( viii) A plot plan showing the location of all emission units and air pollutant generating activities. The plot plan must also show the property lines of the air pollution source, the height above grade of each emission release point, and the distance and direction to the nearest residential or commercial property.

( ix) Type and quantity of fuels, including the sulfur content of fuels, used on a daily, annual,

and maximum hourly basis.

( x) Type and quantity of raw materials used or final product produced on a daily, annual, and maximum hourly basis.

( xi) Typical operating schedule, including number of hours per day, number of days per week,

and number of weeks per year.

( xii) Estimates of the total actual emissions from the air pollution source for the following air pollutants: particulate matter, PM10, PM2.5, sulfur oxides ( SO x), nitrogen oxides ( NO x), carbon monoxide ( CO), volatile organic compounds ( VOC), lead ( Pb) and lead compounds, ammonia ( NH 3), fluorides ( gaseous and particulate), sulfuric acid mist ( H 2 SO 4), hydrogen sulfide ( H 2 S),

total reduced sulfur ( TRS), and reduced sulfur compounds, including all calculations for the estimates.

( xiii) Estimated efficiency of air pollution control equipment under present or anticipated operating conditions.

( xiv) Any other information specifically requested by the Regional Administrator. May 28, 2004 Final Rule for OMB Review 139 ( 4) Procedure for estimating emissions. The initial registration and annual registration must include an estimate of actual emissions taking into account equipment, operating conditions, and air pollution control measures. For an existing air pollution source that operated during the calendar year preceding the initial registration or annual registration submittal, the actual emissions are the actual rate of emissions for the preceding calendar year and must be calculated using the actual operating hours, production rates, in place control equipment, and types of materials processed, stored, or combusted during the preceding calendar year. For a new air pollution source that is submitting its initial registration, the actual emissions are the estimated actual rate of emissions for the current calendar year. The emission estimates must be based upon actual test data or, in the absence of such data, upon procedures acceptable to the Regional Administrator. Any emission estimates submitted to the Regional Administrator must be verifiable using currently accepted engineering criteria. The following procedures are generally acceptable for estimating emissions from air pollution sources:

( i) Source specific emission tests;

( ii) Mass balance calculations;

( iii) Published, verifiable emission factors that are applicable to the source;

( iv) Other engineering calculations; or ( v) Other procedures to estimate emissions specifically approved by the Regional Administrator.

( 5) Report of relocation. After initial registration, the owner or operator of an air pollution source must report any relocation of the source to the Regional Administrator in writing no later than 30 days prior to the relocation of the source. The report must update the information May 28, 2004 Final Rule for OMB Review 140 required in paragraphs ( e)( 3)( i) through ( e)( 3)( v) and ( e)( 3)( viii) of this section, and any other information required by paragraph ( e)( 3) of this section if it will change as a result of the relocation. Submitting a report of relocation does not relieve the owner or operator from the requirement to obtain a permit to construct if the relocation of the air pollution source would be a new source or modification subject to any Federal or Tribal permit to construct rule.

( 6) Report of change of ownership. After initial registration, the owner or operator of an air pollution source must report any change of ownership to the Regional Administrator in writing within 90 days after the change in ownership is effective. The report must update the information required in paragraphs ( e)( 3)( i) through ( e)( 3)( v) of this section, and any other information required by paragraph ( e)( 3) of this section if it would change as a result of the change of ownership.

( 7) Report of closure. Except for regular seasonal closures, after initial registration, the owner or operator of an air pollution source must submit a report of closure to the Regional Administrator in writing within 90 days after the cessation of all operations at the air pollution source.

( 8) Certification of truth, accuracy, and completeness. All registrations and reports must include a certification signed by the owner or operator as to the truth, accuracy, and completeness of the information. This certification must state that, based on information and belief formed after reasonable inquiry, the statements and information are true, accurate, and complete.

( f) Requirements for part 71 sources. The owner or operator of a part 71 source must submit an annual registration report that includes the information required by paragraphs ( e)( 3) and ( e)( 4) of this section. This annual registration report must be submitted with the annual emission May 28, 2004 Final Rule for OMB Review 141 report and fee calculation worksheet required by part 71 ( or by the source's part 71 permit if a different date is specified in the permit). The owner or operator may submit a single combined report provided that the combined report clearly identifies which emissions are the basis for the annual registration report, the part 71 annual emission report, and the part 71 fee calculation worksheet. The first annual registration report for a part 71 source shall be submitted for calendar year 2006, or for the calendar year that the source became subject to part 71, whichever is later.

( g) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Act, actual emissions, agricultural activities, air pollutant, air pollution source, ambient air, British thermal unit ( Btu), emission, emission factor,

emission unit, forestry or silvicultural activities, forestry or silvicultural burning, fuel, major source, marine vessel, mobile source, motor vehicle, new air pollution source, nonroad engine,

nonroad vehicle, open burning, owner or operator, part 71 source, particulate matter, permit to construct, PM10, PM2.5, rated capacity, Regional Administrator, source, stack, stationary source, and uncombined water.

§ 49.139 Rule for non Title V operating permits.

( a) What is the purpose of this section? This section establishes a permitting program to provide for the establishment of Federally enforceable requirements for air pollution sources within the Indian reservation.

( b) Who is affected by this section?

( 1) This section applies to: May 28, 2004 Final Rule for OMB Review 142 ( i) The owner or operator of any air pollution source who wishes to obtain a Federallyenforceable limitation on the source's actual emissions or potential to emit;

( ii) Any air pollution source for which the Regional Administrator determines that additional Federally enforceable requirements are necessary to ensure compliance with the implementation plan; or ( iii) Any air pollution source for which the Regional Administrator determines that additional Federally enforceable requirements are necessary to ensure the attainment and maintenance of any national ambient air quality standard or prevention of significant deterioration increment.

( 2) To the extent allowed by 40 CFR part 71, or a Tribal operating permit program approved pursuant to 40 CFR part 70, a Title V operating permit may be used in lieu of an operating permit under this section to establish the limitations or requirements in paragraph ( b)( 1) of this section.

