pollution alert, air pollution warning, or air 
pollution emergency shall exist whenever the Regional Administrator 
determines that the accumulation of air pollutants in any place is 
attaining, or has attained, levels that could lead to a threat to human 
health. The following criteria will be used for making these 
determinations:
    (i) Air stagnation advisory. An air stagnation advisory shall be 
declared whenever the National Weather Service issues an atmospheric 
stagnation advisory.
    (ii) Air pollution alert. An air pollution alert shall be declared 
when any one of the following levels is

[[Page 11775]]

reached, or is projected to be reached, at any monitoring site and the 
meteorological conditions are such that the level is expected to 
continue or reoccur over the next 24 hours.
    (A) Particulate matter (PM10)--350 micrograms per cubic meter, 24-
hour average;
    (B) Carbon monoxide (CO)--17 milligrams per cubic meter (15 ppm), 
8-hour average;
    (C) Sulfur dioxide (SO2)--800 micrograms per cubic meter 
(0.3 ppm), 24-hour average;
    (D) Ozone (O3)--400 micrograms per cubic meter (0.2 
ppm), 1-hour average;
    (E) Nitrogen dioxide (NO2)--1,130 micrograms per cubic 
meter (0.6 ppm), 1-hour average; and 282 micrograms per cubic meter 
(0.15 ppm), 24-hour average.
    (iii) Air pollution warning. An air pollution warning shall be 
declared when any one of the following levels is reached, or is 
projected to be reached, at any monitoring site and the meteorological 
conditions are such that the level is expected to continue or reoccur 
over the next 24 hours.
    (A) Particulate matter (PM10)--420 micrograms per cubic meter, 24-
hour average;
    (B) Carbon monoxide (CO)--34 milligrams per cubic meter (30 ppm), 
8-hour average;
    (C) Sulfur dioxide (SO2)--1,600 micrograms per cubic 
meter (0.6 ppm), 24-hour average;
    (D) Ozone (O3)--800 micrograms per cubic meter (0.4 
ppm), 1-hour average;
    (E) Nitrogen dioxide (NO2)--2,260 micrograms per cubic 
meter (1.2 ppm), 1-hour average; and 565 micrograms per cubic meter 
(0.3 ppm), 24-hour average.
    (iv) Air pollution emergency. An air pollution emergency shall be 
declared when any one of the following levels is reached, or is 
projected to be reached, at any monitoring site and the meteorological 
conditions are such that the level is expected to continue or reoccur 
over the next 24 hours.
    (A) Particulate matter (PM10)--500 micrograms per cubic meter, 24-
hour average;
    (B) Carbon monoxide (CO)--46 milligrams per cubic meter (40 ppm), 
8-hour average;
    (C) Sulfur dioxide (SO2)--2,100 micrograms per cubic 
meter (0.8 ppm), 24-hour average;
    (D) Ozone (O3)--1,000 micrograms per cubic meter (0.5 
ppm), 1-hour average;
    (E) Nitrogen dioxide (NO2)--3,000 micrograms per cubic 
meter (1.6 ppm), 1-hour average; and 750 micrograms per cubic meter 
(0.4 ppm), 24-hour average.
    (v) Termination. Once declared, an air pollution alert, warning, or 
emergency shall remain in effect until the criteria for that level is 
no longer met. At such time, the Regional Administrator will make a new 
determination and shall make an appropriate declaration of the new 
level.
    (2) Announcements by the Regional Administrator. The Regional 
Administrator shall request that announcement of an air stagnation 
advisory, air pollution alert, air pollution warning, or air pollution 
emergency be broadcast on local television and radio stations in the 
affected area and posted on their websites. Announcements will also be 
posted on the EPA Region 10 website and, where possible, on the 
websites of Tribes within the affected area. These announcements will 
indicate that air pollution levels exist that could potentially be 
harmful to human health and indicate actions that people can take to 
reduce exposure. The announcements will also request voluntary actions 
to reduce emissions from sources of air pollutants as well as indicate 
that a ban on open burning is in effect.
    (3) Voluntary curtailment of emissions by sources. Whenever the 
Regional Administrator declares an air stagnation advisory or air 
pollution alert sources of air pollutants shall be requested to take 
voluntary actions to reduce emissions. People should refrain from using 
their wood-stoves and fireplaces unless they are their sole source of 
heat. People should reduce their use of motor vehicles to the extent 
possible. Industrial sources should curtail operations or switch to a 
cleaner fuel if possible.
    (4) Mandatory curtailment of emissions by order of the Regional 
Administrator.
    (i) Open burning must cease in accordance with the requirements of 
Sec. 49.131 General rule for open burning.
    (ii) During an air pollution warning or air pollution emergency, 
the Regional Administrator may issue an order to any air pollution 
source requiring such source to curtail or eliminate the emissions.
    (d) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.137, are defined in Sec. 49.123 
General provisions: Air pollutant, air pollution source, ambient air, 
emission, fuel, motor vehicle, open burning, and Regional 
Administrator.


Sec. 49.138  Rule for the registration of air pollution sources and the 
reporting of emissions.

    (a) What is the purpose of this rule? This rule, Sec. 49.138, 
allows the Regional Administrator to develop and maintain a current and 
accurate record of air pollution sources and their emissions within the 
Indian reservation.
    (b) Who is affected by this rule? This rule, Sec. 49.138, applies 
to any person who owns or operates an air pollution source except those 
exempted below.
    (c) What is exempted from this rule? This rule, Sec. 49.138, does 
not apply to the following air pollution sources:
    (1) Mobile sources;
    (2) Single family residences, and residential buildings with four 
or fewer dwelling units;
    (3) Air conditioning units used for human comfort that are not 
subject to applicable requirements under Title VI of the Act and do not 
exhaust air pollutants into the atmosphere from any manufacturing or 
industrial process;
    (4) Ventilating units used for human comfort that do not exhaust 
air pollutants into the atmosphere from any manufacturing or industrial 
process;
    (5) Furnaces and boilers used exclusively for space heating with a 
rated heat input capacity of less than 400,000 British thermal units 
(Btu) per hour;
    (6) Cooking of food, except for retail and wholesale businesses 
that both cook and sell cooked food (restaurants, for example);
    (7) Consumer use of office equipment and products;
    (8) Janitorial services and consumer use of janitorial products;
    (9) Maintenance and repair activities, except for air pollution 
sources engaged in the business of maintaining and repairing equipment, 
such as automobile repair shops or appliance repair shops;
    (10) Agricultural activities and forestry activities, including 
agricultural burning and forestry burning; and
    (11) Open burning.
    (d) What are the requirements of this rule? Any person who owns or 
operates an air pollution source subject to this rule must register the 
source with the Regional Administrator as specified below.
    (e) Are there additional requirements that must be met? A person 
subject to this rule, Sec. 49.138, must register an air pollution 
source as follows:
    (1) Initial registration. The owner or operator of an air pollution 
source that exists on the effective date of this rule must register the 
air pollution source with the Regional Administrator by no later than 
one year after the effective date of this rule. The owner or operator 
of a new air pollution source must register with the Regional 
Administrator within 90 days after beginning operation. Submitting an 
initial registration does not relieve the owner

