[Federal Register Volume 70, Number 67 (Friday, April 8, 2005)]
[Rules and Regulations]
[Pages 18074-18134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6367]



[[Page 18073]]

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Part II





Environmental Protection Agency





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40 CFR Parts 9 and 49



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

  Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Rules 
and Regulations  

[[Page 18074]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 49

[Docket No: OAR-2004-0067; FRL-7893-8]
RIN 2012-AA01


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action on these Federal Implementation Plans (FIPs) under the Clean Air 
Act (CAA) for Indian reservations in Idaho, Oregon, and Washington. The 
FIPs put in place basic air quality regulations to protect health and 
welfare on Indian reservations located in the Pacific Northwest.

DATES: This regulation is effective June 7, 2005. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register as of June 7, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OAR-2004-0067. All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
EDOCKET or in hard copy at the EPA Air and Radiation Docket and 
Information Center, located at 1301 Constitution Avenue, NW., Room 
B102, Mail Code 6102T, Washington, D.C. 20004 (mailing address is 1200 
Pennsylvania Avenue, NW., Mail Code 6102T, Washington, D.C. 20460). The 
EPA Air and Radiation Docket and Information Center is open from 8:30 
a.m. to 4:30 p.m. Eastern Time, Monday through Friday, excluding legal 
holidays. The phone number for the Docket's Public Reading Room is 
(202) 566-1744. The docket is also available for public inspection and 
copying at the EPA Region 10 office, Office of Air, Waste, and Toxics, 
10th Floor, 1200 Sixth Avenue, Seattle, Washington 98101, between 8:30 
a.m. and 3:30 p.m. Pacific Time, Monday through Friday, excluding legal 
holidays. EPA Region 10 requests that, if at all possible, you contact 
the person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. A reasonable fee may be charged for copies.

FOR FURTHER INFORMATION CONTACT: David Bray, Office of Air, Waste and 
Toxics (AWT-107), U.S. EPA Region 10, 1200 Sixth Avenue, Seattle, WA 
98101-1128, (206) 553-4253, or e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background of the Final Rules
II. Major Issues Raised by Commenters
    A. EPA's Authority under the CAA
    B. Open Burning Rule
    C. Economic Impacts
    D. Delegation of Authority to Tribes
    E. Public Participation in the Rulemaking
    F. Implementation of the Rules
    G. Applicability of the Rules to Specific Source Categories
III. Summary of the Final Rules and Significant Changes from the 
March 2002 Proposal
IV. Statutory and Executive Order Reviews

I. Background of the Final Rules

    On March 15, 2002, the Environmental Protection Agency (EPA, 
Agency, or we) proposed to establish Federal Implementation Plans 
(FIPs) under the Clean Air Act (CAA or Act) (42 U.S.C. 7401 to 7671q) 
for 39 Indian reservations in Idaho, Oregon, and Washington. 67 FR 
11748-11801, March 15, 2002 and 67 FR 51802-51803, August 9, 2002. EPA 
stated that the proposed rules would be an important step in ensuring 
that basic air quality protection is in place to protect health and 
welfare on Indian reservations located in the Pacific Northwest. The 
proposal was widely publicized, and residents of the reservations, as 
well as affected Tribes, local governments, and States commented on the 
proposed rules. During the comment period that ended on October 10, 
2002, EPA also held a public hearing in Toppenish, Washington on 
September 10, 2002. We received 155 written comments during the comment 
period and 28 people provided oral testimony at the public hearing. 
Today's Federal Register action announces EPA's final action on all of 
the proposed regulations, except for Sec.  49.136 Rule for emissions 
detrimental to persons, property, cultural or traditional resources. We 
have not made a final determination on the proposed Sec.  49.136.
    In promulgating today's rules, EPA is exercising its discretionary 
authority under sections 301(a) and 301(d)(4) of the CAA to promulgate 
such implementation plan provisions as are necessary or appropriate to 
protect air quality within the Indian reservations that are 
specifically identified in 40 CFR part 49, subpart M Implementation 
Plans for Tribes--Region X.
    After evaluating air quality issues for the Indian reservations in 
Idaho, Oregon, and Washington, EPA continues to be concerned that there 
is a gap in air quality requirements in these areas under the CAA. Many 
Tribes in the Region are in the process of developing air quality 
management programs under the CAA; however, as of December 2004, no 
Tribe in Region 10 has submitted Tribal regulations for EPA approval as 
a Tribal Implementation Plan (TIP). Furthermore, States generally lack 
the authority to regulate air quality in Indian country. EPA is 
promulgating these rules today because we have concluded that they are 
appropriate for protecting air quality on Indian reservations in the 
Pacific Northwest. The rules will apply to any person who owns or 
operates an air pollution source within the exterior boundaries of an 
Indian reservation in Idaho, Oregon, or Washington, as set forth in 40 
CFR part 49, subpart M.
    The gap-filling rules EPA proposed in March 2002 were generally 
based upon the aspects of neighboring State and local rules most 
relevant to the air polluting activities on reservations in the Pacific 
Northwest, and follow a level of control of a typical air quality 
control program. EPA does not intend, nor does it expect, these gap-
filling regulations to impose significantly different regulatory 
burdens upon industry or residents within reservations than those 
imposed by the rules of State and local air agencies in the surrounding 
areas. As a general matter, these regulations are not as restrictive as 
the most stringent State and local rules for the same class of sources 
or activities; likewise, they are not as lenient as the least stringent 
of the State and local rules. Included in the docket for the proposed 
rulemaking were copies of all the State and local rules that EPA 
considered in this process, as well as a technical support document 
with summary tables showing the State and local agency levels of 
control as compared with the proposed regulations and a description of 
why EPA believed the proposed rules were appropriate.
    During the comment period, a number of Tribal governments, the 
States of Idaho, Oregon, and Washington, and many local air agencies in 
Washington submitted comments supporting the rules proposed by EPA and 
offered suggestions for improving the proposed rules. These commenters 
urged EPA to finalize the rules. Several Tribes also

[[Page 18075]]

urged EPA to continue assisting Tribes to build and implement their air 
quality management programs that will operate in coordination with 
EPA's rules.
    A number of comments were submitted that objected to the proposal 
generally or to particular provisions, EPA's reasons for proposing the 
rules, or how the proposal was developed. As discussed in detail below, 
many commenters objected to the rules because they misunderstood the 
proposal as authorizing Tribal governments to regulate the activities 
of nonmembers of the Tribe on privately deeded land within the 
reservation. Many of those commenters also disagreed with EPA that 
there is a regulatory gap under the CAA on Indian reservations. The 
commenters asserted that nonmember reservation residents and their 
private property within a reservation are under State jurisdiction, and 
that the proposed rules usurp the rights of State and local air 
authorities to manage, control, and enforce air quality requirements on 
non-trust parcels within the exterior boundaries of the reservation. 
Several comments criticized EPA for failing to follow its own public 
participation requirements for early involvement prior to publishing 
the proposed rules. In addition, EPA was criticized for consulting with 
Tribal governments for a number of years during the development of the 
proposed rules, but not providing adequate time for local governments 
to participate.
    The proposal to regulate open burning drew many comments. While the 
commenters generally supported EPA's proposal to regulate open burning, 
there was a great deal of concern about the proposal to allow the 
burning of combustible household wastes in burn barrels. A number of 
commenters also misunderstood the proposal as banning agricultural 
field burning and wrote about the economic importance of field burning 
to the agricultural community.
    Commenters also wrote that EPA should ensure it has adequate 
resources, both personnel and financial, to support implementation of 
the rules. Several Tribes urged EPA to provide sufficient resources for 
implementation, such as for responding to complaints and taking 
enforcement actions where there are violations of the rules. As 
mentioned above, Tribes also want EPA to continue to support capacity 
building by Tribes for Tribal air programs and to provide adequate 
resources so the Tribes can assist EPA in administering the rules.
    After evaluating all the comments that were received, EPA is moving 
forward with final rules for the 39 reservations. In these final rules, 
also referred to as the Federal Air Rules for Indian Reservations in 
Idaho, Oregon, and Washington (FARR), we are making certain 
modifications that reflect what EPA has learned from the extensive 
information provided by commenters and from consultation with the 
affected Tribal governments. This preamble to the final rules responds 
to the major issues raised by commenters and describes the final rules 
and significant changes from the proposal. All other comments are 
addressed in a document entitled ``Response to Comments'' that can be 
found in the docket for this rulemaking cited above.

II. Major Issues Raised by Commenters

A. EPA's Authority Under the CAA

    Several commenters wrote that the new Federal rules would duplicate 
State and local government rules, and therefore subject sources to 
another set of regulations for the same activity. Some commenters wrote 
that EPA has erroneously determined that the State of Washington does 
not have authority to administer environmental laws for non-trust lands 
in the State under an approved program. Other commenters wrote that EPA 
has not properly determined that the State does not have such 
jurisdiction as required, in their view, by State of Michigan v. EPA, 
268 F.3d 1075 (D.C. Cir. 2001). A State environmental agency disagreed 
with EPA's position that States generally lack the authority to 
regulate air quality in Indian country, and cited section 116 of the 
CAA as specifically preserving State law from preemption with respect 
to air emission standards. Commenters expressed a variety of other 
views as to why they believe States, not the Federal government, have 
jurisdiction for air quality programs in Indian country. One commenter 
wrote that Congress has given too much power to EPA, and that EPA has 
exceeded its delegation of responsibility. One citizen stated that the 
regulatory gap referred to in the proposed rules is a jurisdictional 
gap created by EPA, and that EPA has redefined a reservation to include 
all properties, regardless of their ownership. The commenter stated 
that such a gap does not exist, and that nonmember residents and their 
private property within a reservation are regulated by applicable State 
and county authorities in charge of air quality. Some commenters also 
expressed concern that EPA would extend the Federal regulatory program 
to include areas in an airshed that lie outside of the reservation 
boundaries. One commenter also asked EPA to describe how it will 
determine the reservation status of a source and whether there is a 
question of the Indian country status of the source.
    Several commenters wrote that EPA has exceeded its authority by 
establishing emission limitations that are not required in order to 
meet National Ambient Air Quality Standards (NAAQS). These commenters 
asserted that the CAA authorizes EPA regulations only if needed to meet 
or attain the NAAQS, and then only at levels justified to achieve 
health-based measures. These commenters assert that the CAA does not 
provide authority to regulate sources in an attainment area. An 
industry commenter also stated that the rules to protect air quality 
from the potential for significant deterioration caused by particulate 
matter (such as Sec. Sec.  49.124, 49.125, 49.126, and 49.128) and 
rules for protecting air quality from the potential for significant 
deterioration caused by sulfur dioxide release (Sec. Sec.  49.129 and 
49.130) appear to conflict with the CAA's regulatory scheme for 
stationary sources because EPA has not clearly characterized the state 
of air quality, as measured by the NAAQS, in the areas subject to the 
rules. This commenter and a number of others also questioned how EPA 
determined the stringency of the proposed emission limitations, with 
some commenters stating that the requirements should be more stringent, 
other commenters stating that the requirements should be less 
stringent, and some noting that the levels appear to be arbitrary.
    A local government agency commented that instead of adopting 
Federal requirements, EPA should use the process of approving Tribes 
for ``treatment in the same manner as a State'' (commonly referred to 
as ``TAS''), set forth in the CAA. One commenter stated that EPA should 
ensure that the proposed rules do not circumvent the TAS process as the 
method for approving Tribes to administer programs under the CAA.
    Other commenters criticized EPA for not establishing milestones to 
implement CAA provisions as soon as practicable, since States and 
delegated local air agencies must do so. These commenters also 
criticized EPA for not establishing schedules for implementation, as 
States are required to do under the CAA.
    EPA Response. In the final rule entitled ``Indian Tribes: Air 
Quality Planning and Management,'' generally referred to as the 
``Tribal Authority Rule'' or ``TAR,'' EPA explains that it intends to 
use its authority under the CAA ``to protect air quality throughout

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Indian country\1\'' by directly implementing the CAA's requirements 
where Tribes have chosen not to develop or are not implementing a CAA 
program. 63 FR 7254, February 12, 1998. The final TAR at 40 CFR 49.11 
states that EPA would ``promulgate without unreasonable delay such 
Federal implementation plan provisions as are necessary or appropriate 
to protect air quality'' for these areas. EPA is exercising its 
authority under sections 301(a) and 301(d)(4) of the CAA and 40 CFR 
49.11(a) to promulgate FIPs in order to remedy an existing regulatory 
gap under the CAA with respect to Indian reservations located in Idaho, 
Oregon, and Washington. Although many facilities in these areas may 
have historically followed State and local government air quality 
programs, with only one exception, EPA has never approved those 
governments to exercise regulatory authority under the CAA on any 
Indian reservations.\2\ Since the CAA was amended in 1990, EPA has been 
clear in its approvals of State programs that the approved State 
program does not extend into Indian country. It is EPA's position that, 
absent an explicit finding of jurisdiction and approval in Indian 
country, State and local governments lack authority under the CAA over 
air pollution sources, and the owners or operators of air pollution 
sources, throughout Indian country. Given the longstanding air quality 
concerns in some areas and the need to establish requirements in all 
areas to maintain CAA standards, EPA believes that these FIP provisions 
are appropriate to protect air quality on the identified reservations. 
The rules published today are based on the same CAA authority as EPA 
has used elsewhere in rulemaking that has been affirmed by the courts. 
As described below in II.D, EPA's interpretation of its authority has 
been affirmed by the U.S. Court of Appeals for the District of Columbia 
Circuit in Arizona Public Service Co. v. EPA, 211 F.3d 1280 (D.C. Cir. 
2000), cert. denied 121 S. Ct. 1600 (2001). In addition, EPA's 
authority to issue operating permits to major stationary sources 
located in Indian country under Title V of the Act, pursuant to 
regulations at 40 CFR part 71, was affirmed in State of Michigan v. 
EPA, 268 F.3d 1075 (D.C. Cir. 2001). EPA has used this same authority 
to issue a number of FIPs to address air pollution concerns at specific 
facilities located in Indian country. See Federal Implementation Plan 
for Tri-Cities landfill, Salt River Pima-Maricopa Indian Community, 40 
CFR 49.22 (64 FR 65663, November 23, 1999) and Federal Implementation 
Plan for the Astaris-Idaho LLC Facility (formerly owned by FMC 
Corporation) in the Fort Hall PM10 Nonattainment Area, 40 CFR 49.10711 
(65 FR 51412, August 23, 2000).
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    \1\ ``Indian country'' is defined under 18 U.S.C. 1151 as: (1) 
All land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through 
the reservation, (2) all dependent Indian communities within the 
borders of the United States, whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a State, and (3) all Indian allotments, the 
Indian titles to which have not been extinguished, including rights-
of-way running through the same. Under this definition, EPA treats 
as reservations trust lands validly set aside for the use of a Tribe 
even if the trust lands have not been formally designated as a 
reservation.
    \2\ For purposes of approving the Washington Department of 
Ecology (WDOE) operating permits program under 40 CFR part 70, EPA 
explicitly found that WDOE demonstrated that the Washington Indian 
(Puyallup) Land Claims Settlement Act, 25 U.S.C. 1773, gives 
explicit authority to State and local governments to administer 
their environmental laws on all non-trust lands within the 1873 
Survey Area of the Puyallup Reservation in Tacoma, Washington.
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    Effects of State Law. The rules established by EPA here are in 
effect under the CAA. EPA recognizes that in a few cases, other 
governmental entities may have established air quality or fire safety 
requirements that the commenters believe apply to them for the same 
activity. However, unless those rules or requirements have been 
approved by EPA under the CAA to apply on Indian reservations, 
compliance with those other requirements does not relieve a source from 
complying with the applicable FARR. As EPA has stated elsewhere, States 
generally lack the authority to regulate air quality in Indian country. 
See Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 
520, 527 fn.1 (1998) (``Generally speaking, primary jurisdiction over 
land that is Indian country rests with the Federal Government and the 
Indian Tribe inhabiting it, and not with the States.''), California v. 
Cabazon Band of Mission Indians, 480 U.S. 202, 216 and n.18 (1987); see 
also HRI v. EPA, 198 F.3d 1224, 1242 (10th Cir. 2000); see also 
discussion in EPA's final rule for the Federal operating permits 
program, 64 FR 8251-8255, February 19, 1999. Furthermore, EPA 
interprets the CAA as establishing unitary management of reservation 
air resources and as a delegation of Federal authority to eligible 
Tribes to implement the CAA over all sources within reservations, 
including non-Indian sources on fee lands. Accordingly, even if a State 
could demonstrate authority over non-Indian sources on fee lands, EPA 
believes that the CAA generally provides the Agency the discretion to 
Federally implement the CAA over all reservation sources in order to 
ensure an efficient and effective transition to Tribal CAA programs and 
to avoid the administratively undesirable checkerboarding of 
reservation air quality management based on land ownership. EPA 
believes that Congress intended that EPA take a territorial view of 
implementing air programs within reservations. EPA believes that air 
quality planning for a checkerboarded area would be more difficult and 
that it would be inefficient if a State were to exercise regulation 
over piecemeal tracts of land within a reservation, possibly with 
similar reservation sources being subject to different substantive 
requirements. EPA's approach provides for coherent and consistent 
environmental regulation within reservations.
    Although EPA does not recognize State or local air regulations as 
being effective within Indian country for purposes of the CAA, absent 
an express approval by EPA of those regulations for an area of Indian 
country, today's rulemaking does not address the validity of State and 
local law and regulations with respect to sources in Indian country, or 
the authority of State and local agencies to regulate such sources, for 
purposes other than the Federal CAA. We are specifically not making a 
determination that these Federal CAA rules override or preempt any 
other laws that have been established. For example, in the area of open 
burning, EPA recognizes that some Federal, State, local, and Tribal 
agencies may have established requirements covering topics such as 
solid waste management and fire safety in addition to air quality 
management. The general open burning rule at Sec.  49.131 specifically 
provides that nothing in the rule exempts or excuses any person from 
complying with the applicable laws and ordinances of other governmental 
jurisdictions.
    Application of the FARR to Sources within the Exterior Boundaries 
of Reservations. Since these rules will apply only to sources located 
within the boundaries of the specified Indian reservations, EPA 
believes it will be relatively easy for a source or activity located on 
an Indian reservation to determine whether it is subject to the 
provisions of the rules that are included in the implementation plan 
for that reservation in 40 CFR part 49, subpart M. The rules adopted 
here do not apply directly to sources located outside these 
reservations. A source that is uncertain regarding the applicability of 
a rule may submit a written request to EPA for an applicability 
determination. In

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response, EPA will issue a written determination stating whether the 
source or activity is subject to a particular Federal air quality rule. 
In most cases, determining whether the source or activity is on an 
Indian reservation will be straightforward and non-controversial. For 
example, in most cases EPA and the source will be able to easily 
determine whether a source is located within the exterior boundaries of 
a reservation, including Tribal trust lands. If a source is located on 
land within the exterior boundaries of an Indian reservation recognized 
by the Department of the Interior, that source will be subject to the 
FIP established for that reservation notwithstanding the ownership 
status of the land.\3\ EPA will not consider the status of an area to 
be in question if it is clearly within the boundaries of an Indian 
reservation.\4\ In the rarer, more complex factual cases, EPA will, as 
appropriate, work with the U.S. Department of the Interior, Tribes, and 
stakeholders to assess the reservation status of the location. After 
EPA has reviewed the relevant materials, the Agency will send a letter 
to the source stating EPA's determination of whether the source is 
located within the boundaries of a reservation. Such sources or 
activities located on Indian reservations will be expected to comply 
with the applicable requirements of these FIPs.
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    \3\ Section 301(d)(2)(B) of the Act, 42 U.S.C. 7601(d)(2)(B), 
refers to management and protection of resources within the exterior 
boundaries of the reservation; section 110(o) of the Act, 42 U.S.C. 
7410(o), states: ``When such [implementation] plan becomes effective 
in accordance with the regulations promulgated under section 7601(d) 
of this title, the plan shall become applicable to all areas (except 
as expressly provided otherwise in the plan) located within the 
exterior boundaries of the reservation, notwithstanding the issuance 
of any patent and including rights-of-way running through the 
reservation.''
    \4\ Since the rules promulgated today pursuant to Subchapter III 
of the Act apply only to sources within the boundaries of the 
specified Indian reservations, which are clearly Indian country 
under 18 U.S.C. 1151 and the CAA, these rules are consistent with 
the decision in State of Michigan v. EPA, 268 F.3d 1075 (D.C. 
Cir.2001).
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    EPA's Approach. EPA's intention is to promulgate Federal 
regulations that are an important initial step to fill the regulatory 
gap on Indian reservations in Idaho, Oregon, and Washington. However, 
EPA does not intend, nor does it expect, these gap-filling regulations 
to impose significantly different regulatory burdens upon industry or 
residents within reservations than those imposed by the rules of State 
and local air agencies in the surrounding areas. This approach is 
intended to formally ``level the playing field.'' In other words, the 
intent of these rules is to provide people living within reservation 
boundaries with air quality protection similar to surrounding areas, 
and to require that emissions from sources located within reservations 
are controlled to levels similar to those of sources located outside 
the reservations. EPA believes that in light of the particular air 
quality problems generally present on reservations in the Pacific 
Northwest and based on our expertise in this area, it is appropriate to 
establish each of the air quality rules for each reservation that are 
promulgated today.
    These gap-filling rules are generally based upon the aspects of 
State and local rules most relevant to the air-polluting activities on 
reservations in the Pacific Northwest, and reflect a level of control 
of a typical air quality control program. As a general matter, these 
regulations are not as restrictive as the most stringent State and 
local rules for the same class of sources or activities; likewise, they 
are not as lenient as the least stringent of the State and local rules. 
EPA has used its best professional judgment to determine limits that 
provide protection where none existed yet are similar enough to 
adjacent rules so as to not create hardships for industry, Tribes, or 
the general public. In some areas a particular rule is more or less 
stringent than a rule in areas directly adjacent to the reservation, 
but on the whole, we believe these rules are roughly equivalent to the 
rules in surrounding jurisdictions.
    EPA's final rules published here address clearly identified air 
pollution concerns of the Pacific Northwest Indian reservations based 
on information gathered in a number of ways, including review of State 
and local air agency implementation plans, as discussed in the 
proposal. EPA believes that it is appropriate to focus initially on the 
sources in Region 10 that have been identified as ones that may cause 
or contribute to prevalent air quality problems on reservations and in 
shared airsheds of the Pacific Northwest. Aside from existing national 
emissions standards and Federal requirements described elsewhere, these 
FIPs are the first building blocks under the CAA to address such 
emissions.
    EPA Authority for these FIPs. As described below, EPA disagrees 
that its authority under the CAA is limited to regulate sources only as 
proven necessary to attain or maintain the NAAQS and also disagrees 
with the commenters' position that the Prevention of Significant 
Deterioration (PSD) authority of section 165 of the Act only applies to 
new major sources. EPA believes it has ample authority under the CAA to 
regulate air pollutants that may pose a threat to human health and the 
environment.
    While the authority for EPA to establish these Federal rules for 
Indian reservations comes primarily from section 301(d) of the CAA, the 
Agency will look to all of its CAA authorities when establishing 
requirements that apply to both criteria and non-criteria pollutants. 
The primary guide for evaluating the scope of implementation plans is 
found in section 110 of the CAA. Section 110(a)(1) of the CAA is the 
basis for authority to establish implementation plan requirements that 
provide for the maintenance of a primary or secondary NAAQS; however, 
the CAA also provides authority to establish requirements for 
pollutants where a NAAQS has not been established. For example, the 
emergency power authority required by section 110(a)(2)(G) provides 
authority to establish requirements for pollutants where a pollution 
source or combination of sources is presenting an imminent and 
substantial endangerment to public health or welfare or the 
environment, without regard to whether a pollutant is regulated by a 
NAAQS. Under the authority of section 110 and part C of the CAA, EPA is 
authorized to establish requirements for regulated air pollutants for 
which EPA has not promulgated standards under section 109. There are 
also several other applicable authorities in part C of the CAA, which 
addresses PSD. Section 160(1) of the CAA authorizes EPA ``to protect 
public health and welfare from any actual or potential adverse effect 
which in the Administrator's judgment may be reasonably anticipate[d] 
to occur from air pollution or from exposures to pollutants in other 
media * * * notwithstanding attainment and maintenance of all national 
ambient air quality standards.'' Section 161 of the CAA states that 
each applicable implementation plan will contain ``emission limitations 
and such other measures as may be necessary * * * to prevent 
significant deterioration of air quality'' in attainment or 
unclassifiable areas. Section 110(a)(2)(D) states that each 
implementation plan should contain provisions prohibiting ``any source 
or other type of emissions activity within the State from emitting any 
air pollutant in amounts'' which will interfere with measures required 
under a part C implementation plan ``to prevent significant 
deterioration of air quality or protect visibility.'' These provisions 
of the CAA authorize EPA to establish permit conditions and other 
requirements to regulate activities that emit pollutants, even where 
pollutant

[[Page 18078]]

levels in the ambient air are below the NAAQS for criteria pollutants 
in attainment or unclassifiable areas. The FIPs issued by EPA also can 
rely on other authorities in the CAA to regulate and obtain information 
about sources of pollutants other than NAAQS pollutants, such as our 
authority to require reporting and recordkeeping under section 114 of 
the CAA. EPA believes its authority to promulgate these rules under the 
CAA is clear and consistent with its previous rules promulgated 
pursuant to section 301(d) that were upheld by applicable courts of the 
United States.
    The rules established here neither affect a Tribe's eligibility for 
TAS nor change EPA's rules establishing the TAS process. EPA is 
promulgating these gap-filling rules for Indian reservations in Idaho, 
Oregon, and Washington after consulting with the affected Tribes about 
air quality issues they face. These rules, as described elsewhere, are 
intended to fill the gap in current regulations until such time as 
individual Tribes develop and implement approved TIPs.
    Implementation Schedule. With regard to the comment on 
implementation schedules, EPA thoroughly discussed in the final TAR 
rulemaking (63 FR 7265) how it is meeting the deadlines established in 
section 110 of the CAA. EPA has interpreted the CAA as offering 
flexibility to Tribes regarding the time needed to establish a CAA 
program, and the CAA does not compel Tribes to establish a CAA program. 
Therefore, EPA determined that it would be infeasible and inappropriate 
to subject Tribes to the mandatory submittal deadlines imposed by the 
Act on States. However, the TAR includes a specific obligation at Sec.  
49.11 to establish a FIP to protect air quality within a reasonable 
time as necessary or appropriate if Tribal efforts do not result in 
adoption and approval of Tribal plans or programs. Thus, EPA will 
continue to be subject to the basic requirement to issue any necessary 
or appropriate FIP for affected Tribal areas within a reasonable time.
    Section 116 of the Act. EPA believes that Federal implementation of 
the Act does not conflict with CAA section 116. Section 116 does not 
extend State jurisdiction into Indian country. Instead, section 116 
provides that the CAA does not preclude or deny the right of any State 
to adopt or enforce any standard or limitation respecting emissions of 
air pollutants or any requirement respecting control or abatement of 
air pollution. As EPA wrote in the final rule establishing the Federal 
Operating Permits Rule at 40 CFR part 71 (64 FR 8247, 8252, February 
19, 1999), section 116 reserves to the States the right to set State 
emission standards and limitations that are more stringent than and/or 
in addition to Federal requirements. Section 116 does not preclude EPA 
from implementing CAA programs. For purposes of this rulemaking, EPA 
does not believe it is necessary to resolve whether States are 
precluded from regulating air resources in Indian country solely under 
color of State law or whether the reservation of rights embodied in 
section 116 extends to any area of Indian country.