( c) What are the procedures for obtaining an owner requested operating permit?

( 1) The owner or operator of an air pollution source who wishes to obtain a Federallyenforceable limitation on the source's actual emissions or potential to emit must submit an application to the Regional Administrator requesting such limitation. The application must be submitted on forms provided by the Regional Administrator and contain the information specified in paragraph ( d) of this section.

( 2) Within 60 days after receipt of an application, the Regional Administrator will determine if it contains the information specified in paragraph ( d) of this section and if so, will deem it complete for the purpose of preparing a draft permit to operate. If the Regional Administrator determines that the application is incomplete, it will be returned to the owner or operator along May 28, 2004 Final Rule for OMB Review 143 with a description of the necessary information that must be submitted for the application to be deemed complete.

( 3) The Regional Administrator will prepare a draft permit to operate and a draft technical support document that describes the proposed limitation and its effect on the actual emissions and/ or potential to emit of the air pollution source.

( 4) The Regional Administrator will provide a copy of the draft permit to operate and draft technical support document to the owner or operator of the air pollution source and will provide an opportunity for the owner or operator to meet with EPA and discuss the proposed limitations.

( 5) The Regional Administrator will provide an opportunity for public comment on the draft permit to operate as follows:

( i) A copy of the draft permit to operate, the draft technical support document, the permit application, and all other supporting materials will be made available for public inspection in at least one location in the area affected by the air pollution source.

( ii) A notice will be made by prominent advertisement in a newspaper of general circulation in the area affected by the air pollution source of the availability of the draft permit to operate and supporting materials and of the opportunity to comment. Where possible, notices will also be made in the Tribal newspaper.

( iii) Copies of the notice will be provided to the owner or operator of the air pollution source,

the Tribal governing body, and the Tribal, State, and local air pollution authorities having jurisdiction in areas outside of the Indian reservation potentially impacted by the air pollution source. May 28, 2004 Final Rule for OMB Review 144 ( iv) A 30 day period for submittal of public comments will be provided starting upon the date of publication of the notice. If requested, the Regional Administrator may hold a public hearing and/ or extend the public comment period for up to an additional 30 days.

( 6) After the close of the public comment period, the Regional Administrator will review all comments received and prepare a final permit to operate and final technical support document.

The final technical support document will include a response to all comments received during the public comment period.

( 7) The final permit to operate and final technical support document will be sent to the owner or operator of the air pollution source and will be made available at all of the locations where the draft permit was made available. In addition, the final permit to operate and final technical support document will be sent to all persons who provided comments on the draft permit to operate.

( 8) The final permit to operate will be a final agency action for purposes of administrative appeal and judicial review.

( d) What must the owner or operator of an air pollution source include in an application for a Federally enforceable limitation?

( 1) The owner or operator of an air pollution source that wishes to obtain a Federallyenforceable limitation must submit to the Regional Administrator an application, on forms provided by the Regional Administrator, for a permit to operate that includes the following information:

( i) Name of the air pollution source and the nature of the business.

( ii) Street address, telephone number, and facsimile number of the air pollution source. May 28, 2004 Final Rule for OMB Review 145 ( iii) Name, mailing address, and telephone number of the owner or operator.

( iv) Name, mailing address, telephone number, and facsimile number of the local individual responsible for compliance with this section.

( v) Name and mailing address of the individual authorized to receive requests for data and information.

( vi) For each air pollutant and for all emission units and air pollutant generating activities to be covered by a limitation:

( A) The proposed limitation and a description of its effect on actual emissions or the potential to emit. Proposed limitations may include, but are not limited to, emission limitations, production limits, operational restrictions, fuel or raw material specifications, and/ or requirements for installation and operation of emission controls. Proposed limitations must have a reasonably short averaging period, taking into consideration the operation of the air pollution source and the methods to be used for demonstrating compliance.

( B) Proposed testing, monitoring, recordkeeping, and reporting requirements to be used to demonstrate and assure compliance with the proposed limitation.

( C) A description of the production processes and a related flow chart.

( D) Identification of emission units and air pollutant generating activities.

( E) Type and quantity of fuels and/ or raw materials used.

( F) Description and estimated efficiency of air pollution control equipment under present or anticipated operating conditions.

( G) Estimates of the current actual emissions and current potential to emit, including all calculations for the estimates. May 28, 2004 Final Rule for OMB Review 146 ( H) Estimates of the allowable emissions and/ or potential to emit that would result from compliance with the proposed limitation, including all calculations for the estimates.

( vii) Any other information specifically requested by the Regional Administrator.

( 2) Estimates of actual emissions must be based upon actual test data, or in the absence of such data, upon procedures acceptable to the Regional Administrator. Any emission estimates submitted to the Regional Administrator must be verifiable using currently accepted engineering criteria. The following procedures are generally acceptable for estimating emissions from air pollution sources:

( i) Source specific emission tests;

( ii) Mass balance calculations;

( iii) Published, verifiable emission factors that are applicable to the source;

( iv) Other engineering calculations; or ( v) Other procedures to estimate emissions specifically approved by the Regional Administrator.

( 3) All applications for a permit to operate must include a certification by the owner or operator as to the truth, accuracy, and completeness of the information. This certification must state that, based on information and belief formed after reasonable inquiry, the statements and information are true, accurate, and complete.

( e) What are the procedures that the Regional Administrator will follow to require an operating permit?

( 1) Whenever the Regional Administrator determines that additional Federally enforceable requirements are necessary to ensure compliance with the implementation plan or to ensure the May 28, 2004 Final Rule for OMB Review 147 attainment and maintenance of any national ambient air quality standard or prevention of significant deterioration increment, the owner or operator of the air pollution source will be so notified in writing.

( 2) The Regional Administrator may require that the owner or operator provide any information that the Regional Administrator determines is necessary to establish such requirements in a permit to operate under this section.

( 3) The Regional Administrator will prepare a draft permit to operate and a draft technical support document that describes the reasons and need for the proposed requirements.