[[Page 11776]]

or operator from the requirement to obtain a permit to construct if the 
new air pollution source is subject to those rules.
    (2) Annual re-registration. After initial registration, the owner 
or operator of an air pollution source must re-register with the 
Regional Administrator by February 15 of each year. The re-registration 
must include all of the information required in the initial 
registration and must be updated to reflect any changes since the 
previous registration. For information that has not changed since the 
previous registration, the owner or operator may reaffirm in writing 
the correctness and current status of the information previously 
furnished to the Regional Administrator.
    (3) Information to include in initial registration and annual re-
registration (all that are applicable).
    (i) Name of the air pollution source and the nature of the 
business.
    (ii) Street address, telephone number, and facsimile number of the 
air pollution source.
    (iii) Name, mailing address, and telephone number of the owner or 
operator.
    (iv) Name, mailing address, telephone number, and facsimile number 
of the local individual responsible for compliance with this rule.
    (v) Name and mailing address of the individual authorized to 
receive requests for data and information.
    (vi) A description of the production processes and a related flow 
chart.
    (vii) Identification of emission units and air pollutant generating 
activities.
    (viii) A plot plan showing the location and height of all emission 
units and air pollutant generating activities. The plot plan must also 
show the property lines of the air pollution source and indicate the 
distance and direction of the nearest residential or commercial 
property.
    (ix) Type and quantity of fuels, including the sulfur content of 
fuels, used on a daily and annual basis.
    (x) Type and quantity of raw materials used on a daily and annual 
basis.
    (xi) Estimates of the total actual emissions for the air pollution 
source of the following air pollutants: particulate matter emissions, 
PM10 emissions, sulfur dioxide (SO2), nitrogen oxides 
(NOX), carbon monoxide (CO), volatile organic compounds 
(VOC), lead (Pb), fluorides, sulfuric acid mist, hydrogen sulfide 
(H2S), total reduced sulfur (TRS), and reduced sulfur 
compounds. Include all of the calculations for the estimates.
    (xii) Estimated efficiency of air pollution control equipment under 
present or anticipated operating conditions.
    (xiii) Any other information specifically requested by the Regional 
Administrator.
    (4) Procedure for estimating emissions. The initial registration 
and annual re-registration must include an estimate of actual emissions 
taking into account equipment, operating conditions, and air pollution 
control measures. The emission estimates must be based upon actual test 
data, or in the absence of such data, upon procedures acceptable to the 
Regional Administrator. Any emission estimates submitted to the 
Regional Administrator must be verifiable using currently accepted 
engineering criteria. The following procedures are generally acceptable 
for estimating emissions from air pollution sources:
    (i) Source-specific emission tests;
    (ii) Mass balance calculations;
    (iii) Published, verifiable emission factors that are applicable to 
the source;
    (iv) Other engineering calculations; or
    (v) Other procedures to estimate emissions specifically approved by 
the Regional Administrator.
    (5) Report of relocation. The owner or operator of an air pollution 
source must report any relocation of the source to the Regional 
Administrator no later than 30 days prior to the relocation of the 
source. Submitting a report of relocation does not relieve the owner or 
operator from the requirement to obtain a permit to construct if the 
relocation of the air pollution source would be a new source or 
modification subject to any Federal or Tribal permit to construct rule.
    (6) Report of change of ownership. The owner or operator of an air 
pollution source must report any change of ownership to the Regional 
Administrator within 90 days after the change in ownership is 
effective.
    (7) Report of closure. The owner or operator of an air pollution 
source must submit a report of closure to the Regional Administrator 
within 90 days after the cessation of operations.
    (8) Certification of truth and accuracy. All registrations and 
reports must include a certification by the owner or operator as to the 
truth, accuracy, and completeness of the information. This 
certification must state that, based on information and belief formed 
after reasonable inquiry, the statements and information are true, 
accurate, and complete.
    (f) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.138, are defined in Sec. 49.123 
General provisions: Act, actual emissions, agricultural activities, air 
pollutant, air pollution source, ambient air, British thermal unit 
(Btu), emission, emission factor, emission unit, fuel, marine vessel, 
mobile source, motor vehicle, new air pollution source, non-road 
engine, non-road vehicle, open burning, owner or operator, particulate 
matter, permit to construct, PM10, rated capacity, Regional 
Administrator, stack, stationary source, and uncombined water.


Sec. 49.139  Rule for non-Title V operating permits.

    (a) What is the purpose of this rule? This rule, Sec. 49.139, 
establishes a permitting program to provide for the establishment of 
Federally-enforceable requirements for air pollution sources within the 
Indian reservation.
    (b) Who is affected by this rule?
    (1) This rule, Sec. 49.139, applies to:
    (i) The owner or operator of any air pollution source who wishes to 
obtain a Federally-enforceable limitation on the source's actual 
emissions or potential to emit;
    (ii) Any air pollution source for which the Regional Administrator 
determines that additional Federally-enforceable requirements are 
necessary to ensure compliance with the implementation plan; or
    (iii) Any air pollution source for which the Regional Administrator 
determines that additional Federally-enforceable requirements are 
necessary to ensure the attainment and maintenance of any national 
ambient air quality standard or prevention of significant deterioration 
increment.
    (2) To the extent allowed by 40 CFR Part 71, or a Tribal operating 
permit program approved pursuant to 40 CFR Part 70, a Title V operating 
permit may be used in lieu of an operating permit under this section to 
establish the limitations or requirements in paragraph (b)(1).
    (c) What are the procedures for obtaining an owner-requested 
operating permit?
    (1) The owner or operator of an air pollution source who wishes to 
obtain a Federally-enforceable limitation on the source's actual 
emissions or potential to emit shall submit an application to the 
Regional Administrator requesting such limitation. The application must 
contain the information specified in paragraph (d) of this section.
    (2) Within 60 days after receipt of an application, the Regional 
Administrator shall determine if it contains the information specified 
in paragraph (d) of this section and if so, shall deem it complete for 
the purpose of preparing a draft permit to operate. If the Regional 
Administrator determines that the application is incomplete, it shall 
be returned to the owner or operator along

[[Page 11777]]