B. Open Burning Rule

    The proposal to regulate open burning drew many comments. The most 
significant topic of concern was the proposed provision that would 
allow the burning of household wastes in burn barrels. Commenters were 
concerned about the health and fire safety risks posed by unregulated 
open burning of waste materials, especially for susceptible populations 
such as people with asthma, children, and the elderly. A wide variety 
of commenters questioned the exemption for burning household wastes in 
burn barrels, since such use is already prohibited by many State and 
local air quality, waste disposal, or fire safety rules or 
requirements.
    EPA Response: EPA received many comments with compelling 
information about the threats to human health that can result from open 
burning, especially from burning garbage in burn barrels. In addition 
to the numerous comments that objected to allowing the burning of 
household wastes in burn barrels, EPA has learned of many efforts to 
stop backyard burning, especially in residential areas. EPA's Office of 
Solid Waste is implementing a national program to encourage the use of 
alternatives to open burning, and the State of Washington is attempting 
to eliminate all outdoor burning.
    Based on these comments and other information, EPA is revising the 
final open burning rule to eliminate the exemption for burning 
combustible household wastes in burn barrels at single-family 
residences or residential buildings of four or fewer dwelling units. 
EPA recognizes that the use of burning to dispose of household wastes 
is disfavored by a wide variety of government agencies, and many 
residents of reservations spoke out against this practice.
    The proposed exemption allowed the burning of combustible household 
wastes, including garbage, plastic containers, paper, paper products, 
cardboard, and other materials resulting from general residential 
activities. The only element of the proposed exemption that EPA is 
retaining in the final rule is to allow for open burning on-site of 
paper, paper products, and cardboard that are generated by single-
family residences or residential buildings with four or fewer dwelling 
units. EPA proposed to allow the burning of household wastes in burn 
barrels based on our understanding that solid waste handling 
alternatives were not readily available to all persons living on 
reservations. A reservation solid waste survey conducted in 1997 
(Reservation Solid Waste Survey, The Northwest Renewable Resource 
Center, ed. John M. Kliem) indicated that two-thirds of Tribal 
governments in Idaho, Oregon, and Washington do not have solid waste 
management programs and many reservations do not have garbage pickup 
service. Further, several Tribes confirmed during consultation that 
alternatives to residential burning were not readily available to all 
persons on their reservations. However EPA heard from other commenters 
that many reservations have access to garbage collection services. We 
have insufficient information to conclude that solid waste handling 
alternatives are readily available on all reservations. Therefore, 
while we are eliminating the exemption for burning combustible 
household wastes in burn barrels due to the health effects and other 
environmental and safety concerns, EPA believes, on balance, that it is 
not appropriate to completely prohibit the outdoor burning of paper, 
paper products, and cardboard at this time.
    Under today's final rule outdoor burning cannot be used to dispose 
of garbage, plastics, or plastic products, including plastic containers 
and styrofoam. It should be noted that the removal of the proposed 
exemption for burning household wastes in burn barrels does not mean 
that all burning in burn barrels is prohibited by this rule. Under this 
rule, burn barrels may be used to dispose of materials that are allowed 
to be open burned, such as tree trimmings, yard waste, and paper 
generated by a single-family residence. EPA emphasizes that open 
burning must also comply with any fire safety codes or other applicable 
regulations that may also govern outdoor burning and the use of burn 
barrels.
    EPA recognizes that removing the exemption from the final rule may 
mean that some reservation residents who currently dispose of household 
wastes by burning may not be in compliance with the rule. As with the 
other rules being published today, EPA's initial

[[Page 18079]]

focus on compliance assurance work will be in the form of assistance, 
outreach, and education that will inform affected individuals and 
organizations of the new rules and the adverse health effects of 
burning. We intend to work with Tribal and local governments to 
identify alternatives to open burning and plan to use a variety of 
tools to monitor and respond to violations of the general open burning 
rule. EPA's approach for implementation of the FARR is described in 
section II.F.
    Through outreach and education, it is EPA's goal to eliminate open 
burning disposal practices where alternative methods are feasible and 
practicable, to encourage the development of alternative disposal 
methods, to emphasize resource recovery, and to encourage utilization 
of the highest and best practicable burning methods to minimize 
emissions where other disposal practices are not feasible. EPA strongly 
supports Tribes, States, and other entities in continuing efforts to 
reduce open burning in their jurisdictions and generally encourages 
alternate methods for disposing of waste. EPA is working with both 
Tribes and States to enhance the awareness of the health concerns of 
open burning and facilitate the use of alternate disposal methods 
through outreach and recycling programs.
    EPA is still concerned about the health effects of even limited 
outdoor burning. Therefore, we intend to continue to evaluate our 
approach as we gain experience implementing the rules published today, 
and consider whether outdoor burning should be further limited or 
completely banned in the future. We are interested in input regarding 
whether we should consider additional separate rulemaking to ban all 
outdoor burning on reservations, or only allow limited open burning 
where garbage pickup or recycling is not reasonably available.

C. Economic Impacts

    In response to EPA's request in the proposal for information about 
the assumptions EPA used to estimate the economic impacts of the rules, 
a number of commenters wrote that the proposed rules may have an 
economic effect on the agricultural sector and could affect business 
development on reservations. A number of farmers and organizations that 
represent the farming community expressed concern that the proposed 
rules will establish requirements to eliminate field burning. The 
comments described the value of the agricultural sector within specific 
reservations, and expressed concern that the proposed rules in general 
would hinder the farmers' ability to use their land to make a living 
and also diminish the value of their land. Many of those commenters and 
several local governments were concerned that if the rules authorize 
Tribal governments to regulate nonmember residents of a particular 
reservation, the jurisdictional issues that arise from these rules 
would have a negative impact on businesses in the affected areas. The 
commenters were worried that jurisdictional conflicts could inhibit new 
business and industry from locating on property subject to Tribal air 
quality control and drive businesses out of the affected areas. 
However, no commenters provided any specific information about the 
potential economic impacts of the proposed rules.
    EPA Response. The commenters in the agricultural community who 
expressed concern that the rules as proposed would cause economic 
disruption by eliminating field burning appear to have misunderstood 
the proposal. EPA did not propose a ban on agricultural field burning, 
and these final rules do not establish any ban on field burning. The 
rule for general open burning at Sec.  49.131 prohibits certain 
materials from being openly burned, but does not prohibit agricultural 
burning. On the Nez Perce Reservation and Umatilla Indian Reservation, 
in addition to the general open burning rule, EPA is establishing a 
rule for agricultural burning permits at Sec.  49.133 that requires 
farmers to obtain approval of a permit from EPA before conducting an 
agricultural burn. Currently, EPA and the Nez Perce Tribe have 
established an intergovernmental agreement with the Idaho State 
Department of Agriculture and the Idaho Department of Environmental 
Quality that provides for a coordinated management of agricultural 
burning activities in the Clearwater Airshed; if necessary, the 
agreement will be modified to reflect the role of these rules. EPA 
expects to establish a similar intergovernmental agreement with the 
Confederated Tribes of the Umatilla Indian Reservation. Additionally, 
the requirements in the FIPs for agricultural burning permits and open 
burning are similar to requirements in surrounding jurisdictions.
    As discussed elsewhere, a number of commenters misunderstood the 
proposed rules as providing authority to Tribal governments over 
nonmembers. The commenters' concerns that the FARR would inhibit new 
businesses and drive out existing businesses appear to be based upon 
this misunderstanding. The FIPs are Federal rules issued by EPA under 
the Federal CAA, and do not provide any authority for Tribes to use 
Tribal laws to regulate nonmember conduct on any reservation or for 
Tribes to enforce Tribal law against nonmembers in Tribal courts. Since 
these rules are Federal rules, we are not expressing any opinion about 
the validity of such concerns at this time. From a Federal perspective, 
EPA already regulates businesses on these Indian reservations under the 
CAA under existing Federal regulatory programs such as the PSD, 
National Emission Standards for Hazardous Air Pollutants (NESHAP), and 
New Source Performance Standards (NSPS) programs. Today's rules 
establish additional Federal requirements for industry and residents on 
reservations that are similar to the requirements imposed by the rules 
of State and local air agencies in the surrounding areas. The rule 
authorizing non-Title V operating permits at Sec.  49.139 offers a real 
benefit to industry and businesses by providing a means to obtain 
enforceable limits on the source's potential to emit for purposes of 
PSD, Title V, or section 112 of the Act. Today's rules also provide 
greater certainty to businesses by clearly identifying applicable CAA 
requirements.
    In developing the proposed rulemaking, EPA estimated the economic 
impacts of these requirements in an Economic Impact Analysis (EIA). In 
the Federal Register notice for the proposal, EPA specifically 
solicited comments on certain assumptions regarding capital costs, 
operation and maintenance (O&M) costs, and the costs of meeting visible 
emission and fugitive emission requirements, conducting source tests, 
and meeting the sulfur content in fuel limits. EPA explained that, for 
the purposes of generating cost estimates in the EIA for each of the 
proposed rules, EPA assumed that there would be no capital costs 
incurred under any of these rules. EPA stated that it believes sources 
generally are complying with State and local rules in the absence of 
Federal rules because the sources may have believed they were subject 
to State and local rules or otherwise chose to follow such rules. 
Furthermore, based on information obtained from Tribal, State, and 
local authorities, as well as businesses and other entities affected by 
these rules, EPA did not anticipate that facilities would add control 
devices as a result of these rules. In the proposal, EPA did not 
estimate O&M costs to comply with these rules because insufficient data 
were available to estimate them. EPA has again evaluated the potential 
economic impacts of these rules, after

[[Page 18080]]

considering comments on the proposed rules. No specific information was 
submitted about the EIA assumptions in comments on the proposed 
rulemaking to indicate that the EIA prepared by EPA for the rules is 
incorrect. The EIA has been updated to reflect rule revisions, updated 
wage rates, and new information about the sources on the 39 Indian 
reservations. As described in the EIA, annualized labor costs are 
estimated to be $120,872, annualized non-labor costs are estimated to 
be $17,475 (which is divided between annualized start-up costs of 
$14,175 and recurring annual [O&M] costs of $3,300), and incremental 
pollution abatement capital equipment expenditures are assumed to be 
zero for a total estimated cost of $138,347 annually after all rules 
are fully implemented. These estimates are the cumulative costs for all 
businesses affected by the rules. The final Economic Impact Analysis is 
available in the docket for this rulemaking.

D. Delegation of Authority to Tribes

    A number of commenters were concerned that the proposed rules would 
delegate authority to Tribal governments to regulate the activities of 
non-Tribal members on privately owned land within the reservation. The 
commenters believed that such rules would be unconstitutional, stating 
that non-Tribal citizens have no voice or representation in Tribal 
government and are not able to vote in Tribal elections.
    Several commenters had questions about how the delegation process 
is different than the process for a Tribe to be approved for TAS. 
Several Tribes reminded EPA that the CAA was enacted with the 
expectation that Tribal governments would be managing air quality on 
reservations. The commenters asked EPA to ensure that these rules and 
the delegation provisions do not diminish the rights or ability of 
Tribes to establish requirements under Tribal law.
    In its comments on the proposed delegation provision at Sec.  
49.122, a State environmental agency stated that it supported 
delegation of provisions of the FARR to Tribes, but requested that the 
State, affected stakeholders, and local communities be given an 
opportunity to participate in the development of delegation agreements 
by at least being offered the opportunity to comment. Another local 
government also requested an opportunity to comment on proposed 
delegation agreements. The State also requested that, prior to 
delegation, EPA require the Tribe to demonstrate that it has sufficient 
resources to ensure that the terms and conditions of the agreement can 
be met. The State also asked EPA to explain the specific Federal 
functions that would be subject to delegation under the proposed 
regulation.
    EPA Response: The rule EPA is finalizing at Sec.  49.122 authorizes 
a partial delegation of administrative authority to a Tribal government 
for the purpose of assisting EPA in administering one or more of the 
Federal rules that have been promulgated for a Tribe's reservation. 
While a Tribe may be delegated administrative authority for one or more 
of the Federal rules, EPA will maintain sole authority to enforce the 
FARR. Since this would be a delegated Federal program, any Federal 
requirement administered by a delegated Tribe is subject to EPA 
enforcement and EPA appeal procedures, not the Tribe's, under Federal 
law. The delegation provision allows EPA to delegate distinct roles for 
assisting EPA and severable Federal regulations to qualified Tribes for 
administration, without requiring a Tribe to take on all aspects of the 
FARR. This provision provides EPA additional flexibility for 
implementing these rules where EPA believes delegation is appropriate. 
The delegation process in this rule is similar to the process EPA uses 
to delegate authority to States to administer Federal programs such as 
PSD and Title V. Nothing in these rules requires EPA to delegate 
administrative authorities to Tribes. The partial delegation would 
authorize a Tribal government to administer specific functions of the 
FARR rules, with Tribal government employees acting as authorized 
representatives of EPA. EPA and the delegated Tribe would, as 
appropriate, establish mechanisms to fund the work by Tribal staff, 
that may include Federal funding assistance through cooperative 
agreements and grants and/or user fees and charges established by the 
Tribe to fund its administrative activities on behalf of EPA. The Tribe 
would be authorized to administer one or more of the rules, with the 
oversight of EPA staff. Any challenges to an action will be handled 
directly by EPA, and any formal appeals or enforcement actions will 
proceed under EPA's administrative and civil judicial procedures.
    As EPA stated in the proposed rulemaking, the administrative 
delegation from EPA to a Tribe to implement a specific Federal air rule 
is to be distinguished from EPA's interpretation that the CAA is a 
delegation of Federal authority from Congress to Tribes. It is EPA's 
position that the CAA TAS provision constitutes a statutory delegation 
of authority to eligible Tribes over their reservations. Under the CAA, 
Tribes may develop air programs covering their reservations and non-
reservation areas within their jurisdiction for submission to EPA for 
approval in the same manner as States. 63 FR 7254-7259; 59 FR 43958-
43960. The U.S. Court of Appeals for the District of Columbia Circuit 
upheld the TAR in Arizona Public Service Co. v. EPA, 211 F.3d 1280 
(D.C. Cir. 2000), cert. denied 121 S. Ct. 1600 (2001). The TAR 
established how EPA can approve Tribal eligibility applications for a 
Tribe to operate a CAA program under Tribal law using a modular 
approach. EPA expects that many Tribes will develop their own air 
quality programs. However, Tribes are not required to adopt and 
implement all CAA programs at once.
    The approach being used in these final regulations will allow 
Tribes that are building air quality programs to gain experience by 
assisting EPA with implementation of the Federal rules before they 
decide to adopt their own Tribal rules. EPA recognizes that a Tribe may 
choose not to develop a Tribal air program under Tribal law for 
approval under the TAR, but may still want to assist EPA in 
implementing the Federal air quality requirements for its reservation 
and to build its capacity in managing an air quality program. However, 
EPA stresses that establishing a delegation agreement to assist EPA in 
implementing the FARR on a reservation will not affect a Tribe's 
eligibility for TAS. EPA anticipates that the capability and experience 
gained through assisting EPA will help Tribes decide whether to 
establish their own CAA programs to either supplement or substitute for 
the Federal rules for their particular reservation.
    EPA recognizes that a number of the commenters believe it is 
unconstitutional for a Federal law to subject nonmembers to the laws of 
an Indian Tribe. As noted above, however, these commenters have 
misunderstood these rules because the FARR consists of Federal 
requirements, to be enforced by the Federal government. Still, it is 
important to note that the commenters' concerns have been addressed by 
the courts including, as noted above, in relation to EPA's 
interpretation of the CAA TAS provision as a Congressional delegation 
of authority to Tribes over their reservations which was upheld by the 
U.S. Court of Appeals for the D.C. Circuit.
    EPA stresses that a delegation agreement is not the only mechanism 
by which a Tribe can assist EPA in implementing one or more of the 
rules. EPA may choose to make arrangements

[[Page 18081]]

with Indian Tribes under a variety of Federal assistance authorities, 
such as grants, cooperative agreements, or contracts, where the work to 
be accomplished would be specified in the financial assistance 
documents.
    The final rule at Sec.  49.122 retains the same provision as 
proposed by EPA to delegate to a Tribe the authority to help EPA 
implement the FARR on the Tribe's reservation. EPA is, however, making 
several revisions to the rules in response to comments. For example, 
the title of the rule is changed to read ``Partial Delegation of 
Administrative Authority.'' This revised title is designed to clarify 
that the rule authorizes EPA to delegate only the authority to assist 
in the administration of, but not enforce, the rules. The final rule at 
Sec.  49.122(a) explicitly states that the rules covered by a 
delegation agreement would be enforced by EPA, as appropriate.
    In response to requests for an opportunity to participate in the 
development of these partial delegation agreements, this rule includes 
a new subsection, Sec.  49.122(d)(1), that provides for stakeholder 
involvement prior to completing a partial delegation agreement. This 
new subsection of the rule provides that prior to completing a partial 
delegation agreement under the rule, EPA will consult with appropriate 
governmental entities outside of the specified reservation, and with 
city and county governments located within the boundaries of the 
specified reservation. EPA has defined appropriate governmental 
entities as States, Tribes, and other Federal entities located 
contiguous to the Tribe applying for eligibility. See generally, 56 FR 
64876, 64884 (December 12, 1991) and 63 FR 7267 (February 12, 1998). 
EPA does not believe that it is necessary or appropriate to require 
additional public participation procedures for establishing a partial 
delegation agreement between EPA and a Tribe because it will be limited 
to describing how a Tribe will assist EPA by administering one or more 
of the rules. EPA will however, publish a notice in the Federal 
Register informing the public of any partial delegation agreement for a 
particular Indian reservation and will indicate such delegation in the 
implementation plan for the Indian reservation. EPA will also publish 
an announcement of the partial delegation agreement in local 
newspapers.
    EPA agrees that it will delegate authority to help administer these 
rules only to Tribes capable of doing the work properly. The final rule 
is modified to expressly require a Tribe to demonstrate both the 
technical capability and adequate resources to administer the rule 
under a partial delegation agreement. The FARR at Sec.  49.122(b) 
describes the criteria a Tribe must meet when applying for a partial 
delegation, including that the Tribe has (or is acquiring) the 
technical capability and resources to carry out the aspects of the 
rules and provisions for which delegation is requested. As already 
noted, EPA has no obligation to delegate administrative authorities to 
Tribes, and we will do so only where the Tribe has demonstrated that 
the work will be carried out properly. EPA also expects the partial 
delegation agreements will include provisions to regularly review 
performance by the Tribe and identify implementation issues that could 
be addressed by modifying the delegation agreement.
    Consistent with the proposal, this final rule does not list the 
rules or Federal functions that may be delegated. For some portions of 
the FARR, EPA expects to initially retain full administration of the 
program without administratively delegating any aspects to Tribes so 
that we can gain experience with the process for implementation and 
become familiar with the regulated community. For example, EPA wants to 
gain experience with implementing the rule for non-Title V operating 
permits at Sec.  49.139 by using Federal administrative procedures. A 
number of rules are not subject to delegation because they are self-
implementing standards that are to be met by the regulated community, 
such as the rules at Sec.  49.124 (Rule for limiting visible 
emissions), Sec.  49.125 (Rule for limiting the emissions of 
particulate matter), Sec.  49.126 (Rule for limiting fugitive 
particulate matter emissions), Sec.  49.127 (Rule for woodwaste 
burners), Sec.  49.128 (Rule for limiting particulate matter emissions 
from wood products industry sources), and Sec.  49.129 (Rule for 
limiting emissions of sulfur dioxide). On the Nez Perce Reservation, 
where we have been working closely with the Tribe, and the Umatilla 
Indian Reservation, where EPA is promulgating burning permit programs 
for both reservations, EPA expects to establish delegation agreements 
with the Tribes to provide local handling of permitting and 
implementation needs.
    Tribal governments will be able to provide a variety of expertise 
to assist EPA in implementing these rules. For example, EPA anticipates 
arrangements for administering the open burning rule may include 
coordination with local fire marshals and fire safety officials. The 
specific provisions of each delegation agreement will be tailored, as 
appropriate, in light of each Tribal government's operations, the 
location of the reservation, or other relevant factors.

E. Public Participation in the Rulemaking

    When the proposed rules were published on March 15, 2002, EPA 
provided a 90-day public comment period ending on June 13, 2002. Before 
the close of the comment period, some local governments and several 
individuals requested more time to comment on the proposed rules, 
writing that more time was needed to provide all affected parties an 
opportunity to comment and to allow thorough review of the proposed 
rules by elected officials. In response to the requests for additional 
time to comment on the proposal, EPA reopened the comment period from 
August 9, 2002 until October 10, 2002 and held a public hearing in 
Toppenish, Washington, on the Yakama Reservation, on September 10, 
2002. The hearing was advertised in various newspapers in Washington, 
Oregon, and Idaho. EPA offered an afternoon information session for 
questions and answers before the evening hearing in Toppenish. 
Approximately 90 people attended the information session and hearing, 
and 28 people testified at the hearing. A copy of the transcript from 
the public hearing is in the docket.
    During the second comment period, EPA received a number of 
additional comments requesting more time for public participation. A 
number of commenters criticized EPA for consulting with Tribal 
governments for a number of years during the development of the 
proposed rules, and stated that EPA had not provided adequate time for 
local governments to participate. A number of other commenters wrote 
that EPA had offered enough time for interested parties to comment.
    Several comments criticized EPA, asserting that EPA failed to 
follow the EPA Public Involvement Policy (46 FR 5736, January 19, 1981 
and 68 FR 33946, June 6, 2003) for early consultation and involvement 
prior to publishing the proposed rules. Commenters also stated that EPA 
failed to comply with Executive Order 13132 on Federalism, asserting 
that EPA did not meet its requirements for early consultation with 
State and local officials during rule development. Several commenters 
stated that EPA had not completed an environmental assessment of the 
rules, which the commenters believed was subject to the National 
Environmental Policy Act (NEPA).

[[Page 18082]]

    EPA Response: EPA believes it provided adequate time and 
opportunity for the public, as well as State and local agencies, to 
fully participate in the rulemaking. EPA invited review of the proposed 
rules from State and local air agencies well in advance of starting the 
public comment period in March 2002, reopened the original 90-day 
comment period at the request of commenters, and held a public hearing 
one month before the public comment period ended.
    When determining how much time to offer for public comment, EPA 
also considered that State and local air agencies had opportunities to 
review and comment on the proposal well in advance of the public 
comment period. As noted in the proposal, EPA provided advance draft 
copies of the proposed rules to State and local air agencies in Idaho, 
Oregon, and Washington. Specifically, EPA provided a draft of the 
proposal to State and local air agencies in July 2001 and solicited 
input. Generally, the States and local air agencies were pleased that 
EPA was developing rules for Indian reservations and provided useful 
feedback on the draft.
    EPA disagrees with the commenters who think that EPA should not 
have worked so closely with Tribal governments. The Agency believes it 
has proceeded with this rulemaking consistent with all Agency policies 
and Presidential directives. The approach EPA followed to consult with 
affected Tribes in Region 10 in the development of these rules is 
consistent with EPA's National Indian Policy, Executive Order 13175 
``Consultation and Coordination with Indian Tribal Governments,'' 65 FR 
67249 (November 6, 2000), and other Federal policies on Tribal 
consultation that require EPA to develop an accountable process to 
ensure meaningful and timely input by Tribal officials in the 
development of regulatory policies that have Tribal implications.
    Moreover, as discussed above, EPA also provided State and local air 
agencies an opportunity to review and comment on a complete draft. When 
we issued the proposed rules, EPA published many notices of the public 
comment opportunity and offered to hold a public hearing if requested. 
When we decided to reopen the comment period, we gave widespread notice 
of the additional time and of the scheduled public hearing. The fact 
that many citizens and Tribal, State, and local governments were aware 
of the proposal, submitted written comments, and attended the public 
hearing demonstrates the effectiveness of the notice provided. The 
public participation process EPA used here is consistent with EPA's 
Public Involvement Policy, that by its terms is designed merely to 
guide the Agency's efforts. EPA also has fully complied with all 
Executive Orders applicable to this rulemaking. In the proposal, EPA 
specifically evaluated Executive Order 13132, Federalism, concluding 
that it did not apply to the proposed rules because they will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. These 
rules only prescribe regulations for facilities in areas where a State 
does not administer an approved CAA program, and thus do not have any 
direct effect on any State. Moreover, it does not alter the 
relationship or the distribution of power and responsibilities 
established in the CAA. Thus, Executive Order 13132 does not apply to 
this rulemaking. In summary, EPA believes that we have met all 
requirements for public participation applicable to this rulemaking.
    With regard to NEPA, Congress passed the Energy Supply and 
Environmental Coordination Act in 1974, which exempts all actions under 
the CAA from NEPA.

F. Implementation of the Rules

    Commenters from Tribes, States, and local air agencies generally 
supported the FARR and encouraged EPA to finalize the rules. A number 
of commenters asked how EPA is planning to implement the FARR on the 39 
Indian reservations, and requested more information about the resource 
needs, timeframe, and scope of Federal implementation of the rules, and 
how Tribes will be involved in the implementation. Commenters with 
concerns about enforcement of the rules asked how EPA is going to 
ensure compliance. Other commenters had specific suggestions for 
revising the proposed rules so as to minimize the burden on the 
regulated businesses.
    EPA Response: EPA has developed an Implementation Framework as a 
first step toward describing our overall approach to FARR 
implementation. The Implementation Framework, which is a working draft 
subject to further changes and refinement, is intended to give a 
general sense of EPA's approach to the implementation of each section 
of the FARR; how EPA intends to align resources with implementation 
needs; and the ways in which EPA will involve Tribes in FARR 
implementation. This document, ``Framework for Implementation of the 
FARR'' is available in the docket.
    The level of effort needed for EPA's implementation planning and 
response will vary among different parts of the FARR. EPA has 
experience in the areas of permitting, compliance monitoring, complaint 
response, and enforcement in Indian country, so refining these programs 
to include full implementation of the FARR should be relatively 
straightforward. For elements such as a source registration system, a 
burn permit program, or monitoring air pollution episodes, much more 
work will be needed to develop the programs and integrate them into 
EPA's ongoing work. As EPA develops experience in implementing these 
rules, we expect that such experience will lead to refinements in our 
implementation approach and, possibly, to proposals for rule changes.
1. Compliance Dates
    The effective date of the final rules is June 7, 2005. Air 
pollution sources within the exterior boundaries of an Indian 
reservation in Idaho, Oregon, or Washington, as set forth in 40 CFR 
part 49, subpart M, will be required to comply with the requirements in 
the final rules beginning on the effective date. A few of the rules 
require sources to take specific actions by certain dates, and these 
``implementation dates'' are also clearly identified in the final 
rules. For example, the registration rule at Sec.  49.138 requires 
existing sources (except for those exempted) to submit an initial 
registration by February 15, 2007; the burn permit rules at Sec.  
49.132, Sec.  49.133, and Sec.  49.134 require people who want to burn 
on the Nez Perce Reservation to apply for a permit beginning on the 
effective date of the FARR; and the burn permit rules at Sec.  49.132, 
Sec.  49.133, and Sec.  49.134 require those who want to burn on the 
Umatilla Indian Reservation to apply for a permit beginning on January 
1, 2007.
2. Resources
    As noted above, a number of commenters urged EPA to provide 
sufficient resources for implementation activities, such as responding 
to complaints and taking enforcement actions where there are violations 
of the rules. Tribes also encouraged EPA to continue to support 
capacity-building by Tribes for Tribal air programs and to provide 
adequate resources so the Tribes can assist EPA in administering the 
rules.
    As we stated when proposing these rules, EPA is issuing regulations 
that it believes it has the resources to

