Rule for general open burning permits, which previously applied on
the Nez Perce and Umatilla Reservations. Rules that are not so
marked are currently in effect on the specified Indian reservations,
and the EPA is proposing that the revisions to these additional
rules discussed in Section II.A. of this preamble be adopted for
such reservations.
    \7\ Available at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-Federal-government/, accessed July 16, 2021.
    \8\ 86 FR 23054, 23162 (April 30, 2021) (``Going forward, EPA is
committed to conducting environmental justice analysis for
rulemakings based on a framework similar to what is outlined here,
in addition to investigating ways to further weave environmental
justice into the fabric of the rulemaking process including through
enhanced meaningful engagement with environmental justice
communities.'').
---------------------------------------------------------------------------

    The EPA defines EJ as the fair treatment and meaningful involvement
of all people regardless of race, color, national origin, or income
with respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies. As outlined in the EJ
Technical Guidelines, the goal of an EJ analysis is to evaluate, to the
extent possible, three questions: Are there potential EJ concerns for
populations living in proximity to sources affected by the rule in the
baseline?; Are there potential EJ concerns for population groups of
concern for the regulatory option(s) under consideration?; Are
potential EJ concerns created or mitigated under the options under
consideration compared to the baseline? The determination of whether
there is a potential disproportionate impact that may merit Agency
action is ultimately a policy judgment informed by analysis.\9\ These
rules are designed to protect human health and air quality resources in
Indian reservations in Idaho, Oregon, and Washington. These
reservations often have communities with very low per capita incomes
relative to the U.S. average with large percentages of the population
below the poverty line, so many communities where these rules apply
tend to be communities with low income and minority populations.
However, the rules will not impose any negative environmental impacts
on these populations. Instead, the rules provide additional protections
for communities that include overburdened populations. Because the
rules will improve health and provide additional protections for such
communities, the EPA has not undertaken a detailed, formal analysis of
the environmental justice impacts of this action.
---------------------------------------------------------------------------

    \9\ According to the EPA's June 2016 Technical Guidance for
Assessing Environmental Justice in Regulatory Analysis, page 66 and
Section 2.1, the term ``disproportionate impacts'' refers to
differences in impacts or risks that are extensive enough that they
may merit Agency action. The determination of whether there is a
disproportionate impact that may merit Agency action is a policy
judgment informed by analysis of any discernable differences in
anticipated impacts from the rulemaking on population groups of
concern compared to all other population groups.
---------------------------------------------------------------------------

D. Costs and Benefits Associated With These Rules

    As part of developing the proposed revisions, the EPA conducted an
analysis of the expected costs should these rules be adopted. Included
in the docket for this rulemaking is the Economic Impact Analysis (EIA)
and the Information Collection Request (ICR) documents for the proposed
revisions. The EIA was prepared to assist the EPA in estimating the
costs of compliance for the proposed revisions alongside updated 2021
costs for the initial FARR. The ICR describes the recordkeeping and
reporting information that will be collected under the revised FARR and
related ``burden.'' ``Burden'' refers to the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions

and requirements; train personnel to be able to respond to a collection
of information; search data sources; complete and review the collection
of information; and transmit or otherwise disclose the information.
    With the exception of making orchard heating devices subject to the
visible emissions limit, the EPA's preliminary conclusion is that there
will be no capital costs incurred to comply with any of the new or
revised rules. With respect to the geographic extension of the FARR, we
are not aware of any sources in these areas that would require
additional control or monitoring equipment to comply with the FARR, as
revised. With respect to the open burning rules, open burning permit
rules, and wood burning devices curtailment rules, we also do not
expect any capital costs will be needed to comply with the proposed
revisions. The EPA anticipates that 40 CFR 49.140 Rule for residential
wood burning devices, which regulates the installation of used wood
burning devices, would impose negligible additional costs overall. This
is because, although the cost difference between an older used wood
burning device and post-2015 EPA certified wood burning device could be
approximately $3,500, we anticipate very few older used wood burning
devices would have been installed even if the EPA did not promulgate
this prohibition. This is based on information we received from Tribes
during the development of the proposed rulemaking. One example provided
was where a resident gives a used stove that was removed from their
residence to a family member to install in a different residence or
structure like a recreational cabin. Although this may occur, it is
expected to be an uncommon event so our overall cost estimate is based
on an average of 15 installations per year of older (pre-2015) used
wood heating devices that would no longer be allowed under the proposed
rulemaking. That number would be even lower under the proposed
alternative, which would allow used post-1990 certified wood heating
devices to be reinstalled.
    In response to a request from the OMB, the EPA conducted a benefits
analysis specifically looking at 40 CFR 49.141 Rule for curtailment of
residential wood burning devices for specific areas. The analysis
includes a conservative estimate of the monetary benefits of this
proposed rulemaking based on mortality associated with PM2.5
exposure. This estimate used data and equations prepared by the EPA for
the Environmental Benefits Mapping and Analysis Program (BenMAP-
CE),\10\ which is the EPA's recommended tool for benefits calculations.
The estimated mortality associated maximum benefit was calculated to be
$27.8 million. This amount ($27.8 million) is representative of
benefits over a long period of time \11\ because it is based on long-
term mortality from continuous PM2.5 exposure. A copy of
this analysis is the docket for this proposal.
---------------------------------------------------------------------------

    \10\ https://www.epa.gov/benmap.
    \11\ The time period of the benefit calculation is not
explicitly defined since death from chronic PM2.5
exposure can occur years after the start of the exposure period. The
EPA calculates benefits based on the Di et al. (2017)
epidemiological study (https://www.nejm.org/doi/full/10.1056/nejmoa1702747), which focused on evaluating mortality and
PM2.5 concentrations for a 12-year period.
---------------------------------------------------------------------------

    The extension of 40 CFR 49.128 Rule for limiting particulate matter
emissions from wood products industry sources to the Coeur D'Alene
Reservation is not expected to result in new capital costs for the one
existing facility that would be subject to the rule. This is because,
based on available test data from the source in question, the emission
controls that the facility is currently using to control hazardous air
pollutants to comply with the NESHAP for Plywood and Composite Wood
Products (40 CFR part 63, subpart DDDD) are also expected to control
particulate matter emissions to below the levels required in 40 CFR
49.128.
    With respect to orchard heating devices proposed to be regulated
under 40 CFR 49.124 Rule for limiting visible emissions, the EPA
conducted an analysis of the expected costs of complying with this
rulemaking. This analysis indicates that annualized costs of a little
over $1.5 million (based on one-time capital costs of up to $18.9
million amortized over 30 years) could be expected across all Indian
reservations in order for orchard heating devices (including smudge
pots) to comply with the visible emissions limit. These anticipated
capital costs assume that 10% of all orchard lands on Indian
reservations in Idaho, Oregon, and Washington will be required to
purchase new equipment (e.g., propane-powered fans or propane heaters)
to comply with the visible emissions limit and maintain orchard heating
capabilities. Note, however, that this assumption is based on limited
data regarding the prevalence of smudge pots, open-pot heaters, and
other orchard heating devices that burn diesel and other fuels with
high visible emissions on Indian reservations in Idaho, Oregon, and
Washington. The analysis also indicates that these up-front capital
costs for replacement orchard heating devices will be recouped in time;
the use of alternative equipment is expected to result in an annual
operating cost savings of roughly $10,000 per acre due to reductions in
fuel and labor costs.\12\ We specifically request public comment on the
EPA's economic analysis with respect to orchard heating devices, along
with available data regarding the extent to which existing orchard
heating devices on Indian reservations in Idaho, Oregon, and Washington
are expected to be able to comply with the proposed visible emissions
limit in 40 CFR 49.124; the up-front capital costs of replacing non-
complying orchard heating capacity; and any expected annual cost
savings from replacing non-complying orchard heating capacity with
alternatives. This data will be considered in making decisions about
how to regulate orchard heating devices appropriately in the final
rule.
---------------------------------------------------------------------------

    \12\ This annual per acre cost savings results in an estimated
ongoing annual savings of $55,283,273.
---------------------------------------------------------------------------

    Thus, the costs estimated for these revisions to the FARR are
primarily the labor costs associated with recordkeeping and reporting
under the regulations. Costs for both the FARR rules currently in
effect at 2021 costs and the proposed revisions to the FARR were
estimated in the EIA. Cost estimates for the revisions proposed in this
rulemaking include costs on those Indian reservations for which the EPA
has proposed additional new rules. The total annualized labor costs and
non-labor costs were estimated to be $496,252 for all rules other than
40 CFR 49.124 Rule for limiting visible emissions. Factoring in the
estimated ongoing annual savings related to use of replacement orchard
heating devices, the proposed revisions are estimated to result in an
overall annual savings.\13\
---------------------------------------------------------------------------

    \13\ Annual savings from the proposed revisions are estimated to
be $53,266,002.
---------------------------------------------------------------------------

    The information relied on by the EPA for this analysis was
assembled from a number of sources, including surveys of sources on the
Indian reservations in Idaho, Oregon, and Washington, consultations
with the sources and Tribal governments, and the EPA's experience with
air quality issues in the Pacific Northwest.

III. Public Participation and Request for Comment

    The proposed revisions include minor editorial changes throughout
the FARR (subpart C) and FIP (subpart M) rules, in addition to
substantive changes to certain provisions of the rules. As such, we are
publishing with this proposal the