with a description of the necessary information that must be submitted 
in order for the application to be deemed complete.
    (3) The Regional Administrator shall prepare a draft permit to 
operate and a draft technical support document that describes the 
proposed limitations and their effect on the actual emissions and/or 
potential to emit of the air pollution source.
    (4) The Regional Administrator shall provide a copy of the draft 
permit to operate and draft technical support document to the owner or 
operator of the air pollution source and shall provide an opportunity 
for the owner or operator to meet with EPA and discuss the proposed 
limitations.
    (5) The Regional Administrator shall provide an opportunity for 
public comment on the draft permit to operate as follows:
    (i) A copy of the draft permit to operate, the draft technical 
support document, the permit application, and all other supporting 
materials will be made available for public inspection in at least one 
location in the area affected by the air pollution source.
    (ii) A notice shall be made by prominent advertisement in a 
newspaper of general circulation in the area affected by the air 
pollution source of the availability of the draft permit to operate and 
supporting materials and of the opportunity to comment. Where possible, 
notices shall also be made in the Tribal newspaper.
    (iii) Copies of the notice shall be provided to the owner or 
operator of the air pollution source, the Tribal governing body, and 
the State, local, and Tribal air pollution authorities having 
jurisdiction in areas outside of the Indian reservation potentially 
impacted by the air pollution source.
    (iv) A 30-day period for submittal of public comments shall be 
provided starting upon the date of publication of the notice. If 
requested, the Regional Administrator may extend the public comment 
period for up to an additional 30 days.
    (6) After the close of the public comment period, the Regional 
Administrator shall review all comments received and prepare a final 
permit to operate and final technical support document. The final 
technical support document will include the responses to all comments 
received during the public comment period.
    (7) The final permit to operate and final technical support 
document shall be sent to the owner or operator of the air pollution 
source and will be made available at all of the locations where the 
draft permit was made available. In addition, the final permit to 
operate and final technical support document shall be sent to all 
persons who provided comments on the draft permit to operate.
    (8) The final permit to operate shall be a final agency action for 
purposes of administrative appeal and judicial review.
    (d) What must the owner or operator of an air pollution source 
include in an application for a Federally-enforceable limitation?
    (1) The owner or operator of an air pollution source that wishes to 
obtain a Federally-enforceable limitation must submit to the Regional 
Administrator an application for a permit to operate that includes the 
following information:
    (i) Name of the air pollution source and the nature of the 
business.
    (ii) Street address, telephone number, and facsimile number of the 
air pollution source.
    (iii) Name, mailing address, and telephone number of the owner or 
operator.
    (iv) Name, mailing address, telephone number, and facsimile number 
of the local individual responsible for compliance with this rule.
    (v) Name and mailing address of the individual authorized to 
receive requests for data and information.
    (vi) For each air pollutant and for all emission units and air 
pollutant generating activities to be covered by a limitation:
    (A) The proposed limitation and a description of its effect on 
actual emissions or the potential to emit. Proposed limitations may 
include, but are not limited to, emission limitations, production 
limits, operational restrictions, fuel or raw material specifications, 
and/or requirements for installation and operation of emission 
controls. Proposed limitations must have a reasonably short averaging 
period, taking into consideration the operation of the air pollution 
source and the methods to be used for demonstrating compliance.
    (B) Proposed testing, monitoring, recordkeeping, and reporting 
requirements to be used to demonstrate and assure compliance with the 
proposed limitation.
    (C) A description of the production processes and a related flow 
chart.
    (D) Identification of emission units and air pollutant generating 
activities.
    (E) Type and quantity of fuels and/or raw materials used.
    (F) Estimated efficiency of air pollution control equipment under 
present or anticipated operating conditions.
    (G) Estimates of the current actual emissions and current potential 
to emit. Include all of the calculations for the estimates.
    (H) Estimates of the allowable emissions and/or potential to emit 
that would result from compliance with the proposed limitation. Include 
all of the calculations for the estimates.
    (vii) Any other information specifically requested by the Regional 
Administrator.
    (2) Estimates of actual emissions must be based upon actual test 
data, or in the absence of such data, upon procedures acceptable to the 
Regional Administrator. Any emission estimates submitted to the 
Regional Administrator must be verifiable using currently accepted 
engineering criteria. The following procedures are generally acceptable 
for estimating emissions from air pollution sources:
    (i) Source-specific emission tests;
    (ii) Mass balance calculations;
    (iii) Published, verifiable emission factors that are applicable to 
the source;
    (iv) Other engineering calculations; or
    (v) Other procedures to estimate emissions specifically approved by 
the Regional Administrator.
    (3) All applications for a permit to operate must include a 
certification by the owner or operator as to the truth, accuracy, and 
completeness of the information. This certification must state that, 
based on information and belief formed after reasonable inquiry, the 
statements and information are true, accurate, and complete.
    (e) What are the procedures that the Regional Administrator will 
follow to require an operating permit?
    (1) Whenever the Regional Administrator determines that additional 
Federally-enforceable requirements are necessary to ensure compliance 
with the implementation plan or to ensure the attainment and 
maintenance of any national ambient air quality standard or prevention 
of significant deterioration increment, the owner or operator of the 
air pollution source shall be so notified in writing.
    (2) The Regional Administrator may require that the owner or 
operator provide whatever information that the Regional Administrator 
determines is necessary to establish such requirements in a permit to 
operate under this rule, Sec. 49.139.
    (3) The Regional Administrator shall prepare a draft permit to 
operate and a draft technical support document that describes the 
reasons and need for the proposed requirements.
    (4) The Regional Administrator shall provide a copy of the draft 
permit to operate and draft technical support document to the owner or 
operator of the air pollution source and shall

[[Page 11778]]

provide an opportunity for the owner or operator to meet with EPA and 
discuss the proposed requirements.
    (5) The Regional Administrator shall provide an opportunity for 
public comment on the draft permit to operate as follows:
    (i) A copy of the draft permit to operate, the draft technical 
support document, and all other supporting materials will be made 
available for public inspection in at least one location in the area 
affected by the air pollution source.
    (ii) A notice shall be made by prominent advertisement in a 
newspaper of general circulation in the area affected by the air 
pollution source of the availability of the draft permit to operate and 
supporting materials and of the opportunity to comment. Where possible, 
notices shall also be made in the Tribal newspaper.
    (iii) Copies of the notice shall be provided to the owner or 
operator of the air pollution source, the Tribal governing body, and 
the State, local, and Tribal air pollution authorities having 
jurisdiction in areas outside of the Indian reservation potentially 
impacted by the air pollution source.
    (iv) A 30-day period for submittal of public comments shall be 
provided starting upon the date of publication of the notice. If 
requested, the Regional Administrator may extend the public comment 
period for up to an additional 30 days.
    (6) After the close of the public comment period, the Regional 
Administrator shall review all comments received and prepare a final 
permit to operate and final technical support document, unless the 
Regional Administrator determines that additional requirements are not 
necessary to ensure compliance with the implementation plan or to 
ensure the attainment and maintenance of any national ambient air 
quality standard or prevention of significant deterioration increment. 
The final technical support document will include the responses to all 
comments received during the public comment period.
    (7) The final permit to operate and final technical support 
document shall be sent to the owner or operator of the air pollution 
source and will be made available at all of the locations where the 
draft permit was made available. In addition, the final permit to 
operate and final technical support document shall be sent to all 
persons who provided comments on the draft permit to operate.
    (8) The final permit to operate shall be a final agency action for 
purposes of administrative appeal and judicial review.
    (f) Definitions of terms used in this rule. The following terms, 
that are used in this rule, Sec. 49.139, are defined in Sec. 49.123 
General provisions: Act, actual emissions, air pollutant, air pollution 
source, allowable emissions, ambient air, emission, emission factor, 
Federally enforceable, implementation plan, owner or operator, 
potential to emit, and Regional Administrator.


Secs. 49.140-49.200  [Reserved]

    3. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Secs. 49.9861 through 49.9870 to read as follows:

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

Implementation Plan for the Burns Paiute Tribe of the Burns Paiute 
Indian Colony of Oregon


Sec. 49.9861  Identification of plan.

    This section and Secs. 49.9862 through 49.9890 contain the 
implementation plan for the Burns Paiute Tribe of the Burns Paiute 
Indian Colony. This plan consists of a combination of Tribal rules and 
measures and Federal regulations and measures which apply within the 
Reservation of the Burns Paiute Indian Colony.


Sec. 49.9862  Approval status.

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


Sec. 49.9863  Legal authority. [Reserved]


Sec. 49.9864  Source surveillance. [Reserved]


Sec. 49.9865  Classification of regions for episode plans.

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

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

Sec. 49.9866  Contents of implementation plan.

    The implementation plan for the Reservation of the Burns Paiute 
Indian Colony consists of the following rules, regulations, and 
measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.9867  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.9868  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.9869  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Burns Paiute Indian 
Colony:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.9871-49.9890  [Reserved]

    4. Subpart M of Part 49 is amended by adding an undesignated center 
heading

[[Page 11779]]

and Secs. 49.9891 through 49.9900 to read as follows:

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


Sec. 49.9891  Identification of plan.

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


Sec. 49.9892  Approval status.

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


Sec. 49.9893  Legal authority. [Reserved]


Sec. 49.9894  Source surveillance. [Reserved]


Sec. 49.9895  Classification of regions for episode plans.

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

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

Sec. 49.9896  Contents of implementation plan.