[[Page 18083]]

implement and enforce. Over the near term, EPA does not anticipate 
adding significant new resources, either for EPA or for the Tribes, for 
implementation of the FARR, although EPA expects to shift some existing 
resources to respond to the FARR workload. Since EPA is committed to 
continue funding Tribes to build their capacity for air quality 
matters, EPA Region 10 will seek additional national and regional 
resources as needed or appropriate to support Tribes and to further 
this innovative regional initiative.
    To the extent practicable, these regulations minimize the 
implementation burdens upon EPA and the regulated community while 
establishing requirements that are unambiguous and enforceable. EPA is 
making a number of changes to the final rules to this end, such as 
phasing in the implementation of the open burning rule at Sec.  49.131 
and the burn permits programs at Sec. Sec.  49.132-49.134, and 
exempting de minimis sources from the registration rule at Sec.  
49.138. For a more detailed discussion of these rule changes, see 
section III of this document. The ``phasing in'' of requirements for 
different elements of the FARR will help EPA spread out the 
implementation work and prioritize our resources for implementation.
    EPA is phasing in the open burning rule at Sec.  49.131 by focusing 
on outreach and education in the initial stages of implementation, as 
discussed further below. EPA is also using a phased approach to 
establish burn permit programs for agricultural burning, forestry 
burning, and open burning on the Nez Perce Reservation and the Umatilla 
Indian Reservation. EPA is first starting the burning permit programs 
on the Nez Perce Reservation, where EPA and the Tribe have been 
operating under an intergovernmental agreement with the Idaho 
Department of Environmental Quality and the Idaho State Department of 
Agriculture to manage agricultural field burning in the Clearwater 
Airshed. For the Nez Perce Reservation, anyone who wants to conduct 
agricultural, forestry, or open burning after the effective date of the 
FARR must apply for and obtain a permit. For the Umatilla Indian 
Reservation, anyone who wants to conduct agricultural, forestry, or 
open burning after January 1, 2007 must apply for and obtain a permit. 
These dates will provide time for EPA and the Tribes to develop burning 
permit programs.
    EPA also is limiting the burden on regulated sources and itself by 
exempting sources with relatively insignificant emissions from 
registration and emissions reporting requirements under the 
registration rule at Sec.  49.138. Examples of exempted sources include 
air pollution sources that do not have the potential to emit more than 
two tons per year of any air pollutant, single family residences, small 
boilers and heaters used for space heating, and open burning. EPA 
believes that an accurate inventory of sources and emissions can be 
assembled for purposes of air quality management without requiring 
sources with small or de minimis emission levels to register.
3. Outreach and Education
    One of the most important aspects of implementation of the FARR 
will be outreach to affected communities. EPA is developing a 
comprehensive outreach strategy that includes plans to adequately 
educate people and sources affected by the FARR. EPA will provide 
appropriate information to each sector (e.g., citizens, Tribal 
governments and air quality staff, and source owners and operators) so 
that they understand what the rules require of them. The outreach 
strategy will also address timing for delivery of outreach and the 
resources available to provide adequate outreach. EPA intends to 
involve stakeholders in the development of outreach plans so the 
materials created will be effective and culturally-sensitive for both 
Tribal members and non-Tribal members living on the reservations.
    EPA expects that the air pollution episode rule at Sec.  49.137 
(see below) and the open burning rule at Sec.  49.131 will require the 
most outreach resources. Through outreach and education, it is EPA's 
goal to eliminate open burning disposal practices where alternative 
methods are feasible and practicable, to encourage the development of 
alternative disposal methods, to emphasize resource recovery, and to 
encourage utilization of the highest and best practicable burning 
methods to minimize emissions where other disposal practices are not 
feasible. In addition to communicating the threats to human health that 
can result from improper use of burn barrels and residential waste 
burning in general, we will communicate the requirements of the rule, 
including what can and cannot be burned.
    Implementation of the open burning rule as it relates to 
residential activities will pose unique challenges in assuring 
compliance. EPA recognizes that removing the exemption for burning 
combustible household wastes in burn barrels from the final rule may 
mean that some reservation residents who dispose of household wastes by 
burning may not be in compliance with the rule. EPA anticipates the 
need to work with Tribes to design and implement effective outreach and 
education, design and implement complaint tracking and response 
programs, and work cooperatively with solid waste programs to address 
alternatives to burning.
    As with the other rules being published today, EPA's initial focus 
on compliance assurance work will be in the form of outreach efforts to 
inform affected individuals and organizations of the new rules. We 
intend to work with Tribal governments and other stakeholders, such as 
local governments, to identify alternatives to open burning, and expect 
to use a variety of tools to monitor and respond to violations of the 
general open burning rule. EPA will prioritize which reservations 
receive the outreach and education resources first based on many 
factors, including the severity of the problem to be addressed and 
overall outreach prioritization. EPA will also give priority to the 
reservations where the Tribes are interested and able to assist with 
implementation of this rule.
    EPA also plans to provide an information point of contact, such as 
a toll-free telephone number, to answer questions, provide forms, and 
provide other FARR-related information. EPA will also have information 
available on the EPA Region 10 website at http://www.epa.gov/r10earth/FARR.htm.
4. Compliance Assurance
    EPA anticipates its compliance assurance and enforcement policies 
will be similar to response policies currently used by State and local 
air agencies in Region 10 for similar types of violations, but with the 
additional use of the Region 10 Enforcement Procedures in Indian 
Country (available in the final rule docket).
    EPA defines ``compliance assurance'' broadly to include compliance 
assistance, compliance incentives, compliance monitoring, and 
enforcement response. The FARR compliance assurance program will 
include all four elements. Compliance assistance is closely linked to 
the overall outreach effort so that the regulated community understands 
the new rules and what they must do to comply. Compliance monitoring 
includes a wide range of activities to evaluate and determine 
compliance such as on-site inspections and review of records, 
monitoring results, and other information about, or from, regulated 
sources. Compliance incentives will be guided by EPA's Audit Policy and 
Small Business Policy. Enforcement response to violations generally 
takes a variety of forms depending on the nature of the

[[Page 18084]]

compliance issue and the relative priority for EPA response.
    As a general approach, EPA will focus initially on compliance 
monitoring and enforcement for regulated industrial sources. Priority 
will be given to facilities that meet the definition of ``major 
facility'' or that are non-major stationary sources of interest to EPA 
due to their pollution potential.
    To implement the compliance assurance program, we will use EPA 
staff and, where available, staff of the Tribal government for that 
reservation. EPA may also use other resources, such as a ``circuit 
rider'' to assist EPA in the field by making regular visits to conduct 
specific oversight or provide technical assistance to Tribes. Although 
such arrangements to assist EPA may be in the form of contracts, EPA 
also will look for opportunities to promote Tribal participation 
through formal agreements such as partial delegations or Direct 
Implementation Tribal Cooperative Agreements (DITCAs), and through 
work-sharing and collaboration where there is no formal delegation 
(e.g., EPA may request that a Tribe conduct fact finding in response to 
complaints or make opacity readings) as discussed below.
5. Partial Delegation Agreements
    EPA anticipates that it will establish delegation agreements with 
Tribes in order to best use limited resources for implementing the FARR 
on 39 Indian reservations. The FARR authorizes a partial delegation of 
administrative authority to a Tribal government for the purpose of 
assisting EPA in administering one or more of the Federal rules. Under 
Sec.  49.122, EPA may delegate administration of distinct and severable 
Federal regulations to a qualified Tribe, without requiring a Tribe to 
administer all aspects of the FARR. While a Tribe may be delegated 
administrative authority for the Federal rules, EPA will maintain sole 
authority to enforce the FARR.
    EPA is developing standard procedures for negotiating delegation 
agreements. Procedures will cover eligibility criteria, timing and 
mechanisms for delegation, requirements for documentation of 
eligibility, opportunities for input on the delegation agreement, and 
monitoring of performance under the agreement.
    Although the partial delegation rule provides a process for EPA to 
formally delegate administration of one or more of the FARR 
requirements to a Tribe, Tribes can provide substantial assistance to 
EPA without a delegation agreement. For example, pursuant to a grant 
under section 103 of the CAA, Tribal air staff could distribute 
information packets to regulated sources, coordinate Tribal air and 
solid waste alternatives to burning, or otherwise serve as EPA's on-
scene assistant for implementation of the rules. Where an official 
partial delegation agreement is not yet in effect, EPA will explore the 
use of Memoranda of Agreement, grants, cooperative agreements, and 
other forms of agreement to document understandings about respective 
roles and responsibilities for such tasks.
    Experience involved in implementing the FARR will help EPA and the 
Tribes identify which rules are most appropriate for delegation to 
Tribes. It will also help to identify the most efficient mechanisms to 
provide needed financial support for Tribal assistance. Because 
assisting with the FARR will build Tribal capacity to adopt Tribal air 
quality regulations, it will serve as a logical step in moving the 
Tribes toward development of their own TIPs. Several Tribes have 
expressed an interest in assuming delegation of administrative 
authority for one or more provisions of the FARR. Others have indicated 
that they wish to help in other ways.
    These partial delegation agreements would authorize a Tribal 
government to administer specific functions of the FARR rules, with 
Tribal government employees acting as authorized representatives of 
EPA. EPA and the delegated Tribe would, as appropriate, establish 
mechanisms to fund the work by Tribal staff, that may include Federal 
funding assistance through cooperative agreements and grants, and/or 
user fees and charges established by the Tribe to fund its 
administrative activities on behalf of EPA. Under a delegation 
agreement, the Tribe would be authorized to administer one or more of 
the rules, with the oversight of EPA staff. Any challenges to an action 
will be handled directly by EPA, and any formal appeals or enforcement 
actions will proceed under EPA's administrative and civil judicial 
procedures. For more discussion on delegation, please see section II.D 
of this document.
6. Burn Bans
    Implementing the general rule for open burning (Sec.  49.131) and 
the rule for air pollution episodes (Sec.  49.137) will require 
significant EPA coordination with local partners to inform individuals 
living on reservations of poor air quality episodes and the mandatory 
burn bans that accompany such episodes. Under the FARR, the Regional 
Administrator may issue an air stagnation advisory when meteorological 
conditions are conducive to the buildup of air pollution. An air 
pollution alert, air pollution warning, or air pollution emergency may 
be declared by the Regional Administrator whenever it is determined 
that the accumulation of air pollutants in any place is approaching, or 
has reached, levels that could lead to a threat to human health. Burn 
bans may also be declared whenever particulate matter levels exceed, or 
are expected to exceed, 75% of any NAAQS for particulate matter, and 
these levels are projected to continue or reoccur over at least the 
next 24 hours.
    State and local air agencies in Region 10 currently declare burn 
bans and issue air stagnation advisories, alerts, warnings, and 
emergencies for areas within their jurisdiction, including areas 
adjacent to or surrounding the reservations. Prior to implementing the 
FARR, EPA will establish a protocol with these State and local air 
agencies for coordination of burn bans and air quality announcements. 
When a State or local air agency declares a burn ban or an air 
pollution episode, EPA will determine if similar conditions also exist 
within any reservations. To determine if similar conditions exist 
within a reservation, EPA will consider existing air quality as 
measured by air quality monitors determined to be representative of air 
quality on each reservation. Once EPA determines that it is appropriate 
to declare a burn ban and/or an air pollution episode on a reservation, 
EPA will take appropriate steps to communicate this information to the 
residents of the affected reservation.
    Initially, EPA's implementation of the burn ban provisions and the 
air pollution episode rule will rely largely on air quality data being 
collected at existing air monitors operated by State and local air 
agencies. Over time, and as resources permit, an increase in continuous 
air monitors located on reservations would provide additional air 
quality data that EPA would consider prior to declaring burn bans or 
air pollution episodes for reservations. Reservations that would be 
candidates for additional continuous monitors are those where the 
existing State and local monitoring networks may not adequately 
characterize the air quality on the reservations and where elevated 
levels of pollution could be expected to occur.
7. Part 71 Permits
    40 CFR part 71 authorizes the Agency to administer a Federal 
operating permit program in areas without an approved

[[Page 18085]]

permitting program under 40 CFR part 70 (40 CFR part 71). Promulgation 
of the FARR will compel ``reopening for cause'' of the part 71 air 
operating permits that EPA has already issued on the covered 
reservations to include FARR requirements.\5\ The procedures for re-
issuing such a permit are the same as for issuing initial and renewed 
permits. Because some permits will have less than three years remaining 
on their terms, they will not need to be reopened when the FARR becomes 
effective, but will be updated when their term naturally expires. The 
FARR requirements are effective for part 71 sources upon the effective 
date of this rulemaking even though the requirements may not yet be 
incorporated in the part 71 permit.
---------------------------------------------------------------------------

    \5\ As previously state in section II.A, although the authority 
for EPA to establish these Federal rules for Indian reservations 
comes primarily from section 301(d) of the CAA, the Agency has 
looked to all of its CAA authorities in issuing these FIPs. EPA also 
made clear that it is issuing these FIPs primarily as a first step 
in meeting the goals of section 110(a) of the CAA. See 67 FR 11749. 
It is EPA's position that the requirements of these FIPs are 
``standards or other requirements provided for in the applicable 
implementation plan approved or promulgated by EPA through 
rulemaking under Title I of the Act that implement the relevant 
requirements of the Act'' and thus are ``applicable requirements'' 
as defined in 40 CFR 70.2 and 71.2. As such, the requirements of 
these FIPs must be included in Title V air operating permits issued 
to Title V sources subject to these FIPs.
---------------------------------------------------------------------------

    For part 71 sources, adding the FARR requirements will fill 
important gaps in the permits such as limits for visible emissions, 
particulate matter, sulfur dioxide, etc. To speed up and simplify the 
process, EPA may use a single notice and comment opportunity for 
multiple permits.

G. Applicability of the Rules to Specific Source Categories

    EPA received numerous comments on the proposed emission 
limitations, permitting provisions and other control measures. Comments 
were submitted by State and local air authorities, Tribes, industries, 
farmers, other governmental agencies, and the general public. EPA is 
making a number of revisions to the proposed rules as a result of these 
comments. These revisions are described later in this preamble in the 
section titled ``Summary of the Final Rules and Significant Changes 
from the March 2002 Proposal.'' A complete summary of the comments on 
each rule, and EPA's response to those comments, is included in the 
``Response to Comment'' document, which is available in the docket.
    The most frequent type of comments, which were submitted by many 
different parties, involved the categories of air pollution sources 
that EPA proposed to exempt from each of the various rules. Some 
commenters asked for more source categories to be exempted while other 
commenters requested that certain exemptions be removed from the 
proposed rules. In response to these comments, EPA is making only minor 
changes to the exemptions for the various rules. In some instances, EPA 
agreed with the commenter that the rule was not appropriate for 
application to a suggested source category and is adding that category 
to the exemptions. In most cases, EPA disagreed with the commenter and 
is retaining the exemptions as proposed.
    We recognize that some of these exempted source categories may have 
the potential to be areas of concern and may be regulated in other 
areas of the Region. We do not have sufficient information at this 
time, however, to determine that they are a problem in need of 
regulation on the 39 Indian reservations in Idaho, Oregon, and 
Washington. This rulemaking is a first step to fill the regulatory gap 
on Indian reservations in Idaho, Oregon, and Washington. As we have 
noted elsewhere, in the future we may promulgate additional rules if we 
determine the rules are necessary or appropriate.
    Finally, EPA notes that Sec.  49.135 provides regulatory authority 
to address specific air quality problems associated with any air 
pollution source, even those exempted from particular emission 
standards. While sources such as single family residences, agricultural 
activities, and public roads are exempted from certain rules, should 
EPA determine that further controls are needed pursuant to Sec.  
49.135, EPA may establish a source-specific requirement if such would 
be appropriate.

III. Summary of the Final Rules and Significant Changes From the March 
2002 Proposal

    EPA believes that in light of the particular air quality problems 
generally present on reservations in the Pacific Northwest, it is 
appropriate to establish the air quality rules for each reservation 
that are adopted today. These rules will regulate activities, 
pollutants, and sources by supplementing the existing Federal 
regulatory requirements such as the PSD, NESHAP, and NSPS rules. 
Today's rules will provide additional regulatory tools for EPA to use 
to implement the CAA on Indian reservations and help to fill the 
current regulatory gap that exists in controlling important sources of 
air pollution on Indian reservations in Idaho, Oregon and Washington.
    The FIPs for each reservation include a number of basic provisions 
to establish the infrastructure of a CAA regulatory program. The basic 
FIP rules that will apply on all 39 reservations include Sec.  49.123 
General provisions; Sec.  49.124 Rule for limiting visible emissions; 
Sec.  49.125 Rule for limiting the emissions of particulate matter; 
Sec.  49.126 Rule for limiting fugitive particulate matter emissions; 
Sec.  49.129 Rule for limiting emissions of sulfur dioxide; Sec.  
49.130 Rule for limiting sulfur in fuels; Sec.  49.131 General rule for 
open burning; Sec.  49.135 Rule for emissions detrimental to public 
health or welfare; Sec.  49.137 Rule for air pollution episodes; Sec.  
49.138 Rule for the registration of air pollution sources and the 
reporting of emissions; and Sec.  49.139 Rule for non-Title V operating 
permits.
    Also, EPA is establishing certain additional rules for specific 
reservations where EPA has determined, in consultation with the 
relevant Tribe, that such additional regulatory measures are 
appropriate. During the course of its consultation with Tribes and 
analysis of regulatory needs, EPA found, for example, certain types of 
wood products industries, or certain practices of agricultural or 
forestry burning, were prevalent on particular reservations and could 
be important contributors to air pollution concerns. Therefore, in 
close consultation with specific Tribes, EPA is promulgating additional 
rules for three Indian reservations, including Sec.  49.127 Rule for 
woodwaste burners on the Colville and Nez Perce Indian Reservations; 
Sec.  49.128 Rule for limiting particulate matter emissions from wood 
products industry sources on the Colville and Nez Perce Indian 
Reservations; Sec.  49.132 Rule for general open burning permits on the 
Nez Perce and Umatilla Indian Reservations; Sec.  49.133 Rule for 
agricultural burning permits on the Nez Perce and Umatilla Indian 
Reservations; and Sec.  49.134 Rule for forestry and silvicultural 
burning permits on the Nez Perce and Umatilla Indian Reservations.
    EPA proposed that Sec.  49.136 Rule for emissions detrimental to 
persons, property, cultural or traditional resources would apply on two 
reservations, the Nez Perce Reservation and the Umatilla Indian 
Reservation and Sec.  49.135 Rule for emissions detrimental to public 
health or welfare would apply on all other reservations in Idaho, 
Oregon, and Washington. Because EPA is not finalizing Sec.  49.136 at 
this time, we are promulgating Sec.  49.135 for the Nez Perce and 
Umatilla Indian Reservations

[[Page 18086]]

in place of Sec.  49.136, as described in the proposal. See 67 FR 
11751.
    In developing these regulations, EPA also had two other objectives 
in mind, in addition to filling the regulatory gap. First, EPA is 
issuing regulations for which it has the technical capability and 
adequate resources to implement and enforce them. As described above, 
EPA is developing an Implementation Framework to guide how EPA and the 
affected Tribes will implement the rules on each reservation. To the 
extent practicable, these regulations minimize the implementation 
burdens upon EPA and the regulated community while establishing 
requirements that are unambiguous and enforceable. EPA is changing the 
final rules to this end, such as exempting de minimis sources from the 
registration rule at Sec.  49.138.
    Second, EPA anticipates that these regulations can serve as models 
for Tribes as they develop their own air quality programs. EPA will 
continue to encourage Tribes to develop individual TIPs and will work 
with Tribes seeking to replace these rules with TIPs. These FIPs will 
apply until they are replaced by Tribal regulations in an approved TIP.
    The following paragraphs summarize each of the rules that are made 
final today and any significant revisions to the rules that EPA 
proposed. Some of the changes to the rules are discussed above in the 
section on the major issues raised by commenters. Other significant 
changes to the rules are discussed below. A more detailed discussion of 
rule revisions made in response to public comments can be found in the 
Response to Comments document. The actual rule requirements will be 
published in 40 CFR part 49, subpart C.
    Changes that affect several sections. Since the time that this 
rulemaking was proposed, the new PM2.5 NAAQS have become effective, and 
therefore, the FARR is revised to recognize that there are now 
particulate matter ambient air quality standards for both PM10 and 
PM2.5. EPA is revising the final rules to include a definition of PM2.5 
and to revise the definition of particulate matter to include PM2.5. 
These changes to the rules have no effect upon the emission limitations 
established here, but acknowledge that the emission limitations will 
control both PM10 and PM2.5. EPA is not adding specific PM2.5 levels to 
Sec.  49.137, Rule for air pollution episodes, at this time. After EPA 
revises part 51 to establish episode levels for PM2.5, EPA Region 10 
will revise this rule accordingly. The list of pollutants to be 
reported under Sec.  49.138, Rule for the registration of air pollution 
sources and the reporting of emissions, is revised to include PM2.5, 
which is consistent with the new emissions inventory reporting 
requirements at 40 CFR part 51, subpart A.
    In response to comments, EPA is removing several paragraphs (Sec.  
49.124(e)(3), Sec.  49.125(e)(2), Sec.  49.127(d)(2), Sec.  
49.128(d)(2), and Sec.  49.129(e)(3)) from the final rules that state 
that these rules do not require any person to conduct a source test 
unless specifically required by the Regional Administrator in a permit 
to construct or a permit to operate. While EPA does not agree with the 
commenter that these statements would limit EPA's authority to obtain 
emission information, we do agree that they are unnecessary and 
possibly confusing. Though EPA is removing this language from the 
rules, it does not change the fact that the FARR, in and of itself, 
does not require sources to conduct a source test, but that a source 
test may be required through other means (permit to construct, permit 
to operate, order under section 114, etc).
    Section 49.122--Partial delegation of administrative authority to a 
Tribe. Section 49.122 establishes a process for EPA to delegate to a 
Tribal government the authority to assist EPA in administering one or 
more of the Federal rules that have been promulgated for the Tribe's 
reservation. This provision sets out the process a Tribe must follow to 
request a partial delegation, how that delegation will be accomplished, 
and how the public and regulated sources will be informed of the 
delegation. This provision allows EPA to delegate distinct and 
severable Federal regulations to a qualified Tribe for implementation, 
without requiring a Tribe to take on all aspects of the Federal air 
regulations. Nothing in these rules requires EPA to delegate 
administrative authorities to Tribes. As a delegated Federal program, 
any Federal requirement administered by a delegated Tribe is subject to 
EPA enforcement and EPA formal appeal procedures, not the Tribe's, 
under Federal law. Under a partial delegation agreement, EPA would 
authorize a Tribal government to administer specific functions of one 
or more of the FARR rules, with Tribal government employees acting as 
authorized representatives of EPA and with the oversight of EPA staff. 
Any challenges to an action will be handled directly by EPA, and any 
formal appeals or enforcement actions will proceed under EPA's 
administrative and civil judicial procedures.
    The final rule modifies the proposal in several ways. This section 
is retitled Partial delegation of administrative authority to a Tribe 
to clarify that EPA will not be delegating enforcement authority to a 
Tribe under this provision. The final rule also explicitly states that 
the rules covered by a delegation agreement would be enforced by EPA. 
The rule is also revised to clarify that a Tribe must show that it will 
have both adequate resources and the technical capability to administer 
the delegated rule(s). Finally, to provide more participation in the 
development of delegation agreements, the rule provides that, prior to 
finalizing a partial delegation agreement with a Tribe, EPA will 
consult with appropriate governmental entities outside of the 
reservation and city and county governments located within the 
boundaries of the reservation.
    Section 49.123--General provisions. This section includes 
definitions of the terms used in these rules, as well as general 
provisions regarding requirements for emission testing, monitoring, 
recordkeeping, reporting, the use of credible evidence in compliance 
certifications and for establishing violations, and the incorporation 
by reference of ASTM methods referenced in this rulemaking. Each 
section in these rules contains a paragraph that lists the defined 
terms used in that section. Note that these lists include terms used 
directly in the section and also terms used within the definitions of 
those terms.
    This section is revised by adding definitions of some terms, 
deleting definitions of terms that are no longer used in the rules, and 
amending definitions of some terms. Specifically, definitions of the 
terms ``forestry or silvicultural activities,'' ``part 71 source,'' 
``PM2.5,'' ``smudge pot,'' and ``source'' are added; the definitions of 
the terms ``burn barrel'' and ``combustible household waste'' are 
deleted; and the definitions of the terms ``actual emissions,'' ``air 
pollution source,'' ``emission factor,'' ``Federally enforceable,'' and 
``particulate matter'' are amended to make them more understandable. 
Editorial changes are made to a number of other definitions to make 
them internally consistent or consistent with other EPA rules, such as, 
the new emission inventory reporting requirements at 40 CFR part 51, 
subpart A. Most of the substantive changes are made in direct response 
to public comments. The addition of the definitions of the terms 
``PM2.5'' and ``source'' and the amendments to the terms ``air 
pollution source'' and ``particulate matter'' resulted from changes EPA 
made to improve the final rules.
    Also note that the final rules are updated to incorporate by 
reference the

[[Page 18087]]

latest versions of the ASTM methods that are used in these rules.
    Section 49.124--Visible emissions. Section 49.124 establishes that 
visible emissions from air pollution sources may not exceed 20% 
opacity, averaged over six consecutive minutes, as measured by EPA 
Method 9. This section does not apply to certain sources, such as: Open 
burning; agricultural activities; forestry and silvicultural 
activities; non-commercial smoke houses; sweat houses or lodges; smudge 
pots; furnaces and boilers used exclusively to heat residential 
buildings with four or fewer units; fugitive dust from public roads 
owned or maintained by any Federal, Tribal, State, or local government; 
and fuel combustion in mobile sources. The visible emissions from an 
oil-fired boiler or solid fuel-fired boiler that continuously measures 
opacity with a continuous opacity monitoring system (COMS) may exceed 
the 20% opacity limit during start-up, soot-blowing, and grate-cleaning 
for a single period of up to 15 consecutive minutes in any eight 
consecutive hours, but must not exceed 60% opacity at any time.
    The final rule is revised in response to public comments to clarify 
that this section does not apply to forestry and silvicultural 
activities.
    Section 49.125--Particulate matter. This section establishes that 
particulate matter emissions from combustion sources (except for wood-
fired boilers), process sources, and other sources may not exceed an 
average of 0.23 grams per dry standard cubic meter (0.1 grains per dry 
standard cubic foot), corrected to seven percent oxygen (for combustion 
sources), during any three-hour period. Particulate matter emissions 
from wood-fired boilers must be limited to an average of 0.46 grams per 
dry standard cubic meter (0.2 grains per dry standard cubic foot), 
corrected to seven percent oxygen, during any three-hour period. 
Exempted from this section are woodwaste burners, furnaces, and boilers 
used exclusively for space heating with a rated heat input capacity of 
less than 400,000 British thermal units (Btu) per hour, non-commercial 
smoke houses, sweat houses or lodges, open burning, and mobile sources.
    The final rule is revised in response to public comments to clarify 
that the particulate matter emission limitations do not apply to open 
burning. The final rule is also revised to clarify that the limitations 
apply to stacks that can be tested using the reference test method at 
any combustion source, process source, or other source.
    Section 49.126--Fugitive particulate matter. This section requires 
the owner or operator of any source of fugitive particulate matter 
emissions to take all reasonable precautions to prevent fugitive 
particulate matter emissions and to maintain and operate the source to 
minimize these emissions. A person subject to this section is required 
to annually survey the air pollution source to determine if there are 
sources of fugitive particulate matter emissions, determine and 
document in a written plan the reasonable precautions that will be 
taken to prevent fugitive particulate matter emissions, including 
appropriate monitoring and recordkeeping, and then implement the plan. 
For new sources and new operations, including those at an existing air 
pollution source, a survey must be conducted within thirty days after 
commencing operation. For construction and demolition activities, the 
written plan must be prepared prior to commencing construction or 
modification. This section does not apply to open burning, agricultural 
activities, forestry and silvicultural activities, sweat houses or 
lodges, non-commercial smoke houses, public roads owned or maintained 
by any Federal, Tribal, State, or local government, or activities 
associated with single-family residences or residential buildings with 
four or fewer dwelling units.
    The final rule is revised in response to public comments to clarify 
that the requirements for taking all reasonable precautions to prevent 
fugitive emissions do not apply to open burning, forestry and 
silvicultural activities, sweat houses or lodges, and non-commercial 
smoke houses. The rule is also revised to reduce the burden by 
requiring an annual survey, with new surveys conducted when a new 
source or new operation commences operation, instead of quarterly and 
weekly surveys. EPA is also revising the rule so that construction and 
demolition activities will no longer have to perform weekly surveys, 
but will prepare a written dust control plan prior to commencing 
construction or demolition and will only do a survey if the work lasts 
for more than 30 days. Finally, the provision requiring owners or 
operators to consider the environmental implications of any particular 
fugitive emissions control measure is deleted from the final rule, but 
EPA continues to encourage owners or operators to take such effects 
into account when choosing the approach to complying with this section.
    Section 49.127--Woodwaste burners. On the Colville Indian 
Reservation and the Nez Perce Reservation, EPA is promulgating Sec.  
49.127 which phases out the operation of woodwaste burners (commonly 
known as wigwam or teepee burners). Until existing woodwaste burners 
are dismantled, visible emissions from a woodwaste burner may not 
exceed 20% opacity, averaged over six consecutive minutes, as measured 
by EPA Method 9, and only wood waste generated on-site can be burned or 
disposed of in the woodwaste burner. The owner or operator of a 
woodwaste burner, including woodwaste burners that are not currently 
being used, must submit a plan for shutting down the woodwaste burner 
to EPA within 180 days after the effective date of this rule and must 
shut down and dismantle the woodwaste burner by no later than two years 
after the effective date of this rule. Sources may apply to EPA for an 
extension of the two-year deadline if there is no reasonably available 
alternative method of disposal for the wood waste.
    The final rule is revised in response to public comments to clarify 
that the requirement to dismantle woodwaste burners applies to all 
existing woodwaste burners regardless of whether or not such burners 
are currently operating. The effect of this rule is that by two years 
after the effective date of the rule, no woodwaste burner will still be 
operational unless an extension of the two-year deadline has been 
granted by the Regional Administrator.
    Section 49.128--Particulate matter emissions from wood products 
industry sources. On the Colville Indian Reservation and the Nez Perce 
Reservation, EPA is promulgating Sec.  49.128 that applies to any 
person who owns or operates any of the following wood products industry 
sources: veneer manufacturing operations, plywood manufacturing 
operations, particleboard manufacturing operations, or hardboard 
manufacturing operations. This section imposes limits on the amount of 
PM10 that can be emitted from such sources, in addition to the 
particulate matter limits for combustion and process sources in Sec.  
49.125.
    The final rule is revised to clarify that the particulate matter 
emission limits are for the PM10 fraction and to clarify the reference 
method for determining compliance by indicating that Method 201A is to 
be used in conjunction with Method 202 to measure the total PM10 
emitted by the affected sources. Method 202 is intended to be used in 
conjunction with either Method 201 or 201A to measure total PM10 
emissions from a source with significant condensible particulate 
emissions.
    Section 49.129--Sulfur dioxide. This section restricts sulfur 
dioxide emissions from combustion sources,