full text of the rules as proposed to be revised, rather than only the
portions of the text proposed to be revised in this action. A redline-
strikeout comparison of the revised rules, as proposed, to the existing
FARR and FIPs showing all proposed changes is included in the docket
for this action. The EPA solicits comments on all aspects of the
proposed revisions. Interested parties should submit comments online
and be sure to identify the appropriate docket control number (EPA-R10-
OAR-2020-0361) in your correspondence. Your comments must be received
by January 10, 2023 to be considered in the final action taken by the
EPA.
    You may also comment on this proposal by attending the public
hearing, if one is held, and providing oral comments. If the EPA
determines that a hearing should be held, the virtual hearing will be
held on November 17, 2022.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in the final
rule, regulatory text that includes incorporation by reference (IBR).
In accordance with requirements of 1 CFR 51.5, the EPA is proposing to
IBR the following provisions as they exist on the date of final
approval by the Office of the Federal Register:
     ASTM D388-19a, Standard Classification of Coals by Rank,
IBR to be approved for Sec.  49.123. This specification covers the
classification of coals by rank, that is, according to their degree of
metamorphism, or progressive alteration, in the natural series from
lignite to anthracite;
     ASTM D396-21, Standard Specification for Fuel Oils, IBR to
be approved for Sec.  49.123. This specification covers grades of fuel
oil intended for use in various types of fuel-oil-burning equipment
under various climatic and operating conditions; ASTM D240-19, Standard
Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb
Calorimeter, IBR to be approved for Sec.  49.123. This test method
covers the determination of the heat of combustion of liquid
hydrocarbon fuels ranging in volatility from that of light distillates
to that of residual fuels;
     ASTM D1826-94(Reapproved 2017), Standard Test Method for
Calorific (Heating) Value of Gases in Natural Gas Range by Continuous
Recording Calorimeter, IBR to be approved for Sec.  49.123. This test
method covers the determination with the continuous recording
calorimeter of the total calorific (heating) value of fuel gas produced
or sold in the natural gas range from 900 to 1200 British thermal unit/
standard cubic foot;
     ASTM D5865/D5865M-19, Standard Test Method for Gross
Calorific Value of Coal and Coke, IBR to be approved for Sec.  49.123.
This test method pertains to the determination of the gross calorific
value of coal and coke by either an isoperibol or adiabatic combustion
calorimeter;
     ASTM D2880-20, Standard Specification for Gas Turbine Fuel
Oils, IBR to be approved for Sec.  49.130. This specification covers
the selection of fuels for gas turbines, excepting gas turbines used in
aircraft, for the guidance of interested parties such as turbine
manufacturers and the suppliers and purchasers of fuel oils;
     ASTM D4294-21, Standard Test Method for Sulfur in
Petroleum Products by Energy-Dispersive X-ray Fluorescence
Spectroscopy, IBR to be approved for Sec.  49.130. This test method
covers the determination of total sulfur in petroleum and petroleum
products that are single-phase and either liquid at ambient conditions,
liquefiable with moderate heat, or soluble in hydrocarbon solvents;
     ASTM D6021-22, Standard Test Method for Measurement of
Total Hydrogen Sulfide in Residual Fuels by Multiple Headspace
Extraction and Sulfur Specific Detection, IBR to be approved for Sec.
49.130. This test method covers a method suitable for measuring the
total amount of hydrogen sulfide (H2S) in heavy distillates,
heavy distillate/residual fuel blends, or residual fuels;
     ASTM D4239-18e1, Standard Test Methods for Sulfur in the
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace
Combustion Methods, IBR to be approved for Sec.  49.130. This test
method covers the determination of sulfur in samples of coal or coke by
high-temperature tube furnace combustion;
     ASTM E775-15(Reapproved 2021), Standard Test Methods for
Total Sulfur in the Analysis Sample of Refuse-Derived Fuel, IBR to be
approved for Sec.  49.130. These test methods present two alternative
procedures for the determination of total sulfur in prepared analysis
samples of solid refuse-derived fuel. Sulfur is included in the
ultimate analysis of refuse-derived fuel;
     ASTM D1072-06(Reapproved 2017), Standard Test Method for
Total Sulfur in Fuel Gases by Combustion and Barium Chloride Titration,
IBR to be approved for Sec.  49.130. This test method is for the
determination of total sulfur in combustible fuel gases and is
applicable to natural gases, manufactured gases, mixed gases, and other
miscellaneous gaseous fuels;
     ASTM D3246-15, Standard Test Method for Sulfur in
Petroleum Gas by Oxidative Microcoulometry, IBR to be approved for
Sec.  49.130. This test method covers determination of sulfur in the
range from 1.5 to 100 milligram per kilogram (parts per million by
mass) by weight in hydrocarbon products that are gaseous at normal room
temperature and pressure;
     ASTM D4084-07(Reapproved 2017) Standard Test Method for
Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction
Rate Method), IBR to be approved for Sec.  49.130. This test method
covers the determination of H2S in gaseous fuels. It is
applicable to the measurement of H2S in natural gas,
liquefied petroleum gas, substitute natural gas, landfill gas, sewage
treatment off gasses, recycle gas, flare gasses, and mixtures of fuel
gases;
     ASTM D5504-20, Standard Test Method for Determination of
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography
and Chemiluminescence, IBR to be approved for Sec.  49.130. This test
method is primarily for the determination of speciated volatile sulfur-
containing compounds in high methane content gaseous fuels such as
natural gas;
     ASTM D4468-85(Reapproved 2015), Standard Test Method for
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric
Colorimetry, IBR to be approved for Sec.  49.130. This test method
covers the determination of sulfur gaseous fuels in the range from
0.001 to 20 parts per million by volume (ppm/v);
     ASTM D2622-21, Standard Test Method for Sulfur in
Petroleum Products by Wavelength Dispersive X-ray Fluorescence
Spectrometry, IBR to be approved for Sec.  49.130. This test method
covers the determination of total sulfur in petroleum and petroleum
products that are single-phase and either liquid at ambient conditions,
liquefiable with moderate heat, or soluble in hydrocarbon solvents.
These materials can include diesel fuel, jet fuel, kerosene, other
distillate oil, naphtha, residual oil, lubricating base oil, hydraulic
oil, crude oil, unleaded gasoline, gasoline-ethanol blends, and
biodiesel; and
     ASTM D6228-19, Standard Test Method for Determination of
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography
and Flame Photometric Detection, IBR to be approved for Sec.  49.130.
This test method covers the determination of individual volatile
sulfur-containing compounds in gaseous fuels by gas chromatography

with a flame photometric detector or a pulsed flame photometric
detector.
    These ASTM standards were developed and adopted by ASTM. This
material is available for inspection by appointment at the EPA Region
10, Air and Radiation Division, 1200 Sixth Avenue, Seattle, Washington
98101 by contacting the individual listed in the FOR FURTHER
INFORMATION CONTACT section, and is available from the sources
indicated below. The ASTM standards may also be obtained from
www.astm.org or from the ASTM at 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. OMB determined
this action is significant based on a finding of novel policy issues,
specifically that this action impacts Indian Tribes. Any changes made
in response to OMB recommendations have been documented in the docket.
The EPA prepared an economic analysis of the potential costs and
benefits associated with this action. This analysis, ``Economic Impact
Analysis for the Revised Federal Implementation Plans Under the Clean
Air Act for Indian Reservations in Idaho, Oregon, and Washington'' is
available in the docket.

B. Paperwork Reduction Act (PRA)

    OMB has previously approved the information collection activities
contained in the existing regulations and has assigned OMB control
number 2060-0558. Information collection activities in this proposed
rule have been submitted for approval to the Office of Management and
Budget (OMB) under the PRA. The Information Collection Request (ICR)
document that the EPA prepared has been assigned EPA ICR # 2730.01.
    The record-keeping and reporting burden for this collection of
information is described in the following paragraphs. As discussed in
section C of this preamble, ``burden'' refers means to the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency.
    In 2005, the EPA promulgated Federal Implementation Plans (FIPs)
under the Clean Air Act (CAA) for Indian reservations located in Idaho,
Oregon and Washington. The FIPs, also referred to as Federal Air Rules
for Reservations (FARR), include basic air quality regulations to
protect health and welfare on Indian reservations located in the
Northwest. These rules are implemented by EPA Region 10 and delegated
to Tribes. EPA Region 10 is proposing revisions to the FARR, including
clarifying aspects of the initial rules; removing an exemption to the
limiting visible emissions rule for smudge pots and adding new rules
for residential solid fuel heating devices and woodstove curtailment;
splitting the rule for general open burning permits into a large open
burn and two small open burn permit options; removing provisions that
have been superseded by provisions of the Tribal New Source Review
(NSR) rule; and moving to online registration of air pollution sources
and emissions reporting. In addition, EPA Region 10 is promulgating
three new FIPs implementing the FARR on the Snoqualmie Indian
Reservation, the Cowlitz Indian Reservation, and the lands held in
trust for the Samish Indian Nation. These revisions also clarify that
the FARR applies to lands held in trust for a Tribe that has not been
formally designated as a reservation.
    The Office of Management and Budget (OMB) approved an Information
Collection Request (ICR) entitled ``Federal Implementation Plans Under
the Clean Air Act for Indian Reservations in Idaho, Oregon and
Washington'' (OMB Control Number 2060-0558), on November 16, 2004 for
the FARR as originally promulgated in 2005. Renewals of the ICR were
approved by OMB on May 23, 2008; August 3, 2011; March 16, 2015; and
August 31, 2018, with the latest renewal (EPA ICR # 2020.09) submitted
to OMB for review and approval and published in the Federal Register on
8/13/2021 (86 FR 44708). This new ICR addresses the proposed revisions
to the FARR listed above and provides burden estimates for respondents
to comply with the various FIP provisions required by subpart M of this
part Implementation Plans for Tribes--Region 10. The rulemaking effort
will utilize a new OMB control number and EPA ICR number. Any approved
information collection activities associated with the final rule will
be reintegrated with the base collection (under control number 2060-
0558) at a later date.
    Respondents/affected entities: Entities potentially affected by
this action include owners and operators of emission sources in all
industry groups and tribal, Federal, and local governments, landowners
who conduct open burning and owners of residential wood burning
devices, located in the identified Indian reservations. Categories of
entities potentially affected by this proposed information collection
are summarized in Table 1 in the ICR.
    Respondent's obligation to respond: Respondent's obligation to
respond is mandatory. See Sec. Sec.  49.122, 49.126, 49.130 through
134, 49.138 through 49.142.
    Estimated number of respondents: 2,731.
    Frequency of response: Annual or Occasional.
    Total estimated burden: 5354.5 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $424,300 (per year), includes no annualized
capital or operation & maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this rule. The EPA will respond to any ICR-related
comments in the final rule. You may also send your ICR-related comments
to OMB's Office of Information and Regulatory Affairs using the
interface at www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under Review--Open for
Public Comments'' or by using the search function. OMB must receive
comments no later than December 12, 2022.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. Under
the RFA, ``small entity'' includes small businesses, small governments,
and small organizations, as defined in 5 U.S.C. 601. The small entities
subject to the requirements of this action are primarily small
businesses, although there may be small organizations and small
governmental jurisdictions that are impacted as well. Among
individually identified entities

expected to be impacted by these rules, 108 out of 140 (77%) \14\ were
classified as small entities, all of which are small businesses. There
are an array of different types of businesses that would be impacted.
Industrial categories subject to the FARR include gasoline stations,
forest products, cement, asphalt paving, automotive repair, lodging,
and other sectors. None of the identified facilities expected to incur
costs under these rules are believed to be owned by small governments.
In addition to the identified entities, there are a number of general
contractors, fire protection services, farmers, foresters, and
orchardists that are expected to incur costs each year to apply for
burn permits or comply with other recordkeeping and reporting
requirements. We have estimated that an average of about 2,010 entities
would incur costs for preparing burn permits or other requirements each
year. These entities are not specifically identified so we used a
conservative assumption that they are all small. They are expected to
be comprised primarily of small businesses, but small governmental
jurisdictions may incur costs for their fire protection services to
obtain annual open burning permits to conduct trainings. Small non-
profits may also be impacted. The Agency has determined that the
identified small entities may experience an impact averaging about 0.1
percent of revenues, with no entities expected to incur costs greater
than 1 percent of their annual revenues. Similarly, among unidentified
entities that are expected to experience positive regulatory costs, the
estimated costs are so low relative to typical revenues in the impacted
sectors that no entities are expected to experience cost greater than 1
percent of annual revenues. Details of this analysis are presented in
the EIA included in the docket. Although this proposed rulemaking will
not have a significant economic impact on a substantial number of small
entities, the EPA has included a number of exemptions in the rules
where appropriate to reduce impacts of this rulemaking on small
entities. In addition, in developing this proposal, the EPA coordinated
and consulted with Tribal governments regarding the potential impacts
of these rules (see Section IV.F. of this preamble). In order to better
understand the implications of these rules for small entities, as part
of the coordination and consultation with Tribal representatives, the
EPA also explored the possible effects for small businesses operating
on Tribal lands. We continue to seek information regarding the
potential impacts of the proposed rulemaking on small entities and
welcome comments on issues related to such impacts.
---------------------------------------------------------------------------

    \14\ This represents the number of businesses that have
registered under the FARR.
---------------------------------------------------------------------------

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The EPA has
determined that this rulemaking does not contain a Federal mandate that
may result in expenditures of $100 million or more for State, local,
and Tribal governments, in the aggregate, or the private sector in any
one year. With regard to State and local governments, there is no
expenditure because these rules only apply on Indian reservations. With
regard to Tribal governments the proposed revisions will not have an
economic impact on Tribal governments because the implementation and
enforcement responsibility for the proposed revisions rests with the
EPA unless a Tribe seeks delegation to implement or otherwise seeks to
assist the EPA in one or more aspects of the FARR on its reservation.
Thus, this rule are not subject to the requirements of sections 202 and
205 of UMRA.
    As explained in the discussion of Executive Order 13175 in section
F of this preamble below, we notified all potentially affected Tribal
governments of the requirements in these proposed rules. Further,
although there are no significant Federal intergovernmental mandates,
we provided officials of all potentially affected Tribal governments an
opportunity for meaningful and timely input in the development of the
regulatory proposal. Finally, through consultation meetings and other
forums, we will continue to keep Tribal governments involved by
providing them with opportunities for learning about and receiving
advice on compliance with the regulatory requirements.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.