    The implementation plan for the Chehalis Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.9897  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.9898  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.9899  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Chehalis Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.9901-49.9920  [Reserved]

    5. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Secs. 49.9921 through 49.9930 to read as follows:

Implementation Plan for the Coeur D'Alene Tribe of the Coeur 
D'Alene Reservation, Idaho


Sec. 49.9921  Identification of plan.

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


Sec. 49.9922  Approval status.

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


Sec. 49.9923  Legal authority. [Reserved]


Sec. 49.9924  Source surveillance. [Reserved]


Sec. 49.9925  Classification of regions for episode plans.

    The air quality control region which encompasses the Coeur D'Alene 
Reservation is classified as follows for purposes of episode plans:

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

Sec. 49.9926  Contents of implementation plan.

    The implementation plan for the Coeur D'Alene Reservation consists 
of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


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


Sec. 49.9928  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.9929  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    (a) The following regulations are incorporated and made part of the 
implementation plan for the Coeur D'Alene Reservation:

[[Page 11780]]

    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.9931-49.9950  [Reserved]

    6. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Secs. 49.9951 through 49.9960 to read as follows:

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


Sec. 49.9951  Identification of plan.

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


Sec. 49.9952  Approval status.

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


Sec. 49.9953 Legal authority.  [Reserved]


Sec. 49.9954 Source surveillance.  [Reserved]


Sec. 49.9955  Classification of regions for episode plans.

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

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

Sec. 49.9956  Contents of implementation plan.

    The implementation plan for the Colville Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.127 Rule for woodwaste burners.
    (f) Section 49.128 Rule for limiting particulate matter emissions 
from wood products industry sources.
    (g) Section 49.129 Rule for limiting emissions of sulfur dioxides.
    (h) Section 49.130 Rule for limiting sulfur in fuels.
    (i) Section 49.131 General rule for open burning.
    (j) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (k) Section 49.137 Rule for air pollution episodes.
    (l) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (m) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.9957  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.9958  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.9959  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Colville Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.127 Rule for woodwaste burners.
    (f) Section 49.128 Rule for limiting particulate matter emissions 
from wood products industry sources.
    (g) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (h) Section 49.130 Rule for limiting sulfur in fuels.
    (i) Section 49.131 General rule for open burning.
    (j) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (k) Section 49.137 Rule for air pollution episodes.
    (l) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (m) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.9961-49.9980  [Reserved]

    7. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Secs. 49.9981 through 49.9990 to read as follows:

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


Sec. 49.9981  Identification of plan.

    This section and Secs. 49.9982 through 49.10010 contain the 
implementation plan for the Confederated Tribes of the Coos, Lower 
Umpqua and Siuslaw Indians. This plan consists of a combination of 
Tribal rules and measures and Federal regulations and measures which 
apply within the Reservation of the Confederated Tribes of the Coos, 
Lower Umpqua and Siuslaw Indians.


Sec. 49.9982  Approval status.

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


Sec. 49.9983  Legal authority. [Reserved]


Sec. 49.9984  Source surveillance. [Reserved]


Sec. 49.9985  Classification of regions for episode plans.

    The air quality control region which encompasses the Reservation of 
the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians 
is classified as follows for purposes of episode plans:

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


[[Page 11781]]

Sec. 49.9986  Contents of implementation plan.

    The implementation plan for the Reservation of the Confederated 
Tribes of the Coos, Lower Umpqua and Siuslaw Indians consists of the 
following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.9987  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.9988  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.9989  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Confederated Tribes of 
the Coos, Lower Umpqua and Siuslaw Indians:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.9991-49.10010  [Reserved]

    8. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Secs. 49.10011 through 49.10020 to read as follows:

Implementation Plan for the Coquille Tribe of Oregon


Sec. 49.10011  Identification of plan.

    This section and Secs. 49.10012 through 49.10040 contain the 
implementation plan for the Coquille Tribe. This plan consists of a 
combination of Tribal rules and measures and Federal regulations and 
measures which apply within the Reservation of the Coquille Tribe.


Sec. 49.10012  Approval status.

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


Sec. 49.10013  Legal authority. [Reserved]


Sec. 49.10014  Source surveillance. [Reserved]


Sec. 49.10015  Classification of regions for episode plans.

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

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

Sec. 49.10016  Contents of implementation plan.

    The implementation plan for the Reservation of the Coquille Tribe 
consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10017  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10018  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10019  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Coquille Tribe:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10021-49.10040  [Reserved]

    9. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Secs. 49.10041 through 49.10050 to read as follows:

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


Sec. 49.10041  Identification of plan.

    This section and Secs. 49.10042 through 49.10100 contain the 
implementation

[[Page 11782]]

plan for the Cow Creek Band of Umpqua Indians. This plan consists of a 
combination of Tribal rules and measures and Federal regulations and 
measures which apply within the Reservation of the Cow Creek Band of 
Umpqua Indians.


Sec. 49.10042  Approval status.

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


Sec. 49.10043  Legal authority. [Reserved]


Sec. 49.10044  Source surveillance. [Reserved]


Sec. 49.10045  Classification of regions for episode plans.

    The air quality control region which encompasses the Reservation of 
the Cow Creek Band of Umpqua Indians is classified as follows for 
purposes of episode plans:

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

Sec. 49.10046  Contents of implementation plan.

    The implementation plan for the Reservation of the Cow Creek Band 
of Umpqua Indians consists of the following rules, regulations, and 
measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10047  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10048  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10049  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Cow Creek Band of Umpqua 
Indians:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10051-49.10100  [Reserved]

    10. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10101 through 49.10110 to end as follows:

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


Sec. 49.10101  Identification of plan.

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


Sec. 49.10102  Approval status.

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


Sec. 49.10103  Legal authority.[Reserved]


Sec. 49.10104  Source surveillance. [Reserved]


Sec. 49.10105  Classification of regions for episode plans.

    The air quality control region which encompasses the Reservation of 
the Confederated Tribes of the Grand Ronde Community is classified as 
follows for purposes of episode plans:

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

Sec. 49.10106  Contents of implementation plan.

    The implementation plan for the Reservation of the Confederated 
Tribes of the Grand Ronde Community consists of the following rules, 
regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10107  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10108  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10109  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.

[[Page 11783]]

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

    The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Confederated Tribes of 
the Grand Ronde Community:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10111-49.10130  [Reserved]

    11. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10131 through 49.10140 to read as follows:

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


Sec. 49.10131  Identification of plan.

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


Sec. 49.10132  Approval status.

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


Sec. 49.10133  Legal authority. [Reserved]


Sec. 49.10134  Source surveillance. [Reserved]


Sec. 49.10135  Classification of regions for episode plans.

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

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

Sec. 49.10136  Contents of implementation plan.

    The implementation plan for the Hoh Indian Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10137  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10138  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10139  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    (a) The following regulations are incorporated and made part of the 
implementation plan for the Hoh Indian Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10141-49.10160  [Reserved]

    12. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10161 through 49.10170 to read as follows:

Implementation Plan for the Jamestown S'Klallam Tribe of Washington


Sec. 49.10161  Identification of plan.

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


Sec. 49.10162  Approval status.

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


Sec. 49.10163  Legal authority. [Reserved]


Sec. 49.10164  Source surveillance. [Reserved]


Sec. 49.10165  Classification of regions for episode plans.

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

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

Sec. 49.10166  Contents of implementation plan.

    The implementation plan for the Reservation of the Jamestown 
S'Klallam Tribe consists of the following rules, regulations, and 
measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.

