except for wholesale businesses that both cook and sell cooked food; consumer use of office equipment and products; janitorial services and consumer use of janitorial products; maintenance and repair activities, except for air pollution sources engaged in the business of maintaining and repairing equipment; agricultural activities and forestry and silvicultural activities, including agricultural burning and forestry and silvicultural burning; and open burning. Sources subject to a standard established under section 111 or section 112 of the CAA must register. May 28, 2004 Final Rule for OMB Review 64 EPA changed the date when initial registration is due for existing sources from one year after the effective date of the rule to February 15, 2007. This revision will provide time for sources to have a complete year's worth of data to submit and will provide time for outreach and education to the regulated community on the rule requirements. The final rule is revised to exempt air pollution sources with relatively insignificant emissions from the requirement to register and report emissions. Specifically, sources that do not have the potential to emit more than two tons per year of any air pollutant are exempt. The final definition of " air pollution source" is also revised to clarify that the two tons per year exemption applies to the combined emissions from all of the buildings, structures, facilities, installations, activities, and equipment at a location. The proposed rule exempted from registration a list of categories of sources that EPA considered to produce only de minimis levels of pollutants or would be an unreasonable administrative burden to register. However, sources not within the listed categories would have been required to register, regardless of how little air pollution is emitted by the source. EPA believes that an accurate inventory of sources and emissions can be assembled for purposes of air quality management without requiring these sources with small or de minimis emission levels to register. This is the same cutoff EPA uses to define insignificant emissions in the Federal operating permits rule at 40 CFR 71.5( c)( 11)( ii))( A). Exempting small sources of emissions from the registration rule is also consistent with EPA's objective of minimizing the implementation burdens upon EPA and the regulated community. It is important to note that, irrespective of emission levels, any stationary source subject to a standard established under section 111 or section 112 of the Act is not exempt and must register. EPA also modified two of the categorical exemptions to reduce the burden of this section on EPA and the regulated industry. Retail May 28, 2004 Final Rule for OMB Review 65 businesses that both cook and sell cooked food ( restaurants) are exempt from this section and all air conditioning units that do not exhaust air pollutants into the atmosphere from any manufacturing or industrial process are exempt from registration regardless of whether they are subject to Title VI. EPA believes that most of these sources would be de minimis and that the burden of registering these sources outweighs the benefits of the information we would gain, and therefore, EPA is revising the exemption list.

The final rule also is revised to exempt part 71 sources from some of the provisions of this section. Part 71 sources are only required to annually report their actual emissions. To reduce the sources' reporting burden, this annual report is to be submitted at the same time as the part 71 source's annual emission report and fee calculation worksheet as required by part 71 or by the source's part 71 permit.

The final rule also is revised to clarify the information that must be submitted with the initial and annual registration as well as the information that must be submitted along with any report of relocation or change of ownership. The final rule also clarifies the pollutants for which emissions information must be submitted. This list of pollutants is consistent with those required to be addressed in implementation plans and to be reported in accordance with the new emissions inventory reporting requirements at 40 CFR part 51, subpart A.

Section 49.139  Rule for non Title V operating permits. This section creates a permitting program that can be used to establish Federally enforceable requirements for air pollution sources on Indian reservations. This section applies in the following three situations: 1)

the owner or operator of any source wishes to obtain a Federally enforceable limitation on the source's actual emissions or potential to emit and submits an application to the Regional May 28, 2004 Final Rule for OMB Review 66 Administrator requesting such a limitation; 2) the Regional Administrator determines that additional Federally enforceable requirements for a source are necessary to ensure compliance with the FIP or, if applicable, TIP; or 3) the Regional Administrator determines that additional Federally enforceable requirements for a source are necessary to ensure the attainment and maintenance of any NAAQS or PSD increment. In these three situations, the Regional Administrator may write the operating permit, following the consultation and public comment procedures described in this section. Also note that under this provision, a source that would require a part 71 Federal operating permit only because it is currently a major stationary source may obtain an operating permit under this section that limits its potential to emit to below major source thresholds so that the source is not subject to part 71.

The final rule is revised to clarify that the public will have an opportunity to request a public hearing on any draft permit. If EPA decides to hold a public hearing, we will look to the procedures in 40 CFR parts 124 and 71 for guidance.

IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), EPA must determine whether the regulatory action is " significant" and therefore subject to Office of Management and Budget ( OMB) review and the requirements of the Executive Order. The Order defines " significant regulatory action" as one that is likely to result in a rule that may:

( 1) Have an annual effect on the economy of $ 100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or Tribal, State, or local governments or communities; May 28, 2004 Final Rule for OMB Review 67 ( 2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

( 3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or ( 4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

Pursuant to the terms of Executive Order 12866, EPA has determined that this final rule is a " significant regulatory action" because it may raise novel legal or policy issues. This marks the first time that, under the CAA, EPA has promulgated FIPs for specific reservations that would be generally applicable to all sources within the exterior boundaries of those reservations.

However, EPA's analysis indicates that this rulemaking will not have a significant economic impact. EPA is finding that many sources on Indian reservations have historically been following similar air programs that are established by State and local agencies acting under State law or local rules. Although EPA has not approved SIPs as extending into Indian country under the CAA, nevertheless, some sources located on Indian reservations have made efforts to follow those programs. Most industrial sources on the Region 10 reservations have installed or upgraded air pollution control equipment to conform with State or local air programs without challenging the authority of those agencies within Indian country. As a result, these sources already have pollution controls that would meet State and local requirements.

As discussed above in sections I and II. A, this final rule will establish regulatory requirements for sources under the authority of the CAA that are substantially similar to the requirements of adjacent jurisdictions that most sources already meet. Thus, it is EPA's May 28, 2004 Final Rule for OMB Review 68 expectation that these rules will not impose significant costs or require significant changes at regulated sources. Nevertheless, because of the limited precedent this final rule would set, this action was submitted to OMB for review. Any written comments from OMB to EPA, any written EPA response to those comments, and any changes made in response to OMB suggestions or recommendations are included in the docket. The docket is available for public inspection at the EPA's Air Docket Section in Washington D. C. and at EPA Region 10 in Seattle, Washington.

See the ADDRESSES section of this preamble for specific addresses and times when the docket may be reviewed.

B. Paperwork Reduction Act The information collection requirements in this rule have been submitted for approval to the OMB under the Paperwork Reduction Act, 44 U. S. C. 3501 et seq. The information collection requirements are not enforceable until OMB approves them.

The FIPs in this final rule include information collection requirements associated with the fugitive particulate matter rule in § 49.126, the woodwaste burner rule in § 49.127; the rule for limiting sulfur in fuels in § 49.130; the rule for open burning in § 49.131; the rules for general open burning permits, agricultural burning permits, and forestry and silvicultural burning permits in § § 49.132, 49.133, and 49.134; the registration rule in § 49.138; and the rule for non Title V operating permits in § 49.139. EPA believes these information collection requirements are appropriate because they will enable EPA to develop and maintain accurate records of air pollution sources and their emissions, allow EPA to issue permits or approvals, and ensure appropriate records are available to verify compliance with these FIPs. The information collection requirements listed above are all mandatory, except for the voluntary requirements in § 49.131, § May 28, 2004 Final Rule for OMB Review 69 49.132, § 49.133, § 49.134, and the owner requested operating permits in § 49.139. Regulated entities can assert claims of business confidentiality and EPA would treat these claims in accordance with the provisions of 40 CFR part 2, subpart B.

The reporting and recordkeeping burden for this collection of information is described below. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

EPA estimates that the owners or operators of facilities affected by this final rule will incur a total, for all affected facilities, of $ 114,803 in annualized labor costs and $ 17,475 in annualized non labor costs to comply with the information collection requirements of this rule over the first three years.

An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. In addition, EPA is amending the table in 40 CFR part 9 of currently approved OMB control numbers for various regulations to list the regulatory citations for the information requirements contained in this final rule. May 28, 2004 Final Rule for OMB Review 70 C. Regulatory Flexibility Act The Regulatory Flexibility Act ( RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 ( SBREFA), 5 U. S. C. 601 et seq., generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions.

For purposes of assessing the impacts of today's rule on small entities, a small entity is defined as: ( 1) a small business as defined by the RFA ( based on Small Business Administration size standards); ( 2) a small governmental jurisdiction that is a government of a city, county, town,

school district, or special district with a population of less than 50,000; and ( 3) a small organization that is any not for profit enterprise which is independently owned and operated and is not dominant in its field.