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

    This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. The proposed revisions
would significantly affect specific Indian reservations in Idaho,
Oregon, and Washington by imposing necessary or appropriate air quality
regulations and creating an improved level of air quality protection on
the affected Indian reservations. The air quality revisions proposed
here are applicable broadly to all sources within the identified Indian
reservations and are not uniquely applicable to Tribal governments.
Tribal governments may incur some compliance costs in meeting those
requirements that apply to sources they own or operate; however, the
economic impacts analysis indicates that those costs would not be
substantial. Finally, although Tribal governments are encouraged to
partner with the EPA on the implementation of these regulations, they
are not required to do so. In addition, the EPA will seek to provide
funding to Tribes that apply for delegation of the EPA's authority to
administer specific rules to support their activities. Because these
proposed revisions will neither impose substantial direct compliance
costs on Tribal governments, nor preempt Tribal law, the requirements
of sections 5(b) and 5(c) of the Executive Order do not apply to the
proposed revisions.
    The EPA consulted with tribal officials under the EPA Policy on
Consultation and Coordination with Indian Tribes early in the process
of developing this regulation to permit them to have meaningful and
timely input into its development. A summary of that consultation is
provided in the document, ``Coordination and Consultation Record,''
included in the docket for this notice. The proposed revisions are
based on the EPA's and Tribes' experience in implementing the FARR
since 2005, including instances where the FARR was not being
interpreted as the EPA had intended, as well as changes in related air
quality regulations and changes in air quality in some affected areas.
Early on in the process, in 2010, we offered all affected Tribes the
opportunity to consult on proposed revisions to the FARR, and conducted
formal consultations with three Tribes in response to that offer. We
also provided Tribes the opportunity early on to participate in
conference calls to learn more about potential rule revision and worked

collaboratively with tribal environmental staff as we developed draft
revisions.
    The EPA provided drafts of the proposed FARR revisions to the
leaders and environmental staff of the affected Tribes in 2016 and
2020. Several Tribes requested formal consultation in response. The EPA
also conducted a webinar in 2020 to provide an overview of the latest
draft revisions that 10 Tribes attended, and the EPA discussed the
draft revisions with Tribal environmental staff at various points in
the process. The overall response to the proposed revisions from Tribal
leaders and environmental staff was generally favorable, and the EPA
received valuable suggestions for improvements to the rule itself, as
well as outreach and implementation for once the revisions are
finalized.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action generally increases the level of environmental
protection for affected populations (persons living on Indian
reservations). The proposed revisions would provide regulatory
certainty and necessary or appropriate regulation on Indian
reservations, and reduce emissions from sources complying with these
regulations. Consequently, the regulations are expected to result in
health benefits to persons living on Indian reservations.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards. The EPA proposes to
continue using the ASTM Methods and generally accepted test methods
previously promulgated by the EPA, as updated since 2005. Because these
methods were used under the FARR rules as promulgated in 2005 and are
still widely used by State and local agencies for determining
compliance with similar rules, the EPA continues to believe these
technical standards are the most appropriate and will not require any
alternative technical standards.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
Section II.C. of this preamble provides additional information
regarding Environmental Justice. This action generally increases the
level of environmental protection for affected populations (persons
living on Indian reservations). The proposed revisions would provide
necessary or appropriate regulation on Indian reservations, and reduce
emissions from sources complying with these regulations. Consequently,
the regulations are expected to result in health benefits to persons
living on Indian reservations, many of whom live in low-income and
communities of color.

List of Subjects in 40 CFR Part 49

    Environmental protection, Air pollution control, Administrative Act
and Procedure, Incorporation by reference, Indians, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.

    Dated: September 15, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 49 is
proposed to be amended as follows:

PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT

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

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

Subpart C--General Federal implementation Plan Provisions

0
2. Revise the undesignated heading immediately following reserved
Sec. Sec.  49.106 through 49.120 and Sec. Sec.  49.121 through 49.139
to read as follows:
* * * * *
Sec.
General Rules for Application to Indian Reservations in Idaho, Oregon,
and Washington
49.121 Introduction.
49.122 Partial delegation of administrative authority to a Tribe.
49.123 General provisions.
49.124 Rule for limiting visible emissions.
49.125 Rule for limiting the emissions of particulate matter.
49.126 Rule for limiting fugitive particulate matter emissions.
49.127 Rule for woodwaste burners.
49.128 Rule for limiting particulate matter emissions from wood
products industry sources.
49.129 Rule for limiting emissions of sulfur dioxide.
49.130 Rule for limiting sulfur in fuels.
49.131 General rule for open burning.
49.132 Rule for large open burning permits.
49.133 Rule for agricultural burning permits.
49.134 Rule for forestry and silvicultural burning permits.
49.135 Rule for emissions detrimental to public health or welfare.
49.136 [Reserved]
49.137 Rule for air pollution episodes.
49.138 Rule for the registration of air pollution sources and the
reporting of emissions.
49.139 Rule for non-Title V operating permits.
* * * * *

General Rules for Application to Indian Reservations in Idaho, Oregon,
and Washington

Sec.  49.121  Introduction.

    (a) What is the purpose of Sec. Sec.  49.121 through 49.143? These
sections establish emission limitations and other requirements for air
pollution sources located within Indian reservations in Idaho, Oregon,
and Washington that are appropriate in order to ensure a basic level of
air pollution control and to protect public health and welfare.
    (b) How were these sections developed? These sections were
developed in consultation with the Indian Tribes located in Idaho,
Oregon, and Washington and with input from the public and State and
local governments in EPA Region 10. These sections take into
consideration the current air quality situations within Indian
reservations, the known sources of air pollution, the needs and
concerns of the Indian Tribes in that portion of EPA Region 10, and the
air quality rules in adjacent jurisdictions.
    (c) When are these sections applicable to sources on a particular
Indian reservation? These sections apply to air pollution sources on a
particular Indian reservation when EPA has specifically promulgated one
or more rules for that reservation in subpart M of this part. Rules
will be promulgated through notice and comment rulemaking and will be
specifically identified in the implementation plan for that reservation
in subpart M of this part. Once EPA has promulgated one or more rules
for an Indian reservation, such rules will apply

without further action to any subsequently established reservation
lands of the specified Indian Tribe or Tribes.

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

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

Sec.  49.123  General provisions.

    (a) Definitions. The following definitions apply for the purposes
of Sec. Sec.  49.121 through 49.143. Terms not defined in this
paragraph (a) have the meaning given to them in the Clean Air Act.
    Actual emissions means the actual rate of emissions, in tons per
year, of an air pollutant emitted from an air pollution source. For an
existing air pollution source, the actual emissions are the actual rate
of emissions for the preceding calendar year and must be calculated
using the actual operating hours, production rates, in-place control
equipment, and types of materials processed, stored, or combusted
during the preceding calendar year. For a new air pollution source that
did not operate during the preceding calendar year, the actual
emissions are the estimated actual rate of emissions for the current
calendar year.
    Administrator means the Administrator of the United States
Environmental Protection Agency (EPA) or an authorized representative
of the Administrator.
    Agricultural activities means the usual and customary activities of
cultivating the soil, growing or harvesting crops, and raising
livestock for use and consumption. Agricultural activities do not
include manufacturing, bulk storage, preparing or handling for resale,
or the formulation of any agricultural chemical. Examples of activities
that are not agricultural activities include hop drying in kilns and
distillation of mint oil.
    Agricultural burn or agricultural burning means the open burning of
vegetative debris from an agricultural activity that is necessary for
disease or pest control, or for crop propagation and/or crop rotation.
    Air pollutant means any air pollution agent or combination of such
agents, including any physical, chemical, biological, radioactive
(including source material, special nuclear material, and by-product
material) substance or matter that is emitted into or otherwise enters
the ambient air. Such term includes any precursors to the formation of
any air pollutant, to the extent the Administrator has identified such
precursor or precursors for the particular purpose for which the term
air pollutant is used.
    Air pollution source (or source) means any building, structure,
facility, installation, activity, or equipment, or combination of
these, that emits, or may emit, an air pollutant.
    Allowable emissions mean the emission rate of an air pollution
source calculated using the maximum rated capacity of the source
(unless the source is subject to Federally-enforceable limits that
restrict the operating rate, hours of operation, or both) and the most
stringent of the following:
    (i) The applicable standards in 40 CFR parts 60, 61, 62, and 63;
    (ii) The applicable implementation plan emission limitations,
including those with a future compliance date; or
    (iii) The emissions rates specified in Federally-enforceable permit
conditions.
    Ambient air means that portion of the atmosphere, external to
buildings, to which the general public has access.
    British thermal unit (Btu) means the quantity of heat necessary to
raise the