[[Page 11784]]

    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10167  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10168  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10169  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Jamestown S'Klallam 
Tribe:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10171-49.10190  [Reserved]

    13. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10191 through 49.10200 to read as follows:

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


Sec. 49.10191  Identification of plan.

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


Sec. 49.10192  Approval status.

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


Sec. 49.10193  Legal authority. [Reserved]


Sec. 49.10194  Source surveillance. [Reserved]


Sec. 49.10195  Classification of regions for episode plans.

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

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

Sec. 49.10196  Contents of implementation plan.

    The implementation plan for the Kalispel Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10197  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10198  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10199  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Kalispel Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10201-49.10220  [Reserved]

    14. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10221 through 49.10230 to read as follows:

Implementation Plan for the Klamath Indian Tribe of Oregon


Sec. 49.10221  Identification of plan.

    This section and Secs. 49.10222 through 49.10250 contain the 
implementation plan for the Klamath Indian Tribe. This plan consists of 
a combination of Tribal rules and measures and Federal regulations and 
measures which apply within the Reservation of the Klamath Indian 
Tribe.


Sec. 49.10222  Approval status.

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

[[Page 11785]]

Sec. 49.10223  Legal authority. [Reserved]


Sec. 49.10224  Source surveillance. [Reserved]


Sec. 49.10225  Classification of regions for episode plans.

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

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

Sec. 49.10226  Contents of implementation plan.

    The implementation plan for the Reservation of the Klamath Indian 
Tribe consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10227  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10228  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10229  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Klamath Indian Tribe:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10231-49.10250  [Reserved]

    15. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10251 through 49.10260 to read as follows:

Implementation Plan for the Kootenai Tribe of Idaho


Sec. 49.10251  Identification of plan.

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


Sec. 49.10252  Approval status.

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


Sec. 49.10253  Legal authority. [Reserved]


Sec. 49.10254  Source surveillance. [Reserved]


Sec. 49.10255  Classification of regions for episode plans.

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

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

Sec. 49.10256  Contents of implementation plan.

    The implementation plan for the Reservation of the Kootenai Tribe 
of Idaho consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10257  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10258  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10259  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
part 71 in accordance with the requirements of Sec. 49.139.


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

    (a) The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Kootenai Tribe of Idaho:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.

[[Page 11786]]

    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.103261-49.10280  [Reserved]

    16. Subpart M of part 49 is amended by adding an undesignated 
center heading and Secs. 49.10281 through 49.10290 to read as follows:

Implementation Plan for the Lower Elwha Tribal Community of the 
Lower Elwha Reservation Washington


Sec. 49.10281  Identification of plan.

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


Sec. 49.10282  Approval status.

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


Sec. 49.10283  Legal authority. [Reserved]


Sec. 49.10284  Source surveillance. [Reserved]


Sec. 49.10285  Classification of regions for episode plans.

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

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

Sec. 49.10286  Contents of implementation plan.

    The implementation plan for the Lower Elwha Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10287  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10288  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10289  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Lower Elwha Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10291-49.10310  [Reserved]

    17. Subpart M of part 49 is amended by adding an undesignated 
center heading and Secs. 49.10311 through 49.10320 to read as follows:

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


Sec. 49.10311  Identification of plan.

    This section and Secs. 49.10312 through 49.10340 contain the 
implementation plan for the Lummi Tribe. This plan consists of a 
combination of Tribal rules and measures and Federal regulations and 
measures which apply within the Lummi Reservation.


Sec. 49.10312  Approval status.

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


Sec. 49.10313  Legal authority. [Reserved]


Sec. 49.10314  Source surveillance. [Reserved]


Sec. 49.10315  Classification of regions for episode plans.

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

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

Sec. 49.10316  Contents of implementation plan.

    The implementation plan for the Lummi Reservation consists of the 
following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10317  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10318  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.

[[Page 11787]]

Sec. 49.10319  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Lummi Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10321-49.10340  [Reserved]

    18. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10341 through 49.10350 to read as follows:

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


Sec. 49.10341  Identification of plan.

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


Sec. 49.10342  Approval status.

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


Sec. 49.10343  Legal authority. [Reserved]


Sec. 49.10344  Source surveillance. [Reserved]


Sec. 49.10345  Classification of regions for episode plans.

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

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

Sec. 49.10346  Contents of implementation plan.

    The implementation plan for the Makah Indian Reservation consists 
of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10347  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10348  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10349  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Makah Indian Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10351-49.10370  [Reserved]

    19. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10371 through 49.10380 as follows:

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


Sec. 49.10371  Identification of plan.

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


Sec. 49.10372  Approval status.

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


Sec. 49.10373  Legal authority. [Reserved]


Sec. 49.10374  Source surveillance. [Reserved]


Sec. 49.10375  Classification of regions for episode plans.

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

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

Sec. 49.10376  Contents of implementation plan.

    The implementation plan for the Muckleshoot Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.

[[Page 11788]]

    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10377  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10378  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10379  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Muckleshoot Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10381-49.10400  [Reserved]

    20. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10401 through 49.10410 as follows:

Implementation Plan for the Nez Perce Tribe of Idaho


Sec. 49.10401  Identification of plan.

    This section and Secs. 49.10402 through 49.10430 contain the 
implementation plan for the Nez Perce Tribe. This plan consists of a 
combination of Tribal rules and measures and Federal regulations and 
measures which apply within the Nez Perce Reservation.


Sec. 49.10402  Approval status.

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


Sec. 49.10403  Legal authority. [Reserved]


Sec. 49.10404  Source surveillance. [Reserved]


Sec. 49.10405  Classification of regions for episode plans.

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

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

Sec. 49.10406  Contents of implementation plan.

    The implementation plan for the Nez Perce Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.127 Rule for woodwaste burners.
    (f) Section 49.128 Rule for limiting particulate matter emissions 
from wood products industry sources.
    (g) Section 49.129 Rule for limiting emissions of sulfur dioxides.
    (h) Section 49.130 Rule for limiting sulfur in fuels.
    (i) Section 49.131 General rule for open burning.
    (j) Section 49.132 Rule for open burning permits.
    (k) Section 49.133 Rule for agricultural burning permits.
    (l) Section 49.134 Rule for forestry burning permits.
    (m) Section 49.136 Rule for emissions detrimental to persons, 
property, cultural or traditional resources.
    (n) Section 49.137 Rule for air pollution episodes.
    (o) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (p) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10407  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10408  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10409  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Nez Perce Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.127 Rule for woodwaste burners.
    (f) Section 49.128 Rule for limiting particulate matter emissions 
from wood products industry sources.
    (g) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (h) Section 49.130 Rule for limiting sulfur in fuels.
    (i) Section 49.131 General rule for open burning.
    (j) Section 49.132 Rule for open burning permits.
    (k) Section 49.133 Rule for agricultural burning permits.
    (l) Section 49.134 Rule for forestry burning permits.
    (m) Section 49.136 Rule for emissions detrimental to persons, 
property, cultural or traditional resources.
    (n) Section 49.137 Rule for air pollution episodes.
    (o) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (p) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10411-49.10430  [Reserved]

    21. Subpart M of Part 49 is amended by adding an undesignated 
center

[[Page 11789]]

heading and Secs. 49.10431 through 49.10440 to read as follows:

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


Sec. 49.10431  Identification of plan.

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


Sec. 49.10432  Approval status.

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


Sec. 49.10433  Legal authority. [Reserved]


Sec. 49.10434  Source surveillance. [Reserved]


Sec. 49.10435  Classification of regions for episode plans.

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

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

Sec. 49.10436  Contents of implementation plan.