After considering the economic impacts of today's final rule on small entities, we certify that this action will not have a significant economic impact on a substantial number of small entities. The economic analysis that EPA prepared for this rule shows the total annual compliance costs of the final rule to be approximately $ 1,500 per small business operating on the affected Indian reservations. The cost to sales ratio for small business entities is expected to be less than one percent for all facilities, even when the worst case scenario is applied. EPA identified 114 small businesses and one small non Tribal government that will be affected by this rule on the 39 reservations. May 28, 2004 Final Rule for OMB Review 71 Although this final rule will not have a significant economic impact on a substantial number of small entities, EPA nonetheless has tried to reduce the impact of this rule on small entities. Where appropriate, EPA has included a number of exemptions in this rule to reduce impacts on small entities. Included are exemptions for sources considered sufficiently small, such as households or the owners of mobile sources. In addition, in order to better understand the implications of this rule on small entities, EPA consulted extensively with Tribal governments regarding the potential impacts of these rules, as part of the consultations with Tribal representatives ( see section F below).

D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA), P. L. 104 4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on Tribal, State,

and local governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with " Federal mandates" that may result in expenditures to Tribal, State, and local governments,

in the aggregate, or to the private sector, of $ 100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any May 28, 2004 Final Rule for OMB Review 72 regulatory requirements that may significantly or uniquely affect small governments, including Tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing,

educating, and advising small governments on compliance with the regulatory requirements.

EPA has determined that this final rule does not contain a Federal mandate that may result in expenditures of $ 100 million or more for Tribal, State, and local governments, in the aggregate,

or the private sector in any one year. With regard to State and local governments, there is no expenditure because these rules only apply on Indian reservations. With regard to Tribal governments, there is no expenditure to implement and enforce the rule because the rule provides that EPA will take on that responsibility unless a Tribe chooses to assist EPA. In such a case,

EPA will seek to provide funding to support these efforts. Thus, today's rule is not subject to the requirements of sections 202 and 205 of UMRA.

In developing this rule, EPA consulted with small governments pursuant to its interim plan established under section 203 of the UMRA to address impacts of regulatory requirements in the rules that might significantly or uniquely affect small governments. As explained in the discussion of Executive Order 13175 in section E below, among other things, we notified all potentially affected Tribal governments of the requirements in this rule. Further, although there are no significant Federal intergovernmental mandates, we provided officials of all potentially affected Tribal governments an opportunity for meaningful and timely input in the development of the regulatory proposals. Finally, through consultation meetings and other forums, we will continue May 28, 2004 Final Rule for OMB Review 73 to keep Tribal governments involved by providing them with opportunities for learning about and receiving advice on compliance with the regulatory requirements.

E. Executive Order 13132: Federalism Executive Order 13132, entitled " Federalism" ( 64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure " meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications." " Policies that have Federalism implications" is defined in the Executive Order to include regulations that have " substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government."

Under section 6 of Executive Order 13132, EPA may not issue a regulation that has Federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that had Federalism implications and that preempts State law, unless the Agency consults with State and local officials early in the process of developing the proposed regulation.

This final rule does not have Federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. These rules only prescribe regulations for facilities in areas where a State does not administer an approved CAA program, and thus does not have any direct effect on May 28, 2004 Final Rule for OMB Review 74 any State. Moreover, it does not alter the relationship or the distribution of power and responsibilities established in the CAA. Thus, Executive Order 13132 does not apply to this final rule.

EPA provided advance copies of the draft proposed rule to State and local authorities in Idaho, Oregon, and Washington. All three States and several local air agencies wrote comment letters in support of the rule. Generally, the States are pleased that EPA is developing a rule for Indian reservations, as the rule will create more parity in the regulatory environment between onreservation and off reservation lands. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicited input on this rule from State and local officials well in advance of publishing the proposed rule, and we also received many comments from State and local agencies during the public comment period that we considered in developing the final rule.

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled " Consultation and Coordination with Indian Tribal Governments" ( 65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure " meaningful and timely input by Tribal officials in the development of regulatory policies that have Tribal implications." " Policies that have Tribal implications" is defined in the Executive Order to include regulations that have " substantial direct effects on one or more Indian Tribes, on the relationship between the Federal government and the Indian Tribes, or on the distribution of power and responsibilities between the Federal government and Indian Tribes."