temperature of one pound of water one degree Fahrenheit.
    Clean Air Act means 42 U.S.C. 7401 et seq.
    Coal means all fuels classified as anthracite, bituminous, sub-
bituminous, or lignite in ASTM D388.
    Combustion source means any air pollution source that combusts a
solid fuel, liquid fuel, or gaseous fuel, or an incinerator.
    Continuous emissions monitoring system (CEMS) means the total
equipment used to sample, condition (if applicable), analyze, and
provide a permanent continuous record of emissions.
    Continuous opacity monitoring system (COMS) means the total
equipment used to sample, analyze, and provide a permanent continuous
record of opacity.
    Cooking fire means any open burn in a fire pit or outdoor appliance
for the purpose of cooking food. A cooking fire may only burn firewood,
charcoal briquettes, wood pellets, wood chips, or other fuels suitable
for cooking food.
    Distillate fuel oil means any oil meeting the specifications of
ASTM Grade 1 or Grade 2 fuel oils in ASTM D396.
    Emission means a direct or indirect release into the atmosphere of
any air pollutant or air pollutants released into the atmosphere.
    Emission factor means an estimate of the amount of an air pollutant
that is released into the atmosphere, as the result of an activity, in
terms of mass of emissions per unit of activity (for example, the
pounds of sulfur dioxide emitted per gallon of fuel burned).
    Emission unit means any part of an air pollution source that emits,
or may emit, air pollutants into the atmosphere.
    Federally enforceable means all limitations and conditions that are
enforceable by the Administrator.
    Forestry or silvicultural activities means those activities
associated with regeneration, growing, and harvesting of trees and
timber including, but not limited to, preparing sites for new stands of
trees to be either planted or allowed to regenerate through natural
means, road construction and road maintenance, fertilization, logging
operations, and forest management techniques employed to enhance the
growth of stands of trees or timber.
    Forestry or silvicultural burn or forestry or silvicultural burning
means the open burning of vegetative debris from a forestry or
silvicultural activity that is necessary for disease or pest control,
reduction of fire hazard, reforestation, or ecosystem management. This
includes prescribed fire as defined in 40 CFR 50.1(m).
    Fuel means any solid, liquid, or gaseous material that is combusted
in order to produce heat or energy.
    Fuel oil means a liquid fuel derived from crude oil or petroleum,
including distillate oil, residual oil, and used oil.
    Fugitive dust means a particulate matter emission made airborne by
forces of wind, mechanical disturbance of surfaces, or both. Unpaved
roads and construction sites are examples of sources of fugitive dust.
    Fugitive particulate matter means particulate matter emissions that
do not pass through a stack, chimney, vent, or other functionally
equivalent opening. Fugitive particulate matter includes fugitive dust.
    Gaseous fuel means any fuel that exists in a gaseous state at
standard conditions including, but not limited to, natural gas,
propane, fuel gas, process gas, and landfill gas.
    Grate cleaning means removing ash and other non-combustibles from
fireboxes.
    Hardboard means a flat panel made from wood that has been reduced
to basic wood fibers and bonded by adhesive properties under pressure.
    Heat input means the total gross calorific value [where gross
calorific value is measured by ASTM D240, ASTM D1826, or ASTM D5865/
D5865M] of all fuels burned.
    Hog fuel or hogged fuel means wood chips or shavings, residue from
sawmills, and other wood processing residue.
    Implementation plan means a Tribal implementation plan approved by
EPA pursuant to this part or 40 CFR part 51, or a Federal
implementation plan promulgated by EPA in this part or in 40 CFR part
52 that applies in Indian country, or a combination of Tribal and
Federal implementation plans.
    Incinerator means any device, including a flare, designed to reduce
the volume of solid, liquid, or gaseous waste by combustion. This
includes air curtain incinerators but does not include open burning.
    Indian country means:
    (i) All land within the limits of any Indian reservation under the
jurisdiction of the United States government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation.
    (ii) All dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State.
    (iii) All Indian allotments, the Indian titles to which have not
been extinguished, including rights-of-way running through the same.
    Indian reservation, which is included in the definition of Indian
country and used elsewhere in this rule, means all land within the
limits of any Indian reservation under the jurisdiction of the United
States government, notwithstanding the issuance of any patent, and
including rights-of-way running through the reservation. Under this
definition, Indian reservations include lands held in trust by the
United States government for the benefit of an Indian Tribe even if the
trust lands have not been formally designated as a reservation.
    Intermediate change to monitoring means an ``intermediate change to
monitoring'' as defined in 40 CFR 63.90(a).
    Large open burn or large open burning means the open burning of a
single pile of materials greater than 10 feet in diameter or more than
60 feet of ditch bank or fence line vegetation.
    Major change to monitoring means a ``major change to monitoring''
as defined in 40 CFR 63.90(a).
    Marine vessel means a waterborne craft, ship, or barge.
    Minor change to monitoring means a ``minor change to monitoring''
as defined in 40 CFR 63.90(a).
    Minor change to recordkeeping/reporting means a ``minor change to
recordkeeping/reporting'' as defined in 40 CFR 63.90(a), except it does
not include ``Changes related to compliance extensions granted pursuant
to Sec.  63.6(i)'' of this chapter.
    Minor change to test method means a ``minor change to test method''
as defined in 40 CFR 63.90(a).
    Mobile sources means locomotives, aircraft, motor vehicles, nonroad
vehicles, nonroad engines, and marine vessels.
    Motor vehicle means any self-propelled vehicle designed for
transporting people or property on a street or highway.
    New air pollution source means, for the purposes of the ``Rule for
registration of air pollution sources and reporting of emissions'' in
Sec.  49.138, an air pollution source that begins actual construction
after the dates specified in Sec.  49.138(e)(1)(ii), (iv) or (vi), as
applicable.
    Noncombustibles means materials that are not flammable, capable of
catching fire, or burning.
    Nonroad engine means a ``nonroad engine'' as defined in 40 CFR
1068.30.
    Nonroad vehicle means a vehicle that is powered by a nonroad engine
and

that is not a motor vehicle or a vehicle used solely for competition.
    Non-Title V operating permit means a permit issued by the Regional
Administrator pursuant to Sec.  49.139 Rule for non-Title V operating
permits.
    Oil-fired boiler means a furnace or boiler used for combusting fuel
oil for the primary purpose of producing steam or hot water by heat
transfer.
    Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background. For
continuous opacity monitoring systems, opacity means the fraction of
incident light that is attenuated by an optical medium.
    Open burn or open burning means the burning of a material that
results in the products of combustion being emitted directly into the
atmosphere without passing through a stack. Open burning includes
burning in burn barrels.
    Orchard heating device or orchard heater means a fuel burning
device capable of being used for frost-prevention or protection in
orchards, vineyards, field crops or truck crops. Smudge pots and open-
pot heaters are types of orchard heating devices.
    Owner or operator means any person who owns, leases, operates,
controls, or supervises an air pollution source.
    Part 71 source means any source subject to the permitting
requirements of 40 CFR part 71, as provided in 40 CFR 71.3(a) and (b).
    Particleboard means a matformed flat panel consisting of wood
particles bonded together with synthetic resin or other suitable
binder.
    Particulate matter means any airborne finely divided solid or
liquid material, other than uncombined water. Particulate matter
includes, but is not limited to, PM2.5 and PM10.
    Permit to construct or construction permit means a permit issued by
the Regional Administrator pursuant to this part or 40 CFR part 52, or
a permit issued by a Tribe pursuant to a program approved by the
Administrator under 40 CFR part 51, subpart I, authorizing the
construction or modification of a stationary source.
    Permit to operate or operating permit means a permit issued by the
Regional Administrator pursuant to Sec. Sec.  49.139 and 49.158, 40 CFR
part 71, or by a Tribe pursuant to a program approved by the
Administrator under 40 CFR part 51 or 40 CFR part 70, authorizing the
operation of a stationary source.
    Plywood means a flat panel built generally of an odd number of thin
sheets of veneers of wood in which the grain direction of each ply or
layer is at right angles to the one adjacent to it.
    PM2.5 means particulate matter with an aerodynamic diameter less
than or equal to 2.5 micrometers.
    PM10 means particulate matter with an aerodynamic diameter less
than or equal to 10 micrometers.
    Potential to emit means the maximum capacity of an air pollution
source to emit an air pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of the
air pollution source to emit an air pollutant, including air pollution
control equipment and restrictions on hours of operation or on the type
or amount of material combusted, stored, or processed, shall be treated
as part of its design if the limitation or the effect it would have on
emissions is Federally enforceable.
    Press/Cooling vent means any opening through which particulate and
gaseous emissions from plywood, particleboard, or hardboard
manufacturing are exhausted, either by natural draft or powered fan,
from the building housing the process. Such openings are generally
located immediately above the board press, board unloader, or board
cooling area.
    Process source means an air pollution source using a procedure or
combination of procedures for the purpose of causing a change in
material by either chemical or physical means, excluding combustion.
    Rated capacity means the maximum sustainable capacity of the
equipment.
    Recreational fire means a campfire or a bonfire burning materials
authorized under Sec.  49.131(d)(1)(i) and (iii) for pleasure or
celebratory purposes. Cooking fires and fires used for debris disposal
purposes are not considered recreational fires.
    Reference method means any method of sampling and analyzing for an
air pollutant as specified in the applicable section.
    Regional Administrator means the Regional Administrator of EPA
Region 10 or an authorized representative of the Regional
Administrator.
    Residential central heater means a residential wood burning device
that is a ``central heater'' as defined in 40 CFR 60.5473.
    Residential forced-air furnace means a residential wood burning
device that is a ``residential forced-air furnace'' as defined in 40
CFR 60.5473.
    Residential hydronic heater means a residential wood burning device
that is a ``residential hydronic heater'' as defined in 40 CFR 60.5473.
    Residential wood burning device means any wood burning device that
supplies heat to a single-family residence (including a boarding house
or a residence with a ``mother in law'' unit) or any wood burning
device installed in an individual unit of a multiple unit structure
such as a condominium, apartment, duplex, multiplex, hotel, motel, or
resort. This includes, but is not limited to, wood stoves, fireplaces,
fireplace inserts, residential wood heaters, residential hydronic
heaters, residential forced-air furnaces, and residential central
heaters.
    Residential wood heater means a residential wood burning device
that is a ``wood heater'' as defined in 40 CFR 60.531 or 40 CFR
60.5473.
    Residual fuel oil means any oil meeting the specifications of ASTM
Grade 4, Grade 5, or Grade 6 fuel oils in ASTM D396.
    Small open burn or small open burning means the open burning of a
single pile of materials that is 10 feet or less in diameter or 60 feet
or less of ditch bank or fence line vegetation.
    Solid fuel means wood, refuse, refuse-derived fuel, tires, tire-
derived fuel, and other solid combustible material (other than coal),
including any combination thereof.
    Solid fuel-fired boiler means a furnace or boiler used for
combusting solid fuel for the primary purpose of producing steam or hot
water by heat transfer.
    Soot blowing means using steam or compressed air to remove carbon
from a furnace or from a boiler's heat transfer surfaces.
    Source means the same as air pollution source.
    Stack means any point in a source that conducts air pollutants to
the atmosphere, including, but not limited to, a chimney, flue,
conduit, pipe, vent, or duct, but not including a flare.
    Standard conditions means a temperature of 293 degrees Kelvin (68
degrees Fahrenheit, 20 degrees Celsius) and a pressure of 101.3
kilopascals (29.92 inches of mercury).
    Start-up means the setting into operation of a piece of equipment.
    Stationary source means any building, structure, facility, or
installation that emits, or may emit, any air pollutant.
    Tempering oven means any facility used to bake hardboard following
an oil treatment process.
    Uncombined water means droplets of water that have not combined
with hygroscopic particles or do not contain dissolved solids.
    Untreated wood means wood of any species that has not been
chemically impregnated, painted, coated, or similarly modified to
prevent weathering and deterioration.
    Used oil means petroleum products that have been recovered from
another application.