    The implementation plan for the Nisqually Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10437  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10438  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10439  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Nisqually Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10441-49.10460  [Reserved]

    22. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10461 through 49.10470 to read as follows:

Implementation Plan for the Nooksack Indian Tribe of Washington


Sec. 49.10461  Identification of plan.

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


Sec. 49.10462  Approval status.

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


Sec. 49.10463  Legal authority. [Reserved]


Sec. 49.10464.  Source surveillance. [Reserved]


Sec. 49.10465  Classification of regions for episode plans.

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

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

Sec. 49.10466  Contents of implementation plan.

    The implementation plan for the Reservation of the Nooksack Indian 
Tribe consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10467  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10468  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10469  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the

[[Page 11790]]

implementation plan for the Reservation of the Nooksack Indian Tribe:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10471-49.10490  [Reserved]

    23. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10491 through 49.10500 to read as follows:

Implementation Plan for the Port Gamble Indian Community of the 
Port Gamble Reservation, Washington


Sec. 49.10491  Identification of plan.

    This section and Secs. 49.10492 through 49.10520 contain the 
implementation plan for the Port Gamble Indian Community. This plan 
consists of a combination of Tribal rules and measures and Federal 
regulations and measures which apply within the Port Gamble 
Reservation.


Sec. 49.10492  Approval status.

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


Sec. 49.10493  Legal authority. [Reserved]


Sec. 49.10494  Source surveillance. [Reserved]


Sec. 49.10495  Classification of regions for episode plans.

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

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

Sec. 49.10496  Contents of implementation plan.

    The implementation plan for the Port Gamble Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


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


Sec. 49.10498  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10499  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Port Gamble Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10501-49.10520  [Reserved]

    24. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10521 through 49.10530 as follows:

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


Sec. 49.10521  Identification of plan.

    This section and Secs. 49.10522 through 49.10550 contain the 
implementation plan for the Puyallup Tribe. This plan consists of a 
combination of Tribal rules and measures and Federal regulations and 
measures which apply to lands in trust that are within the 1873 survey 
area of the Puyallup Tribe (Puyallup Reservation), consistent with the 
Puyallup Tribe of Indians Land Claims Settlement Act, ratified by 
Congress in 1989 (25 U.S.C. 1773).


Sec. 49.10522  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the lands in trust that are within the Puyallup 
Reservation.


Sec. 49.10523  Legal authority. [Reserved]


Sec. 49.10524  Source surveillance. [Reserved]


Sec. 49.10525  Classification of regions for episode plans.

    The air quality control region which encompasses the lands in trust 
that are within the Puyallup Reservation is classified as follows for 
purposes of episode plans:

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

Sec. 49.10526.  Contents of implementation plan.

    The implementation plan for the lands in trust that are within the 
Puyallup Reservation consists of the following rules, regulations, and 
measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.

[[Page 11791]]

    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10527  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10528  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10529  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the lands in trust that are within the Puyallup 
Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10531-49.10550  [Reserved]

    25. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10551 through 49.10560 to read as follows:

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


Sec. 49.10551  Identification of plan.

    This section and Secs. 49.10552 through 49.10580 contain the 
implementation plan for the Quileute Tribe. This plan consists of a 
combination of Tribal rules and measures and Federal regulations and 
measures which apply within the Quileute Reservation.


Sec. 49.10552  Approval status.

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


Sec. 49.10553  Legal authority. [Reserved]


Sec. 49.10554  Source surveillance. [Reserved]


Sec. 49.10555  Classification of regions for episode plans.

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

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

Sec. 49.10556  Contents of implementation plan.

    The implementation plan for the Quileute Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10557  EPA-approved tribal rules and plans. [Reserved]


Sec. 49.10558  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10559  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Quileute Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10561-49.10580  [Reserved]

    26. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10581 through 49.10590 to read as follows:

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


Sec. 49.10581  Identification of plan.

    This section and Secs. 49.10582 through 49.10640 contain the 
implementation plan for the Quinault Tribe. This plan consists of a 
combination of Tribal rules and measures and Federal regulations and 
measures which apply within the Quinault Reservation.


Sec. 49.10582  Approval status.

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

[[Page 11792]]

Sec. 49.10583  Legal authority. [Reserved]


Sec. 49.10584  Source surveillance. [Reserved]


Sec. 49.10585  Classification of regions for episode plans.

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

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

Sec. 49.10586  Contents of implementation plan.

    The implementation plan for the Quinault Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10587  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10588  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10589  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Quinault Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10591-49.10640  [Reserved]

    27. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10641 through 49.10650 to read as follows:

Implementation Plan for the Sauk-Suiattle Indian Tribe of 
Washington


Sec. 49.10641  Identification of plan.

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


Sec. 49.10642  Approval status.

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


Sec. 49.10643  Legal authority. [Reserved]


Sec. 49.10644  Source surveillance. [Reserved]


Sec. 49.10645  Classification of regions for episode plans.

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

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

Sec. 49.10646  Contents of implementation plan.

    The implementation plan for the Reservation of the Sauk-Suiattle 
Tribe consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10647  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10648  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10649  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Sauk-Suiattle Tribe:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.

[[Page 11793]]

    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10651-49.10670  [Reserved]

    28. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10671 through 49.10680 to read as follows:

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


Sec. 49.10671  Identification of plan.

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


Sec. 49.10672  Approval status.

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


Sec. 49.10673  Legal authority. [Reserved]


Sec. 49.10674  Source surveillance. [Reserved]


Sec. 49.10675  Classification of regions for episode plans.

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

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

Sec. 49.10676  Contents of implementation plan.

    The implementation plan for the Shoalwater Bay Indian Reservation 
consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10677  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10678  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10679  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Shoalwater Bay Indian Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10681-49.10700  [Reserved]

    29. Subpart M of Part 49 is amended by revising the undesignated 
center heading and Secs. 49.10701 and 49.10702 to read as follows:

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


Sec. 49.10701  Identification of plan.

    This section and Secs. 49.10702 through 49.10730 contain the 
implementation plan for the Shoshone-Bannock Tribes of the Fort Hall 
Indian Reservation. This plan consists of a combination of Tribal rules 
and measures and Federal regulations and measures which apply within 
the Fort Hall Indian Reservation.


Sec. 49.10702  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the 
implementation plan for the Fort Hall Indian Reservation.
    30. Subpart M of Part 49 is amended by revising Secs. 49.10704 
through 49.10706 to read as follows:


Sec. 49.10704  Source surveillance. [Reserved]


Sec. 49.10705  Classification of regions for episode plans.

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

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

Sec. 49.10706  Contents of implementation plan.

    The implementation plan for the Fort Hall Indian Reservation 
consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.10711 Federal Implementation Plan for the Astaris-
Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall 
PM-10 Nonattainment Area.
    31. Subpart M of Part 49 is amended by revising Secs. 49.10709 
through 49.10710 to read as follows:

[[Page 11794]]

Sec. 49.10709  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Fort Hall Indian Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.10711 Federal Implementation Plan for the Astaris-
Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall 
PM-10 Nonattainment Area.
    32. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10731 through 49.10740 to read as follows:

Implementation Plan for the Confederated Tribes of the Siletz 
Reservation, Oregon


Sec. 49.10731  Identification of plan.

    This section and Secs. 49.10732 through 49.10760 contain the 
implementation plan for the Confederated Tribes of the Siletz 
Reservation. This plan consists of a combination of Tribal rules and 
measures and Federal regulations and measures which apply within the 
Siletz Reservation.


Sec. 49.10732  Approval status.