[[Page 18088]]

process sources, and other sources to no more than an average of 500 
parts per million by volume, on a dry basis, corrected to seven percent 
oxygen (for combustion sources), during any three-hour period. Furnaces 
and boilers used exclusively for space heating with a rated heat input 
capacity of less than 400,000 Btu per hour and mobile sources are 
exempt from this section.
    The final rule is revised in response to public comment to clarify 
that the sulfur dioxide emission limitations apply only to stacks that 
can be tested using the reference test method.
    Section 49.130--Sulfur content of fuels. This section applies to 
any person who sells, distributes, uses, or makes available for use, 
any fuel oil, liquid fuel, coal, solid fuel, or gaseous fuel on Indian 
reservations. This section restricts the sulfur content of those types 
of fuels. Gasoline and diesel fuels, such as automotive or marine 
diesel fuel, regulated by EPA under 40 CFR Part 80, are exempt from 
this section. A person subject to this section must demonstrate 
compliance through recordkeeping and/or continuous monitoring or 
sampling. The owner or occupant of a single-family residence and the 
owner or manager of a residential building with four or fewer units is 
not subject to the sulfur content recordkeeping requirements if the 
furnace fuel is purchased from a licensed fuel distributor.
    The final rule is revised to clarify that the sulfur limit for fuel 
oils applies to all liquid fuels. The exemption for mobile source fuels 
is revised in response to public comment to remove the requirement that 
the fuels actually be used in a mobile source. The effect of this 
change is that mobile source fuels regulated by EPA under 40 CFR Part 
80 are entirely exempt from this section. The rule is also revised in 
response to public comment to exempt sources from the requirement to 
obtain, record, and keep records of the sulfur content when combusting 
only wood. As with the exemption for sources that combust only 
purchased natural gas, the source must keep records showing that only 
wood was burned. Sources that combust a combination of wood and other 
solid, liquid, or gaseous fuels must obtain, record, and keep records 
of all of the fuels combusted. Finally, the provision for continuously 
monitoring fuel gas sulfur content is revised to allow for the use of 
additional methods that are more appropriate for different fuel gases.
    Section 49.131--Open burning. This section prohibits certain 
materials from being openly burned and describes the practices a person 
subject to this section must follow in conducting an open burn. Under 
this section, a number of materials may not be openly burned, such as: 
garbage, dead animals, junked motor vehicles, tires or rubber 
materials, plastics, plastic products, styrofoam, asphalt or 
composition roofing, tar, tarpaper, petroleum products, paints, paper 
or cardboard other than what is necessary to start a fire or that is 
generated at a single-family residence or residential building with 
four or fewer dwelling units and is burned at the residential site, 
lumber or timbers treated with preservatives, construction debris or 
demolition waste, pesticides, herbicides, batteries, light bulbs, 
hazardous wastes, or any material other than natural vegetation that 
normally emits dense smoke or noxious fumes when burned (see actual 
rule language for a complete list). The following situations are 
generally exempted from this section: fires set for cultural or 
traditional purposes, including fires within structures such as sweat 
houses or lodges; fires set for recreational purposes, provided that no 
prohibited materials are burned; with prior permission from the 
Regional Administrator, open outdoor fires used by qualified personnel 
to train firefighters in the methods of fire suppression and fire-
fighting techniques, provided that these fires are not allowed to 
smolder after the training session has terminated; with prior 
permission from the Regional Administrator, one open outdoor fire each 
year to dispose of fireworks and associated packaging materials; and 
open burning for the disposal of diseased animals or other material by 
order of a public health official. All open burning, except for 
cultural and traditional purposes, is prohibited if the Regional 
Administrator declares a burn ban due to deteriorating air quality or 
the Regional Administrator issues an air stagnation advisory or 
declares an air pollution alert, air pollution warning, or air 
pollution emergency.
    In response to public comment, the final rule is revised to remove 
the exemption for burning combustible household wastes in burn barrels 
at residences. The only element of the proposed exemption that EPA is 
retaining in the final rule is to allow for open burning on-site of 
paper, paper products, and cardboard that are generated by a single-
family residence or a residential building with four or fewer dwelling 
units. The rule is also revised to clarify that it applies to the owner 
of the property upon which burning is conducted in addition to the 
person actually conducting the burning. The rule is also revised to 
clarify that the burn ban provisions are triggered when air quality 
levels have exceeded or are expected to exceed, 75% of the NAAQS for 
particulate matter (PM10 or PM2.5), and not the NAAQS for other 
pollutants.
    Through education and outreach, it is EPA's goal to eliminate open 
burning disposal practices where alternative methods are feasible and 
practicable, to encourage the development of alternative disposal 
methods, to emphasize resource recovery, and to encourage utilization 
of the highest and best practicable burning methods to minimize 
emissions where other disposal practices are not feasible.
    Section 49.132--General open burning permits. Under today's rule, 
any person who wants to conduct an open burn on the Nez Perce 
Reservation and the Umatilla Indian Reservation must: (1) Obtain a 
permit for each open burn; (2) have the permit available on-site during 
the open burn; (3) conduct the open burn in accordance with the terms 
and conditions of the permit; and (4) comply with the General rule for 
open burning (Sec.  49.131) or the EPA-approved Tribal open burning 
rules in a TIP, as applicable. The following activities are exempt: 
fires set for cultural or traditional purposes, including fires within 
structures such as sweat houses or lodges; fires for recreational 
purposes, provided that no prohibited materials are burned; forestry 
and silvicultural burning (forestry and silvicultural burning is 
covered under Sec.  49.134 Rule for forestry and silvicultural burning 
permits); and agricultural burning (agricultural burning is covered 
under Sec.  49.133 Rule for agricultural burning permits). The Regional 
Administrator will take into consideration relevant factors including, 
but not limited to, the size, duration, and location of the proposed 
open burn, the current and projected air quality conditions, forecasted 
meteorological conditions, and other scheduled burning activities in 
the surrounding area in determining whether to issue the permit. EPA 
anticipates that the Nez Perce and Umatilla Tribes will seek partial 
delegation from EPA to implement portions of this rule on their 
respective reservations.
    The final rule is revised to remove the proposed exemption for burn 
barrels, to be consistent with the final general open burning rule 
(Sec.  49.131).
    As discussed above, EPA is using a phased approach to establish 
burn permit programs for open burning, agricultural burning, and 
forestry burning on the Nez Perce Reservation and the Umatilla Indian 
Reservation to

[[Page 18089]]

provide time for EPA and the Tribes to develop the burn permit 
programs, to allocate sufficient resources, and to establish 
intergovernmental agreements on how EPA and each Tribe will administer 
the program. EPA is first starting the burning permit programs on the 
Nez Perce Reservation, where EPA and the Tribe have been operating 
under an intergovernmental agreement with the Idaho Department of 
Environmental Quality and the Idaho State Department of Agriculture to 
manage agricultural field burning in the Clearwater Airshed. For the 
Nez Perce Reservation, anyone who wants to conduct open burning after 
the effective date of the FARR must first apply for and obtain a permit 
for open burning. For the Umatilla Indian Reservation, anyone who wants 
to conduct open burning after January 1, 2007 must first apply for and 
obtain a permit for open burning. These dates will provide time for EPA 
and the Tribes to develop burn permit programs.
    Section 49.133--Agricultural burning permits. Under the final rule, 
any person who wants to conduct an agricultural burn on the Nez Perce 
Reservation and the Umatilla Indian Reservation must: (1) Apply for a 
permit to conduct an agricultural burn; (2) obtain approval of the 
permit on the day of the burn, (3) have the permit available on-site 
during the agricultural burn; and (4) conduct the burn in accordance 
with the terms and conditions of the permit. This agricultural burning 
permit program is a smoke management program under which final 
approvals to conduct burns are given on a daily basis. Prior to the 
requested burn days, farmers will have received preliminary permits 
that are effective only after the daily approvals are given. All 
burning activities must also comply with the General rule for open 
burning (Sec.  49.131) or the EPA-approved Tribal open burning rules in 
a TIP, as applicable. EPA anticipates that the Nez Perce and Umatilla 
Tribes will seek partial delegation to administer portions of this rule 
on their respective reservations.
    As with the general open burning permit rule and forestry and 
silvicultural burning permit rules at Sec. Sec.  49.132 and 49.134, 
anyone who wants to conduct agricultural burning on the Nez Perce 
Reservation after the effective date of the FARR must first apply for 
and obtain approval of a permit for agricultural burning. For the 
Umatilla Indian Reservation, anyone who wants to conduct agricultural 
burning after January 1, 2007 must first apply for and obtain approval 
of a permit for agricultural burning. The provisions for approving 
agricultural burning permits are revised to simplify and streamline the 
process. The final rule provides EPA and delegated Tribes the 
flexibility to implement smoke management programs that, on a day-to-
day operational basis, resemble those of neighboring jurisdictions or 
represent a typical program.
    Section 49.134--Forestry and silvicultural burning permits. Under 
the final rule, any person who wants to conduct a forestry or 
silvicultural burn on the Nez Perce Reservation and the Umatilla Indian 
Reservation must: (1) Apply for a permit to conduct a forestry or 
silvicultural burn; (2) obtain approval of the permit on the day of the 
burn, (3) have the permit available on-site during the forestry or 
silvicultural burn; and (4) conduct the burn in accordance with the 
terms and conditions of the permit. This forestry and silvicultural 
burning permit program is a smoke management program under which final 
approvals to conduct burns are given on a daily basis. Prior to the 
requested burn days, land owners will have received preliminary permits 
that are effective only after the daily approvals are given. All 
burning activities must also comply with the General rule for open 
burning (Sec.  49.131) or the EPA-approved Tribal open burning rules in 
a TIP, as applicable. EPA anticipates that the Nez Perce and Umatilla 
Tribes will seek partial delegation to administer portions of this rule 
on their respective reservations.
    As with the general open burning permit and agricultural burning 
permit rules at Sec. Sec.  49.132 and 49.133, anyone who wants to 
conduct forestry or silvicultural burning on the Nez Perce Reservation 
after the effective date of the FARR must first apply for and obtain 
approval of a permit for forestry or silvicultural burning. For the 
Umatilla Indian Reservation, anyone who wants to conduct forestry or 
silvicultural burning after January 1, 2007 must first apply for and 
obtain approval of a permit for forestry or silvicultural burning. The 
provisions for approving forestry and silvicultural burning permits are 
revised to simplify and streamline the process. The final rule provides 
EPA and delegated Tribes the flexibility to implement smoke management 
programs that, on a day-to-day operational basis, resemble those of 
neighboring jurisdictions or represent a typical program.
    Section 49.135--Emissions detrimental to public health or welfare. 
Under this section, an owner or operator of an air pollution source is 
not allowed to cause or allow the emission of any air pollutants, in 
sufficient quantities and of such characteristics and duration, that 
the Regional Administrator determines causes or contributes to a 
violation of any NAAQS; or is presenting an imminent and substantial 
endangerment to public health or welfare, or the environment. If the 
Regional Administrator makes such a determination under this section, 
the Regional Administrator may require the source to install air 
pollution controls or to take reasonable precautions to reduce or 
prevent the emissions. The requirements would be established in a 
permit to construct or permit to operate.
    The final rule is revised in response to comments that the standard 
of ``is, or would likely be, injurious to human health and welfare'' is 
too vague. We revised the rule to use language from section 303 of the 
Act, which reads ``is presenting an imminent and substantial 
endangerment to public health or welfare, or the environment.'' We 
think that the final rule will allow us to address many of the same 
situations covered by the proposed rule language, while addressing the 
concerns raised by commenters that the proposed language is vague.
    Section 49.137--Air pollution episodes. Under Sec.  49.137, the 
Regional Administrator is authorized to issue warnings about air 
quality that apply to any person who owns or operates an air pollution 
source on an Indian reservation. The Regional Administrator may issue 
an air stagnation advisory when meteorological conditions are conducive 
to the buildup of air pollution. The Regional Administrator may declare 
an air pollution alert, air pollution warning, or air pollution 
emergency whenever it is determined that the accumulation of air 
pollutants in any place is approaching, or has reached, levels that 
could lead to a threat to human health. Once EPA determines that it is 
appropriate to issue an air stagnation advisory or declare an air 
pollution alert, air pollution warning, or air pollution emergency, EPA 
will communicate this information to the affected public. These 
announcements will indicate that air pollution levels exist that could 
potentially be harmful to human health, describe actions that people 
can take to reduce exposure, request voluntary actions to reduce 
emissions from sources of air pollutants, and indicate that a ban on 
open burning is in effect. A ban on open burning goes into effect 
whenever the Regional Administrator issues an air stagnation advisory 
or declares an air pollution alert, air pollution warning, or air 
pollution emergency.
    The final rule is revised in response to public comments to 
indicate that the

[[Page 18090]]

Regional Administrator, and not the National Weather Service, will 
issue air stagnation advisories for the purposes of this rule because 
the National Weather Service no longer does this at all of its offices. 
The final rule is also revised to clarify that the issuance of an air 
stagnation advisory or the declaration of an air pollution alert, 
warning, or emergency is a discretionary action on the part of the 
Regional Administrator. The final rule is also revised to better 
coordinate the burn ban provisions under this section and Sec.  49.131, 
General rule for open burning.
    Section 49.138--Registration of air pollution sources and reporting 
of emissions. Any person who owns or operates an air pollution source, 
except those expressly exempted from this section, will be required to 
annually register the source with EPA and report emissions. A person 
subject to this section must register an existing air pollution source 
by no later than February 15, 2007. A new air pollution source that is 
not exempt must register within 90 days after beginning operation. A 
new air pollution sources is defined as a source that begins actual 
construction after the effective date of this rule, and an existing air 
pollution source is a source that exists as of the effective date of 
this rule or has begun actual construction before the effective date of 
this rule. Sources must re-register each year and provide updates on 
any changes to the information provided in the previous registration. 
In addition, a person must promptly report any changes in ownership, 
location or operation. All registration information and reports must be 
submitted on forms provided by the Regional Administrator. The 
following sources are exempt from this section, unless the source is 
subject to a standard established under section 111 or section 112 of 
the CAA: air pollution sources that do not have the potential to emit 
more than two tons per year of any air pollutant; mobile sources; 
single-family residences and residential buildings with four or fewer 
units; air conditioning units used for human comfort that do not 
exhaust air pollutants into the atmosphere from any manufacturing or 
industrial process; ventilating units used for human comfort that do 
not exhaust air pollutants into the atmosphere from any manufacturing 
or industrial process; furnaces and boilers used exclusively for space 
heating with a rated heat input capacity of less than 400,000 Btu per 
hour; cooking of food, except for wholesale businesses that both cook 
and sell cooked food; consumer use of office equipment and products; 
janitorial services and consumer use of janitorial products; 
maintenance and repair activities, except for air pollution sources 
engaged in the business of maintaining and repairing equipment; 
agricultural activities and forestry and silvicultural activities, 
including agricultural burning and forestry and silvicultural burning; 
and open burning. Sources subject to a standard established under 
section 111 or section 112 of the CAA must register.
    EPA changed the date when initial registration is due for existing 
sources from one year after the effective date of the rule to February 
15, 2007. This revision will provide time for sources to have a 
complete year's worth of data to submit and will provide time for 
outreach and education to the regulated community on the rule 
requirements. The final rule is revised to exempt air pollution sources 
with relatively insignificant emissions from the requirement to 
register and report emissions. Specifically, sources that do not have 
the potential to emit more than two tons per year of any air pollutant 
are exempt. The final definition of ``air pollution source'' is also 
revised to clarify that the two tons per year exemption applies to the 
combined emissions from all of the buildings, structures, facilities, 
installations, activities, and equipment at a location. The proposed 
rule exempted from registration a list of categories of sources that 
EPA considered to produce only de minimis levels of pollutants or would 
be an unreasonable administrative burden to register. However, sources 
not within the listed categories would have been required to register, 
regardless of how little air pollution is emitted by the source. EPA 
believes that an accurate inventory of sources and emissions can be 
assembled for purposes of air quality management without requiring 
these sources with small or de minimis emission levels to register. 
This is the same cutoff EPA uses to define insignificant emissions in 
the Federal operating permits rule at 40 CFR 71.5(c)(11)(ii)(A). 
Exempting small sources of emissions from the registration rule is also 
consistent with EPA's objective of minimizing the implementation 
burdens upon EPA and the regulated community. It is important to note 
that, irrespective of emission levels, any stationary source subject to 
a standard established under section 111 or section 112 of the Act is 
not exempt and must register. EPA also modified two of the categorical 
exemptions to reduce the burden of this section on EPA and the 
regulated industry. Retail businesses that both cook and sell cooked 
food (restaurants) are exempt from this section and all air 
conditioning units that do not exhaust air pollutants into the 
atmosphere from any manufacturing or industrial process are exempt from 
registration regardless of whether they are subject to Title VI. EPA 
believes that most of these sources would be de minimis and that the 
burden of registering these sources outweighs the benefits of the 
information we would gain, and therefore, EPA is revising the exemption 
list.
    The final rule also is revised to exempt part 71 sources from some 
of the provisions of this section. Part 71 sources are only required to 
annually report their actual emissions. To reduce the sources' 
reporting burden, this annual report is to be submitted at the same 
time as the part 71 source's annual emission report and fee calculation 
worksheet as required by part 71 or by the source's part 71 permit.
    The final rule also is revised to clarify the information that must 
be submitted with the initial and annual registration as well as the 
information that must be submitted along with any report of relocation 
or change of ownership. The final rule also clarifies the pollutants 
for which emissions information must be submitted. This list of 
pollutants is consistent with those required to be addressed in 
implementation plans and to be reported in accordance with the new 
emissions inventory reporting requirements at 40 CFR part 51, subpart 
A.
    Section 49.139--Rule for non-Title V operating permits. This 
section creates a permitting program that can be used to establish 
Federally-enforceable requirements for air pollution sources on Indian 
reservations. This section applies in the following three situations: 
(1) The owner or operator of any source wishes to obtain a Federally-
enforceable limitation on the source's actual emissions or potential to 
emit and submits an application to the Regional Administrator 
requesting such a limitation; (2) the Regional Administrator determines 
that additional Federally-enforceable requirements for a source are 
necessary to ensure compliance with the FIP or, if applicable, TIP; or 
(3) the Regional Administrator determines that additional Federally-
enforceable requirements for a source are necessary to ensure the 
attainment and maintenance of any NAAQS or PSD increment. In these 
three situations, the Regional Administrator may write the operating 
permit, following the consultation and public comment procedures 
described in this section.

[[Page 18091]]

Also note that under this provision, a source that would require a part 
71 Federal operating permit only because it is currently a major 
stationary source may obtain an operating permit under this section 
that limits its potential to emit to below major source thresholds so 
that the source is not subject to part 71.
    The final rule is revised to clarify that the public will have an 
opportunity to request a public hearing on any draft permit. If EPA 
decides to hold a public hearing, we will look to the procedures in 40 
CFR parts 124 and 71 for guidance.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

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

B. Paperwork Reduction Act

    The OMB has approved the information collection requirements 
contained in this rule under the provisions of the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0558 (ICR No. 2020.02).
    The FIPs in this final rule include information collection 
requirements associated with the fugitive particulate matter rule in 
Sec.  49.126, the woodwaste burner rule in Sec.  49.127; the rule for 
limiting sulfur in fuels in Sec.  49.130; the rule for open burning in 
Sec.  49.131; the rules for general open burning permits, agricultural 
burning permits, and forestry and silvicultural burning permits in 
Sec. Sec.  49.132, 49.133, and 49.134; the registration rule in Sec.  
49.138; and the rule for non-Title V operating permits in Sec.  49.139. 
EPA believes these information collection requirements are appropriate 
because they will enable EPA to develop and maintain accurate records 
of air pollution sources and their emissions, allow EPA to issue 
permits or approvals, and ensure appropriate records are available to 
verify compliance with these FIPs. The information collection 
requirements listed above are all mandatory, except for the voluntary 
requirements in Sec.  49.131, Sec.  49.132, Sec.  49.133, Sec.  49.134, 
and the owner-requested operating permits in Sec.  49.139. Regulated 
entities can assert claims of business confidentiality and EPA would 
treat these claims in accordance with the provisions of 40 CFR part 2, 
subpart B.
    The reporting and recordkeeping burden for this collection of 
information is described below. Burden means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    EPA estimates that the owners or operators of facilities affected 
by this final rule will incur a total, for all affected facilities, of 
$114,803 in annualized labor costs and $17,475 in annualized non-labor 
costs to comply with the information collection requirements of this 
rule over the first three years.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9. In addition, EPA is 
amending the table in 40 CFR part 9 of currently approved OMB control 
numbers for various regulations to list the regulatory citations for 
the information requirements contained in this final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any

[[Page 18092]]

other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, a small entity is defined as: (1) A small business as defined 
by the RFA (based on Small Business Administration size standards); (2) 
a small governmental jurisdiction that is a government of a city, 
county, town, school district, or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, we certify that this action will not have a significant 
economic impact on a substantial number of small entities. The economic 
analysis that EPA prepared for this rule shows the total annual 
compliance costs of the final rule to be approximately $1,500 per small 
business operating on the affected Indian reservations. The cost-to-
sales ratio for small business entities is expected to be less than one 
percent for all facilities, even when the worst-case scenario is 
applied. EPA identified 114 small businesses and one small non-Tribal 
government that will be affected by this rule on the 39 reservations.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. Where 
appropriate, EPA has included a number of exemptions in this rule to 
reduce impacts on small entities. Included are exemptions for sources 
considered sufficiently small, such as households or the owners of 
mobile sources. In addition, in order to better understand the 
implications of this rule on small entities operating on affected 
Indian reservations, EPA consulted extensively with Tribal governments 
regarding the potential impacts of this rule, as part of the 
consultations with Tribal representatives (see section F below).

D. Unfunded Mandates Reform Act

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

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications.'' 
``Policies that have Federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has Federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that had Federalism implications and that preempts State law, unless 
the Agency consults with State and local officials early in the process 
of developing the proposed regulation.
    This final rule does not have Federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. These rules only prescribe 
regulations for facilities in areas where a State does not administer 
an approved CAA program, and thus does not have any direct effect on 
any State. Moreover, it does not alter the relationship or the 
distribution of power

[[Page 18093]]

and responsibilities established in the CAA. Thus, Executive Order 
13132 does not apply to this final rule.
    EPA provided advance copies of the draft proposed rule to State and 
local authorities in Idaho, Oregon, and Washington. All three States 
and several local air agencies wrote comment letters in support of the 
rule. Generally, the States are pleased that EPA is developing a rule 
for Indian reservations, as the rule will create more parity in the 
regulatory environment between on-reservation and off-reservation 
lands. In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicited input on this rule from State 
and local officials well in advance of publishing the proposed rule, 
and we also received many comments from State and local agencies during 
the public comment period that we considered in developing the final 
rule.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by Tribal officials in the development of regulatory 
policies that have Tribal implications.'' ``Policies that have Tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian Tribes, on 
the relationship between the Federal government and the Indian Tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian Tribes.''
    Under section 5(b) of Executive Order 13175, EPA may not issue a 
regulation that has Tribal implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by Tribal governments, or EPA consults with 
Tribal officials early in the process of developing the proposed 
regulation. Under section 5(c) of Executive Order 13175, EPA may not 
issue a regulation that has Tribal implications and that preempts 
Tribal law, unless the Agency consults with Tribal officials early in 
the process of developing the proposed regulation.
    EPA has concluded that this final rule will have Tribal 
implications. These regulations would significantly affect specific 
Indian reservation communities by filling the gap in air quality 
regulations and thus creating a level of air quality protection not 
previously provided under the CAA. However, the air quality 
requirements promulgated here are applicable broadly to all sources 
within the identified Indian reservation areas, and are not uniquely 
applicable to Tribal governments. The gap-filling approach used in this 
rule would create Federal requirements similar to those that are 
already in place in jurisdictions adjacent to the reservations covered 
by the proposal. Tribal governments may incur some compliance costs in 
meeting those requirements that apply to sources they own or operate; 
however, the economic impacts analysis does not indicate that those 
costs will be significant. Finally, although Tribal governments are 
encouraged to partner with EPA on the implementation of these 
regulations, they are not required to do so. EPA will seek to provide 
funding to Tribes that apply for partial delegation of administrative 
authority to administer specific provisions to support their 
activities. Since this final rule will neither impose substantial 
direct compliance costs on Tribal governments, nor preempt Tribal law, 
the requirements of sections 5(b) and 5(c) of the Executive Order do 
not apply to this rule.
    Consistent with EPA policy, EPA consulted with Tribal officials and 
representatives of Tribal governments early in the process of 
developing this regulation to permit them to have meaningful and timely 
input into its development. The concept for this final rule grew from 
discussions related to implementation of the CAA and the TAR with 
Tribes throughout Region 10 who are engaged in developing Tribal air 
quality programs. EPA Region 10 began assembling an inventory of air 
pollution sources in 1995, and EPA has been working with Tribes and 
other air management agencies since then to better determine the need 
for specific rules and to evaluate alternatives for Tribal and Federal 
programs.
    In 1999 and 2000, EPA consulted with interested Tribal leaders, 
managers, technical staff, and attorneys to obtain their views and 
input on the development of the proposed rule. The Administrative 
Requirements section of the Federal Register notice for the proposed 
rule (67 FR 11748) contains a summary of the early consultation 
process, and the Consultation Record in the docket provides detailed 
information on the consultations. Based on these discussions and the 
inventory of air pollution sources, EPA proposed, and promulgates 
today, a rule that is tailored to the air quality issues of the 
reservations in Idaho, Oregon, and Washington.
    The proposed rule was published on March, 15, 2002. EPA received 
written comments from seven of the 42 Tribes in Idaho, Oregon, and 
Washington. Following publication of the proposed rule and review of 
all comments received, EPA offered Tribes consultation on the rule. In 
September, October, and November of 2003, EPA met with a number of 
Tribes. The purpose of these meetings was to discuss a range of options 
EPA was considering as a result of the public comment received on the 
proposed rule and to obtain Tribal views and input on these options. 
EPA also held three conference calls with Tribes to discuss these 
options and sent three letters to the Tribal governments of all Tribes 
in Idaho, Oregon, and Washington to inform them of the opportunities to 
consult. In total, approximately 22 Tribes participated in these 
consultation opportunities. Please see the Consultation Record in the 
docket for this rule for more detailed information on the 
consultations.
    As required by section 7(a), EPA's Tribal Consultation Official has 
certified that the requirements of the Executive Order have been met in 
a meaningful and timely manner. A copy of the certification is included 
in the Consultation Record.

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

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

[[Page 18094]]

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

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

I. NTTAA National Technology Transfer and Advancement Act

    As noted in the proposed rule, section 12(d) of NTTAA, Public Law 
No. 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use 
voluntary consensus standards in its regulatory activities unless to do 
so would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices) 
that are developed or adopted by voluntary consensus standards bodies. 
The NTTAA directs EPA to provide Congress, through OMB, explanations 
when the Agency decides not to use available and applicable voluntary 
standards.
    This final rule includes a number of voluntary consensus standards 
developed or adopted by ASTM International, which are listed below in 
Sec.  49.123(e) for incorporation by reference. In response to a 
comment on the proposed rule by ASTM International, the final rule 
includes the latest update for each standard and method. This final 
rule also includes a number of generally accepted test methods 
previously promulgated by EPA in other Federal rulemakings. We have not 
created any new EPA standards or test methods for use in this rule.

J. Congressional Review Act

    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective June 7, 2005.

K. Executive Order 12898: Environmental Justice Strategy

    Executive Order 12898, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations,'' (59 FR 
7629, February 19, 1994) requires each Federal agency to address and 
identify ``disproportionally high and adverse human health or 
environmental effects of its programs, policies, and activities on 
minority and low-income population'' (section 1.1).
    This rule is designed to protect human health and air quality 
resources on Indian reservations in Idaho, Oregon, and Washington. 
Although there are non-Indians living and/or working on some of the 
reservations, the populations primarily affected by these rules are 
minorities, because most people living on the majority of affected 
reservations are American Indians. These reservations tend to have very 
low per capita incomes relative to the U.S. average, with a large 
percentage of the population below the poverty line. Therefore, the 
people living where this rule applies tend to be low income, as well as 
a minority. This final rule will not impose any negative environmental 
impacts on the people on the affected reservations. Therefore, there is 
no environmental justice concern in this case because this rule will 
improve human health and environmental conditions of a disadvantaged 
population in Region 10.

L. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 7, 2005. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 49

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Incorporation by reference, Indians, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: March 25, 2005.
Stephen L. Johnson,
Acting Administrator.

0
For the reasons set out in the preamble, Parts 9 and 49, title 40, 
chapter I of the Code of Federal Regulations are amended to read as 
follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.