( 4) The Regional Administrator will provide a copy of the draft permit to operate and draft technical support document to the owner or operator of the air pollution source and will provide an opportunity for the owner or operator to meet with EPA and discuss the proposed requirements.

( 5) The Regional Administrator will provide an opportunity for public comment on the draft permit to operate as follows:

( i) A copy of the draft permit to operate, the draft technical support document, and all other supporting materials will be made available for public inspection in at least one location in the area affected by the air pollution source.

( ii) A notice will be made by prominent advertisement in a newspaper of general circulation in the area affected by the air pollution source of the availability of the draft permit to operate and supporting materials and of the opportunity to comment. Where possible, notices will also be made in the Tribal newspaper. May 28, 2004 Final Rule for OMB Review 148 ( iii) Copies of the notice will be provided to the owner or operator of the air pollution source,

the Tribal governing body, and the Tribal, State, and local air pollution authorities having jurisdiction in areas outside of the Indian reservation potentially impacted by the air pollution source.

( iv) A 30 day period for submittal of public comments will be provided starting upon the date of publication of the notice. If requested, the Regional Administrator may hold a public hearing and/ or extend the public comment period for up to an additional 30 days.

( 6) After the close of the public comment period, the Regional Administrator will review all comments received and prepare a final permit to operate and final technical support document,

unless the Regional Administrator determines that additional requirements are not necessary to ensure compliance with the implementation plan or to ensure the attainment and maintenance of any national ambient air quality standard or prevention of significant deterioration increment. The final technical support document will include a response to all comments received during the public comment period.

( 7) The final permit to operate and final technical support document will be sent to the owner or operator of the air pollution source and will be made available at all of the locations where the draft permit was made available. In addition, the final permit to operate and final technical support document will be sent to all persons who provided comments on the draft permit to operate.

( 8) The final permit to operate will be a final agency action for purposes of administrative appeal and judicial review. May 28, 2004 Final Rule for OMB Review 149 ( f) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Act, actual emissions, air pollutant, air pollution source, allowable emissions, ambient air, emission, emission factor, Federally enforceable,

implementation plan, owner or operator, potential to emit, and Regional Administrator.

49.140 49.200 [ Reserved]

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

Subpart M   Implementation Plans for Tribes   Region X IMPLEMENTATION PLAN FOR THE BURNS PAIUTE TRIBE OF THE BURNS PAIUTE INDIAN COLONY OF OREGON § 49.9861 Identification of plan.

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

§ 49.9862 Approval status. May 28, 2004 Final Rule for OMB Review 150 There are currently no EPA approved Tribal rules or measures in the implementation plan for the Reservation of the Burns Paiute Indian Colony.

§ 49.9863 Legal authority. [ Reserved]

§ 49.9864 Source surveillance. [ Reserved]

§ 49.9865 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides III § 49.9866 Contents of implementation plan.

The implementation plan for the Reservation of the Burns Paiute Indian Colony consists of the following rules, regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions. May 28, 2004 Final Rule for OMB Review 151 ( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.9867 EPA approved Tribal rules and plans. [ Reserved]

§ 49.9868 Permits to construct.

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

§ 49.9869 Permits to operate.

Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. May 28, 2004 Final Rule for OMB Review 152 § 49.9870 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Reservation of the Burns Paiute Indian Colony:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.9871 49.9890 [ Reserved]

4. Subpart M of Part 49 is amended by adding an undesignated center heading and § § 49.9891 through 49.9900 to read as follows: May 28, 2004 Final Rule for OMB Review 153 IMPLEMENTATION PLAN FOR THE CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, WASHINGTON § 49.9891 Identification of plan.

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

§ 49.9892 Approval status.

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

§ 49.9893 Legal authority. [ Reserved]

§ 49.9894 Source surveillance. [ Reserved]

§ 49.9895 Classification of regions for episode plans.

The air quality control region which encompasses the Chehalis Reservation is classified as follows for purposes of episode plans: May 28, 2004 Final Rule for OMB Review 154 Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.9896 Contents of implementation plan.

The implementation plan for the Chehalis Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits. May 28, 2004 Final Rule for OMB Review 155 § 49.9897 EPA approved Tribal rules and plans. [ Reserved]

§ 49.9898 Permits to construct.

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

§ 49.9899 Permits to operate.

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

§ 49.9900 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Chehalis Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes. May 28, 2004 Final Rule for OMB Review 156 ( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.9901 49.9920 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE COEUR D'ALENE TRIBE OF THE COEUR D'ALENE RESERVATION, IDAHO § 49.9921 Identification of plan.

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

§ 49.9922 Approval status.

There are currently no EPA approved Tribal rules or measures in the implementation plan for the Coeur D'Alene Reservation. May 28, 2004 Final Rule for OMB Review 157 § 49.9923 Legal authority. [ Reserved]

§ 49.9924 Source surveillance. [ Reserved]

§ 49.9925 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) I Sulfur oxides II § 49.9926 Contents of implementation plan.

The implementation plan for the Coeur D'Alene Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide. May 28, 2004 Final Rule for OMB Review 158 ( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.9927 EPA approved Tribal rules and plans. [ Reserved]

§ 49.9928 Permits to construct.

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

§ 49.9929 Permits to operate.

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

§ 49.9930 Federally promulgated regulations and Federal implementation plans.

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

( a) Section 49.123 General provisions. May 28, 2004 Final Rule for OMB Review 159 ( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.9931 49.9950 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, WASHINGTON § 49.9951 Identification of plan. May 28, 2004 Final Rule for OMB Review 160 This section and § § 49.9952 through 49.9980 contain the implementation plan for the Confederated Tribes of the Colville Reservation. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Colville Reservation.

§ 49.9952 Approval status.

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

§ 49.9953 Legal authority. [ Reserved]

§ 49.9954 Source surveillance. [ Reserved]

§ 49.9955 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Pollutant Classification May 28, 2004 Final Rule for OMB Review 161 Sulfur oxides III § 49.9956 Contents of implementation plan.

The implementation plan for the Colville Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.127 Rule for woodwaste burners.