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


Sec. 49.10733  Legal authority. [Reserved]


Sec. 49.10734  Source surveillance. [Reserved]


Sec. 49.10735  Classification of regions for episode plans.

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

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

Sec. 49.10736  Contents of implementation plan.

    The implementation plan for the Siletz Reservation consists of the 
following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10737  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10738  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10739  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Siletz Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permit.


Secs. 49.10741-49.10760  [Reserved]

    33. Subpart M of part 49 is amended by adding an undesignated 
center heading and Secs. 49.10761 through 49.10770 to read as follows:

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


Sec. 49.10761  Identification of plan.

    This section and Secs. 49.10762 through 49.10820 contain the 
implementation plan for the Skokomish Indian Tribe. This plan consists 
of a combination of Tribal rules and measures and Federal regulations 
and measures which apply within the Skokomish Reservation.


Sec. 49.10762  Approval status.

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


Sec. 49.10763  Legal authority. [Reserved]


Sec. 49.10764  Source surveillance. [Reserved]


Sec. 49.10765  Classification of regions for episode plans.

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

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


[[Page 11795]]

Sec. 49.10766  Contents of implementation plan.

    The implementation plan for the Skokomish Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10767  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10768  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10769  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Skokomish Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10771-49.10820  [Reserved]

    34. Subpart M of part 49 is amended by adding an undesignated 
center heading and Secs. 49.10821 through 49.10830 to read as follows:

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


Sec. 49.10821  Identification of plan.

    This section and Secs. 49.10822 through 49.10850 contain the 
implementation plan for the Spokane Tribe. This plan consists of a 
combination of Tribal rules and measures and Federal regulations and 
measures which apply within the Spokane Reservation.


Sec. 49.10822  Approval status.

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


Sec. 49.10823  Legal authority. [Reserved]


Sec. 49.10824  Source surveillance. [Reserved]


Sec. 49.10825  Classification of regions for episode plans.

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

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

Sec. 49.10826  Contents of implementation plan.

    The implementation plan for the Spokane Reservation consists of the 
following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10827  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10828  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10829  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Spokane Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10831-49.10850  [Reserved]

    35. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10851 through 49.10860 to read as follows:

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


Sec. 49.10851  Identification of plan.

    This section and Secs. 49.10852 through 49.10880 contain the 
implementation

[[Page 11796]]

plan for the Squaxin Island Tribe. This plan consists of a combination 
of Tribal rules and measures and Federal regulations and measures which 
apply within the Squaxin Island Reservation.


Sec. 49.10852  Approval status.

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


Sec. 49.10853  Legal authority. [Reserved]


Sec. 49.10854  Source surveillance. [Reserved]


Sec. 49.10855  Classification of regions for episode plans.

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

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

Sec. 49.10856  Contents of implementation plan.

    The implementation plan for the Squaxin Island Reservation consists 
of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10857  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10858  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10859  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Squaxin Island Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10861-49.10880  [Reserved]

    36. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10881 through 49.10890 to read as follows:

Implementation Plan for the Stillaguamish Tribe of Washington


Sec. 49.10881  Identification of plan.

    This section and Secs. 49.10882 through 49.10920 contain the 
implementation plan for the Stillaguamish Tribe. This plan consists of 
a combination of Tribal rules and measures and Federal regulations and 
measures which apply within the Reservation of the Stillaguamish Tribe.


Sec. 49.10882  Approval status.

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


Sec. 49.10883  Legal authority. [Reserved]


Sec. 49.10884  Source surveillance. [Reserved]


Sec. 49.10885  Classification of regions for episode plans.

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

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

Sec. 49.10886  Contents of implementation plan.

    The implementation plan for the Reservation of the Stillaguamish 
Tribe consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10887  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10888  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10889  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Stillaguamish Tribe:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.

[[Page 11797]]

    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10891-49.10920  [Reserved]

    37. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10921 through 49.10930 to read as follows:

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


Sec. 49.10921  Identification of plan.

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


Sec. 49.10922  Approval status.

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


Sec. 49.10923  Legal authority. [Reserved]


Sec. 49.10924  Source surveillance. [Reserved]


Sec. 49.10925  Classification of regions for episode plans.

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

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

Sec. 49.10926  Contents of implementation plan.

    The implementation plan for the Port Madison Reservation consists 
of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10927  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10928  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10929  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Port Madison Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10931-49.10950  [Reserved]

    38. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10951 through 49.10960 to read as follows:

Implementation Plan for the Swinomish Indians of the Swinomish 
Reservation, Washington


Sec. 49.10951  Identification of plan.

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


Sec. 49.10952  Approval status.

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


Sec. 49.10953  Legal authority. [Reserved]


Sec. 49.10954  Source surveillance. [Reserved]


Sec. 49.10955  Classification of regions for episode plans.

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

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

Sec. 49.10956  Contents of implementation plan.

    The implementation plan for the Swinomish Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.

[[Page 11798]]

Sec. 49.10957  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10958  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10959  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Swinomish Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10961-49.10980  [Reserved]

    39. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.10981 through 49.10990 to read as follows:

Implementation Plan for the Tulalip Tribes of the Tulalip 
Reservation, Washington


Sec. 49.10981  Identification of plan.

    This section and Secs. 49.10982 through 49.11010 contain the 
implementation plan for the Tulalip Tribes. This plan consists of a 
combination of Tribal rules and measures and Federal regulations and 
measures which apply within the Tulalip Reservation.


Sec. 49.10982  Approval status.

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


Sec. 49.10983  Legal authority. [Reserved]


Sec. 49.10984  Source surveillance. [Reserved]


Sec. 49.10985  Classification of regions for episode plans.

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

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

Sec. 49.10986  Contents of implementation plan.

    The implementation plan for the Tulalip Reservation consists of the 
following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.10987  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.10988  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.10989  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Tulalip Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.10991-49.11010  [Reserved]

    40. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.11011 through 49.11020 to read as follows:

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


Sec. 49.11011  Identification of plan.

    This section and Secs. 49.11012 through 49.11040 contain the 
implementation plan for the Confederated Tribes of the Umatilla 
Reservation. This plan consists of a combination of Tribal rules and 
measures and Federal regulations and measures which apply within the 
Umatilla Reservation.


Sec. 49.11012  Approval status.

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


Sec. 49.11013  Legal authority. [Reserved]


Sec. 49.11014  Source surveillance. [Reserved]


Sec. 49.11015  Classification of regions for episode plans.

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

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


[[Page 11799]]

Sec. 49.11016  Contents of implementation plan.

    The implementation plan for the Umatilla Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.132 Rule for open burning permits.
    (i) Section 49.133 Rule for agriculture burning permits.
    (j) Section 49.134 Rule for forestry burning permits.
    (k) Section 49.136 Rule for emissions detrimental to persons, 
property, cultural or traditional resources.
    (l) Section 49.137 Rule for air pollution episodes.
    (m) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (n) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.11017  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.11018  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.11019  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Umatilla Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.132 Rule for open burning permits.
    (i) Section 49.133 Rule for agriculture burning permits.
    (j) Section 49.134 Rule for forestry burning permits.
    (k) Section 49.136 Rule for emissions detrimental to persons, 
property, cultural or traditional resources.
    (l) Section 49.137 Rule for air pollution episodes.
    (m) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (n) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.11021-49.11040  [Reserved]

    41. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.11041 through 49.11050 to read as follows:

Implementation Plan for the Upper Skagit Indian Tribe of Washington


Sec. 49.11041  Identification of plan.

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


Sec. 49.11042  Approval status.

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


Sec. 49.11043  Legal authority. [Reserved]


Sec. 49.11044  Source surveillance. [Reserved]


Sec. 49.11045  Classification of regions for episode plans.