0
2. In Sec.  9.1 the table is amended by removing the heading ``Indian 
Tribes: Air Quality Planning and Management'' and adding in its place 
the heading ``Tribal Clean Air Act Authority'' and by adding the 
following entries in numerical order to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                            OMB control
                     40 CFR citation                            No.
------------------------------------------------------------------------
 
                               * * * * *
                     Tribal Clean Air Act Authority
 
                                * * * * *
49.126(e)(1)(i).........................................       2060-0558
49.126(e)(1)(iii).......................................       2060-0558
49.126(e)(1)(v).........................................       2060-0558
49.127(e)...............................................       2060-0558
49.130(f)(1)-(2)........................................       2060-0558
49.131(c)(4)-(5)........................................       2060-0558
49.132(d)(1)............................................       2060-0558
49.132(e)(1)............................................       2060-0558
49.133(c)(1)............................................       2060-0558
49.133(d)(1)............................................       2060-0558
49.134(c)(1)............................................       2060-0558
49.134(d)(1)............................................       2060-0558
49.138(d)-(f)...........................................       2060-0558
49.139(c)(1)............................................       2060-0558
49.139(d)...............................................       2060-0558

[[Page 18095]]

 
49.139(e)(2)............................................       2060-0558
 
                                * * * * *
------------------------------------------------------------------------

PART 49--TRIBAL CLEAN AIR ACT AUTHORITY

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

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


0
4. Part 49 is amended by adding subpart C to read as follows:

Subpart C--General Federal Implementation Plan Provisions

Sec.
49.101-49.120 [Reserved]

General Rules for Application to Indian Reservations in EPA Region 10

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

Subpart C--General Federal Implementation Plan Provisions


Sec. Sec.  49.101-49.120  [Reserved]

General Rules for Application to Indian Reservations in EPA Region 10


Sec.  49.121  Introduction.

    (a) What is the purpose of the ``General Rules for Application to 
Indian Reservations in EPA Region 10''? These ``General Rules for 
Application to Indian Reservations in EPA Region 10'' establish 
emission limitations and other requirements for air pollution sources 
located within Indian reservations in Idaho, Oregon, and Washington 
that are appropriate in order to ensure a basic level of air pollution 
control and to protect public health and welfare.
    (b) How were these ``General Rules for Application to Indian 
Reservations in EPA Region 10'' developed? These ``General Rules for 
Application to Indian Reservations in EPA Region 10'' were developed in 
consultation with the Indian Tribes located in Idaho, Oregon, and 
Washington and with input from the public and State and local 
governments in Region 10. These general rules take into consideration 
the current air quality situations within Indian reservations, the 
known sources of air pollution, the needs and concerns of the Indian 
Tribes in that portion of Region 10, and the air quality rules in 
adjacent jurisdictions.
    (c) When are these ``General Rules for Application to Indian 
Reservations in EPA Region 10'' applicable to sources on a particular 
Indian reservation? These ``General Rules for Application to Indian 
Reservations in EPA Region 10'' apply to air pollution sources on a 
particular Indian reservation when EPA has specifically promulgated one 
or more rules for that reservation. Rules will be promulgated through 
notice and comment rulemaking and will be specifically identified in 
the implementation plan for that reservation in Subpart M--
Implementation Plans for Tribes--Region 10, of this part. These 
``General Rules for Application to Indian Reservations in EPA Region 
10'' apply only to air pollution sources located within the exterior 
boundaries of an Indian reservation or other reservation lands 
specified in subpart M of this part.


Sec.  49.122  Partial delegation of administrative authority to a 
Tribe.

    (a) What is the purpose of this section? The purpose of this 
section is to establish the process by which the Regional Administrator 
may delegate to an Indian Tribe partial authority to administer one or 
more of the Federal requirements in effect in subpart M of this part 
for a particular Indian reservation. The Federal requirements 
administered by the delegated Tribe will be subject to enforcement by 
EPA under Federal law. This section provides for administrative 
delegation and does not affect the eligibility criteria under Sec.  
49.6 for treatment in the same manner as a State.
    (b) How does a Tribe request partial delegation of administrative 
authority? In order to be delegated authority to administer one or more 
of the Federal requirements that are in effect in subpart M of this 
part for a particular Indian reservation, the Tribe must submit a 
request to the Regional Administrator that:
    (1) Identifies the specific provisions for which delegation is 
requested;
    (2) Identifies the Indian reservation for which delegation is 
requested;
    (3) Includes a statement by the applicant's legal counsel (or 
equivalent official) that includes the following information:
    (i) A statement that the applicant is an Indian Tribe recognized by 
the Secretary of the Interior;
    (ii) A descriptive statement demonstrating that the applicant is 
currently carrying out substantial governmental duties and powers over 
a defined area and that it meets the requirements of Sec.  49.7(a)(2); 
and
    (iii) A description of the laws of the Indian Tribe that provide 
adequate authority to carry out the aspects of the provisions for which 
delegation is requested; and
    (4) Demonstrates that the Tribe has, or will have, the technical 
capability and adequate resources to carry out the aspects of the 
provisions for which delegation is requested.
    (c) How is the partial delegation of administrative authority 
accomplished?
    (1) A Partial Delegation of Administrative Authority Agreement will 
set forth the terms and conditions of the delegation, will specify the 
provisions that the Tribe will be authorized to administer on behalf of 
EPA, and will be entered into by the Regional Administrator and the 
Tribe. The Agreement will become effective upon the date that both the 
Regional Administrator and the Tribe have signed the Agreement. Once 
the delegation becomes effective, the Tribe will have the authority 
under the Clean Air Act, to the extent specified in the Agreement, for 
administering one or more of the Federal requirements that are in 
effect in subpart M of this part for the particular Indian reservation 
and will act on behalf of the Regional Administrator.
    (2) A Partial Delegation of Administrative Authority Agreement may 
be modified, amended, or revoked, in part or in whole, by the Regional 
Administrator after consultation with the Tribe. Any substantive 
modifications or amendments will be subject to the procedures in 
paragraph (d) of this section.
    (d) How will any partial delegation of administrative authority be 
publicized?
    (1) Prior to making any final decision to delegate partial 
administrative authority to a Tribe under this section, EPA will 
consult with appropriate

[[Page 18096]]

governmental entities outside of the specified reservation and city and 
county governments located within the boundaries of the specified 
reservation.
    (2) The Regional Administrator will publish a notice in the Federal 
Register informing the public of any Partial Delegation of 
Administrative Authority Agreement for a particular Indian reservation 
and will note such delegation in the implementation plan for the Indian 
reservation. The Regional Administrator will also publish an 
announcement of the partial delegation agreement in local newspapers.


Sec.  49.123  General provisions.

    (a) Definitions. The following definitions apply for the purposes 
of the ``General Rules for Application to Indian Reservations in EPA 
Region 10.'' Terms not defined herein have the meaning given to them in 
the Act.
    Act means the Clean Air Act, as amended (42 U.S.C. 7401 et seq.).
    Actual emissions means the actual rate of emissions, in tons per 
year, of an air pollutant emitted from an air pollution source. For an 
existing air pollution source, the actual emissions are the actual rate 
of emissions for the preceding calendar year and must be calculated 
using the actual operating hours, production rates, in-place control 
equipment, and types of materials processed, stored, or combusted 
during the preceding calendar year. For a new air pollution source that 
did not operate during the preceding calendar year, the actual 
emissions are the estimated actual rate of emissions for the current 
calendar year.
    Administrator means the Administrator of the United States 
Environmental Protection Agency (EPA) or an authorized representative 
of the Administrator.
    Agricultural activities means the usual and customary activities of 
cultivating the soil, producing crops, and raising livestock for use 
and consumption. Agricultural activities do not include manufacturing, 
bulk storage, handling for resale, or the formulation of any 
agricultural chemical.
    Agricultural burning means burning of vegetative debris from an 
agricultural activity that is necessary for disease or pest control, or 
for crop propagation and/or crop rotation.
    Air pollutant means any air pollution agent or combination of such 
agents, including any physical, chemical, biological, radioactive 
(including source material, special nuclear material, and by-product 
material) substance or matter that is emitted into or otherwise enters 
the ambient air. Such term includes any precursors to the formation of 
any air pollutant, to the extent the Administrator has identified such 
precursor or precursors for the particular purpose for which the term 
air pollutant is used.
    Air pollution source (or source) means any building, structure, 
facility, installation, activity, or equipment, or combination of 
these, that emits, or may emit, an air pollutant.
    Allowable emissions means the emission rate of an air pollution 
source calculated using the maximum rated capacity of the source 
(unless the source is subject to Federally-enforceable limits that 
restrict the operating rate, hours of operation, or both) and the most 
stringent of the following:
    (1) The applicable standards in 40 CFR parts 60, 61, 62, and 63;
    (2) The applicable implementation plan emission limitations, 
including those with a future compliance date; or
    (3) The emissions rates specified in Federally-enforceable permit 
conditions.
    Ambient air means that portion of the atmosphere, external to 
buildings, to which the general public has access.
    British thermal unit (Btu) means the quantity of heat necessary to 
raise the temperature of one pound of water one degree Fahrenheit.
    Coal means all fuels classified as anthracite, bituminous, sub-
bituminous, or lignite by ASTM International in ASTM D388-99 
(Reapproved 2004)[egr]1, Standard Classification of Coals by 
Rank (incorporated by reference, see Sec.  49.123(e)).
    Combustion source means any air pollution source that combusts a 
solid fuel, liquid fuel, or gaseous fuel, or an incinerator.
    Continuous emissions monitoring system (CEMS) means the total 
equipment used to sample, condition (if applicable), analyze, and 
provide a permanent record of emissions.
    Continuous opacity monitoring system (COMS) means the total 
equipment used to sample, analyze, and provide a permanent record of 
opacity.
    Distillate fuel oil means any oil meeting the specifications of 
ASTM Grade 1 or Grade 2 fuel oils in ASTM Method D396-04, Standard 
Specification for Fuel Oils (incorporated by reference, see Sec.  
49.123(e)).
    Emission means a direct or indirect release into the atmosphere of 
any air pollutant, or air pollutants released into the atmosphere.
    Emission factor means an estimate of the amount of an air pollutant 
that is released into the atmosphere, as the result of an activity, in 
terms of mass of emissions per unit of activity (for example, the 
pounds of sulfur dioxide emitted per gallon of fuel burned).
    Emission unit means any part of an air pollution source that emits, 
or may emit, air pollutants into the atmosphere.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator.
    Forestry or silvicultural activities means those activities 
associated with regeneration, growing, and harvesting of trees and 
timber including, but not limited to, preparing sites for new stands of 
trees to be either planted or allowed to regenerate through natural 
means, road construction and road maintenance, fertilization, logging 
operations, and forest management techniques employed to enhance the 
growth of stands of trees or timber.
    Forestry or silvicultural burning means burning of vegetative 
debris from a forestry or silvicultural activity that is necessary for 
disease or pest control, reduction of fire hazard, reforestation, or 
ecosystem management.
    Fuel means any solid, liquid, or gaseous material that is combusted 
in order to produce heat or energy.
    Fuel oil means a liquid fuel derived from crude oil or petroleum, 
including distillate oil, residual oil, and used oil.
    Fugitive dust means a particulate matter emission made airborne by 
forces of wind, mechanical disturbance of surfaces, or both. Unpaved 
roads, construction sites, and tilled land are examples of sources of 
fugitive dust.
    Fugitive particulate matter means particulate matter emissions that 
do not pass through a stack, chimney, vent, or other functionally 
equivalent opening. Fugitive particulate matter includes fugitive dust.
    Garbage means food wastes.
    Gaseous fuel means any fuel that exists in a gaseous state at 
standard conditions including, but not limited to, natural gas, 
propane, fuel gas, process gas, and landfill gas.
    Grate cleaning means removing ash from fireboxes.
    Hardboard means a flat panel made from wood that has been reduced 
to basic wood fibers and bonded by adhesive properties under pressure.
    Heat input means the total gross calorific value [where gross 
calorific value is measured by ASTM Method D240-02, D1826-94(Reapproved 
2003), D5865-04, or E711-87(Reapproved 2004) (incorporated by 
reference, see Sec.  49.123(e))] of all fuels burned.
    Implementation plan means a Tribal implementation plan approved by 
EPA pursuant to this part or 40 CFR part 51, or a Federal 
implementation plan promulgated by EPA in this part or in 40 CFR part 
52 that applies in Indian

[[Page 18097]]

country, or a combination of Tribal and Federal implementation plans.
    Incinerator means any device, including a flare, designed to reduce 
the volume of solid, liquid, or gaseous waste by combustion. This 
includes air curtain incinerators, but does not include open burning.
    Indian country means:
    (1) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation;
    (2) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (3) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    Marine vessel means a waterborne craft, ship, or barge.
    Mobile sources means locomotives, aircraft, motor vehicles, nonroad 
vehicles, nonroad engines, and marine vessels.
    Motor vehicle means any self-propelled vehicle designed for 
transporting people or property on a street or highway.
    New air pollution source means an air pollution source that begins 
actual construction after the effective date of the ``General Rules for 
Application to Indian Reservations in EPA Region 10''.
    Noncombustibles means materials that are not flammable, capable of 
catching fire, or burning.
    Nonroad engine means:
    (1) Except as discussed below, any internal combustion engine:
    (i) In or on a piece of equipment that is self-propelled or that 
serves a dual purpose by both propelling itself and performing another 
function (such as garden tractors, off-highway mobile cranes, and 
bulldozers); or
    (ii) In or on a piece of equipment that is intended to be propelled 
while performing its function (such as lawnmowers and string trimmers); 
or
    (iii) That, by itself or in or on a piece of equipment, is portable 
or transportable, meaning designed to be and capable of being carried 
or moved from one location to another. Indicia of transportability 
include, but are not limited to, wheels, skids, carrying handles, 
dolly, trailer, or platform.
    (2) An internal combustion engine is not a nonroad engine if:
    (i) The engine is used to propel a motor vehicle or a vehicle used 
solely for competition, or is subject to standards promulgated under 
section 202 of the Act; or
    (ii) The engine is regulated by a Federal new source performance 
standard promulgated under section 111 of the Act; or
    (iii) The engine that is otherwise portable or transportable 
remains or will remain at a location for more than 12 consecutive 
months or a shorter period of time for an engine located at a seasonal 
source. A location is any single site at a building, structure, 
facility, or installation. Any engine (or engines) that replaces an 
engine at a location and that is intended to perform the same or 
similar function as the engine replaced will be included in calculating 
the consecutive time period. An engine located at a seasonal source is 
an engine that remains at a seasonal source during the full annual 
operating period of the seasonal source. For purposes of this 
paragraph, a seasonal source is a stationary source that remains in a 
single location on a permanent basis (i.e., at least 2 years) and that 
operates at that single location approximately 3 months (or more) each 
year. This paragraph does not apply to an engine after the engine is 
removed from the location.
    Nonroad vehicle means a vehicle that is powered by a nonroad engine 
and that is not a motor vehicle or a vehicle used solely for 
competition.
    Oil-fired boiler means a furnace or boiler used for combusting fuel 
oil for the primary purpose of producing steam or hot water by heat 
transfer.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background. For 
continuous opacity monitoring systems, opacity means the fraction of 
incident light that is attenuated by an optical medium.
    Open burning means the burning of a material that results in the 
products of combustion being emitted directly into the atmosphere 
without passing through a stack. Open burning includes burning in burn 
barrels.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises an air pollution source.
    Part 71 source means any source subject to the permitting 
requirements of 40 CFR part 71, as provided in Sec. Sec.  71.3(a) and 
71.3(b).
    Particleboard means a matformed flat panel consisting of wood 
particles bonded together with synthetic resin or other suitable 
binder.
    Particulate matter means any airborne finely divided solid or 
liquid material, other than uncombined water. Particulate matter 
includes, but is not limited to, PM10 and PM2.5.
    Permit to construct or construction permit means a permit issued by 
the Regional Administrator pursuant to 40 CFR part 49 or 40 CFR part 
52, or a permit issued by a Tribe pursuant to a program approved by the 
Administrator under 40 CFR part 51, subpart I, authorizing the 
construction or modification of a stationary source.
    Permit to operate or operating permit means a permit issued by the 
Regional Administrator pursuant to Sec.  49.139 or 40 CFR part 71, or 
by a Tribe pursuant to a program approved by the Administrator under 40 
CFR part 51 or 40 CFR part 70, authorizing the operation of a 
stationary source.
    Plywood means a flat panel built generally of an odd number of thin 
sheets of veneers of wood in which the grain direction of each ply or 
layer is at right angles to the one adjacent to it.
    PM10 means particulate matter with an aerodynamic diameter less 
than or equal to 10 micrometers.
    PM2.5 means particulate matter with an aerodynamic diameter less 
than or equal to 2.5 micrometers.
    Potential to emit means the maximum capacity of an air pollution 
source to emit an air pollutant under its physical and operational 
design. Any physical or operational limitation on the capacity of the 
air pollution source to emit an air pollutant, including air pollution 
control equipment and restrictions on hours of operation or on the type 
or amount of material combusted, stored, or processed, shall be treated 
as part of its design if the limitation or the effect it would have on 
emissions is Federally enforceable.
    Press/Cooling vent means any opening through which particulate and 
gaseous emissions from plywood, particleboard, or hardboard 
manufacturing are exhausted, either by natural draft or powered fan, 
from the building housing the process. Such openings are generally 
located immediately above the board press, board unloader, or board 
cooling area.
    Process source means an air pollution source using a procedure or 
combination of procedures for the purpose of causing a change in 
material by either chemical or physical means, excluding combustion.
    Rated capacity means the maximum sustainable capacity of the 
equipment.
    Reference method means any method of sampling and analyzing for an 
air pollutant as specified in the applicable section.
    Refuse means all solid, liquid, or gaseous waste material, 
including but not limited to, garbage, trash, household

[[Page 18098]]

refuse, municipal solid waste, construction or demolition debris, or 
waste resulting from the operation of any business, trade, or industry.
    Regional Administrator means the Regional Administrator of EPA 
Region 10 or an authorized representative of the Regional 
Administrator.
    Residual fuel oil means any oil meeting the specifications of ASTM 
Grade 4, Grade 5, or Grade 6 fuel oils in ASTM Method D396-04, Standard 
Specification for Fuel Oils (incorporated by reference, see Sec.  
49.123(e)).
    Smudge pot means a portable heater/burner that produces thick heavy 
smoke and that fruit growers place around an orchard in the evening to 
prevent the crop from freezing at night.
    Solid fuel means wood, refuse, refuse-derived fuel, tires, tire-
derived fuel, and other solid combustible material (other than coal), 
including any combination thereof.
    Solid fuel-fired boiler means a furnace or boiler used for 
combusting solid fuel for the primary purpose of producing steam or hot 
water by heat transfer.
    Soot blowing means using steam or compressed air to remove carbon 
from a furnace or from a boiler's heat transfer surfaces.
    Source means the same as air pollution source.
    Stack means any point in a source that conducts air pollutants to 
the atmosphere, including, but not limited to, a chimney, flue, 
conduit, pipe, vent, or duct, but not including a flare.
    Standard conditions means a temperature of 293 degrees Kelvin (68 
degrees Fahrenheit, 20 degrees Celsius) and a pressure of 101.3 
kilopascals (29.92 inches of mercury).
    Start-up means the setting into operation of a piece of equipment.
    Stationary source means any building, structure, facility, or 
installation that emits, or may emit, any air pollutant.
    Tempering oven means any facility used to bake hardboard following 
an oil treatment process.
    Uncombined water means droplets of water that have not combined 
with hygroscopic particles or do not contain dissolved solids.
    Used oil means petroleum products that have been recovered from 
another application.
    Veneer means a single flat panel of wood not exceeding \1/4\ inch 
in thickness formed by slicing or peeling from a log.
    Veneer dryer means equipment in which veneer is dried.
    Visible emissions means air pollutants in sufficient amount to be 
observable to the human eye.
    Wood means wood, wood residue, bark, or any derivative or residue 
thereof, in any form, including but not limited to sawdust, sanderdust, 
wood chips, scraps, slabs, millings, shavings, and processed pellets 
made from wood or other forest residues.
    Wood-fired boiler means a furnace or boiler used for combusting 
wood for the primary purpose of producing steam or hot water by heat 
transfer.
    Wood-fired veneer dryer means a veneer dryer that is directly 
heated by the products of combustion of wood in addition to, or 
exclusive of, steam or natural gas or propane combustion.
    Woodwaste burner means a wigwam burner, teepee burner, silo burner, 
olivine burner, truncated cone burner, or other such woodwaste-burning 
device used by the wood products industry for the disposal of wood 
wastes.
    (b) Requirement for testing. The Regional Administrator may 
require, in a permit to construct or a permit to operate, that a person 
demonstrate compliance with the ``General Rules for Application to 
Indian Reservations in EPA Region 10'' by performing a source test and 
submitting the test results to the Regional Administrator. A person may 
also be required by the Regional Administrator, in a permit to 
construct or permit to operate, to install and operate a continuous 
opacity monitoring system (COMS) or a continuous emissions monitoring 
system (CEMS) to demonstrate compliance. Nothing in the ``General Rules 
for Application to Indian Reservations in EPA Region 10'' limits the 
authority of the Regional Administrator to require, in an information 
request pursuant to section 114 of the Act, a person to demonstrate 
compliance by performing source testing, even where the source does not 
have a permit to construct or a permit to operate.
    (c) Requirement for monitoring, recordkeeping, and reporting. 
Nothing in the ``General Rules for Application to Indian Reservations 
in EPA Region 10'' precludes the Regional Administrator from requiring 
monitoring, recordkeeping, and reporting, including monitoring, 
recordkeeping, and reporting in addition to that already required by an 
applicable requirement, in a permit to construct or permit to operate 
in order to ensure compliance.
    (d) Credible evidence. For the purposes of submitting compliance 
certifications or establishing whether or not a person has violated or 
is in violation of any requirement, nothing in the ``General Rules for 
Application to Indian Reservations in EPA Region 10'' precludes the 
use, including the exclusive use, of any credible evidence or 
information relevant to whether a source would have been in compliance 
with applicable requirements if the appropriate performance or 
compliance test had been performed.
    (e) Incorporation by reference. The materials listed in this 
section are incorporated by reference in the corresponding sections 
noted. These incorporations by reference were approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. These materials are incorporated as they exist on the date of 
the approval, and a notice of any change in these materials will be 
published in the Federal Register. The materials are available for 
purchase at the corresponding addresses noted below, or are available 
for inspection at EPA's Air and Radiation Docket and Information 
Center, located at 1301 Constitution Avenue, NW, Room B102, Mail Code 
6102T, Washington, D.C. 20004, at EPA Region 10, Office of Air, Waste, 
and Toxics, 10th Floor, 1200 Sixth Avenue, Seattle, Washington 98101, 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (1) The materials listed below are available for purchase from at 
least one of the following addresses: ASTM International, 100 Barr 
Harbor Drive, West Conshohocken, Pennsylvania 19428-2959; or University 
Microfilms International, 300 North Zeeb Road, Ann Arbor, Michigan 
48106.
    (i) ASTM D388-99(Reapproved 2004)[euro]1, Standard 
Classification of Coals by Rank, Incorporation by reference (IBR) 
approved for Sec.  49.123(a).
    (ii) ASTM D396-04, Standard Specification for Fuel Oils, IBR 
approved for Sec.  49.123(a).
    (iii) ASTM D240-02, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR approved for Sec.  
49.123(a).
    (iv) ASTM D1826-94(Reapproved 2003), Standard Test Method for 
Calorific (Heating) Value of Gases in Natural Gas Range by Continuous 
Recording Calorimeter, IBR approved for Sec.  49.123(a).
    (v) ASTM D5865-04, Standard Test Method for Gross Calorific Value 
of Coal and Coke, IBR approved for Sec.  49.123(a).
    (vi) ASTM E711-87(Reapproved 2004) Standard Test Method for Gross 
Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, IBR 
approved for Sec.  49.123(a).

[[Page 18099]]

    (vii) ASTM D2880-03, Standard Specification for Gas Turbine Fuel 
Oils, IBR approved for Sec.  49.130(e)(1).
    (viii) ASTM D4294-03, Standard Test Method for Sulfur in Petroleum 
Products by Energy-Dispersive X-ray Fluorescence Spectroscopy, IBR 
approved for Sec.  49.130(e)(1).
    (ix) ASTM D6021-96(Reapproved 2001) [euro]1, Standard 
Test Method for Measurement of Total Hydrogen Sulfide in Residual Fuels 
by Multiple Headspace Extraction and Sulfur Specific Detection, IBR 
approved for Sec.  49.130(e)(1).
    (x) ASTM D3177-02, Standard Test Methods for Total Sulfur in the 
Analysis Sample of Coal and Coke, IBR approved for Sec.  49.130(e)(2).
    (xi) ASTM D4239-04a, Standard Test Methods for Sulfur in the 
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace 
Combustion Methods, IBR approved for Sec.  49.130(e)(2).
    (xii) ASTM D2492-02, Standard Test Method for Forms of Sulfur in 
Coal, IBR approved for Sec.  49.130(e)(2).
    (xiii) ASTM E775-87(Reapproved 2004), Standard Test Methods for 
Total Sulfur in the Analysis Sample of Refuse-Derived Fuel, IBR 
approved for Sec.  49.130(e)(3).
    (xiv) ASTM D1072-90(Reapproved 1999), Standard Test Method for 
Total Sulfur in Fuel Gases, IBR approved for Sec.  49.130(e)(4).
    (xv) ASTM D3246-96, Standard Test Method for Sulfur in Petroleum 
Gas by Oxidative Microcoulometry, IBR approved for Sec.  49.130(e)(4).
    (xvi) ASTM D4084-94(Reapproved 1999) Standard Test Method for 
Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction 
Rate Method), IBR approved for Sec.  49.130(e)(4).
    (xvii) ASTM D5504-01, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Chemiluminescence, IBR approved for Sec.  49.130(e)(4).
    (xviii) ASTM D4468-85(Reapproved 2000), Standard Test Method for 
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric 
Colorimetry, IBR approved for Sec.  49.130(e)(4).
    (xix) ASTM D2622-03, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR 
approved for Sec.  49.130(e)(4).
    (xx) ASTM D6228-98(Reapproved 2003), Standard Test Method for 
Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by 
Gas Chromatography and Flame Photometric Detection, IBR approved for 
Sec.  49.130(e)(4).


Sec.  49.124  Rule for limiting visible emissions.

    (a) What is the purpose of this section? This section limits the 
visible emissions of air pollutants from certain air pollution sources 
operating within the Indian reservation to control emissions of 
particulate matter to the atmosphere and ground-level concentrations of 
particulate matter, to detect the violation of other requirements in 
the ``General Rules for Application to Indian Reservations in EPA 
Region 10'', and to indicate whether a source is continuously 
maintained and properly operated.
    (b) Who is affected by this section? This section applies to any 
person who owns or operates an air pollution source that emits, or 
could emit, particulate matter or other visible air pollutants to the 
atmosphere, unless exempted in paragraph (c) of this section.
    (c) What is exempted from this section? This section does not apply 
to open burning, agricultural activities, forestry and silvicultural 
activities, non-commercial smoke houses, sweat houses or lodges, smudge 
pots, furnaces and boilers used exclusively to heat residential 
buildings with four or fewer dwelling units, fugitive dust from public 
roads owned or maintained by any Federal, Tribal, State, or local 
government, and emissions from fuel combustion in mobile sources.
    (d) What are the opacity limits for air pollution sources?
    (1) The visible emissions from an air pollution source must not 
exceed 20% opacity, averaged over any consecutive six-minute period, 
unless paragraph (d)(2) or (d)(3) of this section applies to the air 
pollution source.
    (2) The visible emissions from an air pollution source may exceed 
the 20% opacity limit if the owner or operator of the air pollution 
source demonstrates to the Regional Administrator's satisfaction that 
the presence of uncombined water, such as steam, is the only reason for 
the failure of an air pollution source to meet the 20% opacity limit.
    (3) The visible emissions from an oil-fired boiler or solid fuel-
fired boiler that continuously measures opacity with a continuous 
opacity monitoring system (COMS) may exceed the 20% opacity limit 
during start-up, soot blowing, and grate cleaning for a single period 
of up to 15 consecutive minutes in any eight consecutive hours, but 
must not exceed 60% opacity at any time.
    (e) What is the reference method for determining compliance?
    (1) The reference method for determining compliance with the 
opacity limits is EPA Method 9. A complete description of this method 
is found in appendix A of 40 CFR part 60.
    (2) An alternative reference method for determining compliance is a 
COMS that complies with Performance Specification 1 found in appendix B 
of 40 CFR part 60.
    (f) Definitions of terms used in this section. The following terms 
that are used in this section, are defined in Sec.  49.123 General 
provisions: Act, agricultural activities, air pollutant, air pollution 
source, ambient air, coal, continuous opacity monitoring system (COMS), 
distillate fuel oil, emission, forestry or silvicultural activities, 
fuel, fuel oil, fugitive dust, gaseous fuel, grate cleaning, marine 
vessel, mobile sources, motor vehicle, nonroad engine, nonroad vehicle, 
oil-fired boiler, opacity, open burning, particulate matter, PM10, 
PM2.5, reference method, refuse, Regional Administrator, residual fuel 
oil, smudge pot, solid fuel, solid fuel-fired boiler, soot blowing, 
stack, standard conditions, start-up, stationary source, uncombined 
water, used oil, visible emissions, and wood.