( f) Section 49.128 Rule for limiting particulate matter emissions from wood products industry sources.

( g) Section 49.129 Rule for limiting emissions of sulfur dioxides.

( h) Section 49.130 Rule for limiting sulfur in fuels.

( i) Section 49.131 General rule for open burning.

( j) Section 49.135 Rule for emissions detrimental to human health or welfare.

( k) Section 49.137 Rule for air pollution episodes.

( l) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( m) Section 49.139 Rule for non Title V operating permits. May 28, 2004 Final Rule for OMB Review 162 § 49.9957 EPA approved Tribal rules and plans. [ Reserved]

§ 49.9958 Permits to construct.

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

§ 49.9959 Permits to operate.

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

§ 49.9960 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Colville Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.127 Rule for woodwaste burners.

( f) Section 49.128 Rule for limiting particulate matter emissions from wood products industry sources.

( g) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( h) Section 49.130 Rule for limiting sulfur in fuels. May 28, 2004 Final Rule for OMB Review 163 ( i) Section 49.131 General rule for open burning.

( j) Section 49.135 Rule for emissions detrimental to human health or welfare.

( k) Section 49.137 Rule for air pollution episodes.

( l) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( m) Section 49.139 Rule for non Title V operating permits.

§ § 49.9961 49.9980 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE CONFEDERATED TRIBES OF THE COOS, LOWER UMPQUA AND SIUSLAW INDIANS OF OREGON § 49.9981 Identification of plan.

This section and § § 49.9982 through 49.10010 contain the implementation plan for the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Reservation of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians. May 28, 2004 Final Rule for OMB Review 164 § 49.9982 Approval status.

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

§ 49.9983 Legal authority. [ Reserved]

§ 49.9984 Source surveillance. [ Reserved]

§ 49.9985 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides III § 49.9986 Contents of implementation plan.

The implementation plan for the Reservation of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians consists of the following rules, regulations, and measures: May 28, 2004 Final Rule for OMB Review 165 ( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.9987 EPA approved Tribal rules and plans. [ Reserved]

§ 49.9988 Permits to construct.

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

§ 49.9989 Permits to operate.

Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. May 28, 2004 Final Rule for OMB Review 166 § 49.9990 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Reservation of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.9991 49.10010 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE COQUILLE TRIBE OF OREGON May 28, 2004 Final Rule for OMB Review 167 § 49.10011 Identification of plan.

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

§ 49.10012 Approval status.

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

§ 49.10013 Legal authority. [ Reserved]

§ 49.10014 Source surveillance. [ Reserved]

§ 49.10015 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Pollutant Classification May 28, 2004 Final Rule for OMB Review 168 Particulate matter ( PM10) II Sulfur oxides III § 49.10016 Contents of implementation plan.

The implementation plan for the Reservation of the Coquille Tribe consists of the following rules, regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10017 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10018 Permits to construct. May 28, 2004 Final Rule for OMB Review 169 Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.

§ 49.10019 Permits to operate.

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

§ 49.10020 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Reservation of the Coquille Tribe:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits. May 28, 2004 Final Rule for OMB Review 170 § § 49.10021 49.10040 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE COW CREEK BAND OF UMPQUA INDIANS OF OREGON § 49.10041 Identification of plan.

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

§ 49.10042 Approval status.

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

§ 49.10043 Legal authority. [ Reserved]

§ 49.10044 Source surveillance. [ Reserved] May 28, 2004 Final Rule for OMB Review 171 § 49.10045 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides III § 49.10046 Contents of implementation plan.

The implementation plan for the Reservation of the Cow Creek Band of Umpqua Indians consists of the following rules, regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes. May 28, 2004 Final Rule for OMB Review 172 ( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10047 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10048 Permits to construct.

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

§ 49.10049 Permits to operate.

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

§ 49.10050 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Reservation of the Cow Creek Band of Umpqua Indians:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide. May 28, 2004 Final Rule for OMB Review 173 ( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10051 49.10100 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON § 49.10101 Identification of plan.

This section and § § 49.10102 through 49.10130 contain the implementation plan for the Confederated Tribes of the Grand Ronde Community. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Reservation of the Confederated Tribes of the Grand Ronde Community. May 28, 2004 Final Rule for OMB Review 174 § 49.10102 Approval status.

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

§ 49.10103 Legal authority. [ Reserved]

§ 49.10104 Source surveillance. [ Reserved]

§ 49.10105 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide I Nitrogen dioxide III Ozone I Particulate matter ( PM10) I Sulfur oxides IA § 49.10106 Contents of implementation plan.

The implementation plan for the Reservation of the Confederated Tribes of the Grand Ronde Community consists of the following rules, regulations, and measures:

( a) Section 49.123 General provisions. May 28, 2004 Final Rule for OMB Review 175 ( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10107 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10108 Permits to construct.

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

§ 49.10109 Permits to operate.

Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. May 28, 2004 Final Rule for OMB Review 176 § 49.10110 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Reservation of the Confederated Tribes of the Grand Ronde Community:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10111 49.10130 [ Reserved]

11. Subpart M of Part 49 is amended by adding an undesignated center heading and § § 49.10131 through 49.10140 to read as follows: May 28, 2004 Final Rule for OMB Review 177 IMPLEMENTATION PLAN FOR THE HOH INDIAN TRIBE OF THE HOH INDIAN RESERVATION, WASHINGTON § 49.10131 Identification of plan.

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

§ 49.10132 Approval status.

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

§ 49.10133 Legal authority. [ Reserved]

§ 49.10134 Source surveillance. [ Reserved]

§ 49.10135 Classification of regions for episode plans.

The air quality control region which encompasses the Hoh Indian Reservation is classified as follows for purposes of episode plans: May 28, 2004 Final Rule for OMB Review 178 Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10136 Contents of implementation plan.

The implementation plan for the Hoh Indian Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits. May 28, 2004 Final Rule for OMB Review 179 § 49.10137 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10138 Permits to construct.

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

§ 49.10139 Permits to operate.

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

§ 49.10140 Federally promulgated regulations and Federal implementation plans.