    Veneer means a single flat panel of wood not exceeding \1/4\ inch
in thickness formed by slicing or peeling from a log.
    Veneer dryer means equipment in which veneer is dried.
    Visible emissions means air pollutants in sufficient amount to be
observable to the human eye.
    Wood means wood, wood residue, wood waste, hog fuel, bark, or any
derivative or residue thereof, in any form, including but not limited
to sawdust, sander dust, wood chips, scraps, slabs, millings, shavings,
and processed pellets made from wood or other forest residues.
    Wood-fired boiler means a furnace or boiler used for combusting
wood for the primary purpose of producing steam or hot water by heat
transfer.
    Wood-fired veneer dryer means a veneer dryer that is directly
heated by the products of combustion of wood in addition to, or
exclusive of, steam or natural gas or propane combustion.
    Woodwaste burner means a conical burner, silo burner, olivine
burner, truncated cone burner, or other such woodwaste-burning device
used by the wood products industry for the disposal of wood wastes.
    (b) Requirement for testing. The Regional Administrator may
require, in a permit to construct or a permit to operate, that a person
demonstrate compliance with any applicable emission limitation or
standard in subpart M of this part by performing a source test and
submitting the test results to the Regional Administrator. A person may
also be required by the Regional Administrator, in a permit to
construct or permit to operate, to install and operate a COMS or a CEMS
to demonstrate compliance. Nothing in subpart M of this part limits the
authority of the Regional Administrator to require, in an information
request pursuant to section 114 of the Clean Air Act, a person to
demonstrate compliance by performing source testing, even where the
source does not have a permit to construct or a permit to operate.
    (c) Requirement for monitoring, recordkeeping, and reporting.
Nothing in subpart M of this part precludes the Regional Administrator
from requiring monitoring, recordkeeping, and reporting, including
monitoring, recordkeeping, and reporting in addition to that already
required by an applicable requirement, in a permit to construct or
permit to operate in order to ensure compliance.
    (d) Alternatives to required testing, monitoring, recordkeeping and
reporting. (1) Performance tests shall be conducted, and data shall be
reduced in accordance with the test methods and procedures set forth in
each relevant standard, and, if required, in applicable appendices of
40 CFR parts 51, 60, 61, and 63 unless the Regional Administrator:
    (i) Specifies or approves, in specific cases, the use of a test
method with minor changes in methodology. Such changes may be approved
in conjunction with approval of the site-specific test plan; or
    (ii) Approves shorter sampling times or smaller sample volumes when
necessitated by process variables or other factors; or
    (iii) Waives the requirement for performance tests because the
owner or operator of an affected source has demonstrated by other means
to the Regional Administrator's satisfaction that the affected source
is in compliance with the relevant standard.
    (2) Monitoring shall be conducted as set forth in the relevant
standard(s) unless the Regional Administrator:
    (i) Specifies or approves the use of minor changes in methodology
for the specified monitoring requirements and procedures; or
    (ii) Approves the use of an intermediate or major change or
alternative to any monitoring requirements or procedures.
    (3) Recordkeeping or reporting shall be conducted as set forth in
the relevant standard(s) unless the Regional Administrator:
    (i) Specifies or approves the use of minor changes to
recordkeeping/reporting for the specified requirements and procedures;
or
    (ii) A waiver of a recordkeeping or reporting requirement has been
granted by the Regional Administrator under this paragraph:
    (A) Recordkeeping or reporting requirements may be waived upon
written application to the Regional Administrator if, in the Regional
Administrator's judgment, the affected source is achieving the relevant
standard(s). The application shall include whatever information the
owner or operator considers useful to convince the Regional
Administrator that a waiver of recordkeeping or reporting is warranted.
    (B) A waiver of any recordkeeping or reporting requirement granted
under this paragraph may be conditioned on other recordkeeping or
reporting requirements deemed necessary by the Regional Administrator.
    (C) Approval of any waiver granted under this section shall not
abrogate the Regional Administrator's authority under the Clean Air Act
or in any way prohibit the Regional Administrator from later canceling
the waiver. The cancellation will be made only after notice is given to
the owner or operator of the affected source.
    (e) Credible evidence. For the purposes of submitting compliance
certifications or establishing whether or not a person has violated or
is in violation of any requirement, nothing in subpart M of this part
precludes the use, including the exclusive use, of any credible
evidence or information relevant to whether a source would have been in
compliance with applicable requirements if the appropriate performance
or compliance test had been performed.
    (f) Performance test. Unless otherwise specified in the applicable
standard or test method: (1) Each performance test shall consist of
three valid test runs using the applicable test method and each run
shall be conducted for the time and under the conditions specified in
the applicable standard or test method.
    (2) The arithmetic mean of the results of the three valid runs
shall be compared to the applicable standard for purposes of
determining compliance with the applicable standard using the
applicable test method.
    (3) In the event that a sample is accidentally lost or conditions
occur in which one of the three runs must be discontinued because of
forced shutdown, failure of an irreplaceable portion of the sample
train, extreme meteorological conditions, or other circumstances,
beyond the owner or operator's control, compliance may, upon the
Regional Administrator's written approval, be determined using the
arithmetic mean of the results of the two other runs.
    (g) Incorporation by reference. The material listed in this
paragraph (g) is incorporated by reference into this section with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the EPA and at the National Archives and Records
Administration (NARA). Contact EPA at: EPA Region 10, Air and Radiation
Division, 1200 Sixth Avenue, Seattle, Washington 98101; phone: 206-553-
1200; website: www.epa.gov/aboutepa/epa-region-10-pacific-northwest.
For information on the availability of this material at NARA, email:
[email protected]; website: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from ASTM
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;
telephone:<PHONE_NUMBER>; email: [email protected]; website:
www.astm.org.

    (1) ASTM D388-19a, Standard Classification of Coals by Rank.
    (2) ASTM D396-21, Standard Specification for Fuel Oils.
    (3) ASTM D240-19, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb Calorimeter.
    (4) ASTM D1826-94 (Reapproved 2017), Standard Test Method for
Calorific (Heating) Value of Gases in Natural Gas Range by Continuous
Recording Calorimeter.
    (5) ASTM D5865/D5865M-19, Standard Test Method for Gross Calorific
Value of Coal and Coke.

Sec.  49.124  Rule for limiting visible emissions.

    (a) What is the purpose of this section? This section limits the
visible emissions of air pollutants from certain air pollution sources
operating within an Indian reservation to control emissions of
particulate matter to the atmosphere and ground-level concentrations of
PM2.5 and PM10, to detect the violation of other
requirements in subpart M of this part, and to indicate whether a
source is continuously maintained and properly operated.
    (b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source that emits, or
could emit, particulate matter or other visible air pollutants to the
atmosphere, unless exempted in paragraph (c) of this section.
    (c) What is exempted from this section? This section does not apply
to open burning; agricultural activities (except orchard heating
devices); forestry and silvicultural activities; sweat houses or
lodges; non-commercial smoke houses; public roads owned or maintained
by any Federal, Tribal, State, or local government; emissions from fuel
combustion in mobile sources; or activities associated with single-
family residences or residential buildings with four or fewer dwelling
units.
    (d) What are the opacity limits for air pollution sources? (1) The
visible emissions from an air pollution source must not exceed 20%
opacity, averaged over any consecutive 6-minute period, unless
paragraph (d)(2), (3) or (4) of this section applies to the air
pollution source.
    (2) The visible emissions from an air pollution source may exceed
the 20% opacity limit if the owner or operator of the air pollution
source demonstrates to the Regional Administrator's satisfaction that
the presence of uncombined water, such as steam, is the only reason for
the failure of an air pollution source to meet the 20% opacity limit.
    (3) The visible emissions from an oil-fired boiler or solid fuel-
fired boiler that continuously measures opacity with a COMS may exceed
the 20% opacity limit during start-up, soot blowing, and grate cleaning
for a single period of up to 15 consecutive minutes in any eight
consecutive hours, but must not exceed 60% opacity at any time.
    (4) Starting [DATE THREE YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE], the visible emissions from an orchard heating device must
not exceed 20% opacity, averaged over any consecutive 6-minute period:
    (i) If orchard heating devices cannot comply with the 20% opacity
limit and alternatives that are capable of complying with the 20%
opacity limit are not reasonably available, the owner or operator of an
orchard heating device may apply to the Regional Administrator for an
extension of the three-year deadline. The application for an extension
must include an explanation of why no complying alternatives are
reasonably available.
    (ii) If the Regional Administrator finds that there are no
reasonably available complying alternatives, then a two-year extension
of the deadline may be granted. There is no limit to the number of
extensions that may be granted by the Regional Administrator.
    (e) What is the reference method for determining compliance? (1)
The reference method for determining compliance with the opacity limits
is EPA Method 9. A complete description of this method is found in
appendix A to 40 CFR part 60.
    (2) An alternative reference method for determining compliance is a
COMS that complies with Performance Specification 1 found in appendix B
to 40 CFR part 60.

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

    (a) What is the purpose of this section? This section limits the
amount of particulate matter that may be emitted to the atmosphere from
certain air pollution sources operating within an Indian reservation to
control ground-level concentrations of PM2.5 and
PM10.
    (b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source that emits, or
could emit, particulate matter to the atmosphere through a stack,
unless exempted in paragraph (c) of this section.
    (c) What is exempted from this section? This section does not apply
to woodwaste burners; furnaces and boilers used exclusively for space
heating with a rated heat input capacity of less than 400,000 Btu per
hour; non-commercial smoke houses; sweat houses or lodges; orchard
heating devices; mobile sources; or activities associated with single-
family residences or residential buildings with four or fewer dwelling
units.
    (d) What are the particulate matter limits for air pollution
sources? (1) Particulate matter emissions from a combustion source
stack (except for wood-fired boilers) must not exceed an average of
0.23 grams per dry standard cubic meter (0.10 grains per dry standard
cubic foot), corrected to seven percent oxygen, during any 3-hour
period.
    (2) Particulate matter emissions from a wood-fired boiler stack
must not exceed an average of 0.46 grams per dry standard cubic meter
(0.20 grains per dry standard cubic foot), corrected to seven percent
oxygen, during any 3-hour period.
    (3) Particulate matter emissions from a process source stack, or
any other stack not subject to paragraph (d)(1) or (2) of this section,
must not exceed an average of 0.23 grams per dry standard cubic meter
(0.10 grains per dry standard cubic foot), during any 3-hour period.
    (e) What is the reference method for determining compliance? (1)
The reference method for determining compliance with the particulate
matter limits is EPA Method 5. A complete description of this method is
found in appendix A to 40 CFR part 60.
    (2) EPA Methods 1 through 4, as appropriate, must be conducted in
conjunction with Method 5 to calculate the volumetric flow, oxygen
content, and moisture content of the samples. A complete description of
these additional test methods is found in appendix A to 40 CFR part 60.

Sec.  49.126  Rule for limiting fugitive particulate matter emissions.

    (a) What is the purpose of this section? This section limits the
amount of fugitive particulate matter that may be emitted to the
atmosphere from certain air pollution sources operating within an
Indian reservation to control ground-level concentrations of
PM2.5 and PM10.
    (b) Who is affected by this section? This section applies to any
person who owns or operates a source of fugitive particulate matter
emissions.
    (c) What is exempted from this section? This section does not apply
to open burning; agricultural activities; forestry and silvicultural
activities; sweat houses or lodges; non-commercial smoke houses; public
roads owned or

maintained by any Federal, Tribal, State, or local government; or
activities associated with single-family residences or residential
buildings with four or fewer dwelling units.
    (d) What are the requirements for sources of fugitive particulate
matter emissions? (1) The owner or operator of any source of fugitive
particulate matter emissions, including any source or activity engaged
in materials handling or storage, construction, demolition, or any
other operation that is or may be a source of fugitive particulate
matter emissions, must take all reasonable precautions to prevent
fugitive particulate matter emissions and must maintain and operate the
source to minimize fugitive particulate matter emissions.
    (2) Reasonable precautions include, but are not limited to the
following:
    (i) Use, where possible, of water or chemicals for control of dust
in the demolition of buildings or structures, construction operations,
grading of roads, or clearing of land.
    (ii) Application of asphalt, oil (but not used oil), water, or
other suitable chemicals on unpaved roads, materials stockpiles, and
other surfaces that can create airborne dust.
    (iii) Full or partial enclosure of materials stockpiles in cases
where application of oil, water, or chemicals is not sufficient or
appropriate to prevent particulate matter from becoming airborne.
    (iv) Implementation of good housekeeping practices to avoid or
minimize the accumulation of dusty materials that have the potential to
become airborne, and the prompt cleanup of spilled or accumulated
materials.
    (v) Installation and use of hoods, fans, and fabric filters to
enclose and vent the handling of dusty materials.
    (vi) Adequate containment during sandblasting or other similar
operations.
    (vii) Covering, at all times when in motion, open bodied trucks
transporting materials likely to become airborne.
    (viii) The prompt removal from paved streets of earth or other
material that does or may become airborne.
    (e) Are there additional requirements that must be met? (1) A
person subject to this section must:
    (i) Annually survey the air pollution source(s) during typical
operating conditions and meteorological conditions conducive to
producing fugitive particulate matter to determine the sources of
fugitive particulate matter emissions. For new sources or new
operations, a survey must be conducted within 30 days after beginning
operation. For portable sources, a survey must be conducted within 7
days after beginning operation at a new location. Simultaneously
document the results of the survey, including the date and time of the
survey and identification of any sources of fugitive particulate matter
emissions found.
    (ii) If sources of fugitive particulate matter emissions are
present, determine the reasonable precautions that will be taken to
prevent fugitive particulate matter emissions.
    (iii) Within 30 days after completing the survey, prepare a written
plan that specifies the reasonable precautions that will be taken and
the procedures to be followed to prevent fugitive particulate matter
emissions, including appropriate monitoring and recordkeeping. For
construction or demolition activities, a written plan must be prepared
prior to commencing construction or demolition. For portable sources, a
written plan must be prepared prior to beginning operation at a new
location and the plan must be updated within 7 days after the survey
required in paragraph (e)(1)(i) of this section is completed, if
needed, to reflect the results of the survey. Plans must be reviewed
and updated at least annually after each survey and more frequently if
warranted due to changes in operations, available control methods or
other relevant conditions;
    (iv) If the owner or operator is required to register the facility
under Sec.  49.138:
    (A) For new sources or new operations, a copy of the initial
fugitive particulate matter survey and initial plan must be submitted
to EPA with the initial registration, which is due within 90 days after
beginning operation.
    (B) For all other sources, a copy of the most recent fugitive
particulate matter survey and current plan must be submitted to EPA
with the annual registration required by Sec.  49.138.
    (v) Maintain a copy of the survey and plan on site;
    (vi) Implement the written plan, including the installation of
control measures, as expeditiously as practicable and maintain and
operate the source to minimize fugitive particulate matter emissions.
    (vii) Maintain records for 5 years that document the surveys and
the reasonable precautions that were taken to prevent fugitive
particulate matter emissions.
    (2) The Regional Administrator may require the owner or operator to
revise the plan if, at any time, the Regional Administrator determines
that the precautions and procedures specified in the plan are not
adequate to ensure that all reasonable precautions are being taken to
prevent fugitive particulate matter emissions or are not adequate to
ensure that the source is being maintained and operated so as to
minimize fugitive particulate matter emissions.
    (3) The Regional Administrator may require specific actions to
prevent fugitive particulate matter emissions or impose conditions to
maintain and operate the air pollution source to minimize fugitive
particulate matter emissions, in a permit to construct or a permit to
operate for the source.
    (4) Efforts to comply with this section cannot be used as a reason
for not complying with other applicable laws and ordinances.