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

    (a) What is the purpose of this section? This section limits the 
amount of particulate matter that may be emitted from certain air 
pollution sources operating within the Indian reservation to control 
ground-level concentrations of particulate matter.
    (b) Who is affected by this section? This section applies to any 
person who owns or operates an air pollution source that emits, or 
could emit, particulate matter to the atmosphere, unless exempted in 
paragraph (c) of this section.
    (c) What is exempted from this section? This section does not apply 
to woodwaste burners, furnaces and boilers used exclusively for space 
heating with a rated heat input capacity of less than 400,000 British 
thermal units (Btu) per hour, non-commercial smoke houses, sweat houses 
or lodges, open burning, and mobile sources.
    (d) What are the particulate matter limits for air pollution 
sources?
    (1) Particulate matter emissions from a combustion source stack 
(except for wood-fired boilers) must not exceed an average of 0.23 
grams per dry standard cubic meter (0.1 grains per dry standard cubic 
foot), corrected to seven percent oxygen, during any three-hour period.
    (2) Particulate matter emissions from a wood-fired boiler stack 
must not exceed an average of 0.46 grams per dry

[[Page 18100]]

standard cubic meter (0.2 grains per dry standard cubic foot), 
corrected to seven percent oxygen, during any three-hour period.
    (3) Particulate matter emissions from a process source stack, or 
any other stack not subject to paragraph (d)(1) or (d)(2) of this 
section, must not exceed an average of 0.23 grams per dry standard 
cubic meter (0.1 grains per dry standard cubic foot) during any three-
hour period.
    (e) What is the reference method for determining compliance? The 
reference method for determining compliance with the particulate matter 
limits is EPA Method 5. A complete description of this method is found 
in appendix A of 40 CFR part 60.
    (f) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Act, air pollutant, air pollution source, ambient air, 
British thermal unit (Btu), coal, combustion source, distillate fuel 
oil, emission, fuel, fuel oil, gaseous fuel, heat input, incinerator, 
marine vessel, mobile sources, motor vehicle, nonroad engine, nonroad 
vehicle, open burning, particulate matter, PM10, PM2.5, process source, 
reference method, refuse, residual fuel oil, solid fuel, stack, 
standard conditions, stationary source, uncombined water, used oil, 
wood, wood-fired boiler, and woodwaste burner.


Sec.  49.126  Rule for limiting fugitive particulate matter emissions.

    (a) What is the purpose of this section? This section limits the 
amount of fugitive particulate matter that may be emitted from certain 
air pollution sources operating within the Indian reservation to 
control ground-level concentrations of particulate matter.
    (b) Who is affected by this section? This section applies to any 
person who owns or operates a source of fugitive particulate matter 
emissions.
    (c) What is exempted from this section? This section does not apply 
to open burning, agricultural activities, forestry and silvicultural 
activities, sweat houses or lodges, non-commercial smoke houses, public 
roads owned or maintained by any Federal, Tribal, State, or local 
government, or activities associated with single-family residences or 
residential buildings with four or fewer dwelling units.
    (d) What are the requirements for sources of fugitive particulate 
matter emissions?
    (1) The owner or operator of any source of fugitive particulate 
matter emissions, including any source or activity engaged in materials 
handling or storage, construction, demolition, or any other operation 
that is or may be a source of fugitive particulate matter emissions, 
must take all reasonable precautions to prevent fugitive particulate 
matter emissions and must maintain and operate the source to minimize 
fugitive particulate matter emissions.
    (2) Reasonable precautions include, but are not limited to the 
following:
    (i) Use, where possible, of water or chemicals for control of dust 
in the demolition of buildings or structures, construction operations, 
grading of roads, or clearing of land.
    (ii) Application of asphalt, oil (but not used oil), water, or 
other suitable chemicals on unpaved roads, materials stockpiles, and 
other surfaces that can create airborne dust.
    (iii) Full or partial enclosure of materials stockpiles in cases 
where application of oil, water, or chemicals is not sufficient or 
appropriate to prevent particulate matter from becoming airborne.
    (iv) Implementation of good housekeeping practices to avoid or 
minimize the accumulation of dusty materials that have the potential to 
become airborne, and the prompt cleanup of spilled or accumulated 
materials.
    (v) Installation and use of hoods, fans, and fabric filters to 
enclose and vent the handling of dusty materials.
    (vi) Adequate containment during sandblasting or other similar 
operations.
    (vii) Covering, at all times when in motion, open bodied trucks 
transporting materials likely to become airborne.
    (viii) The prompt removal from paved streets of earth or other 
material that does or may become airborne.
    (e) Are there additional requirements that must be met?
    (1) A person subject to this section must:
    (i) Annually survey the air pollution source(s) during typical 
operating conditions and meteorological conditions conducive to 
producing fugitive dust to determine the sources of fugitive 
particulate matter emissions. For new sources or new operations, a 
survey must be conducted within 30 days after commencing operation. 
Document the results of the survey, including the date and time of the 
survey and identification of any sources of fugitive particulate matter 
emissions found.
    (ii) If sources of fugitive particulate matter emissions are 
present, determine the reasonable precautions that will be taken to 
prevent fugitive particulate matter emissions.
    (iii) Prepare, and update as necessary following each survey, a 
written plan that specifies the reasonable precautions that will be 
taken and the procedures to be followed to prevent fugitive particulate 
matter emissions, including appropriate monitoring and recordkeeping. 
For construction or demolition activities, a written plan must be 
prepared prior to commencing construction or demolition.
    (iv) Implement the written plan, and maintain and operate the 
source to minimize fugitive particulate matter emissions.
    (v) Maintain records for five years that document the surveys and 
the reasonable precautions that were taken to prevent fugitive 
particulate matter emissions.
    (2) The Regional Administrator may require specific actions to 
prevent fugitive particulate matter emissions, or impose conditions to 
maintain and operate the air pollution source to minimize fugitive 
particulate matter emissions, in a permit to construct or a permit to 
operate for the source.
    (3) Efforts to comply with this section cannot be used as a reason 
for not complying with other applicable laws and ordinances.
    (f) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Agricultural activities, air pollutant, air pollution 
source, ambient air, emission, forestry or silvicultural activities, 
fugitive dust, fugitive particulate matter, owner or operator, 
particulate matter, permit to construct, permit to operate, PM10, 
PM2.5, Regional Administrator, source, stack, and uncombined water.


Sec.  49.127  Rule for woodwaste burners.

    (a) What is the purpose of this section? This section phases out 
the operation of woodwaste burners (commonly known as wigwam or teepee 
burners), and in the interim, limits the visible emissions from 
woodwaste burners within the Indian reservation to control emissions of 
particulate matter to the atmosphere and ground-level concentrations of 
particulate matter.
    (b) Who is affected by this section? This section applies to any 
person who owns or operates a woodwaste burner.
    (c) What are the requirements for woodwaste burners?
    (1) Except as provided by paragraph (c)(3) of this section, the 
owner or operator of a woodwaste burner must shut down and dismantle 
the woodwaste burner by no later than two years after the effective 
date of this section. The requirement for dismantling applies to all 
woodwaste

[[Page 18101]]

burners regardless of whether or not the woodwaste burners are 
currently operational. Until the woodwaste burner is shut down, visible 
emissions from the woodwaste burner must not exceed 20% opacity, 
averaged over any consecutive six-minute period.
    (2) Until the woodwaste burner is shut down, only wood waste 
generated on-site may be burned or disposed of in the woodwaste burner.
    (3) If there is no reasonably available alternative method of 
disposal for the wood waste other than by burning it on-site in a 
woodwaste burner, the owner or operator of the woodwaste burner that is 
in compliance with the opacity limit in paragraph (c)(1) of this 
section, may apply to the Regional Administrator for an extension of 
the two-year deadline. If the Regional Administrator finds that there 
is no reasonably available alternative method of disposal, then a two-
year extension of the deadline may be granted. There is no limit to the 
number of extensions that may be granted by the Regional Administrator.
    (d) What is the reference method for determining compliance with 
the opacity limit?
    (1) The reference method for determining compliance with the 
opacity limit is EPA Method 9. A complete description of this method is 
found in 40 CFR part 60, appendix A.
    (2) [Reserved]
    (e) Are there additional requirements that must be met? A person 
subject to this section must submit a plan to shut down and dismantle 
the woodwaste burner to the Regional Administrator within 180 days 
after the effective date of this section. Unless an extension has been 
granted by the Regional Administrator, the woodwaste burner must be 
shut down and dismantled within two years after the effective date of 
this section. The owner or operator of the woodwaste burner must notify 
the Regional Administrator that the woodwaste burner has been shut down 
and dismantled within 30 days after completion.
    (f) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Air pollutant, ambient air, emission, opacity, owner or 
operator, particulate matter, PM10, PM2.5, reference method, Regional 
Administrator, stationary source, uncombined water, visible emissions, 
wood, and woodwaste burner.


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

    (a) What is the purpose of this section? This section limits the 
amount of particulate matter that may be emitted from certain wood 
products industry sources operating within the Indian reservation to 
control ground-level concentrations of particulate matter.
    (b) Who is affected by this section? This section applies to any 
person who owns or operates any of the following wood products industry 
sources:
    (1) Veneer manufacturing operations;
    (2) Plywood manufacturing operations;
    (3) Particleboard manufacturing operations; and
    (4) Hardboard manufacturing operations.
    (c) What are the PM10 emission limits for wood products industry 
sources? These PM10 limits are in addition to, and not in lieu of, the 
particulate matter limits for combustion sources and process sources.
    (1) Veneer dryers at veneer manufacturing operations and plywood 
manufacturing operations.
    (i) PM10 emissions from direct natural gas fired or direct propane 
fired veneer dryers must not exceed 0.3 pounds per 1000 square feet of 
veneer dried (\3/8\ inch basis), one-hour average.
    (ii) PM10 emissions from steam heated veneer dryers must not exceed 
0.3 pounds per 1000 square feet of veneer dried (\3/8\ inch basis), 
one-hour average.
    (iii) PM10 emissions from wood fired veneer dryers must not exceed 
a total of 0.3 pounds per 1000 square feet of veneer dried (\3/8\ inch 
basis) and 0.2 pounds per 1000 pounds of steam generated in boilers, 
prorated for the amount of combustion gases routed to the veneer dryer, 
one-hour average.
    (2) Wood particle dryers at particleboard manufacturing operation. 
PM10 emissions from wood particle dryers must not exceed a total of 0.4 
pounds per 1000 square feet of board produced by the plant (\3/4\ inch 
basis), one-hour average.
    (3) Press/cooling vents at hardboard manufacturing operations. PM10 
emissions from hardboard press/cooling vents must not exceed 0.3 pounds 
per 1000 square feet of hardboard produced (\1/8\ inch basis), one-hour 
average.
    (4) Tempering ovens at hardboard manufacturing operations. A person 
must not operate any hardboard tempering oven unless all gases and 
vapors are collected and treated in a fume incinerator capable of 
raising the temperature of the gases and vapors to at least 1500 
degrees Fahrenheit for 0.3 seconds or longer.
    (d) What is the reference method for determining compliance? The 
reference method for determining compliance with the PM10 limits is EPA 
Method 202 in conjunction with Method 201A. A complete description of 
these methods is found in appendix M of 40 CFR part 51.
    (e) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Act, combustion source, emissions, hardboard, 
particleboard, particulate matter, plywood, PM10, PM2.5, press/cooling 
vent, process source, tempering oven, veneer, veneer dryer, wood, and 
wood-fired veneer dryer.


Sec.  49.129  Rule for limiting emissions of sulfur dioxide.

    (a) What is the purpose of this section? This section limits the 
amount of sulfur dioxide (SO2) that may be emitted from 
certain air pollution sources operating within the Indian reservation 
to control ground-level concentrations of SO2.
    (b) Who is affected by this section? This section applies to any 
person who owns or operates an air pollution source that emits, or 
could emit, SO2 to the atmosphere.
    (c) What is exempted from this section? This section does not apply 
to furnaces and boilers used exclusively for space heating with a rated 
heat input capacity of less than 400,000 British thermal units (Btu) 
per hour, and mobile sources.
    (d) What are the sulfur dioxide limits for sources?
    (1) Sulfur dioxide emissions from a combustion source stack must 
not exceed an average of 500 parts per million by volume, on a dry 
basis and corrected to seven percent oxygen, during any three-hour 
period.
    (2) Sulfur dioxide emissions from a process source stack, or any 
other stack not subject to (d)(1) of this section, must not exceed an 
average of 500 parts per million by volume, on a dry basis, during any 
three-hour period.
    (e) What are the reference methods for determining compliance?
    (1) The reference methods for determining compliance with the 
SO2 limits are EPA Methods 6, 6A, 6B, and 6C as specified in 
the applicability section of each method. A complete description of 
these methods is found in appendix A of 40 CFR part 60.
    (2) An alternative reference method is a continuous emissions 
monitoring system (CEMS) that complies with

[[Page 18102]]

Performance Specification 2 found in appendix B of 40 CFR part 60.
    (f) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Act, air pollutant, air pollution source, ambient air, 
British thermal unit (Btu), coal, combustion source, continuous 
emissions monitoring system (CEMS), distillate fuel oil, emission, 
fuel, fuel oil, gaseous fuel, heat input, incinerator, marine vessel, 
mobile sources, motor vehicle, nonroad engine, nonroad vehicle, open 
burning, process source, reference method, refuse, residual fuel oil, 
solid fuel, stack, standard conditions, stationary source, used oil, 
wood, and woodwaste burner.


Sec.  49.130  Rule for limiting sulfur in fuels.

    (a) What is the purpose of this section? This section limits the 
amount of sulfur contained in fuels that are burned at stationary 
sources within the Indian reservation to control emissions of sulfur 
dioxide (SO2) to the atmosphere and ground-level 
concentrations of SO2.
    (b) Who is affected by this section? This section applies to any 
person who sells, distributes, uses, or makes available for use, any 
fuel oil, coal, solid fuel, liquid fuel, or gaseous fuel within the 
Indian reservation.
    (c) What is exempted from this section? This section does not apply 
to gasoline and diesel fuel, such as automotive and marine diesel, 
regulated under 40 CFR part 80.
    (d) What are the sulfur limits for fuels? A person must not sell, 
distribute, use, or make available for use any fuel oil, coal, solid 
fuel, liquid fuel, or gaseous fuel that contains more than the 
following amounts of sulfur:
    (1) For distillate fuel oil, 0.3 percent by weight for ASTM Grade 1 
fuel oil;
    (2) For distillate fuel oil, 0.5 percent by weight for ASTM Grade 2 
fuel oil;
    (3) For residual fuel oil, 1.75 percent sulfur by weight for ASTM 
Grades 4, 5, or 6 fuel oil;
    (4) For used oil, 2.0 percent sulfur by weight;
    (5) For any liquid fuel not listed in paragraphs (d)(1) through 
(d)(4) of this section, 2.0 percent sulfur by weight;
    (6) For coal, 1.0 percent sulfur by weight;
    (7) For solid fuels, 2.0 percent sulfur by weight;
    (8) For gaseous fuels, 1.1 grams of sulfur per dry standard cubic 
meter of gaseous fuel (400 parts per million at standard conditions).
    (e) What are the reference methods for determining compliance? The 
reference methods for determining the amount of sulfur in a fuel are as 
follows:
    (1) Sulfur content in fuel oil or liquid fuels: ASTM methods D2880-
03, D4294-03, and D6021-96 (Reapproved 2001)[isin]1 
(incorporated by reference, see Sec.  49.123(e));
    (2) Sulfur content in coal: ASTM methods D3177-02, D4239-04a, and 
D2492-02 (incorporated by reference, see Sec.  49.123(e));
    (3) Sulfur content in solid fuels: ASTM method E775-
87[isin]1 (Reapproved 2004) (incorporated by reference, see 
Sec.  49.123(e));
    (4) Sulfur content in gaseous fuels: ASTM methods D1072-
90(Reapproved 1999), D3246-96, D4084-94[isin]1 (Reapproved 
1999), D5504-01, D4468-85[isin]1 (Reapproved 2000), D2622-
03, and D6228-98[isin]1 (Reapproved 2003) (incorporated by 
reference, see Sec.  49.123(e)).
    (f) Are there additional requirements that must be met?
    (1) A person subject to this section must:
    (i) For fuel oils and liquid fuels, obtain, record, and keep 
records of the percent sulfur by weight from the vendor for each 
purchase of fuel. If the vendor is unable to provide this information, 
then obtain a representative grab sample for each purchase and test the 
sample using the reference method.
    (ii) For gaseous fuels, either obtain, record, and keep records of 
the sulfur content from the vendor, or continuously monitor the sulfur 
content of the fuel gas line using a method that meets the requirements 
of Performance Specification 5, 7, 9, or 15 (as applicable for the 
sulfur compounds in the gaseous fuel) of appendix B and appendix F of 
40 CFR part 60. If only purchased natural gas is used, then keep 
records showing that the gaseous fuel meets the definition of natural 
gas in 40 CFR 72.2.
    (iii) For coal and solid fuels, either obtain, record, and keep 
records of the percent sulfur by weight from the vendor for each 
purchase of coal or solid fuel, or obtain a representative grab sample 
for each day of operation and test the sample using the reference 
method. If only wood is used, then keep records showing that only wood 
was used. The owner or operator of a coal- or solid fuel-fired source 
may apply to the Regional Administrator for a waiver of thisprovision 
or for approval of an alternative fuel sampling program.
    (2) Records of fuel purchases and fuel sulfur content must be kept 
for a period of five years from date of purchase and must be made 
available to the Regional Administrator upon request.
    (3) The owner or occupant of a single-family residence, and the 
owner or manager of a residential building with four or fewer dwelling 
units, is not subject to the requirement to obtain and record the 
percent sulfur content from the vendor if the fuel used in an oil, 
coal, or gas furnace is purchased from a licensed fuel distributor.
    (g) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Act, air pollutant, ambient air, coal, distillate fuel oil, 
emission, fuel, fuel oil, gaseous fuel, marine vessel, mobile sources, 
motor vehicle, nonroad engine, nonroad vehicle, owner or operator, 
reference method, refuse, Regional Administrator, residual fuel oil, 
solid fuel, source, standard conditions, stationary source, used oil, 
and wood.


Sec.  49.131  General rule for open burning.

    (a) What is the purpose of this section? This section limits the 
types of materials that can be openly burned within the Indian 
reservation to control emissions of particulate matter and other 
noxious fumes to the atmosphere and ground-level concentrations of 
particulate matter. It is EPA's goal to eliminate open burning disposal 
practices where alternative methods are feasible and practicable, to 
encourage the development of alternative disposal methods, to emphasize 
resource recovery, and to encourage utilization of the highest and best 
practicable burning methods to minimize emissions where other disposal 
practices are not feasible.
    (b) Who is affected by this section? This section applies to any 
person who conducts open burning and to the owner of the property upon 
which open burning is conducted.
    (c) What is exempted from this section? The following open fires 
are exempted from this section:
    (1) Outdoor fires set for cultural or traditional purposes;
    (2) Fires set for cultural or traditional purposes within 
structures such as sweat houses or lodges;
    (3) Except during a burn ban under paragraphs (d)(2) and (d)(3) of 
this section, fires set for recreational purposes provided that no 
prohibited materials are burned;
    (4) Except during a burn ban under paragraphs (d)(2) and (d)(3) of 
this section and with prior permission from the Regional Administrator, 
open outdoor fires used by qualified personnel to train firefighters in 
the methods of fire suppression and fire fighting techniques, provided 
that training fires are not allowed to smolder after the training 
session has terminated. Prior to igniting any structure, the fire 
protection service must ensure that the structure does not contain any 
asbestos

[[Page 18103]]

or asbestos-containing materials; batteries; stored chemicals such as 
pesticides, herbicides, fertilizers, paints, glues, sealers, tars, 
solvents, household cleaners, or photographic reagents; stored 
linoleum, plastics, rubber, tires, or insulated wire; or hazardous 
wastes. Before requesting permission from the Regional Administrator, 
the fire protection service must notify any appropriate Tribal air 
pollution authority and obtain any permissions or approvals required by 
the Tribe, and by any other governments with applicable laws and 
ordinances;
    (5) Except during a burn ban under paragraphs (d)(2) and (d)(3) of 
this section and with prior permission from the Regional Administrator, 
one open outdoor fire each year to dispose of fireworks and associated 
packaging materials. Before requesting permission from the Regional 
Administrator, the owner or operator must notify any appropriate Tribal 
air pollution authority and obtain any permissions or approvals 
required by the Tribe, and by any other governments with applicable 
laws and ordinances;
    (6) Except during a burn ban under paragraphs (d)(2) and (d)(3) of 
this section, open burning for the disposal of diseased animals or 
other material by order of a public health official.
    (d) What are the requirements for open burning?
    (1) A person must not openly burn, or allow the open burning of, 
the following materials:
    (i) Garbage;
    (ii) Dead animals or parts of dead animals;
    (iii) Junked motor vehicles or any materials resulting from a 
salvage operation;
    (iv) Tires or rubber materials or products;
    (v) Plastics, plastic products, or styrofoam;
    (vi) Asphalt or composition roofing, or any other asphaltic 
material or product;
    (vii) Tar, tarpaper, petroleum products, or paints;
    (viii) Paper, paper products, or cardboard other than what is 
necessary to start a fire or that is generated at single-family 
residences or residential buildings with four or fewer dwelling units 
and is burned at the residential site;
    (ix) Lumber or timbers treated with preservatives;
    (x) Construction debris or demolition waste;
    (xi) Pesticides, herbicides, fertilizers, or other chemicals;
    (xii) Insulated wire;
    (xiii) Batteries;
    (xiv) Light bulbs;
    (xv) Materials containing mercury (e.g., thermometers);
    (xvi) Asbestos or asbestos-containing materials;
    (xvii) Pathogenic wastes;
    (xviii) Hazardous wastes; or
    (xix) Any material other than natural vegetation that normally 
emits dense smoke or noxious fumes when burned.
    (2) Except for exempted fires set for cultural or traditional 
purposes, all open burning is prohibited whenever the Regional 
Administrator declares a burn ban due to deteriorating air quality. A 
burn ban may be declared whenever the Regional Administrator determines 
that air quality levels have exceeded, or are expected to exceed, 75% 
of any national ambient air quality standard for particulate matter, 
and these levels are projected to continue or reoccur over at least the 
next 24 hours.
    (3) Except for exempted fires set for cultural or traditional 
purposes, all open burning is prohibited whenever the Regional 
Administrator issues an air stagnation advisory or declares an air 
pollution alert, air pollution warning, or air pollution emergency 
pursuant to Sec.  49.137 Rule for air pollution episodes.
    (4) Nothing in this section exempts or excuses any person from 
complying with applicable laws and ordinances of local fire departments 
and other governmental jurisdictions.
    (e) Are there additional requirements that must be met?
    (1) A person subject to this section must conduct open burning as 
follows:
    (i) All materials to be openly burned must be kept as dry as 
possible through the use of a cover or dry storage;
    (ii) Before igniting a burn, noncombustibles must be separated from 
the materials to be openly burned to the greatest extent practicable;
    (iii) Natural or artificially induced draft must be present, 
including the use of blowers or air curtain incinerators where 
practicable;
    (iv) To the greatest extent practicable, materials to be openly 
burned must be separated from the grass or peat layer; and
    (v) A fire must not be allowed to smolder.
    (2) Except for exempted fires set for cultural or traditional 
purposes, a person must not initiate any open burning when:
    (i) The Regional Administrator has declared a burn ban;
    (ii) An air stagnation advisory has been issued or an air pollution 
alert, warning, or emergency has been declared by the Regional 
Administrator.
    (3) Except for exempted fires set for cultural or traditional 
purposes, any person conducting open burning when such an advisory is 
issued or declaration is made must either immediately extinguish the 
fire, or immediately withhold additional material such that the fire 
burns down.
    (f) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Air pollutant, ambient air, emission, open burning, 
particulate matter, PM10, PM2.5, Regional Administrator, stack, and 
uncombined water.


Sec.  49.132  Rule for general open burning permits.

    (a) What is the purpose of this section? This section establishes a 
permitting program for open burning within the Indian reservation to 
control emissions of particulate matter and other noxious fumes to the 
atmosphere and ground-level concentrations of particulate matter.
    (b) Who is affected by this section? This section applies to any 
person who conducts open burning.
    (c) What is exempted from this section? The following open fires 
are exempted from this section:
    (1) Outdoor fires set for cultural or traditional purposes;
    (2) Fires set for cultural or traditional purposes within 
structures such as sweat houses or lodges;
    (3) Fires set for recreational purposes, provided that no 
prohibited materials are burned;
    (4) Forestry and silvicultural burning; and
    (5) Agricultural burning.
    (d) What are the requirements for open burning?
    (1) A person must apply for and obtain a permit for the open burn, 
have the permit available on-site during the open burn, and conduct the 
open burning in accordance with the terms and conditions of the permit.
    (2) The date after which a person must apply for and obtain a 
permit under this section is identified in the implementation plan in 
subpart M of this part for the specific reservation where this section 
applies.
    (3) A person must comply with the Sec.  49.131 General rule for 
open burning or the EPA-approved Tribal open burning rule, as 
applicable.
    (4) Nothing in this section exempts or excuses any person from 
complying with any applicable laws and ordinances of local fire 
departments or other governmental jurisdictions.
    (e) Are there additional requirements that must be met?
    (1) A person subject to this section must submit an application to 
the

[[Page 18104]]

Regional Administrator for each proposed open burn. An application must 
be submitted in writing at least one working day, and no earlier than 
five working days, prior to the requested date that the burn would be 
conducted, and must contain, at a minimum, the following information:
    (i) Street address of the property upon that the proposed open 
burning will occur, or if there is no street address of the property, 
the legal description of the property.
    (ii) Name, mailing address, and telephone number of the person who 
will be responsible for conducting the proposed open burning.
    (iii) A plot plan showing the location of the proposed open burning 
in relation to the property lines and indicating the distances and 
directions of the nearest residential and commercial properties.
    (iv) The type and quantity of materials proposed to be burned, 
including the estimated volume of material to be burned and the area 
over which burning will be conducted.
    (v) A description of the measures that will be taken to prevent 
escaped burns, including but not limited to the availability of water.
    (vi) The requested date when the proposed open burning would be 
conducted and the duration of the burn if it is more than one day.
    (vii) Any other information specifically requested by the Regional 
Administrator.
    (2) If the proposed open burning is consistent with this section 
and Sec.  49.131 General rule for open burning, or the EPA-approved 
Tribal open burning rule, the Regional Administrator may issue a burn 
permit. The permit will authorize burning only for the requested 
date(s) and will include any conditions that the Regional Administrator 
determines are necessary to ensure compliance with this section, Sec.  
49.131 General rule for open burning or the EPA-approved Tribal open 
burning rule, and to protect the public health and welfare.
    (3) When reviewing an application, the Regional Administrator will 
take into consideration relevant factors including, but not limited to, 
the size, duration, and location of the proposed open burn, the current 
and projected air quality conditions, the forecasted meteorological 
conditions, and other scheduled burning activities in the surrounding 
area. Where the Regional Administrator determines that the proposed 
open burning can be conducted without causing an adverse impact on air 
quality, a permit may be issued.
    (4) The Regional Administrator, to the extent practical, will 
coordinate the issuance of open burning permits with the open burning 
permit programs of surrounding jurisdictions.
    (f) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Agricultural burning, air pollutant, ambient air, emission, 
forestry or silvicultural burning, open burning, particulate matter, 
PM10, PM2.5, Regional Administrator, stack, and uncombined water.


Sec.  49.133  Rule for agricultural burning permits.