( a) The following regulations are incorporated and made part of the implementation plan for the Hoh Indian Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes. May 28, 2004 Final Rule for OMB Review 180 ( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10141 49.10160 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE JAMESTOWN S'KLALLAM TRIBE OF WASHINGTON § 49.10161 Identification of plan.

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

§ 49.10162 Approval status.

There are currently no EPA approved Tribal rules or measures in the implementation plan for the Reservation of the Jamestown S'Klallam Tribe. May 28, 2004 Final Rule for OMB Review 181 § 49.10163 Legal authority. [ Reserved]

§ 49.10164 Source surveillance. [ Reserved]

§ 49.10165 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10166 Contents of implementation plan.

The implementation plan for the Reservation of the Jamestown S'Klallam Tribe consists of the following rules, regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide. May 28, 2004 Final Rule for OMB Review 182 ( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10167 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10168 Permits to construct.

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

§ 49.10169 Permits to operate.

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

§ 49.10170 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Reservation of the Jamestown S'Klallam Tribe:

( a) Section 49.123 General provisions. May 28, 2004 Final Rule for OMB Review 183 ( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10171 49.10190 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE KALISPEL INDIAN COMMUNITY OF THE KALISPEL RESERVATION, WASHINGTON § 49.10191 Identification of plan. May 28, 2004 Final Rule for OMB Review 184 This section and § § 49.1019192 through 49.10220 contain the implementation plan for the Kalispel Indian Community. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Kalispel Reservation.

§ 49.10192 Approval status.

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

§ 49.10193 Legal authority. [ Reserved]

§ 49.10194 Source surveillance. [ Reserved]

§ 49.10195 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides III May 28, 2004 Final Rule for OMB Review 185 § 49.10196 Contents of implementation plan.

The implementation plan for the Kalispel Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10197 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10198 Permits to construct.

Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21. May 28, 2004 Final Rule for OMB Review 186 § 49.10199 Permits to operate.

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

§ 49.10200 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Kalispel Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10201 49.10220 [ Reserved] May 28, 2004 Final Rule for OMB Review 187 14. Subpart M of Part 49 is amended by adding an undesignated center heading and § § 49.10221 through 49.10230 to read as follows:

IMPLEMENTATION PLAN FOR THE KLAMATH INDIAN TRIBE OF OREGON § 49.10221 Identification of plan.

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

§ 49.10222 Approval status.

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

§ 49.10223 Legal authority. [ Reserved]

§ 49.10224 Source surveillance. [ Reserved]

§ 49.10225 Classification of regions for episode plans.

The air quality control region which encompasses the Reservation of the Klamath Indian Tribe is classified as follows for purposes of episode plans: May 28, 2004 Final Rule for OMB Review 188 Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides III § 49.10226 Contents of implementation plan.

The implementation plan for the Reservation of the Klamath Indian Tribe consists of the following rules, regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits. May 28, 2004 Final Rule for OMB Review 189 § 49.10227 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10228 Permits to construct.

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

§ 49.10229 Permits to operate.

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

§ 49.10230 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Reservation of the Klamath Indian Tribe:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes. May 28, 2004 Final Rule for OMB Review 190 ( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10231 49.10250 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE KOOTENAI TRIBE OF IDAHO § 49.10251 Identification of plan.

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

§ 49.10252 Approval status.

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

§ 49.10253 Legal authority. [ Reserved] May 28, 2004 Final Rule for OMB Review 191 § 49.10254 Source surveillance. [ Reserved]

§ 49.10255 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) I Sulfur oxides III § 49.10256 Contents of implementation plan.

The implementation plan for the Reservation of the Kootenai Tribe of Idaho consists of the following rules, regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning. May 28, 2004 Final Rule for OMB Review 192 ( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10257 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10258 Permits to construct.

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

§ 49.10259 Permits to operate.

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

§ 49.10260 Federally promulgated regulations and Federal implementation plans.

( a) The following regulations are incorporated and made part of the implementation plan for the Reservation of the Kootenai Tribe of Idaho:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter. May 28, 2004 Final Rule for OMB Review 193 ( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.103261 49.10280 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE LOWER ELWHA TRIBAL COMMUNITY OF THE LOWER ELWHA RESERVATION, WASHINGTON § 49.10281 Identification of plan.

This section and § § 49.10282 through 49.10310 contain the implementation plan for the Lower Elwha Tribal Community. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Lower Elwha Reservation. May 28, 2004 Final Rule for OMB Review 194 § 49.10282 Approval status.

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

§ 49.10283 Legal authority. [ Reserved]

§ 49.10284 Source surveillance. [ Reserved]

§ 49.10285 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10286 Contents of implementation plan.

The implementation plan for the Lower Elwha Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions. May 28, 2004 Final Rule for OMB Review 195 ( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10287 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10288 Permits to construct.

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

§ 49.10289 Permits to operate.

Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. May 28, 2004 Final Rule for OMB Review 196 § 49.10290 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Lower Elwha Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10291 49.10310 [ Reserved]

17. Subpart M of Part 49 is amended by adding an undesignated center heading and § § 49.10311 through 49.10320 to read as follows: May 28, 2004 Final Rule for OMB Review 197 IMPLEMENTATION PLAN FOR THE LUMMI TRIBE OF THE LUMMI RESERVATION,

WASHINGTON § 49.10311 Identification of plan.

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

§ 49.10312 Approval status.

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

§ 49.10313 Legal authority. [ Reserved]

§ 49.10314 Source surveillance. [ Reserved]

§ 49.10315 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Pollutant Classification May 28, 2004 Final Rule for OMB Review 198 Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10316 Contents of implementation plan.

The implementation plan for the Lummi Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10317 EPA approved Tribal rules and plans. [ Reserved] May 28, 2004 Final Rule for OMB Review 199 § 49.10318 Permits to construct.

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

§ 49.10319 Permits to operate.

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

§ 49.10320 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Lummi Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. May 28, 2004 Final Rule for OMB Review 200 ( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10321 49.10340 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE MAKAH INDIAN TRIBE OF THE MAKAH INDIAN RESERVATION, WASHINGTON § 49.10341 Identification of plan.