Under section 5( b) of Executive Order 13175, EPA may not issue a regulation that has Tribal implications, that imposes substantial direct compliance costs, and that is not required by May 28, 2004 Final Rule for OMB Review 75 statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by Tribal governments, or EPA consults with Tribal officials early in the process of developing the proposed regulation. Under section 5( c) of Executive Order 13175, EPA may not issue a regulation that has Tribal implications and that preempts Tribal law, unless the Agency consults with Tribal officials early in the process of developing the proposed regulation.

EPA has concluded that this final rule will have Tribal implications. These regulations would significantly affect specific Indian reservation communities by filling the gap in air quality regulations and thus creating a level of air quality protection not previously provided under the CAA. However, the air quality requirements promulgated here are applicable broadly to all sources within the identified Indian reservation areas, and are not uniquely applicable to Tribal governments. The gap filling approach used in this rule would create Federal requirements similar to those that are already in place in jurisdictions adjacent to the reservations covered by the proposal. Tribal governments may incur some compliance costs in meeting those requirements that apply to sources they own or operate; however, the economic impacts analysis does not indicate that those costs will be significant. Finally, although Tribal governments are encouraged to partner with EPA on the implementation of these regulations, they are not required to do so.

EPA will seek to provide funding to Tribes that apply for partial delegation of administrative authority to administer specific provisions to support their activities. Since this final rule will neither impose substantial direct compliance costs on Tribal governments, nor preempt Tribal law,

the requirements of sections 5( b) and 5( c) of the Executive Order do not apply to this rule.

Consistent with EPA policy, EPA consulted with Tribal officials and representatives of Tribal governments early in the process of developing this regulation to permit them to have May 28, 2004 Final Rule for OMB Review 76 meaningful and timely input into its development. The concept for this final rule grew from discussions related to implementation of the CAA and the TAR with Tribes throughout Region 10 who are engaged in developing Tribal air quality programs. EPA Region 10 began assembling an inventory of air pollution sources in 1995, and EPA has been working with Tribes and other air management agencies since then to better determine the need for specific rules and to evaluate alternatives for Tribal and Federal programs.

In 1999 and 2000, EPA consulted with interested Tribal leaders, managers, technical staff,

and attorneys to obtain their views and input on the development of the proposed rule. The Administrative Requirements section of the Federal Register notice for the proposed rule ( 67 FR 11748) contains a summary of the early consultation process, and the Consultation Record in the docket provides detailed information on the consultations. Based on these discussions and the inventory of air pollution sources, EPA proposed, and promulgates today, a rule that is tailored to the air quality issues of the reservations in Idaho, Oregon, and Washington.

The proposed rule was published on March, 15, 2002. EPA received written comments from seven of the 42 Tribes in Idaho, Oregon, and Washington. Following publication of the proposed rule and review of all comments received, EPA offered Tribes consultation on the rule.

In September, October, and November of 2003, EPA met with a number of Tribes in Seattle and on the Chehalis, Coeur d'Alene, Nez Perce, Quinault, Snoqualmie, Tulalip, and Umatilla Reservations. The purpose of these meetings was to discuss a range of options EPA was considering as a result of the public comment received on the proposed rule and to obtain Tribal views and input on these options. EPA also held three conference calls with Tribes to discuss these options and sent three letters to the Tribal governments of all Tribes in Idaho, Oregon, and May 28, 2004 Final Rule for OMB Review 77 Washington to inform them of the opportunities to consult. In total, approximately 21 Tribes participated in these consultation opportunities. Please see the Consultation Record in the docket for this rule for more detailed information on the consultations.

As required by section 7( a), EPA's Tribal Consultation Official has certified that the requirements of the Executive Order have been met in a meaningful and timely manner. A copy of the certification is included in the docket for this rule.

G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045 ( 62 FR 19885, April 23, 1997) applies to any rule that: ( 1) is determined to be " economically significant" as defined under Executive Order 12866, and ( 2)

concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.

This final rule is not subject to the Executive Order because it is not economically significant as defined in Executive Order 12866. Further, it does not concern an environmental health or safety risk that EPA has reason to believe may have disproportionate effect on children.