    (a) What is the purpose of this section? This section establishes a 
permitting program for agricultural burning within the Indian 
reservation to control emissions of particulate matter and other 
noxious fumes to the atmosphere and ground-level concentrations of 
particulate matter.
    (b) Who is affected by this section? This section applies to any 
person who conducts agricultural burning.
    (c) What are the requirements for agricultural burning?
    (1) A person must apply for a permit to conduct an agricultural 
burn, obtain approval of the permit on the day of the burn, have the 
permit available onsite during the burn, and conduct the burn in 
accordance with the terms and conditions of the permit.
    (2) The date after which a person must apply for and obtain 
approval of a permit under this section is identified in the 
implementation plan in subpart M of this part for the specific 
reservation where this section applies.
    (3) A person must comply with Sec.  49.131 General rule for open 
burning or the EPA-approved Tribal open burning rule, as applicable.
    (4) Nothing in this section exempts or excuses any person from 
complying with any applicable laws and ordinances of local fire 
departments or other governmental jurisdictions.
    (d) Are there additional requirements that must be met?
    (1) A person subject to this section must submit an application to 
the Regional Administrator for each proposed agricultural burn. An 
application must contain, at a minimum, the following information:
    (i) Street address of the property upon which the proposed 
agricultural burning will occur or, if there is no street address of 
the property, the legal description of the property.
    (ii) Name, mailing address, and telephone number of the applicant 
and the person who will be responsible for conducting the proposed 
agricultural burning.
    (iii) A plot plan showing the location of each proposed 
agricultural burning area in relation to the property lines and 
indicating the distances and directions of the nearest residential, 
public, and commercial properties, roads, and other areas that could be 
impacted by the burning.
    (iv) The type and quantity of agricultural wastes proposed to be 
burned, including the estimated weight of material to be burned and the 
area over which burning will be conducted.
    (v) A description of the burning method(s) to be used (pile or 
stack burn, open field or broadcast burn, windrow burn, mobile field 
sanitizer, etc.) and the amount of material to be burned with each 
method.
    (vi) A description of the measures that will be taken to prevent 
escaped burns, including but not limited to the availability of water 
and plowed firebreaks.
    (vii) The requested date(s) when the proposed agricultural burning 
would be conducted.
    (viii) Any other information specifically requested by the Regional 
Administrator.
    (2) If the proposed agricultural burning is consistent with this 
section and Sec.  49.131 General rule for open burning, or the EPA-
approved Tribal open burning rule, the Regional Administrator may 
approve the agricultural burning permit and authorize burning on the 
day burning is to be conducted after taking into consideration relevant 
factors including, but not limited to:
    (i) The size, duration, and location of the proposed burn, the 
current and projected air quality conditions, the forecasted 
meteorological conditions, and other scheduled burning activities in 
the surrounding area; and
    (ii) Other factors indicating whether or not the proposed 
agricultural burning can be conducted without causing an adverse impact 
on air quality.
    (3) The Regional Administrator, to the extent practical, will 
consult with and coordinate approvals to burn with the open burning 
programs of surrounding jurisdictions.
    (e) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Agricultural burning or agricultural burn, air pollutant, 
ambient air, emission, open burning, particulate matter, PM10, PM2.5, 
Regional Administrator, stack, and uncombined water.

[[Page 18105]]

Sec.  49.134  Rule for forestry and silvicultural burning permits.

    (a) What is the purpose of this section? This section establishes a 
permitting program for forestry and silvicultural burning within the 
Indian reservation to control emissions of particulate matter and other 
noxious fumes to the atmosphere and ground-level concentrations of 
particulate matter.
    (b) Who is affected by this section? This section applies to any 
person who conducts forestry or silvicultural burning.
    (c) What are the requirements for forestry and silvicultural 
burning?
    (1) A person must apply for a permit to conduct a forestry or 
silvicultural burn, obtain approval of the permit on the day of the 
burn, have the permit available on-site during the burn, and conduct 
the burn in accordance with the terms and conditions of the permit.
    (2) The date after which a person must apply for and obtain 
approval of a permit under this section is identified in the 
implementation plan in subpart M of this part for the specific 
reservation where this section applies.
    (3) A person must comply with Sec.  49.131 General rule for open 
burning or the EPA-approved Tribal open burning rule, as applicable.
    (4) Nothing in this section exempts or excuses any person from 
complying with any applicable laws and ordinances of local fire 
departments or other governmental jurisdictions.
    (d) Are there additional requirements that must be met?
    (1) A person subject to this section must submit an application to 
the Regional Administrator for each proposed forestry or silvicultural 
burn. An application must contain, at a minimum, the following 
information:
    (i) Street address of the property upon which the proposed forestry 
or silvicultural burning will occur or, if there is no street address 
of the property, the legal description of the property.
    (ii) Name, mailing address, and telephone number of the person who 
will be responsible for conducting the proposed forestry or 
silvicultural burning.
    (iii) A plot plan showing the location of the proposed forestry or 
silvicultural burning in relation to the property lines and indicating 
the distances and directions of the nearest residential, public, and 
commercial properties, roads, and other areas that could be affected by 
the burning.
    (iv) The type and quantity of forestry or silvicultural residues 
proposed to be burned, including the estimated weight of material to be 
burned and the area over which burning will be conducted.
    (v) A description of the burning method(s) to be used (pile burn, 
broadcast burn, windrow burn, understory burn, etc.) and the amount of 
material to be burned with each method.
    (vi) A description of the measures that will be taken to prevent 
escaped burns, including but not limited to the availability of water 
and firebreaks.
    (vii) The requested date(s) that the proposed forestry or 
silvicultural burning would be conducted.
    (viii) Any other information specifically requested by the Regional 
Administrator.
    (2) If the proposed forestry or silvicultural burning is consistent 
with this section and Sec.  49.131 General rule for open burning, or 
the EPA-approved Tribal open burning rule, the Regional Administrator 
may approve the forestry or silvicultural burning permit and authorize 
burning on the day burning is to be conducted after taking into 
consideration relevant factors including, but not limited to:
    (i) The size, duration, and location of the proposed burn, the 
current and projected air quality conditions, the forecasted 
meteorological conditions, and other scheduled burning activities in 
the surrounding area; and
    (ii) Other factors indicating whether or not the proposed forestry 
or silvicultural burning can be conducted without causing an adverse 
impact on air quality.
    (3) The Regional Administrator, to the extent practical, will 
consult with and coordinate approvals to burn with the open burning 
programs of surrounding jurisdictions.
    (e) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Air pollutant, ambient air, emission, forestry or 
silvicultural burning, open burning, particulate matter, PM10, PM2.5, 
Regional Administrator, stack, and uncombined water.


Sec.  49.135  Rule for emissions detrimental to public health or 
welfare.

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


Sec.  49.136  [Reserved]


Sec.  49.137  Rule for air pollution episodes.

    (a) What is the purpose of this section? This section establishes 
procedures for addressing the excessive buildup of certain air 
pollutants during periods of stagnant air. This section is intended to 
prevent the occurrence of an air pollution emergency within the Indian 
reservation due to the effects of these air pollutants on human health.

[[Page 18106]]

    (b) Who is affected by this section? This section applies to the 
Regional Administrator and any person who owns or operates an air 
pollution source within the Indian reservation.
    (c) What are the requirements of this section?
    (1) Air pollution action level triggers. Conditions justifying the 
declaration of an air pollution alert, air pollution warning, or air 
pollution emergency exist whenever the Regional Administrator 
determines that the accumulation of air pollutants in any place is 
approaching, or has reached, levels that could lead to a threat to 
human health. The following criteria will be used for making these 
determinations:
    (i) Air stagnation advisory. An air stagnation advisory may be 
issued by the Regional Administrator whenever meteorological conditions 
over a large area are conducive to the buildup of air pollutants.
    (ii) Air pollution alert. An air pollution alert may be declared by 
the Regional Administrator when any one of the following levels is 
reached, or is projected to be reached, at any monitoring site and the 
meteorological conditions are such that the level is expected to 
continue or reoccur over the next 24 hours.
    (A) Particulate matter (PM10): 350 micrograms per cubic meter, 24-
hour average;
    (B) Carbon monoxide (CO): 17 milligrams per cubic meter (15 ppm), 
8-hour average;
    (C) Sulfur dioxide (SO2): 800 micrograms per cubic meter 
(0.3 ppm), 24-hour average;
    (D) Ozone (O3): 400 micrograms per cubic meter (0.2 
ppm), 1-hour average;
    (E) Nitrogen dioxide (NO2): 1,130 micrograms per cubic 
meter (0.6 ppm), 1-hour average; and 282 micrograms per cubic meter 
(0.15 ppm), 24-hour average.
    (iii) Air pollution warning. An air pollution warning may be 
declared by the Regional Administrator when any one of the following 
levels is reached, or is projected to be reached, at any monitoring 
site and the meteorological conditions are such that the level is 
expected to continue or reoccur over the next 24 hours.
    (A) Particulate matter (PM10): 420 micrograms per cubic meter, 24-
hour average;
    (B) Carbon monoxide (CO): 34 milligrams per cubic meter (30 ppm), 
8-hour average;
    (C) Sulfur dioxide (SO2): 1,600 micrograms per cubic 
meter (0.6 ppm), 24-hour average;
    (D) Ozone (O3): 800 micrograms per cubic meter (0.4 
ppm), 1-hour average;
    (E) Nitrogen dioxide (NO2): 2,260 micrograms per cubic 
meter (1.2 ppm), 1-hour average; and 565 micrograms per cubic meter 
(0.3 ppm), 24-hour average.
    (iv) Air pollution emergency. An air pollution emergency may be 
declared by the Regional Administrator when any one of the following 
levels is reached, or is projected to be reached, at any monitoring 
site and the meteorological conditions are such that the level is 
expected to continue or reoccur over the next 24 hours.
    (A) Particulate matter (PM10): 500 micrograms per cubic meter, 24-
hour average;
    (B) Carbon monoxide (CO): 46 milligrams per cubic meter (40 ppm), 
8-hour average;
    (C) Sulfur dioxide (SO2): 2,100 micrograms per cubic 
meter (0.8 ppm), 24-hour average;
    (D) Ozone (O3): 1,000 micrograms per cubic meter (0.5 
ppm), 1-hour average;
    (E) Nitrogen dioxide (NO2): 3,000 micrograms per cubic 
meter (1.6 ppm), 1-hour average; and 750 micrograms per cubic meter 
(0.4 ppm), 24-hour average.
    (v) Termination. Once declared, an air pollution alert, warning, or 
emergency will remain in effect until the Regional Administrator makes 
a new determination and declares a new level.
    (2) Announcements by the Regional Administrator. The Regional 
Administrator will request that announcement of an air stagnation 
advisory, air pollution alert, air pollution warning, or air pollution 
emergency be broadcast on local television and radio stations in the 
affected area and posted on their websites. Announcements will also be 
posted on the EPA Region 10 website and, where possible, on the 
websites of Tribes within the affected area. These announcements will 
indicate that air pollution levels exist that could potentially be 
harmful to human health and indicate actions that people can take to 
reduce exposure. The announcements will also request voluntary actions 
to reduce emissions from sources of air pollutants as well as indicate 
that a ban on open burning is in effect.
    (3) Voluntary curtailment of emissions by sources. Whenever the 
Regional Administrator declares an air stagnation advisory, air 
pollution alert, air pollution warning, or air pollution emergency, 
sources of air pollutants will be requested to take voluntary actions 
to reduce emissions. People should refrain from using their wood-stoves 
and fireplaces unless they are their sole source of heat. People should 
reduce their use of motor vehicles to the extent possible. Industrial 
sources should curtail operations or switch to a cleaner fuel if 
possible.
    (4) Mandatory curtailment of emissions by order of the Regional 
Administrator.
    (i) Except for exempted fires set for cultural or traditional 
purposes, all open burning is prohibited whenever the Regional 
Administrator issues an air stagnation advisory or declares an air 
pollution alert, air pollution warning, or air pollution emergency. 
Except for exempted fires set for cultural or traditional purposes, all 
open burning is prohibited when a burn ban is declared pursuant to 
Sec.  49.131 General rule for open burning or the EPA-approved Tribal 
open burning rule.
    (ii) Except for exempted fires set for cultural or traditional 
purposes, any person conducting open burning when such an advisory is 
issued or declaration is made must either immediately extinguish the 
fire, or immediately withhold additional material such that the fire 
burns down.
    (iii) During an air pollution warning or air pollution emergency, 
the Regional Administrator may issue an order to any air pollution 
source requiring such source to curtail or eliminate the emissions.
    (d) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Air pollutant, air pollution source, ambient air, emission, 
fuel, motor vehicle, open burning, Regional Administrator, and source.


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

    (a) What is the purpose of this section? This section allows the 
Regional Administrator to develop and maintain a current and accurate 
record of air pollution sources and their emissions within the Indian 
reservation.
    (b) Who is affected by this section? This section applies to any 
person who owns or operates a part 71 source or an air pollution source 
that is subject to a standard established under section 111 or section 
112 of the Federal Clean Air Act. This section also applies to any 
person who owns or operates any other air pollution source except those 
exempted in paragraph (c) of this section.
    (c) What is exempted from this section? As provided in paragraph 
(b) of this section, this section does not apply to the following air 
pollution sources:

[[Page 18107]]

    (1) Air pollution sources that do not have the potential to emit 
more than two tons per year of any air pollutant;
    (2) Mobile sources;
    (3) Single family residences, and residential buildings with four 
or fewer dwelling units;
    (4) Air conditioning units used for human comfort that do not 
exhaust air pollutants into the atmosphere from any manufacturing or 
industrial process;
    (5) Ventilating units used for human comfort that do not exhaust 
air pollutants into the atmosphere from any manufacturing or industrial 
process;
    (6) Furnaces and boilers used exclusively for space heating with a 
rated heat input capacity of less than 400,000 British thermal units 
(Btu) per hour;
    (7) Cooking of food, except for wholesale businesses that both cook 
and sell cooked food;
    (8) Consumer use of office equipment and products;
    (9) Janitorial services and consumer use of janitorial products;
    (10) Maintenance and repair activities, except for air pollution 
sources engaged in the business of maintaining and repairing equipment;
    (11) Agricultural activities and forestry and silvicultural 
activities, including agricultural burning and forestry and 
silvicultural burning; and
    (12) Open burning.
    (d) What are the requirements of this section? Any person who owns 
or operates an air pollution source subject to this section, except for 
part 71 sources, must register the source with the Regional 
Administrator and submit reports as specified in paragraph (e) of this 
section. Any person who owns or operates a part 71 source must submit 
reports as specified in paragraph (f) of this section. All registration 
information and reports must be submitted on forms provided by the 
Regional Administrator.
    (e) Are there additional requirements that must be met? Any person 
who owns or operates an air pollution source subject to this section, 
except for part 71 sources, must register an air pollution source and 
submit reports as follows:
    (1) Initial registration. The owner or operator of an air pollution 
source that exists on the effective date of this section must register 
the air pollution source with the Regional Administrator by no later 
than February 15, 2007. The owner or operator of a new air pollution 
source must register with the Regional Administrator within 90 days 
after beginning operation. Submitting an initial registration does not 
relieve the owner or operator from the requirement to obtain a permit 
to construct if the new air pollution source would be a new source or 
modification subject to any Federal or Tribal permit to construct rule.
    (2) Annual registration. After initial registration, the owner or 
operator of an air pollution source must re-register with the Regional 
Administrator by February 15 of each year. The annual registration must 
include all of the information required in the initial registration and 
must be updated to reflect any changes since the previous registration. 
For information that has not changed since the previous registration, 
the owner or operator may reaffirm in writing that the information 
previously furnished to the Regional Administrator is still correct.
    (3) Information to include in initial registration and annual 
registration. Each initial registration and annual registration must 
include the following information if it applies:
    (i) Name of the air pollution source and the nature of the 
business.
    (ii) Street address, telephone number, and facsimile number of the 
air pollution source.
    (iii) Name, mailing address, and telephone number of the owner or 
operator.
    (iv) Name, mailing address, telephone number, and facsimile number 
of the local individual responsible for compliance with this section.
    (v) Name and mailing address of the individual authorized to 
receive requests for data and information.
    (vi) A description of the production processes, air pollution 
control equipment, and a related flow chart.
    (vii) Identification of emission units and air pollutant-generating 
activities.
    (viii) A plot plan showing the location of all emission units and 
air pollutant-generating activities. The plot plan must also show the 
property lines of the air pollution source, the height above grade of 
each emission release point, and the distance and direction to the 
nearest residential or commercial property.
    (ix) Type and quantity of fuels, including the sulfur content of 
fuels, used on a daily, annual, and maximum hourly basis.
    (x) Type and quantity of raw materials used or final product 
produced on a daily, annual, and maximum hourly basis.
    (xi) Typical operating schedule, including number of hours per day, 
number of days per week, and number of weeks per year.
    (xii) Estimates of the total actual emissions from the air 
pollution source for the following air pollutants: particulate matter, 
PM10, PM2.5, sulfur oxides (SOX), nitrogen oxides 
(NOX), carbon monoxide (CO), volatile organic compounds 
(VOC), lead (Pb) and lead compounds, ammonia (NH3), 
fluorides (gaseous and particulate), sulfuric acid mist 
(H2SO4), hydrogen sulfide (H2S), total 
reduced sulfur (TRS), and reduced sulfur compounds, including all 
calculations for the estimates.
    (xiii) Estimated efficiency of air pollution control equipment 
under present or anticipated operating conditions.
    (xiv) Any other information specifically requested by the Regional 
Administrator.
    (4) Procedure for estimating emissions. The initial registration 
and annual registration must include an estimate of actual emissions 
taking into account equipment, operating conditions, and air pollution 
control measures. For an existing air pollution source that operated 
during the calendar year preceding the initial registration or annual 
registration submittal, the actual emissions are the actual rate of 
emissions for the preceding calendar year and must be calculated using 
the actual operating hours, production rates, in-place control 
equipment, and types of materials processed, stored, or combusted 
during the preceding calendar year. For a new air pollution source that 
is submitting its initial registration, the actual emissions are the 
estimated actual rate of emissions for the current calendar year. The 
emission estimates must be based upon actual test data or, in the 
absence of such data, upon procedures acceptable to the Regional 
Administrator. Any emission estimates submitted to the Regional 
Administrator must be verifiable using currently accepted engineering 
criteria. The following procedures are generally acceptable for 
estimating emissions from air pollution sources:
    (i) Source-specific emission tests;
    (ii) Mass balance calculations;
    (iii) Published, verifiable emission factors that are applicable to 
the source;
    (iv) Other engineering calculations; or
    (v) Other procedures to estimate emissions specifically approved by 
the Regional Administrator.
    (5) Report of relocation. After initial registration, the owner or 
operator of an air pollution source must report any relocation of the 
source to the Regional Administrator in writing no later than 30 days 
prior to the relocation of the source. The report must update the 
information required in paragraphs (e)(3)(i) through (e)(3)(v) and 
(e)(3)(viii) of this section, and any other information required by 
paragraph (e)(3) of this section if it will change as a result of the 
relocation. Submitting a report of relocation does not relieve the 
owner or operator from the requirement

[[Page 18108]]

to obtain a permit to construct if the relocation of the air pollution 
source would be a new source or modification subject to any Federal or 
Tribal permit to construct rule.
    (6) Report of change of ownership. After initial registration, the 
owner or operator of an air pollution source must report any change of 
ownership to the Regional Administrator in writing within 90 days after 
the change in ownership is effective. The report must update the 
information required in paragraphs (e)(3)(i) through (e)(3)(v) of this 
section, and any other information required by paragraph (e)(3) of this 
section if it would change as a result of the change of ownership.
    (7) Report of closure. Except for regular seasonal closures, after 
initial registration, the owner or operator of an air pollution source 
must submit a report of closure to the Regional Administrator in 
writing within 90 days after the cessation of all operations at the air 
pollution source.
    (8) Certification of truth, accuracy, and completeness. All 
registrations and reports must include a certification signed by the 
owner or operator as to the truth, accuracy, and completeness of the 
information. This certification must state that, based on information 
and belief formed after reasonable inquiry, the statements and 
information are true, accurate, and complete.
    (f) Requirements for part 71 sources. The owner or operator of a 
part 71 source must submit an annual registration report that includes 
the information required by paragraphs (e)(3) and (e)(4) of this 
section. This annual registration report must be submitted with the 
annual emission report and fee calculation worksheet required by part 
71 (or by the source's part 71 permit if a different date is specified 
in the permit). The owner or operator may submit a single combined 
report provided that the combined report clearly identifies which 
emissions are the basis for the annual registration report, the part 71 
annual emission report, and the part 71 fee calculation worksheet. The 
first annual registration report for a part 71 source shall be 
submitted for calendar year 2006, or for the calendar year that the 
source became subject to part 71, whichever is later.
    (g) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Act, actual emissions, agricultural activities, air 
pollutant, air pollution source, ambient air, British thermal unit 
(Btu), emission, emission factor, emission unit, forestry or 
silvicultural activities, forestry or silvicultural burning, fuel, 
major source, marine vessel, mobile source, motor vehicle, new air 
pollution source, nonroad engine, nonroad vehicle, open burning, owner 
or operator, part 71 source, particulate matter, permit to construct, 
PM10, PM2.5, potential to emit, rated capacity, Regional Administrator, 
source, stack, stationary source, and uncombined water.


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

    (a) What is the purpose of this section? This section establishes a 
permitting program to provide for the establishment of Federally-
enforceable requirements for air pollution sources within the Indian 
reservation.
    (b) Who is affected by this section?
    (1) This section applies to:
    (i) The owner or operator of any air pollution source who wishes to 
obtain a Federally-enforceable limitation on the source's actual 
emissions or potential to emit;
    (ii) Any air pollution source for which the Regional Administrator 
determines that additional Federally-enforceable requirements are 
necessary to ensure compliance with the implementation plan; or
    (iii) Any air pollution source for which the Regional Administrator 
determines that additional Federally-enforceable requirements are 
necessary to ensure the attainment and maintenance of any national 
ambient air quality standard or prevention of significant deterioration 
increment.
    (2) To the extent allowed by 40 CFR part 71, or a Tribal operating 
permit program approved pursuant to 40 CFR part 70, a Title V operating 
permit may be used in lieu of an operating permit under this section to 
establish the limitations or requirements in paragraph (b)(1) of this 
section.
    (c) What are the procedures for obtaining an owner-requested 
operating permit?
    (1) The owner or operator of an air pollution source who wishes to 
obtain a Federally-enforceable limitation on the source's actual 
emissions or potential to emit must submit an application to the 
Regional Administrator requesting such limitation. The application must 
be submitted on forms provided by the Regional Administrator and 
contain the information specified in paragraph (d) of this section.
    (2) Within 60 days after receipt of an application, the Regional 
Administrator will determine if it contains the information specified 
in paragraph (d) of this section and if so, will deem it complete for 
the purpose of preparing a draft permit to operate. If the Regional 
Administrator determines that the application is incomplete, it will be 
returned to the owner or operator along with a description of the 
necessary information that must be submitted for the application to be 
deemed complete.
    (3) The Regional Administrator will prepare a draft permit to 
operate and a draft technical support document that describes the 
proposed limitation and its effect on the actual emissions and/or 
potential to emit of the air pollution source.
    (4) The Regional Administrator will provide a copy of the draft 
permit to operate and draft technical support document to the owner or 
operator of the air pollution source and will provide an opportunity 
for the owner or operator to meet with EPA and discuss the proposed 
limitations.
    (5) The Regional Administrator will provide an opportunity for 
public comment on the draft permit to operate as follows:
    (i) A copy of the draft permit to operate, the draft technical 
support document, the permit application, and all other supporting 
materials will be made available for public inspection in at least one 
location in the area affected by the air pollution source.
    (ii) A notice will be made by prominent advertisement in a 
newspaper of general circulation in the area affected by the air 
pollution source of the availability of the draft permit to operate and 
supporting materials and of the opportunity to comment. Where possible, 
notices will also be made in the Tribal newspaper.
    (iii) Copies of the notice will be provided to the owner or 
operator of the air pollution source, the Tribal governing body, and 
the Tribal, State, and local air pollution authorities having 
jurisdiction in areas outside of the Indian reservation potentially 
impacted by the air pollution source.
    (iv) A 30-day period for submittal of public comments will be 
provided starting upon the date of publication of the notice. If 
requested, the Regional Administrator may hold a public hearing and/or 
extend the public comment period for up to an additional 30 days.
    (6) After the close of the public comment period, the Regional 
Administrator will review all comments received and prepare a final 
permit to operate and final technical support document. The final 
technical support document will include a response to all comments 
received during the public comment period.
    (7) The final permit to operate and final technical support 
document will

[[Page 18109]]

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

[[Page 18110]]

the draft permit was made available. In addition, the final permit to 
operate and final technical support document will be sent to all 
persons who provided comments on the draft permit to operate.
    (8) The final permit to operate will be a final agency action for 
purposes of administrative appeal and judicial review.
    (f) Definitions of terms used in this section. The following terms 
that are used in this section are defined in Sec.  49.123 General 
provisions: Act, actual emissions, air pollutant, air pollution source, 
allowable emissions, ambient air, emission, emission factor, Federally 
enforceable, implementation plan, owner or operator, potential to emit, 
and Regional Administrator.


Sec. Sec.  49.140-49.200  [Reserved]

0
5. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.9861 through 49.9870 to read as follows:

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

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


Sec.  49.9861  Identification of plan.

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


Sec.  49.9862  Approval status.

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


Sec.  49.9863  Legal authority. [Reserved]


Sec.  49.9864  Source surveillance. [Reserved]


Sec.  49.9865  Classification of regions for episode plans.

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

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

Sec.  49.9866  Contents of implementation plan.

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


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


Sec.  49.9868  Permits to construct.

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


Sec.  49.9869  Permits to operate.

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


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

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


Sec. Sec.  49.9871-49.9890  [Reserved]

0
6. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.9891 through 49.9900 to read as follows:

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


Sec.  49.9891  Identification of plan.

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


Sec.  49.9892  Approval status.

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


Sec.  49.9893  Legal authority. [Reserved]


Sec.  49.9894  Source surveillance. [Reserved]


Sec.  49.9895  Classification of regions for episode plans.

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

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

Sec.  49.9896  Contents of implementation plan.

    The implementation plan for the Chehalis Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.

[[Page 18111]]

    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health 
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


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


Sec.  49.9898  Permits to construct.

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


Sec.  49.9899  Permits to operate.

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


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

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


Sec. Sec.  49.9901-49.9920  [Reserved]

0
7. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.9921 through 49.9930 to read as follows:

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


Sec.  49.9921  Identification of plan.

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


Sec.  49.9922  Approval status.

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


Sec.  49.9923  Legal authority. [Reserved]


Sec.  49.9924  Source surveillance. [Reserved]


Sec.  49.9925  Classification of regions for episode plans.

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

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

Sec.  49.9926  Contents of implementation plan.

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


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


Sec.  49.9928  Permits to construct.

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


Sec.  49.9929  Permits to operate.

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


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

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


Sec. Sec.  49.9931-49.9950  [Reserved]

0
8. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.9951 through 49.9960 to read as follows:

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


Sec.  49.9951  Identification of plan.

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


Sec.  49.9952  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the

[[Page 18112]]

implementation plan for the Colville Reservation.


Sec.  49.9953  Legal authority. [Reserved]


Sec.  49.9954  Source surveillance. [Reserved]


Sec.  49.9955  Classification of regions for episode plans.

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

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

Sec.  49.9956  Contents of implementation plan.

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


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


Sec.  49.9958  Permits to construct.

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


Sec.  49.9959  Permits to operate.

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


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

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


Sec. Sec.  49.9961-49.9980  [Reserved]

0
9. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.9981 through 49.9990 to read as follows:

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


Sec.  49.9981  Identification of plan.

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


Sec.  49.9982  Approval status.

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


Sec.  49.9983  Legal authority. [Reserved]


Sec.  49.9984  Source surveillance. [Reserved]


Sec.  49.9985  Classification of regions for episode plans.

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

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

Sec.  49.9986  Contents of implementation plan.

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


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


Sec.  49.9988  Permits to construct.

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


Sec.  49.9989  Permits to operate.

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

[[Page 18113]]

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

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


Sec. Sec.  49.9991-49.10010  [Reserved]

0
10. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10011 through 49.10020 to read as follows:

Implementation Plan for the Coquille Tribe of Oregon


Sec.  49.10011  Identification of plan.

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


Sec.  49.10012  Approval status.

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


Sec.  49.10013  Legal authority. [Reserved]


Sec.  49.10014  Source surveillance. [Reserved]


Sec.  49.10015  Classification of regions for episode plans.

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

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

Sec.  49.10016  Contents of implementation plan.

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


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


Sec.  49.10018  Permits to construct.

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


Sec.  49.10019  Permits to operate.

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


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

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


Sec. Sec.  49.10021-49.10040  [Reserved]

0
12. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10041 through 49.10050 to read as follows:

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


Sec.  49.10041  Identification of plan.

    This section and Sec. Sec.  49.10042 through 49.10100 contain the 
implementation plan for the Cow Creek Band of Umpqua Indians. This plan 
consists of a combination of Tribal rules and measures and Federal 
regulations and measures which apply within the Reservation of the Cow 
Creek Band of Umpqua Indians.


Sec.  49.10042  Approval status.

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


Sec.  49.10043  Legal authority. [Reserved]


Sec.  49.10044  Source surveillance. [Reserved]


Sec.  49.10045  Classification of regions for episode plans.

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

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

Sec.  49.10046  Contents of implementation plan.

    The implementation plan for the Reservation of the Cow Creek Band 
of Umpqua Indians consists of the following rules, regulations, and 
measures:
    (a) Section 49.123 General provisions.

[[Page 18114]]

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


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


Sec.  49.10048  Permits to construct.

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


Sec.  49.10049  Permits to operate.

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


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

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


Sec. Sec.  49.10051-49.10100  [Reserved]

0
12. Subpart M of part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10101 through 49.10110 to read as follows:

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


Sec.  49.10101  Identification of plan.

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


Sec.  49.10102  Approval status.

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


Sec.  49.10103  Legal authority. [Reserved]


Sec.  49.10104  Source surveillance. [Reserved]


Sec.  49.10105  Classification of regions for episode plans.

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

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

Sec.  49.10106  Contents of implementation plan.

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


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


Sec.  49.10108  Permits to construct.