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

§ 49.10342 Approval status.

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

§ 49.10343 Legal authority. [ Reserved]

§ 49.10344 Source surveillance. [ Reserved] May 28, 2004 Final Rule for OMB Review 201 § 49.10345 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10346 Contents of implementation plan.

The implementation plan for the Makah Indian Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes. May 28, 2004 Final Rule for OMB Review 202 ( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10347 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10348 Permits to construct.

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

§ 49.10349 Permits to operate.

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

§ 49.10350 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Makah Indian Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide. May 28, 2004 Final Rule for OMB Review 203 ( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10351 49.10370 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE MUCKLESHOOT INDIAN TRIBE OF THE MUCKLESHOOT RESERVATION, WASHINGTON § 49.10371 Identification of plan.

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

§ 49.10372 Approval status. May 28, 2004 Final Rule for OMB Review 204 There are currently no EPA approved Tribal rules or measures in the implementation plan for the Muckleshoot Reservation.

§ 49.10373 Legal authority. [ Reserved]

§ 49.10374 Source surveillance. [ Reserved]

§ 49.10375 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide I Nitrogen dioxide III Ozone I Particulate matter ( PM10) I Sulfur oxides IA § 49.10376 Contents of implementation plan.

The implementation plan for the Muckleshoot Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions. May 28, 2004 Final Rule for OMB Review 205 ( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10377 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10378 Permits to construct.

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

§ 49.10379 Permits to operate.

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

§ 49.10380 Federally promulgated regulations and Federal implementation plans. May 28, 2004 Final Rule for OMB Review 206 The following regulations are incorporated and made part of the implementation plan for the Muckleshoot Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10381 49.10400 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE NEZ PERCE TRIBE OF IDAHO May 28, 2004 Final Rule for OMB Review 207 § 49.10401 Identification of plan.

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

§ 49.10402 Approval status.

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

§ 49.10403 Legal authority. [ Reserved]

§ 49.10404 Source surveillance. [ Reserved]

§ 49.10405 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Pollutant Classification May 28, 2004 Final Rule for OMB Review 208 Particulate matter ( PM10) I Sulfur oxides III § 49.10406 Contents of implementation plan.

The implementation plan for the Nez Perce Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.127 Rule for woodwaste burners.

( f) Section 49.128 Rule for limiting particulate matter emissions from wood products industry sources.

( g) Section 49.129 Rule for limiting emissions of sulfur dioxides.

( h) Section 49.130 Rule for limiting sulfur in fuels.

( i) Section 49.131 General rule for open burning.

( j) Section 49.132 Rule for general open burning permits.

( k) Section 49.133 Rule for agricultural burning permits.

( l) Section 49.134 Rule for forestry and silvicultural burning permits.

( m) Section 49.136 Rule for emissions detrimental to persons, property, cultural or traditional resources.

( n) Section 49.137 Rule for air pollution episodes. May 28, 2004 Final Rule for OMB Review 209 ( o) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( p) Section 49.139 Rule for non Title V operating permits.

§ 49.10407 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10408 Permits to construct.

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

§ 49.10409 Permits to operate.

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

§ 49.10410 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Nez Perce Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.127 Rule for woodwaste burners. May 28, 2004 Final Rule for OMB Review 210 ( f) Section 49.128 Rule for limiting particulate matter emissions from wood products industry sources.

( g) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( h) Section 49.130 Rule for limiting sulfur in fuels.

( i) Section 49.131 General rule for open burning.

( j) Section 49.132 Rule for general open burning permits.

( k) Section 49.133 Rule for agricultural burning permits.

( l) Section 49.134 Rule for forestry and silvicultural burning permits.

( m) Section 49.136 Rule for emissions detrimental to persons, property, cultural or traditional resources.

( n) Section 49.137 Rule for air pollution episodes.

( o) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( p) Section 49.139 Rule for non Title V operating permits.

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

( a) Beginning March 1, 2005, a person must apply for and obtain a permit under § 49.132 Rule for general open burning permits.

( b) Beginning March 1, 2005, a person must apply for and obtain approval of a permit under § 49.133 Rule for agricultural burning permits. May 28, 2004 Final Rule for OMB Review 211 ( c) Beginning March 1, 2005, a person must apply for and obtain approval of a permit under § 49.134 Rule for forestry and silvicultural burning permits.

§ § 49.10412 49.10430 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE NISQUALLY INDIAN TRIBE OF THE NISQUALLY RESERVATION, WASHINGTON § 49.10431 Identification of plan.

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

§ 49.10432 Approval status.

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

§ 49.10433 Legal authority. [ Reserved] May 28, 2004 Final Rule for OMB Review 212 § 49.10434 Source surveillance. [ Reserved]

§ 49.10435 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10436 Contents of implementation plan.

The implementation plan for the Nisqually Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning. May 28, 2004 Final Rule for OMB Review 213 ( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10437 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10438 Permits to construct.

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

§ 49.10439 Permits to operate.

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

§ 49.10440 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Nisqually Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter. May 28, 2004 Final Rule for OMB Review 214 ( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10441 49.10460 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE NOOKSACK INDIAN TRIBE OF WASHINGTON § 49.10461 Identification of plan.

This section and § § 49.10462 through 49.10490 contain the implementation plan for the Nooksack Indian Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Reservation of the Nooksack Indian Tribe. May 28, 2004 Final Rule for OMB Review 215 § 49.10462 Approval status.

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

§ 49.10463 Legal authority. [ Reserved]

§ 49.10464. Source surveillance. [ Reserved]

§ 49.10465 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10466 Contents of implementation plan.

The implementation plan for the Reservation of the Nooksack Indian Tribe consists of the following rules, regulations, and measures:

( a) Section 49.123 General provisions. May 28, 2004 Final Rule for OMB Review 216 ( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10467 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10468 Permits to construct.

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

§ 49.10469 Permits to operate.

Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. May 28, 2004 Final Rule for OMB Review 217 § 49.10470 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Reservation of the Nooksack Indian Tribe:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10471 49.10490 [ Reserved]

23. Subpart M of Part 49 is amended by adding an undesignated center heading and § § 49.10491 through 49.10500 to read as follows: May 28, 2004 Final Rule for OMB Review 218 IMPLEMENTATION PLAN FOR THE PORT GAMBLE INDIAN COMMUNITY OF THE PORT GAMBLE RESERVATION, WASHINGTON § 49.10491 Identification of plan.

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

§ 49.10492 Approval status.

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

§ 49.10493 Legal authority. [ Reserved]

§ 49.10494. Source surveillance. [ Reserved]

§ 49.10495 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide I Pollutant Classification May 28, 2004 Final Rule for OMB Review 219 Nitrogen dioxide III Ozone I Particulate matter ( PM10) I Sulfur oxides IA § 49.10496 Contents of implementation plan.

The implementation plan for the Port Gamble Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10497 EPA approved Tribal rules and plans. [ Reserved] May 28, 2004 Final Rule for OMB Review 220 § 49.10498 Permits to construct.

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

§ 49.10499 Permits to operate.

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

§ 49.10500 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Port Gamble Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. May 28, 2004 Final Rule for OMB Review 221 ( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10501 49.10520 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE PUYALLUP TRIBE OF THE PUYALLUP RESERVATION, WASHINGTON § 49.10521 Identification of plan.

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

§ 49.10522 Approval status.

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

§ 49.10523 Legal authority. [ Reserved] May 28, 2004 Final Rule for OMB Review 222 § 49.10524 Source surveillance. [ Reserved]

§ 49.10525 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide I Nitrogen dioxide III Ozone I Particulate matter ( PM10) I Sulfur oxides IA § 49.10526. Contents of implementation plan.

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

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning. May 28, 2004 Final Rule for OMB Review 223 ( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10527 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10528 Permits to construct.

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

§ 49.10529 Permits to operate.

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

§ 49.10530 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the lands in trust that are within the Puyallup Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter. May 28, 2004 Final Rule for OMB Review 224 ( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10531 49.10550 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE QUILEUTE TRIBE OF THE QUILEUTE RESERVATION, WASHINGTON § 49.10551 Identification of plan.

This section and § § 49.10552 through 49.10580 contain the implementation plan for the Quileute Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Quileute Reservation. May 28, 2004 Final Rule for OMB Review 225 § 49.10552 Approval status.

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

§ 49.10553 Legal authority. [ Reserved]

§ 49.10554. Source surveillance. [ Reserved]

§ 49.10555 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10556 Contents of implementation plan.

The implementation plan for the Quileute Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions. May 28, 2004 Final Rule for OMB Review 226 ( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10557 EPA approved tribal rules and plans. [ Reserved]

§ 49.10558 Permits to construct.

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

§ 49.10559 Permits to operate.

Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. May 28, 2004 Final Rule for OMB Review 227 § 49.10560 Federally promulgated regulations and federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Quileute Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10561 49.10580 [ Reserved]

26. Subpart M of Part 49 is amended by adding an undesignated center heading and § § 49.10581 through 49.10590 to read as follows: May 28, 2004 Final Rule for OMB Review 228 IMPLEMENTATION PLAN FOR THE QUINAULT TRIBE OF THE QUINAULT RESERVATION, WASHINGTON § 49.10581 Identification of plan.

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

§ 49.10582 Approval status.

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

§ 49.10583 Legal authority. [ Reserved]

§ 49.10584. Source surveillance. [ Reserved]

§ 49.10585 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Pollutant Classification May 28, 2004 Final Rule for OMB Review 229 Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10586 Contents of implementation plan.

The implementation plan for the Quinault Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10587 EPA approved Tribal rules and plans. [ Reserved] May 28, 2004 Final Rule for OMB Review 230 § 49.10588 Permits to construct.

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

§ 49.10589 Permits to operate.

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

§ 49.10590 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Quinault Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. May 28, 2004 Final Rule for OMB Review 231 ( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10591 49.10640 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE SAUK SUIATTLE INDIAN TRIBE OF WASHINGTON § 49.10641 Identification of plan.

This section and § § 49.10642 through 49.10670 contain the implementation plan for the Sauk

Suiattle Indian Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Reservation of the Sauk Suiattle Tribe.

§ 49.10642 Approval status.

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

§ 49.10643 Legal authority. [ Reserved]

§ 49.10644 Source surveillance. [ Reserved] May 28, 2004 Final Rule for OMB Review 232 § 49.10645 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide I Nitrogen dioxide III Ozone I Particulate matter ( PM10) I Sulfur oxides IA § 49.10646 Contents of implementation plan.

The implementation plan for the Reservation of the Sauk Suiattle Tribe consists of the following rules, regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes. May 28, 2004 Final Rule for OMB Review 233 ( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10647 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10648 Permits to construct.

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

§ 49.10649 Permits to operate.

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

§ 49.10650 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Reservation of the Sauk Suiattle Tribe:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide. May 28, 2004 Final Rule for OMB Review 234 ( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10651 49.10670 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE SHOALWATER BAY TRIBE OF THE SHOALWATER BAY INDIAN RESERVATION, WASHINGTON § 49.10671 Identification of plan.

This section and § § 49.10672 through 49.10700 contain the implementation plan for the Shoalwater Bay Tribe of the Shoalwater Bay Indian Reservation. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Shoalwater Bay Indian Reservation. May 28, 2004 Final Rule for OMB Review 235 § 49.10672 Approval status.

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

§ 49.10673 Legal authority. [ Reserved]

§ 49.10674 Source surveillance. [ Reserved]

§ 49.10675 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10676 Contents of implementation plan.

The implementation plan for the Shoalwater Bay Indian Reservation consists of the following rules, regulations, and measures:

( a) Section 49.123 General provisions. May 28, 2004 Final Rule for OMB Review 236 ( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10677 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10678 Permits to construct.

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

§ 49.10679 Permits to operate.

Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. May 28, 2004 Final Rule for OMB Review 237 § 49.10680 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Shoalwater Bay Indian Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10681 49.10700 [ Reserved]

29. Subpart M of Part 49 is amended by revising the undesignated center heading and § § 49.10701 through 49.10702 to read as follows: May 28, 2004 Final Rule for OMB Review 238 IMPLEMENTATION PLAN FOR THE SHOSHONE BANNOCK TRIBES OF THE FORT HALL INDIAN RESERVATION OF IDAHO § 49.10701 Identification of plan.

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

§ 49.10702 Approval status.

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

30. Subpart M of Part 49 is amended by revising § § 49.10704 through 49.10706 to read as follows:

§ 49.10704 Source surveillance. [ Reserved]

§ 49.10705 Classification of regions for episode plans.

The air quality control region which encompasses the Fort Hall Indian Reservation is classified as follows for purposes of episode plans: May 28, 2004 Final Rule for OMB Review 239 Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) I Sulfur oxides II § 49.10706 Contents of implementation plan.

The implementation plan for the Fort Hall Indian Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits. May 28, 2004 Final Rule for OMB Review 240 ( l) Section 49.10711 Federal Implementation Plan for the Astaris Idaho LLC Facility ( formerly owned by FMC Corporation) in the Fort Hall PM 10 Nonattainment Area.

31. Subpart M of Part 49 is amended by revising § § 49.10709 through 49.10710 to read as follows:

§ 49.10709 Permits to operate.

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

§ 49.10710 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Fort Hall Indian Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes. May 28, 2004 Final Rule for OMB Review 241 ( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

( l) Section 49.10711 Federal Implementation Plan for the Astaris Idaho LLC Facility ( formerly owned by FMC Corporation) in the Fort Hall PM 10 Nonattainment Area.

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

IMPLEMENTATION PLAN FOR THE CONFEDERATED TRIBES OF THE SILETZ RESERVATION, OREGON § 49.10731 Identification of plan.

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

§ 49.10732 Approval status.

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

§ 49.10733 Legal authority. [ Reserved] May 28, 2004 Final Rule for OMB Review 242 § 49.10734 Source surveillance. [ Reserved]

§ 49.10735 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) III Sulfur oxides III § 49.10736 Contents of implementation plan.

The implementation plan for the Siletz Reservation consists of the following rules, regulations,

and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning. May 28, 2004 Final Rule for OMB Review 243 ( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10737 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10738 Permits to construct.

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

§ 49.10739 Permits to operate.

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

§ 49.10740 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Siletz Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter. May 28, 2004 Final Rule for OMB Review 244 ( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permit.

§ § 49.10741 49.10760 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE SKOKOMISH INDIAN TRIBE OF THE SKOKOMISH RESERVATION, WASHINGTON § 49.10761 Identification of plan.

This section and § § 49.10762 through 49.10820 contain the implementation plan for the Skokomish Indian Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Skokomish Reservation. May 28, 2004 Final Rule for OMB Review 245 § 49.10762 Approval status.

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

§ 49.10763 Legal authority. [ Reserved]

§ 49.10764 Source surveillance. [ Reserved]

§ 49.10765 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides II § 49.10766 Contents of implementation plan.

The implementation plan for the Skokomish Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions. May 28, 2004 Final Rule for OMB Review 246 ( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10767 EPA approved Tribal rules and plans. [ Reserved]

§ 49.10768 Permits to construct.

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

§ 49.10769 Permits to operate.

Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. May 28, 2004 Final Rule for OMB Review 247 § 49.10770 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Skokomish Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10771 49.10820 [ Reserved]

34. Subpart M of Part 49 is amended by adding an undesignated center heading and § § 49.10821 through 49.10830 to read as follows: May 28, 2004 Final Rule for OMB Review 248 IMPLEMENTATION PLAN FOR THE SPOKANE TRIBE OF THE SPOKANE RESERVATION, WASHINGTON § 49.10821 Identification of plan.

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

§ 49.10822 Approval status.

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

§ 49.10823 Legal authority. [ Reserved]

§ 49.10824 Source surveillance. [ Reserved]

§ 49.10825 Classification of regions for episode plans.

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

Pollutant Classification Carbon monoxide III Pollutant Classification May 28, 2004 Final Rule for OMB Review 249 Nitrogen dioxide III Ozone III Particulate matter ( PM10) II Sulfur oxides III § 49.10826 Contents of implementation plan.

The implementation plan for the Spokane Reservation consists of the following rules,

regulations, and measures:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.

( k) Section 49.139 Rule for non Title V operating permits.

§ 49.10827 EPA approved Tribal rules and plans. [ Reserved] May 28, 2004 Final Rule for OMB Review 250 § 49.10828 Permits to construct.

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

§ 49.10829 Permits to operate.

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

§ 49.10830 Federally promulgated regulations and Federal implementation plans.

The following regulations are incorporated and made part of the implementation plan for the Spokane Reservation:

( a) Section 49.123 General provisions.

( b) Section 49.124 Rule for limiting visible emissions.

( c) Section 49.125 Rule for limiting the emissions of particulate matter.

( d) Section 49.126 Rule for limiting fugitive particulate matter emissions.

( e) Section 49.129 Rule for limiting emissions of sulfur dioxide.

( f) Section 49.130 Rule for limiting sulfur in fuels.

( g) Section 49.131 General rule for open burning.

( h) Section 49.135 Rule for emissions detrimental to human health or welfare.

( i) Section 49.137 Rule for air pollution episodes.

( j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. May 28, 2004 Final Rule for OMB Review 251 ( k) Section 49.139 Rule for non Title V operating permits.

§ § 49.10831 49.10850 [ Reserved]

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

IMPLEMENTATION PLAN FOR THE SQUAXIN ISLAND TRIBE OF THE SQUAXIN ISLAND RESERVATION, WASHINGTON § 49.10851 Identification of plan.

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

§ 49.10852 Approval status.

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

§ 49.10853 Legal authority. [ Reserved]

§ 49.10854 Source surveillance. [ Reserved] May 28, 2004 Final Rule for OMB Review 252 § 49.10855 Classification of regions for episode plans.