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

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

Sec. 49.11046  Contents of implementation plan.

    The implementation plan for the Reservation of the Upper Skagit 
Indian Tribe consists of the following rules, regulations, and 
measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.11047  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.11048  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.11049  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Reservation of the Upper Skagit Indian 
Tribe:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.

[[Page 11800]]

Secs. 49.11051-49.11070  [Reserved]

    42. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.11071 through 49.11080 to read as follows:

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


Sec. 49.11071  Identification of plan.

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


Sec. 49.11072  Approval status.

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


Sec. 49.11073  Legal authority. [Reserved]


Sec. 49.11074  Source surveillance. [Reserved]


Sec. 49.11075  Classification of regions for episode plans.

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

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

Sec. 49.11076  Contents of implementation plan.

    The implementation plan for the Warm Springs Reservation consists 
of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.11077  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.11078  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.11079  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in accordance with the requirements of Sec. 49.139.


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

    The following regulations are incorporated and made part of the 
implementation plan for the Warm Springs Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.11081-49.11100  [Reserved]

    43. Subpart M of Part 49 is amended by adding an undesignated 
center heading and Secs. 49.11101 through 49.11110 to read as follows:

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


Sec. 49.11101  Identification of plan.

    This section and Secs. 49.11102 through 49.11130 contain the 
implementation plan for the Confederated Tribes and Bands of the Yakama 
Indian Nation. This plan consists of a combination of Tribal rules and 
measures and Federal regulations and measures which apply within the 
Yakama Reservation.


Sec. 49.11102  Approval status.

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


Sec. 49.11103  Legal authority. [Reserved]


Sec. 49.11104  Source surveillance. [Reserved]


Sec. 49.11105  Classification of regions for episode plans.

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

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

Sec. 49.11106  Contents of implementation plan.

    The implementation plan for the Yakama Reservation consists of the 
following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. 49.11107  EPA-approved Tribal rules and plans. [Reserved]


Sec. 49.11108  Permits to construct.

    Permits to construct are required for new major stationary sources 
and major modifications to existing major stationary sources pursuant 
to 40 CFR 52.21.


Sec. 49.11109  Permits to operate.

    Permits to operate are required for sources not subject to 40 CFR 
Part 71 in

[[Page 11801]]

accordance with the requirements of Sec. 49.139.


Sec. 49.11110  Federally-promulgated regulations and Federal 
implementation plans.

    The following regulations are incorporated and made part of the 
implementation plan for the Yakama Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to human health 
and welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Secs. 49.11111-49.11130  [Reserved]


Secs. 49.11131-49.17810  [Reserved]

    44. Subpart M of Part 49 is amended by revising the ``Appendix to 
Subpart M--Alphabetical Listing of Tribes and Corresponding Sections'' 
to read as follows:

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

------------------------------------------------------------------------
                                    Refer to the following sections in
          Indian tribe                          subpart M
------------------------------------------------------------------------
Burns Paiute Tribe of the Burns  Secs.  49.9861 to 49.9890
 Paiute Indian Colony of Oregon.
Chehalis Reservation,            Secs.  49.9891 to 49.9920
 Washington--Confederated
 Tribes of the.
Coeur d'Alene Tribe of the       Secs.  49.9921 to 49.9950
 Coeur D'Alene Reservation,
 Idaho.
Colville Reservation,            Secs.  49.9951 to 49.9980
 Washington--Confederated
 Tribes of the.
Coos, Lower Umpqua and Siuslaw   Secs.  49.9981 to 49.10010
 Indians of Oregon--
 Confederated Tribes of the.
Coquille Tribe of Oregon.......  Secs.  49.10011 to 49.10040
Cow Creek Band of Umpqua         Secs.  49.10041 to 49.10100
 Indians of Oregon.
Grand Ronde Community of         Secs.  49.10101 to 49.10130
 Oregon--Confederated Tribes of
 the.
Hoh Indian Tribe of the Hoh      Secs.  49.10131 to 49.10160
 Indian Reservation, Washington.
Jamestown S'Klallam Tribe of     Secs.  49.10161 to 49.10190
 Washington.
Kalispel Indian Community of     Secs.  49.10191 to 49.10220
 the Kalispel Reservation,
 Washington.
Klamath Indian Tribe of Oregon.  Secs.  49.10221 to 49.10250
Kootenai Tribe of Idaho........  Secs.  49.10251 to 49.10280
Lower Elwha Tribal Community of  Secs.  49.10281 to 49.10310
 the Lower Elwha Reservation,
 Washington.
Lummi Tribe of the Lummi         Secs.  49.10311 to 49.10340
 Reservation, Washington.
Makah Indian Tribe of the Makah  Secs.  49.10341 to 49.10370
 Indian Reservation, Washington.
Muckleshoot Indian Tribe of the  Secs.  49.10371 to 49.10400
 Muckleshoot Reservation,
 Washington.
Nez Perce Tribe of Idaho.......  Secs.  49.10401 to 49.10430
Nisqually Indian Tribe of the    Secs.  49.10431 to 49.10460
 Nisqually Reservation,
 Washington.
Nooksack Indian Tribe of         Secs.  49.10461 to 49.10490
 Washington.
Port Gamble Indian Community of  Secs.  49.10491 to 49.10520
 the Port Gamble Reservation,
 Washington.
Puyallup Tribe of the Puyallup   Secs.  49.10521 to 49.10550
 Reservation, Washington.
Quileute Tribe of the Quileute   Secs.  49.10551 to 49.10580
 Reservation, Washington.
Quinault Tribe of the Quinault   Secs.  49.10581 to 49.10640
 Reservation, Washington.
Sauk-Suiattle Indian Tribe of    Secs.  49.10641 to 49.10670
 Washington.
Shoalwater Bay Tribe of the      Secs.  49.10671 to 49.10700
 Shoalwater Bay Indian
 Reservation, Washington.
Shoshone-Bannock Tribes of the   Secs.  49.10701 to 49.10730
 Fort Hall Indian Reservation
 of Idaho.
Siletz Reservation, Oregon--     Secs.  49.10731 to 49.10760
 Confederated Tribes of the.
Skokomish Indian Tribe of the    Secs.  49.10761 to 49.10820
 Skokomish Reservation,
 Washington.
Spokane Tribe of the Spokane     Secs.  49.10821 to 49.10850
 Reservation, Washington.
Squaxin Island Tribe of the      Secs.  49.10851 to 49.10880
 Squaxin Island Reservation,
 Washington.
Stillaguamish Tribe of           Secs.  49.10881 to 49.10920
 Washington.
Suquamish Indian Tribe of the    Secs.  49.10921 to 49.10950
 Port Madison Reservation,
 Washington.
Swinomish Indians of the         Secs.  49.10951 to 49.10980
 Swinomish Reservation,
 Washington.
Tulalip Tribes of the Tulalip    Secs.  49.10981 to 49.11010
 Reservation, Washington.
Umatilla Reservation, Oregon--   Secs.  49.11011 to 49.11040
 Confederated Tribes of the.
Upper Skagit Indian Tribe of     Secs.  49.11041 to 49.11070
 Washington.
Warm Springs Reservation of      Secs.  49.11071 to 49.11100
 Oregon--Confederated Tribes of
 the.
Yakama Indian Nation of the      Secs.  49.11101 to 49.11130
 Yakama Reservation,
 Washington--Confederated
 Tribes and Bands of the.
------------------------------------------------------------------------

[FR Doc. 02-4140 Filed 3-14-02; 8:45 am]
BILLING CODE 6560-50-P