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


Sec.  49.10109  Permits to operate.

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


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

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


Sec. Sec.  49.10111-49.10130  [Reserved]

0
13. Subpart M of part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10131 through 49.10140 to read as follows:

[[Page 18115]]

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


Sec.  49.10131  Identification of plan.

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


Sec.  49.10132  Approval status.

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


Sec.  49.10133  Legal authority. [Reserved]


Sec.  49.10134  Source surveillance. [Reserved]


Sec.  49.10135  Classification of regions for episode plans.

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

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

Sec.  49.10136  Contents of implementation plan.

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


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


Sec.  49.10138  Permits to construct.

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


Sec.  49.10139  Permits to operate.

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


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

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


Sec. Sec.  49.10141-49.10160  [Reserved]

0
14. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10161 through 49.10170 to read as follows:

Implementation Plan for the Jamestown S'Klallam Tribe of Washington


Sec.  49.10161  Identification of plan.

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


Sec.  49.10162  Approval status.

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


Sec.  49.10163  Legal authority. [Reserved]


Sec.  49.10164  Source surveillance. [Reserved]


Sec.  49.10165  Classification of regions for episode plans.

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

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

Sec.  49.10166  Contents of implementation plan.

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


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


Sec.  49.10168  Permits to construct.

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


Sec.  49.10169  Permits to operate.

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


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

    The following regulations are incorporated and made part of the

[[Page 18116]]

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


Sec. Sec.  49.10171-49.10190  [Reserved]

0
15. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10191 through 49.10200 to read as follows:

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


Sec.  49.10191  Identification of plan.

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


Sec.  49.10192  Approval status.

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


Sec.  49.10193  Legal authority. [Reserved]


Sec.  49.10194  Source surveillance. [Reserved]


Sec.  49.10195  Classification of regions for episode plans.

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

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

Sec.  49.10196  Contents of implementation plan.

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


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


Sec.  49.10198  Permits to construct.

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


Sec.  49.10199  Permits to operate.

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


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

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


Sec. Sec.  49.10201-49.10220  [Reserved]

0
16. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10221 through 49.10230 to read as follows:

Implementation Plan for the Klamath Indian Tribe of Oregon


Sec.  49.10221  Identification of plan.

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


Sec.  49.10222  Approval status.

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


Sec.  49.10223  Legal authority. [Reserved]


Sec.  49.10224  Source surveillance. [Reserved]


Sec.  49.10225  Classification of regions for episode plans.

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

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

Sec.  49.10226  Contents of implementation plan.

    The implementation plan for the Reservation of the Klamath Indian 
Tribe consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.

[[Page 18117]]

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


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


Sec.  49.10228  Permits to construct.

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


Sec.  49.10229  Permits to operate.

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


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

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


Sec. Sec.  49.10231-49.10250  [Reserved]

0
17. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10251 through 49.10260 to read as follows:

Implementation Plan for the Kootenai Tribe of Idaho


Sec.  49.10251  Identification of plan.

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


Sec.  49.10252  Approval status.

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


Sec.  49.10253  Legal authority. [Reserved]


Sec.  49.10254  Source surveillance. [Reserved]


Sec.  49.10255  Classification of regions for episode plans.

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

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

Sec.  49.10256  Contents of implementation plan.

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


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


Sec.  49.10258  Permits to construct.

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


Sec.  49.10259  Permits to operate.

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


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

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


Sec. Sec.  49.10261-49.10280  [Reserved]

0
18. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10281 through 49.10290 to read as follows:

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


Sec.  49.10281  Identification of plan.

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


Sec.  49.10282  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the

[[Page 18118]]

implementation plan for the Lower Elwha Reservation.


Sec.  49.10283  Legal authority. [Reserved]


Sec.  49.10284  Source surveillance. [Reserved]


Sec.  49.10285  Classification of regions for episode plans.

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

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

Sec.  49.10286  Contents of implementation plan.

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


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


Sec.  49.10288  Permits to construct.

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


Sec.  49.10289  Permits to operate.

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


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

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


Sec. Sec.  49.10291-49.10310  [Reserved]

0
19. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10311 through 49.10320 to read as follows:

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


Sec.  49.10311  Identification of plan.

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


Sec.  49.10312  Approval status.

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


Sec.  49.10313  Legal authority. [Reserved]


Sec.  49.10314   Source surveillance. [Reserved]


Sec.  49.10315  Classification of regions for episode plans.

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

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

Sec.  49.10316  Contents of implementation plan.

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


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


Sec.  49.10318  Permits to construct.

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


Sec.  49.10319  Permits to operate.

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


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

    The following regulations are incorporated and made part of the 
implementation plan for the Lummi Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

[[Page 18119]]

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


Sec. Sec.  49.10321-49.10340  [Reserved]

0
20. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10341 through 49.10350 to read as follows:

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


Sec.  49.10341  Identification of plan.

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


Sec.  49.10342  Approval status.

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


Sec.  49.10343  Legal authority. [Reserved]


Sec.  49.10344  Source surveillance. [Reserved]


Sec.  49.10345  Classification of regions for episode plans.

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

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

Sec.  49.10346  Contents of implementation plan.

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


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


Sec.  49.10348  Permits to construct.

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


Sec.  49.10349  Permits to operate.

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


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

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


Sec. Sec.  49.10351-49.10370   [Reserved]

0
21. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10371 through 49.10380 to read as follows:

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


Sec.  49.10371  Identification of plan.

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


Sec.  49.10372  Approval status.

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


Sec.  49.10373   Legal authority. [Reserved]


Sec.  49.10374   Source surveillance. [Reserved]


Sec.  49.10375  Classification of regions for episode plans.

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

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

Sec.  49.10376  Contents of implementation plan.

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

[[Page 18120]]

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


Sec.  49.10378  Permits to construct.

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


Sec.  49.10379  Permits to operate.

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


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

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


Sec. Sec.  49.10381-49.10400  [Reserved]

0
22. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10401 through 49.10410 to read as follows:

Implementation Plan for the Nez Perce Tribe of Idaho


Sec.  49.10401  Identification of plan.

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


Sec.  49.10402  Approval status.

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


Sec.  49.10403   Legal authority. [Reserved]


Sec.  49.10404   Source surveillance. [Reserved]


Sec.  49.10405  Classification of regions for episode plans.

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

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

Sec.  49.10406  Contents of implementation plan.

    The implementation plan for the Nez Perce Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.127 Rule for woodwaste burners.
    (f) Section 49.128 Rule for limiting particulate matter emissions 
from wood products industry sources.
    (g) Section 49.129 Rule for limiting emissions of sulfur dioxides.
    (h) Section 49.130 Rule for limiting sulfur in fuels.
    (i) Section 49.131 General Rule for open burning.
    (j) Section 49.132 Rule for general open burning permits.
    (k) Section 49.133 Rule for agricultural burning permits.
    (l) Section 49.134 Rule for forestry and silvicultural burning 
permits.
    (m) Section 49.135 Rule for emissions detrimental to public health 
or welfare.
    (n) Section 49.137 Rule for air pollution episodes.
    (o) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (p) Section 49.139 Rule for non-Title V operating permits.


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


Sec.  49.10408  Permits to construct.

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


Sec.  49.10409  Permits to operate.

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


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

    The following regulations are incorporated and made part of the 
implementation plan for the Nez Perce Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.127 Rule for woodwaste burners.
    (f) Section 49.128 Rule for limiting particulate matter emissions 
from wood products industry sources.
    (g) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (h) Section 49.130 Rule for limiting sulfur in fuels.
    (i) Section 49.131 General rule for open burning.
    (j) Section 49.132 Rule for general open burning permits.
    (k) Section 49.133 Rule for agricultural burning permits.
    (l) Section 49.134 Rule for forestry and silvicultural burning 
permits.
    (m) Section 49.135 Rule for emissions detrimental to public health 
or welfare.
    (n) Section 49.137 Rule for air pollution episodes.
    (o) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (p) Section 49.139 Rule for non-Title V operating permits.


Sec.  49.10411  Permits for general open burning, agricultural burning, 
and forestry and silvicultural burning.

    (a) Beginning June 7, 2005, a person must apply for and obtain a 
permit under Sec.  49.132 Rule for general open burning permits.
    (b) Beginning June 7, 2005, a person must apply for and obtain 
approval of a permit under Sec.  49.133 Rule for agricultural burning 
permits.
    (c) Beginning June 7, 2005, a person must apply for and obtain 
approval of a permit under Sec.  49.134 Rule for forestry and 
silvicultural burning permits.


Sec. Sec.  49.10412-49.10430  [Reserved]

0
23. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10431 through 49.10440 to read as follows:

[[Page 18121]]

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


Sec.  49.10431  Identification of plan.

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


Sec.  49.10432  Approval status.

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


Sec.  49.10433  Legal authority. [Reserved]


Sec.  49.10434  Source surveillance. [Reserved]


Sec.  49.10435  Classification of regions for episode plans.

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

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

Sec.  49.10436  Contents of implementation plan.

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


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


Sec.  49.10438  Permits to construct.

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


Sec.  49.10439  Permits to operate.

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


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

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


Sec. Sec.  49.10441-49.10460  [Reserved]

0
24. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10461 through 49.10470 to read as follows:

Implementation Plan for the Nooksack Indian Tribe of Washington


Sec.  49.10461  Identification of plan.

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


Sec.  49.10462  Approval status.

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


Sec.  49.10463  Legal authority. [Reserved]


Sec.  49.10464  Source surveillance. [Reserved]


Sec.  49.10465  Classification of regions for episode plans.

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

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

Sec.  49.10466  Contents of implementation plan.

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


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


Sec.  49.10468  Permits to construct.

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


Sec.  49.10469  Permits to operate.

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


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

    The following regulations are incorporated and made part of the

[[Page 18122]]

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


Sec. Sec.  49.10471-49.10490  [Reserved]

0
25. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10491 through 49.10500 to read as follows:

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


Sec.  49.10491  Identification of plan.

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


Sec.  49.10492  Approval status.

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


Sec.  49.10493   Legal authority. [Reserved]


Sec.  49.10494.   Source surveillance. [Reserved]


Sec.  49.10495  Classification of regions for episode plans.

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

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

Sec.  49.10496  Contents of implementation plan.

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


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


Sec.  49.10498  Permits to construct.

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


Sec.  49.10499  Permits to operate.

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


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

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


Sec. Sec.  49.10501-49.10520  [Reserved]

0
26. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10521 through 49.10530 to read as follows:

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


Sec.  49.10521  Identification of plan.

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


Sec.  49.10522  Approval status.

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


Sec.  49.10523  Legal authority. [Reserved]


Sec.  49.10524  Source surveillance. [Reserved]


Sec.  49.10525  Classification of regions for episode plans.

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

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

Sec.  49.10526  Contents of implementation plan.

    The implementation plan for the lands in trust that are within the 
Puyallup Reservation consists of the following rules, regulations, and 
measures:

[[Page 18123]]

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


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


Sec.  49.10528  Permits to construct.

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


Sec.  49.10529  Permits to operate.

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


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

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


Sec. Sec.  49.10531-49.10550  [Reserved]

0
27. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10551 through 49.10560 to read as follows:

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


Sec.  49.10551  Identification of plan.

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


Sec.  49.10552  Approval status.

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


Sec.  49.10553   Legal authority. [Reserved]


Sec.  49.10554  Source surveillance. [Reserved]


Sec.  49.10555  Classification of regions for episode plans.

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

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

Sec.  49.10556.  Contents of implementation plan.

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


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


Sec.  49.10558  Permits to construct.

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


Sec.  49.10559  Permits to operate.

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


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

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


Sec. Sec.  49.10561-49.10580  [Reserved]

0
28. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10581 through 49.10590 to read as follows:

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


Sec.  49.10581  Identification of plan.

    This section and Sec. Sec.  49.10582 through 49.10640 contain the 
implementation plan for the Quinault Tribe. This plan consists of a 
combination of Tribal rules

[[Page 18124]]

and measures and Federal regulations and measures which apply within 
the Quinault Reservation.


Sec.  49.10582  Approval status.

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


Sec.  49.10583  Legal authority. [Reserved]


Sec.  49.10584  Source surveillance. [Reserved]


Sec.  49.10585  Classification of regions for episode plans.

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

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

Sec.  49.10586  Contents of implementation plan.

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


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


Sec.  49.10588  Permits to construct.

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


Sec.  49.10589  Permits to operate.

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


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

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


Sec. Sec.  49.10591-49.10640  [Reserved]

0
29. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10641 through 49.10650 to read as follows:

Implementation Plan for the Sauk-Suiattle Indian Tribe of Washington


Sec.  49.10641  Identification of plan.

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


Sec.  49.10642  Approval status.

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


Sec.  49.10643  Legal authority. [Reserved]


Sec.  49.10644  Source surveillance. [Reserved]


Sec.  49.10645  Classification of regions for episode plans.

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

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

Sec.  49.10646  Contents of implementation plan.

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


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


Sec.  49.10648  Permits to construct.

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


Sec.  49.10649  Permits to operate.

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


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

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

[[Page 18125]]

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


Sec. Sec.  49.10651-49.10670  [Reserved]

0
30. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10671 through 49.10680 to read as follows:

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


Sec.  49.10671  Identification of plan.

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


Sec.  49.10672  Approval status.

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


Sec.  49.10673  Legal authority. [Reserved]


Sec.  49.10674  Source surveillance. [Reserved]


Sec.  49.10675  Classification of regions for episode plans.

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

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

Sec.  49.10676  Contents of implementation plan.

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


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


Sec.  49.10678  Permits to construct.

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


Sec.  49.10679  Permits to operate.

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


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

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


Sec. Sec.  49.10681-49.10700  [Reserved]

0
31. Subpart M of Part 49 is amended by revising the undesignated center 
heading and Sec. Sec.  49.10701 through 49.10702 to read as follows:

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


Sec.  49.10701  Identification of plan.

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


Sec.  49.10702  Approval status.

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

0
32. Subpart M of Part 49 is amended by revising Sec. Sec.  49.10704 
through 49.10706 to read as follows:


Sec.  49.10704  Source surveillance. [Reserved]


Sec.  49.10705  Classification of regions for episode plans.

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

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

Sec.  49.10706  Contents of implementation plan.

    The implementation plan for the Fort Hall Indian Reservation 
consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.

[[Page 18126]]

    (h) Section 49.135 Rule for emissions detrimental to public health 
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.10711 Federal Implementation Plan for the Astaris-
Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall 
PM-10 nonattainment Area.

0
33. Subpart M of Part 49 is amended by revising Sec. Sec.  49.10709 
through 49.10710 to read as follows:


Sec.  49.10709  Permits to operate.

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


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

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

0
34. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10731 through 49.10740 to read as follows:

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


Sec.  49.10731  Identification of plan.

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


Sec.  49.10732  Approval status.

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


Sec.  49.10733  Legal authority. [Reserved]


Sec.  49.10734  Source surveillance. [Reserved]


Sec.  49.10735  Classification of regions for episode plans.

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

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

Sec.  49.10736  Contents of implementation plan.

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


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


Sec.  49.10738  Permits to construct.

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


Sec.  49.10739  Permits to operate.

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


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

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


Sec. Sec.  49.10741-49.10760  [Reserved]

0
35. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10761 through 49.10770 to read as follows:

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


Sec.  49.10761  Identification of plan.

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


Sec.  49.10762  Approval status.

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

[[Page 18127]]

Sec.  49.10763  Legal authority. [Reserved]


Sec.  49.10764  Source surveillance. [Reserved]


Sec.  49.10765  Classification of regions for episode plans.

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

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

Sec.  49.10766  Contents of implementation plan.

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


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


Sec.  49.10768  Permits to construct.

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


Sec.  49.10769  Permits to operate.

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


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

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


Sec. Sec.  49.10771-49.10820  [Reserved]

0
36. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10821 through 49.10830 to read as follows:

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


Sec.  49.10821  Identification of plan.

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


Sec.  49.10822  Approval status.

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


Sec.  49.10823  Legal authority. [Reserved]


Sec.  49.10824  Source surveillance. [Reserved]


Sec.  49.10825  Classification of regions for episode plans.

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

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

Sec.  49.10826  Contents of implementation plan.

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


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


Sec.  49.10828  Permits to construct.

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


Sec.  49.10829  Permits to operate.

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


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

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

[[Page 18128]]

    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


Sec. Sec.  49.10831-49.10850  [Reserved]

0
37. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10851 through 49.10860 to read as follows:

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


Sec.  49.10851  Identification of plan.

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


Sec.  49.10852  Approval status.

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


Sec.  49.10853  Legal authority. [Reserved]


Sec.  49.10854  Source surveillance. [Reserved]


Sec.  49.10855  Classification of regions for episode plans.

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

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

Sec.  49.10856  Contents of implementation plan.

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


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


Sec.  49.10858  Permits to construct.

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


Sec.  49.10859  Permits to operate.

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


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

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


Sec. Sec.  49.10861-49.10880  [Reserved]

0
38. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10881 through 49.10890 to read as follows:

Implementation Plan for the Stillaguamish Tribe of Washington


Sec.  49.10881  Identification of plan.

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


Sec.  49.10882  Approval status.

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


Sec.  49.10883  Legal authority. [Reserved]


Sec.  49.10884  Source surveillance. [Reserved]


Sec.  49.10885  Classification of regions for episode plans.

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

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

Sec.  49.10886  Contents of implementation plan.

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

[[Page 18129]]

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


Sec.  49.10888  Permits to construct.

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


Sec.  49.10889  Permits to operate.

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


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

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


Sec. Sec.  49.10891-49.10920  [Reserved]

0
39. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10921 through 49.10930 to read as follows:

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


Sec.  49.10921  Identification of plan.

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


Sec.  49.10922  Approval status.

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


Sec.  49.10923  Legal authority. [Reserved]


Sec.  49.10924  Source surveillance. [Reserved]


Sec.  49.10925  Classification of regions for episode plans.

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

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

Sec.  49.10926  Contents of implementation plan.

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


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


Sec.  49.10928  Permits to construct.

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


Sec.  49.10929  Permits to operate.

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


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

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


Sec. Sec.  49.10931-49.10950  [Reserved]

0
40. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10951 through 49.10960 to read as follows:

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


Sec.  49.10951  Identification of plan.

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


Sec.  49.10952  Approval status.

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


Sec.  49.10953  Legal authority. [Reserved]


Sec.  49.10954  Source surveillance. [Reserved]


Sec.  49.10955  Classification of regions for episode plans.

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

------------------------------------------------------------------------
                Pollutant                         Classification
------------------------------------------------------------------------
Carbon monoxide.........................  III

[[Page 18130]]

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

Sec.  49.10956  Contents of implementation plan.

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


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


Sec.  49.10958  Permits to construct.

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


Sec.  49.10959  Permits to operate.

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


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

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


Sec. Sec.  49.10961-49.10980  [Reserved]

0
41. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.10981 through 49.10990 to read as follows:

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


Sec.  49.10981  Identification of plan.

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


Sec.  49.10982  Approval status.

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


Sec.  49.10983  Legal authority. [Reserved]


Sec.  49.10984  Source surveillance. [Reserved]


Sec.  49.10985  Classification of regions for episode plans.

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

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

Sec.  49.10986  Contents of implementation plan.

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


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


Sec.  49.10988  Permits to construct.

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


Sec.  49.10989  Permits to operate.

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


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

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


Sec. Sec.  49.10991-49.11010  [Reserved]

0
42. Subpart M of Part 49 is amended by adding an undesignated center

[[Page 18131]]

heading and Sec. Sec.  49.11011 through 49.11020 to read as follows:

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


Sec.  49.11011  Identification of plan.

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


Sec.  49.11012  Approval status.

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


Sec.  49.11013  Legal authority. [Reserved]


Sec.  49.11014  Source surveillance. [Reserved]


Sec.  49.11015  Classification of regions for episode plans.

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

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

Sec.  49.11016  Contents of implementation plan.

    The implementation plan for the Umatilla Reservation consists of 
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.132 Rule for general open burning permits.
    (i) Section 49.133 Rule for agriculture burning permits.
    (j) Section 49.134 Rule for forestry and silvicultural burning 
permits.
    (k) Section 49.135 Rule for emissions detrimental to public health 
or welfare.
    (l) Section 49.137 Rule for air pollution episodes.
    (m) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (n) Section 49.139 Rule for non-Title V operating permits.


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


Sec.  49.11018  Permits to construct.

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


Sec.  49.11019  Permits to operate.

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


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

    The following regulations are incorporated and made part of the 
implementation plan for the Umatilla Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.132 Rule for general open burning permits.
    (i) Section 49.133 Rule for agriculture burning permits.
    (j) Section 49.134 Rule for forestry and silvicultural burning 
permits.
    (k) Section 49.135 Rule for emissions detrimental to public health 
or welfare.
    (l) Section 49.137 Rule for air pollution episodes.
    (m) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (n) Section 49.139 Rule for non-Title V operating permits.


Sec.  49.11021  Permits for general open burning, agricultural burning, 
and forestry and silvicultural burning.

    (a) Beginning January 1, 2007, a person must apply for and obtain a 
permit under Sec.  49.132 Rule for general open burning permits.
    (b) Beginning January 1, 2007, a person must apply for and obtain 
approval of a permit under Sec.  49.133 Rule for agricultural burning 
permits.
    (c) Beginning January 1, 2007, a person must apply for and obtain 
approval of a permit under Sec.  49.134 Rule for forestry and 
silvicultural burning permits.


Sec. Sec.  49.11022-49.11040  [Reserved]

0
43. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.11041 through 49.11050 to read as follows:

Implementation Plan for the Upper Skagit Indian Tribe of Washington


Sec.  49.11041  Identification of plan.

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


Sec.  49.11042  Approval status.

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


Sec.  49.11043  Legal authority. [Reserved]


Sec.  49.11044   Source surveillance. [Reserved]


Sec.  49.11045  Classification of regions for episode plans.

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

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

Sec.  49.11046  Contents of implementation plan.

    The implementation plan for the Reservation of the Upper Skagit 
Indian Tribe consists of the following rules, regulations, and 
measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate 
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter 
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.

[[Page 18132]]

    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health 
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution 
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.


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


Sec.  49.11048  Permits to construct.

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


Sec.  49.11049  Permits to operate.

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


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

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


Sec. Sec.  49.11051-49.11070   [Reserved]

0
44. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.11071 through 49.11080 to read as follows:

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


Sec.  49.11071  Identification of plan.

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


Sec.  49.11072  Approval status.

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


Sec.  49.11073   Legal authority. [Reserved]


Sec.  49.11074   Source surveillance. [Reserved]


Sec.  49.11075  Classification of regions for episode plans.

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

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

Sec.  49.11076  Contents of implementation plan.

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


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


Sec.  49.11078  Permits to construct.

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


Sec.  49.11079  Permits to operate.

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


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

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


Sec. Sec.  49.11081-49.11100   [Reserved]

0
45. Subpart M of Part 49 is amended by adding an undesignated center 
heading and Sec. Sec.  49.11101 through 49.11110 to read as follows:

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


Sec.  49.11101  Identification of plan.

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


Sec.  49.11102  Approval status.

    There are currently no EPA-approved Tribal rules or measures in the

[[Page 18133]]

implementation plan for the Yakama Reservation.


Sec.  49.11103  Legal authority. [Reserved]


Sec.  49.11104  Source surveillance. [Reserved]


Sec.  49.11105  Classification of regions for episode plans.

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

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

Sec.  49.11106  Contents of implementation plan.

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


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


Sec.  49.11108  Permits to construct.

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


Sec.  49.11109  Permits to operate.

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


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

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


Sec. Sec.  49.11111-49.11130  [Reserved]


Sec. Sec.  49.11131-49.17810  [Reserved]

0
46. Subpart M of Part 49 is amended by revising the ``Appendix to 
Subpart M--Alphabetical Listing of Tribes and Corresponding Sections'' 
to read as follows:

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

------------------------------------------------------------------------
                                   Refer to the following sections in
         Indian Tribe                           subpart M
------------------------------------------------------------------------
Burns Paiute Tribe of the       Sec.  Sec.   49.9861 to 49.9890
 Burns Paiute Indian Colony of
 Oregon.
Chehalis Reservation,           Sec.  Sec.   49.9891 to 49.9920
 Washington-Confederated
 Tribes of the.
Coeur d'Alene Tribe of the      Sec.  Sec.   49.9921 to 49.9950
 Coeur D'Alene Reservation,
 Idaho.
Colville Reservation,           Sec.  Sec.   49.9951 to 49.9980
 Washington--Confederated
 Tribes of the.
Coos, Lower Umpqua and Siuslaw  Sec.  Sec.   49.9981 to 49.10010
 Indians of Oregon--
 Confederated Tribes of the.
Coquille Tribe of Oregon......  Sec.  Sec.   49.10011 to 49.10040
Cow Creek Band of Umpqua        Sec.  Sec.   49.10041 to 49.10070
 Indians of Oregon.
Grand Ronde Community of        Sec.  Sec.   49.10101 to 49.10130
 Oregon--Confederated Tribes
 of the.
Hoh Indian Tribe of the Hoh     Sec.  Sec.   49.10131 to 49.10160
 Indian Reservation,
 Washington.
Jamestown S'Klallam Tribe of    Sec.  Sec.   49.10161 to 49.10190
 Washington.
Kalispel Indian Community of    Sec.  Sec.   49.10191 to 49.10220
 the Kalispel Reservation,
 Washington.
Klamath Indian Tribe of Oregon  Sec.  Sec.   49.10221 to 49.10250
Kootenai Tribe of Idaho.......  Sec.  Sec.   49.10251 to 49.10280
Lower Elwha Tribal Community    Sec.  Sec.   49.10281 to 49.10310
 of the Lower Elwha
 Reservation, Washington.
Lummi Tribe of the Lummi        Sec.  Sec.   49.10311 to 49.10340
 Reservation, Washington.
Makah Indian Tribe of the       Sec.  Sec.   49.10341 to 49.10370
 Makah Indian Reservation,
 Washington.
Muckleshoot Indian Tribe of     Sec.  Sec.   49.10371 to 49.10400
 the Muckleshoot Reservation,
 Washington.
Nez Perce Tribe of Idaho......  Sec.  Sec.   49.10401 to 49.10430
Nisqually Indian Tribe of the   Sec.  Sec.   49.10431 to 49.10460
 Nisqually Reservation,
 Washington.
Nooksack Indian Tribe of        Sec.  Sec.   49.10461 to 49.10490
 Washington.
Port Gamble Indian Community    Sec.  Sec.   49.10491 to 49.10520
 of the Port Gamble
 Reservation, Washington.
Puyallup Tribe of the Puyallup  Sec.  Sec.   49.10521 to 49.10550
 Reservation, Washington.
Quileute Tribe of the Quileute  Sec.  Sec.   49.10551 to 49.10580
 Reservation, Washington.
Quinault Tribe of the Quinault  Sec.  Sec.   49.10581 to 49.10610
 Reservation, Washington.
Sauk-Suiattle Indian Tribe of   Sec.  Sec.   49.10641 to 49.10670
 Washington.
Shoalwater Bay Tribe of the     Sec.  Sec.   49.10671 to 49.10700
 Shoalwater Bay Indian
 Reservation, Washington.
Shoshone-Bannock Tribes of the  Sec.  Sec.   49.10701 to 49.10730
 Fort Hall Indian Reservation
 of Idaho.
Siletz Reservation, Oregon--    Sec.  Sec.   49.10731 to 49.10760
 Confederated Tribes of the.
Skokomish Indian Tribe of the   Sec.  Sec.   49.10761 to 49.10790
 Skokomish Reservation,
 Washington.
Spokane Tribe of the Spokane    Sec.  Sec.   49.10821 to 49.10850
 Reservation, Washington.
Squaxin Island Tribe of the     Sec.  Sec.   49.10851 to 49.10880
 Squaxin Island Reservation,
 Washington.
Stillaguamish Tribe of          Sec.  Sec.   49.10881 to 49.10920
 Washington.

[[Page 18134]]

 
Suquamish Indian Tribe of the   Sec.  Sec.   49.10921 to 49.10950
 Port Madison Reservation,
 Washington.
Swinomish Indians of the        Sec.  Sec.   49.10951 to 49.10980
 Swinomish Reservation,
 Washington.
Tulalip Tribes of the Tulalip   Sec.  Sec.   49.10981 to 49.11010
 Reservation, Washington.
Umatilla Reservation, Oregon--  Sec.  Sec.   49.11011 to 49.11040
 Confederated Tribes of the.
Upper Skagit Indian Tribe of    Sec.  Sec.   49.11041 to 49.11070
 Washington.
Warm Springs Reservation of     Sec.  Sec.   49.11071 to 49.11100
 Oregon--Confederated Tribes
 of the.
Yakama Nation, Washington--     Sec.  Sec.   49.11101 to 49.11130
 Confederated Tribes and Bands
 of the.
------------------------------------------------------------------------

[FR Doc. 05-6367 Filed 4-7-05; 8:45 am]
BILLING CODE 6560-50-P