Sec.  49.127  Rule for woodwaste burners.

    (a) What is the purpose of this section? This section phases out
the operation of woodwaste burners, and in the interim limits the
visible emissions from woodwaste burners, within an Indian reservation
to control emissions of particulate matter to the atmosphere and
ground-level concentrations of PM2.5 and PM10.
    (b) Who is affected by this section? This section applies to any
person who owns or operates a woodwaste burner.
    (c) What are the requirements for woodwaste burners? (1) Except as
provided by paragraph (c)(3) of this section, the owner or operator of
a woodwaste burner must shut down and dismantle the woodwaste burner by
no later than 2 years after the date that this section is effective for
a particular Indian reservation as specified in subpart M of this part.
The requirement for dismantling applies to all woodwaste burners
regardless of whether or not the woodwaste burners are currently
operational. Until the woodwaste burner is shut down, visible emissions
from the woodwaste burner must not exceed 20% opacity, averaged over
any consecutive 6-minute period.
    (2) Until the woodwaste burner is shut down, only wood waste
generated on-site may be burned or disposed of in the woodwaste burner.
    (3) If there is no reasonably available alternative method of
disposal for the wood waste other than by burning it on-site in a
woodwaste burner, the owner or operator of the woodwaste burner that is
in compliance with the opacity limit in paragraph (c)(1) of this
section may apply to the Regional Administrator for an extension of the
2-year deadline. If the Regional Administrator finds that there is no
reasonably available alternative method of disposal, then a two-year
extension of the deadline may be granted. There is no limit to the
number of extensions

that may be granted by the Regional Administrator.
    (d) What is the reference method for determining compliance with
the opacity limit? The reference method for determining compliance with
the opacity limit is EPA Method 9. A complete description of this
method is found in appendix A to 40 CFR part 60.
    (e) Are there additional requirements that must be met? A person
subject to this section must submit a plan to shut down and dismantle
the woodwaste burner to the Regional Administrator within 180 days
after the effective date of this section. Unless an extension has been
granted by the Regional Administrator, the woodwaste burner must be
shut down and dismantled within 2 years after the effective date of
this section for a particular Indian reservation. The owner or operator
of the woodwaste burner must notify the Regional Administrator that the
woodwaste burner has been shut down and dismantled within 30 days after
completion.

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

    (a) What is the purpose of this section? This section limits the
amount of particulate matter that may be emitted to the atmosphere from
certain wood products industry sources operating within an Indian
reservation to control ground-level concentrations of PM2.5
and PM10.
    (b) Who is affected by this section? This section applies to any
person who owns or operates any of the following wood products industry
sources:
    (1) Veneer manufacturing operations;
    (2) Plywood manufacturing operations;
    (3) Particleboard manufacturing operations; and
    (4) Hardboard manufacturing operations.
    (c) What are the PM10 emission limits for wood products industry
sources? These PM10 limits are in addition to, and not in
lieu of, the particulate matter limits for combustion sources and
process sources.:
    (1) Veneer dryers at veneer manufacturing operations and plywood
manufacturing operations.
    (i) PM10 emissions from direct natural gas fired or
direct propane fired veneer dryers must not exceed 0.3 pounds per 1000
square feet of veneer dried (\3/8\ inch basis), 1-hour average.
    (ii) PM10 emissions from steam heated veneer dryers must
not exceed 0.3 pounds per 1000 square feet of veneer dried (\3/8\ inch
basis), 1-hour average.
    (iii) PM10 emissions from wood fired veneer dryers must
not exceed a total of 0.3 pounds per 1000 square feet of veneer dried
(\3/8\ inch basis) and 0.2 pounds per 1000 pounds of steam generated in
boilers, prorated for the amount of combustion gases routed to the
veneer dryer, 1-hour average.
    (2) Wood particle dryers at particleboard manufacturing operation.
PM10 emissions from wood particle dryers must not exceed a
total of 0.4 pounds per 1000 square feet of board produced by the plant
(\3/4\ inch basis), 1-hour average.
    (3) Press/cooling vents at hardboard manufacturing operations.
PM10 emissions from hardboard press/cooling vents must not
exceed 0.3 pounds per 1000 square feet of hardboard produced (\1/8\
inch basis), 1-hour average.
    (4) Tempering ovens at hardboard manufacturing operations. A person
must not operate any hardboard tempering oven unless all gases and
vapors are collected and treated in a fume incinerator capable of
raising the temperature of the gases and vapors to at least 1500
degrees Fahrenheit for 0.3 seconds or longer.
    (d) What is the reference method for determining compliance? (1)
The reference method for determining compliance with the
PM10 limits is EPA Method 202 in conjunction with Method
201A. A complete description of these methods is found in appendix M to
40 CFR part 51.
    (2) EPA Methods 1 through 2H, as appropriate, must be conducted in
conjunction with Methods 202 and 201A to calculate the volumetric flow
of the samples. A complete description of these additional test methods
is found in appendix A to 40 CFR part 60.

Sec.  49.129  Rule for limiting emissions of sulfur dioxide.

    (a) What is the purpose of this section? This section limits the
amount of sulfur dioxide (SO2) that may be emitted to the
atmosphere from certain air pollution sources operating within an
Indian reservation to control ground-level concentrations of
SO2.
    (b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source that emits, or
could emit, SO2 through a stack to the atmosphere.
    (c) What is exempted from this section? This section does not apply
to furnaces and boilers used exclusively for space heating with a rated
heat input capacity of less than 400,000 Btu per hour; orchard heating
devices; or mobile sources.
    (d) What are the sulfur dioxide limits for sources? (1) Sulfur
dioxide emissions from a combustion source stack must not exceed an
average of 500 parts per million by volume, on a dry basis and
corrected to seven percent oxygen, during any 3-hour period.
    (2) Sulfur dioxide emissions from a process source stack, or any
other stack not subject to paragraph (d)(1) of this section, must not
exceed an average of 500 parts per million by volume, on a dry basis,
during any 3-hour period.
    (e) What are the reference methods for determining compliance? (1)
The reference methods for determining compliance with the
SO2 limits are EPA Methods 6, 6A, 6B, and 6C as specified in
the applicability section of each method. A complete description of
these methods is found in appendix A to 40 CFR part 60.
    (2) EPA Methods 1 through 4, as appropriate, must be conducted in
conjunction with the test methods in paragraph (e)(1) of this section
to calculate the volume, oxygen content, and moisture content of the
sample. A complete description of these additional methods can also be
found in appendix A to 40 CFR part 60.
    (3) An alternative reference method is a CEMS that complies with
Performance Specification 2 found in appendix B to 40 CFR part 60.

Sec.  49.130  Rule for limiting sulfur in fuels.

    (a) What is the purpose of this section? This section limits the
amount of sulfur contained in fuels that are burned at stationary
sources operating within an Indian reservation to control emissions of
SO2 to the atmosphere and ground-level concentrations of
SO2.
    (b) Who is affected by this section? This section applies to any
person who sells, distributes, uses, or makes available for use, any
fuel oil, coal, solid fuel, liquid fuel, or gaseous fuel within an
Indian reservation.
    (c) What is exempted from this section? This section does not apply
to gasoline and diesel fuel, such as automotive and marine diesel,
regulated under 40 CFR part 80.
    (d) What are the sulfur limits for fuels? A person must not sell,
distribute, use, or make available for use any fuel oil, coal, solid
fuel, liquid fuel, or gaseous fuel that contains more than the
following amounts of sulfur, as determined by the appropriate reference
method(s) from paragraph (e) of this section:
    (1) For distillate fuel oil, 0.3 percent by weight for Grade 1 fuel
oil in ASTM D396;
    (2) For distillate fuel oil, 0.5 percent by weight for Grade 2 fuel
oil in ASTM D396;
    (3) For residual fuel oil, 1.75 percent sulfur by weight for Grades
4, 5, or 6 fuel oil in ASTM D396;

    (4) For used oil, 2.0 percent sulfur by weight;
    (5) For any liquid fuel not listed in paragraphs (d)(1) through (4)
of this section, 2.0 percent sulfur by weight;
    (6) For coal, 1.0 percent sulfur by weight;
    (7) For solid fuels, 2.0 percent sulfur by weight; and
    (8) For gaseous fuels, 400 ppm by volume at standard conditions.
    (e) What are the reference methods for determining compliance? The
reference methods for determining the amount of sulfur in a fuel are as
follows:
    (1) Sulfur content in fuel oil or liquid fuels: ASTM D2880-, D4294,
and D6021;
    (2) Sulfur content in coal: ASTM D4239;
    (3) Sulfur content in solid fuels: ASTM E775; and
    (4) Sulfur content in gaseous fuels: ASTM D1072, D3246, D4084,
D5504, D4468, D2622 and D6228.
    (f) Are there additional requirements that must be met? (1) A
person subject to this section must:
    (i) For fuel oils and liquid fuels, obtain, record, and keep
records of the percent sulfur by weight from the vendor for each
purchase of fuel. If the vendor is unable to provide this information,
obtain a representative grab sample for each purchase and test the
sample using the appropriate reference method from paragraph (e)(1) of
this section.
    (ii) For gaseous fuels, either obtain, record, and keep records of
the sulfur content from the vendor, or continuously monitor the sulfur
content of the fuel gas line using a method that meets the requirements
of Performance Specification 5, 7, 9, or 15 (as applicable for the
sulfur compounds in the gaseous fuel) of appendix B and appendix F to
40 CFR part 60. If only purchased natural gas is used, keep records
showing that the gaseous fuel meets the definition of natural gas in 40
CFR 72.2.
    (iii) For coal and solid fuels, either obtain, record, and keep
records of the percent sulfur by weight from the vendor for each
purchase of coal or solid fuel, or obtain a representative grab sample
for each day of operation and test the sample using the appropriate
reference method from paragraphs (e)(2) and (3) of this section. If
only wood is used, keep records showing that only wood was used.
    (2) Records of fuel purchases and fuel sulfur content must be kept
for a period of five years from date of purchase and must be made
available to the Regional Administrator upon request.
    (3) The owner or occupant of a single-family residence, and the
owner or manager of a residential building with four or fewer dwelling
units, is not subject to the requirement to obtain and record the
percent sulfur content from the vendor if the fuel used in an oil,
coal, or gas furnace is purchased from a licensed fuel distributor.
    (g) Incorporation by reference. The material listed in this
paragraph (g) is incorporated by reference into this section with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the EPA and at the National Archives and Records
Administration (NARA). Contact EPA at: EPA Region 10, Air and Radiation
Division, 1200 Sixth Avenue, Seattle, Washington 98101; phone: 206-553-
1200; website: www.epa.gov/aboutepa/epa-region-10-pacific-northwest.
For information on the availability of this material at NARA, email:
[email protected]; website: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from ASTM
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;
telephone:<PHONE_NUMBER>; email: [email protected]; website: http://www.astm.org.
    (1) ASTM D396-21, Standard Specification for Fuel Oils.
    (2) ASTM D1072-06(Reapproved 2017), Standard Test Method for Total
Sulfur in Fuel Gases by Combustion and Barium Chloride Titration.
    (3) ASTM D2622-21, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry.
    (4) ASTM D2880-20, Standard Specification for Gas Turbine Fuel
Oils.
    (5) ASTM D3246-15, Standard Test Method for Sulfur in Petroleum Gas
by Oxidative Microcoulometry.
    (6) ASTM D4084-07(Reapproved 2017), Standard Test Method for
Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction
Rate Method).
    (7) ASTM D4239-18e1, Standard Test Methods for Sulfur in the
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace
Combustion Methods.
    (8) ASTM D4294-21, Standard Test Method for Sulfur in Petroleum
Products by Energy-Dispersive X-ray Fluorescence Spectroscopy.
    (9) ASTM D4468-85(Reapproved 2015), Standard Test Method for Total
Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry.
    (10) ASTM D5504-20, Standard Test Method for Determination of
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography
and Chemiluminescence.
    (11) ASTM D6021-22, Standard Test Method for Measurement of Total
Hydrogen Sulfide in Residual Fuels by Multiple Headspace Extraction and
Sulfur Specific Detection.
    (12) ASTM D6228-19, Standard Test Method for Determination of
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography
and Flame Photometric Detection.
    (13) ASTM E775-15(Reapproved 2021), Standard Test Methods for Total
Sulfur in the Analysis Sample of Refuse-Derived Fuel.

Sec.  49.131  General rule for open burning.

    (a) What is the purpose of this section? This section identifies
the types of materials that are allowed to be openly burned within an
Indian reservation and the conditions on such burning to control
emissions of air pollutants to the atmosphere and ground-level
concentrations of PM2.5 and PM10. It is EPA's
goal to eliminate open burning disposal practices where alternative
methods are feasible and practicable, to encourage the development of
alternative disposal methods, to emphasize resource recovery, and to
encourage utilization of the highest and best practicable burning
methods to minimize emissions where other disposal practices are not
feasible.
    (b) Who is affected by this section? This section applies to any
person who conducts open burning and to the owner and lessee, if any,
of the property on which open burning is conducted.
    (c) What is exempted from this section? The following open burns
are exempted from this section:
    (1) Outdoor fires set for cultural or traditional purposes;
    (2) Fires set for cultural or traditional purposes within
structures such as smoke houses, sweat houses, or sweat lodges;
    (3) Outdoor cooking fires;
    (4) Fires set as part of a firefighting strategy (e.g., back burn,
fire break, or safety perimeter burn), if approved by the appropriate
fire safety jurisdiction and only under an emergency or incident
command situation; and
    (5) Except when burning is prohibited under paragraph (d)(2) or
(d)(3) of this section, fires set for the disposal of diseased animals
or other material by order of a public health authority.
    (d) What are the requirements for open burning? (1) All open
burning is prohibited except:
    (i) Natural vegetation and untreated wood may be open burned.
    (ii) A single-family residence or residential building with four or
fewer

dwelling units may open burn paper, paper products, or cardboard
generated on site.
    (iii) Paper and manufactured fire starters may be used to start a
fire authorized under paragraph (d)(1)(i) or (d)(1)(ii) of this
section.
    (iv) Open outdoor fires may be conducted by qualified personnel to
train firefighters in the methods of fire suppression and firefighting
techniques subject to the requirements of paragraph (e)(4) of this
section.
    (v) Tribal governments may conduct open outdoor fires to dispose of
fireworks and associated packaging materials subject to the
requirements of paragraph (e)(5) of this section.
    (2) All open burning is prohibited whenever the Regional
Administrator declares a burn ban due to deteriorating air quality
except for burning exempt under paragraph (c)(1), (2), (3) or (4) of
this section.
    (i) A burn ban may be declared for an Indian reservation (or
portion thereof) whenever the Regional Administrator determines that
air quality levels have exceeded, or are projected to exceed within the
next 72 hours, 75% of any 24-hour national ambient air quality standard
for particulate matter, and these levels are projected to continue or
reoccur over at least the subsequent 24 hours.
    (ii) A burn ban will remain in effect until the Regional
Administrator terminates the burn ban.
    (iii) The Regional Administrator will post an announcement of a
burn ban on the EPA Region 10 website and will consider other means to
announce the burn ban, such as posting the announcement on Region 10's
social media and requesting Tribes within the affected area to post the
announcement on their websites. Delegated Tribes may use these and
other similar means to make announcements. Announcements of the
termination of a burn ban will be made in the same manner.
    (3) All open burning is also prohibited whenever the Regional
Administrator issues an air stagnation advisory or declares an air
pollution alert, air pollution warning, or air pollution emergency
pursuant to Sec.  49.137 Rule for air pollution episodes except for
burning exempt under paragraph (c)(1), (2), (3) or (4) of this section.
The prohibition on open burning will remain in effect until the
Regional Administrator terminates the advisory, alert, warning or
emergency.
    (4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments, and other governmental entities.
    (e) Are there additional requirements that must be met? (1) Except
for burning conducted under paragraphs (e)(4) and (5) of this section
and except for recreational fires, a person subject to this section
must conduct open burning as follows:
    (i) All materials to be openly burned must be kept as dry as
possible through the use of a cover or dry storage.
    (ii) Before igniting a burn, dirt and stones must be separated from
the materials to be openly burned to the greatest extent practicable.
    (iii) Natural or artificially induced draft must be present.
    (iv) To the greatest extent practicable, materials to be openly
burned must be separated from the grass or peat layer.
    (v) A fire must not be allowed to smolder, unless, where
applicable, the burn is permitted under Sec.  49.132, Sec.  49.133, or
Sec.  49.134, the permit specifically allows the fire to smolder, and
the burn is actively managed to complete the burn in the shortest
possible time within the time period allowed by the burn permit.
    (vi) A person 18 years of age or older must be in attendance at all
times during the burn.
    (vii) There must be a means available for extinguishing the fire,
such as water or chemical fire suppressants.
    (viii) The fire must be extinguished if safe to do so, when
requested to do so by the Regional Administrator based on a
determination that:
    (A) The open burning is causing or contributing to, or has the
potential to cause or contribute to, an exceedance of a national
ambient air quality standard; or
    (B) When relevant, that the open burning is causing any other
adverse impact on air quality.
    (ix) Except for small open burns, before igniting a burn that could
significantly impair visibility on roadways, the relevant
transportation safety authorities must be contacted and provided an
opportunity to require appropriate transportation safety measures
during the burn.
    (2) Except for burning exempt under paragraph (c)(1), (2), (3) or
(4) of this section, open burning shall not be initiated when:
    (i) The Regional Administrator has declared a burn ban under this
section; or
    (ii) An air stagnation advisory has been issued or an air pollution
alert, air pollution warning, or air pollution emergency has been
declared by the Regional Administrator under Sec.  49.137.
    (3) Except for burning exempt under paragraph (c)(1), (2), (3) or
(4) of this section, when a burn ban is declared under paragraph (d)(2)
of this section or an advisory is issued or declaration made under
paragraph (d)(3) of this section, the open burn must be immediately
extinguished if safe to do so, lighting the fire must be discontinued
and additional material must be withheld from the fire so the fire
burns down, as applicable.
    (4) Except when burning is prohibited under paragraph (d)(2) or (3)
of this section and with prior written permission from the Regional
Administrator (and after obtaining a large open burning permit, if
applicable under Sec.  49.132 and if Sec.  49.132 applies on the
Reservation where the burn is occurring), open outdoor fires used by
qualified personnel to train firefighters in the methods of fire
suppression and firefighting techniques are allowed, subject to the
following conditions:
    (i) Prior to igniting any structure, the fire protection service
must ensure the structure does not contain asbestos or asbestos-
containing materials and must comply with subpart M of 40 CFR part 61.
    (ii) Before requesting permission from the Regional Administrator,
the fire protection service must notify any appropriate Tribal air
pollution authority and fire safety authority and obtain any
permissions or approvals required by the Tribe, and by any other
governments with applicable laws and ordinances.
    (iii) Prior to igniting any structure and at least 10 business days
before the requested date of the training fire, the fire protection
service must submit a request for permission for the training fire to
the Regional Administrator that includes the following information:
    (A) The name and address of the fire protection service;
    (B) The name and contact information for the fire protection
service trainer, including a phone number where they can be reached on
the day of the training fire;
    (C) The location (including the street address if available) where
the training will take place;
    (D) A description of what will be burned during the training;
    (E) The requested date and time of the training;
    (F) The results of an asbestos survey and any removal required;
    (G) A copy of the Asbestos Demolition and Renovation Projects
Notification required by subpart M of 40 CFR part 61; and
    (H) A statement that the requestor has read and understands the
open burning requirements in this section.

    (iv) The fire protection service must ensure that the structure
does not contain any batteries; stored chemicals such as pesticides,
herbicides, fertilizers, paints, glues, sealers, tars, solvents,
household cleaners, or photographic reagents; stored linoleum,
plastics, rubber, tires, or insulated wire; or hazardous wastes.
    (v) Written permission from the Regional Administrator for the
training fire must be available on site the day of the fire.
    (vi) The training fire shall not be allowed to smolder after the
training session has terminated.
    (5) Except when burning is prohibited under paragraph (d)(2) or (3)
of this section and with prior written permission from the Regional
Administrator (and after obtaining a large open burning permit, if
applicable under Sec.  49.132 and if Sec.  49.132 applies on the
Reservation where the burn is occurring), Tribal governments may
conduct open outdoor fires to dispose of fireworks and associated
packaging materials, subject to the following conditions:
    (i) Before requesting permission from the Regional Administrator,
the person who will be managing the fireworks disposal fire must notify
any appropriate Tribal air pollution authority and fire safety
authority and obtain any permissions or approvals required by the
Tribe, and by any other governments with applicable laws and
ordinances.
    (ii) Prior to igniting fireworks for disposal and at least 5
business days before the requested date of the fireworks disposal fire,
the Tribal government must submit a request for permission for the
fireworks disposal fire to the Regional Administrator that includes the
following information:
    (A) The name and address of the Tribal government;
    (B) The name and contact information for the person who will be on
site managing the fireworks disposal fire, including a phone number
where they can be reached on the day of the disposal fire;
    (C) The location (including the street address if available) where
the fire will occur;
    (D) The requested date and time of the fire;
    (E) The estimated size of the fireworks disposal burn pile or
weight of materials to be burned;
    (F) A description of the means for containing any explosions and
for fire suppression, including but not limited to the availability of
water or chemical fire suppressants; and
    (G) A statement that the requestor has read and understands the
open burning requirements in this section; and
    (iii) Written permission from the Regional Administrator for the
fireworks disposal fire must be available on site the day of the fire.
    (6) Open burning may also be subject to permitting requirements
under Sec.  49.132, Sec.  49.142Sec.  49.143, Sec.  49.133, or Sec.
49.134, or an applicable EPA-approved Tribal open burning rule as
specified in the applicable implementation plan for the reservation in
subpart M of this part.

Sec.  49.132  Rule for large open burning permits.

    (a) What is the purpose of this section? This section establishes a
permitting program for large open burning within an Indian reservation
to control emissions of air pollutants to the atmosphere and ground-
level concentrations of PM2.5 and PM10.
    (b) Who is affected by this section? This section applies to the
owner and lessee, if any, of the property on which a large open burn is
conducted and to any person who conducts a large open burn.
    (c) What is exempted from this section? The following open burning
is exempted from this section:
    (1) Outdoor fires set for cultural or traditional purposes;
    (2) Fires set for cultural or traditional purposes within
structures such as smoke houses, sweat houses, or sweat lodges;
    (3) Outdoor cooking fires;
    (4) Fires set for recreational purposes;
    (5) Fires set as part of a firefighting strategy (e.g., back burn,
fire break, or safety perimeter burn), if approved by the appropriate
fire safety jurisdiction and only under an emergency or incident
command situation;
    (6) Fires set for the disposal of diseased animals or other
material by order of a public health authority;
    (7) Agricultural burning; and
    (8) Forestry and silvicultural burning.
    (d) What are the requirements for large open burning? (1) A person
subject to this section must have a permit to conduct a large open
burn, have approval to burn on the day(s) of the burn, ensure that the
person conducting the burn is familiar with the requirements of the
permit, ensure that the permit is available on the property during the
open burn, and conduct the open burn in accordance with the terms and
conditions of the permit.
    (2) The date after which a permit is required under this section is
identified in the implementation plan in subpart M of this part for the
specific Indian reservation where this section applies.
    (3) A person subject to this section must comply with Sec.  49.131
or the EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part, as applicable.
    (4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments or other governmental entities.
    (e) Are there additional requirements that must be met? (1) The
owner or lessee of the property on which the large open burn will be
conducted must submit an application to the Regional Administrator for
each proposed large open burn. The application must be submitted in
writing, on forms provided by the Regional Administrator, and be
received by the Regional Administrator at least 1 business day before
the proposed date the burn would be conducted or by such earlier date
specified by the Regional Administrator in the application form. The
forms will require, at a minimum, the following information:
    (i) Street address of the property on which the proposed open
burning will be conducted or, if there is no street address of the
property, the legal description of the property.
    (ii) Name, mailing address, email address and telephone number of
the applicant, who must be the owner or lessee of the property on which
the proposed open burning will be conducted.
    (iii) Name, mailing address, email address and telephone number of
the person who will be conducting the proposed open burning.
    (iv) Name, mailing address, email address and telephone number of
the owner or lessee, if any, of the property on which the proposed open
burning will be conducted, if different from the applicant identified
in paragraph (e)(1)(ii) of this section.
    (v) A plot plan showing the location of the proposed open burn in
relation to the property lines and indicating the distances and
directions of the nearest residential, public, and commercial
properties, as well as roads and other sensitive areas that could be
affected by the smoke from the burning.
    (vi) The type and quantity of materials proposed to be burned and
the area over which the open burning will be conducted.
    (vii) A description of the burning method(s) to be used (pile burn,
ditch burn, broadcast burn, windrow burn, etc.), the amount of material
to be burned with each method, and the means of ignition.

    (viii) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water.
    (ix) The requested date(s) when the proposed large open burn would
be conducted.
    (x) Any other information specifically requested by the Regional
Administrator.
    (2) At least 1 business day prior to the requested date of a
proposed large open burn, the person conducting the burn must contact
the Regional Administrator as specified in the large open burning
permit to request approval to burn. If the proposed open burning is
consistent with this section and Sec.  49.131 or the applicable EPA-
approved Tribal open burning rule as specified in the applicable
implementation plan for the reservation in subpart M of this part, the
Regional Administrator may approve the large open burn for the
requested day(s) after taking into consideration relevant factors
including, but not limited to:
    (i) The size, duration, and location of the proposed open burn, the
current and projected air quality conditions, the forecasted
meteorological conditions, and other scheduled burning activities in
the surrounding area;
    (ii) Other factors indicating whether or not the proposed open burn
can be conducted without causing or contributing to an exceedance of a
national ambient air quality standard; and
    (iii) When relevant, other factors indicating whether or not the
proposed open burn can be conducted without causing any other adverse
impact on air quality.
    (3) The permit will authorize burning only for the date(s) and
time(s) approved for the burning to be conducted and will include any
conditions that the Regional Administrator determines are necessary to
ensure compliance with this section, Sec.  49.131 or the applicable
EPA-approved Tribal open burning rule as specified in the applicable
implementation plan for the reservation in subpart M of this part, and
to protect the public health and welfare, including any monitoring,
recordkeeping and post-burn reporting requirements.
    (4) If any of the relevant factors in paragraph (e)(2) of this
section change after approval to conduct the large open burn, the
Regional Administrator may contact the person conducting the burn to
revoke the approval and require the permittee to immediately extinguish
the fire if safe to do so, discontinue lighting the fire and withhold
additional material such that the fire burns down, as applicable.
    (5) The Regional Administrator, to the extent practical, will
consult with and coordinate approvals to burn with the open burning
programs of surrounding jurisdictions.

Sec.  49.133  Rule for agricultural burning permits.

    (a) What is the purpose of this section? This section establishes a
permitting program for agricultural burning within an Indian
reservation to control emissions of air pollutants to the atmosphere
and ground-level concentrations of PM2.5 and
PM10.
    (b) Who is affected by this section? This section applies to the
owner and lessee, if any, of the property on which agricultural burning
is conducted and to any person who conducts agricultural burning.
    (c) What are the requirements for agricultural burning? (1) A
person subject to this section must have a permit to conduct an
agricultural burn, have approval to burn on the day(s) of the burn,
ensure that the person conducting the burn is familiar with the
requirements of the permit, ensure that the permit is available on the
property during the burn, and conduct the burn in accordance with the
terms and conditions of the permit.
    (2) The date after which a permit is required under this section is
identified in the implementation plan in subpart M of this part for the
specific Indian reservation where this section applies.
    (3) A person subject to this section must comply with Sec.  49.131
or the EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part, as applicable.
    (4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments, or other governmental entities.
    (d) Are there additional requirements that must be met? (1) The
owner or lessee of the property on which an agricultural burn will be
conducted must submit an application to the Regional Administrator for
each proposed agricultural burn. The application must be submitted in
writing, on forms provided by the Regional Administrator, and be
received by the Regional Administrator at least 1 business day before
the proposed date the burn would be conducted or by such earlier date
specified by the Regional Administrator in the application form. The
forms will require, at a minimum, the following information:
    (i) Street address of the property on which the proposed
agricultural burning will be conducted or, if there is no street
address of the property, the legal description of the property.
    (ii) Name, mailing address, email address and telephone number of
the applicant, who must be the owner or lessee of the property on which
the proposed agricultural burning will be conducted.
    (iii) Name, mailing address, email address and telephone number of
the person who will be conducting the proposed agricultural burning.
    (iv) Name, mailing address, email address and telephone number of
the owner or lessee, if any, of the property on which the proposed
agricultural burning will be conducted, if different from the applicant
identified in paragraph (d)(1)(ii) of this section.
    (v) A plot plan showing the location of each proposed agricultural
burning area in relation to the property lines and indicating the
distances and directions of the nearest residential, public, and
commercial properties, as well as roads and other sensitive areas that
could be affected by the smoke from the burning.
    (vi) The type and quantity of agricultural wastes proposed to be
burned and the area over which burning will be conducted.
    (vii) A description of the burning method(s) to be used (pile or
stack burn, open field or broadcast burn, windrow burn, mobile field
sanitizer, etc.), the amount of material to be burned with each method,
and the means of ignition.
    (viii) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water
and plowed firebreaks.
    (ix) The requested date(s) when the proposed agricultural burning
would be conducted.
    (x) Any other information specifically requested by the Regional
Administrator.
    (2) At least 1 business day prior to the requested date of the
proposed agricultural burning, the person conducting the burn must
contact the Regional Administrator as specified in the agricultural
burning permit to request approval to burn. If the proposed
agricultural burning is consistent with this section and Sec.  49.131
or the applicable EPA-approved Tribal open burning rule as specified in
the applicable implementation plan for the reservation in subpart M of
this part, the Regional Administrator may approve the agricultural
burning for the requested day(s) after taking into consideration
relevant factors including, but not limited to:

    (i) The size, duration, and location of the proposed burn, the
current and projected air quality conditions, the forecasted
meteorological conditions, and other scheduled burning activities in
the surrounding area;
    (ii) Other factors indicating whether or not the proposed
agricultural burning can be conducted without causing or contributing
to an exceedance of a national ambient air quality standard; and
    (iii) When relevant, other factors indicating whether or not the
proposed open burn can be conducted without causing any other adverse
impact on air quality.
    (3) The permit will authorize burning only for the date(s) and
time(s) approved for the burning to be conducted and will include any
conditions that the Regional Administrator determines are necessary to
ensure compliance with this section, Sec.  49.131 or the applicable
EPA-approved Tribal open burning rule as specified in the applicable
implementation plan for the reservation in subpart M of this part, and
to protect the public health and welfare, including any monitoring,
recordkeeping and post-burn reporting requirements.
    (4) If any of the relevant factors in paragraph (d)(2) of this
section change after approval to conduct the agricultural burning, the
Regional Administrator may contact the person conducting the burn to
revoke the approval and require the permittee to immediately extinguish
the fire if safe to do so, discontinue lighting the fire and withhold
additional material such that the fire burns down, as applicable.
    (5) The Regional Administrator, to the extent practical, will
consult with and coordinate approvals to burn with the open burning
programs of surrounding jurisdictions.

Sec.  49.134  Rule for forestry and silvicultural burning permits.

    (a) What is the purpose of this section? This section establishes a
permitting program for forestry and silvicultural burning within an
Indian reservation to control emissions of air pollutants to the
atmosphere and ground-level concentrations of PM2.5 and
PM10.
    (b) Who is affected by this section? This section applies to the
owner and lessee, if any, of the property on which forestry or
silvicultural burning is conducted and to any person who conducts
forestry or silvicultural burning.
    (c) What are the requirements for forestry and silvicultural
burning? (1) A person subject to this section must have a permit to
conduct a forestry or silvicultural burn, have approval to burn on the
day(s) of the burn, ensure that the person conducting the burn is
familiar with the requirements of the permit, ensure that the permit is
available on the property during the burn, and conduct the burn in
accordance with the terms and conditions of the permit.
    (2) The date after which a permit is required under this section is
identified in the implementation plan in subpart M of this part for the
specific Indian reservation where this section applies.
    (3) A person subject to this section, must comply with Sec.  49.131
or the EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part, as applicable.
    (4) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments, or other governmental entities.
    (d) Are there additional requirements that must be met? (1) The
owner or lessee of the property on which a forestry or silvicultural
burn will be conducted must submit an application to the Regional
Administrator for each proposed forestry or silvicultural burn. The
application must be submitted in writing, on forms provided by the
Regional Administrator, and be received by the Regional Administrator
at least 1 business day before the proposed date the burn would be
conducted or by such earlier date specified by the Regional
Administrator in the application form. The forms will require, at a
minimum, the following information:
    (i) The legal description of the property on which the proposed
forestry or silvicultural burning will be conducted.
    (ii) Name, mailing address, email address and telephone number of
the applicant, who must be the owner or lessee of the property on which
the proposed forestry or silvicultural burning will be conducted.
    (iii) Name, mailing address, email address and telephone number of
the person who will be conducting the proposed forestry or
silvicultural burning.
    (iv) Name, mailing address, email address and telephone number of
the owner or lessee, if any, of the property on which the proposed
forestry and silvicultural burning will be conducted, if different from
the applicant.
    (v) A plot plan showing the location of the proposed forestry or
silvicultural burning in relation to the property lines and indicating
the distances and directions of the nearest residential, public, and