H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This final rule is not a " significant energy action" as defined in Executive Order 13211,

" Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" May 28, 2004 Final Rule for OMB Review 78 ( 66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. We have concluded that this rule is not likely to have any adverse energy effects, because most of the facilities affected already have the pollution controls in place to enable them to comply with these rules.

I. NTTAA National Technology Transfer and Advancement Act As noted in the proposed rule, section 12( d) of NTTAA, Public Law No. 104 113, section 12( d) ( 15 U. S. C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical.

Voluntary consensus standards are technical standards ( e. g., materials specifications, test methods, sampling procedures, business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB,

explanations when the Agency decides not to use available and applicable voluntary standards.

This final rule includes a number of voluntary consensus standards developed or adopted by ASTM International, which are listed below in § 49.123( e) for incorporation by reference. In response to a comment on the proposed rule by ASTM International, the final rule includes the latest update for each standard and method. This final rule also includes a number of generally accepted test methods previously promulgated by EPA in other Federal rulemakings. We have not created any new EPA standards or test methods for use in this rule.

J. Congressional Review Act The Congressional Review Act ( 5 U. S. C. 801 et seq.), as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the May 28, 2004 Final Rule for OMB Review 79 rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a " major rule" as defined by 5 U. S. C.

804( 2). This rule will be effective [ INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

K. Executive Order 12898: Environmental Justice Strategy Executive Order 12898, " Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations," ( 59 FR 7629, February 19, 1994) requires each Federal agency to address and identify " disproportionally high and adverse human health or environmental effects of its programs, policies, and activities on minority and low income populations" ( section 1.1).

This rule is designed to protect human health and air quality resources on Indian reservations in Idaho, Oregon, and Washington. Although there are non Indians living and/ or working on some of the reservations, the populations primarily affected by these rules are minorities, because most people living on the majority of affected reservations are American Indians. These reservations tend to have very low per capita incomes relative to the U. S. average,

with a large percentage of the population below the poverty line. Therefore, the people living where this rule applies tend to be low income, as well as a minority. This final rule will not impose any negative environmental impacts on the people on the affected reservations. May 28, 2004 Final Rule for OMB Review 80 Therefore, there is no environmental justice concern in this case because this rule will improve human health and environmental conditions of a disadvantaged population in Region 10.

L. Petitions for Judicial Review Under section 307( b)( 1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [ INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. ( See section 307( b)( 2).) May 28, 2004 Final Rule for OMB Review 81 Signature Page Federal Implementation Plans under the Clean Air Act for Indian Reservations in Idaho, Oregon and Washington Docket #: OAR 2004 0067 Page 81 of 287.

List of Subjects 40 CFR Part 49 Environmental protection, Air pollution control, Administrative practice and procedure,

Incorporation by reference, Indians, Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 9 Environmental protection, Reporting and recordkeeping requirements.

Dated: ________________ _______________________________ Michael O. Leavitt, Administrator. May 28, 2004 Final Rule for OMB Review 82 For the reasons set out in the preamble, Parts 49 and 9, title 40, chapter I of the Code of Federal Regulations are amended to read as follows:

PART 49  TRIBAL CLEAN AIR ACT AUTHORITY 1. The authority citation for part 49 continues to read as follows:

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

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

Subpart C  General Federal Implementation Plan Provisions Sec.

49.101 49.120 [ Reserved]

GENERAL RULES FOR APPLICATION TO INDIAN RESERVATIONS IN EPA REGION 10 49.121 Introduction.

49.122 Partial delegation of administrative authority to a Tribe.

49.123 General provisions. May 28, 2004 Final Rule for OMB Review 83 49.124 Rule for limiting visible emissions.

49.125 Rule for limiting the emissions of particulate matter.

49.126 Rule for limiting fugitive particulate matter emissions.

49.127 Rule for woodwaste burners.

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

49.129 Rule for limiting emissions of sulfur dioxide.

49.130 Rule for limiting sulfur in fuels.

49.131 General rule for open burning.

49.132 Rule for general open burning permits.

49.133 Rule for agricultural burning permits.

49.134 Rule for forestry and silvicultural burning permits.

49.135 Rule for emissions detrimental to human health or welfare.

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

49.137 Rule for air pollution episodes.

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

49.139 Rule for non Title V operating permits.

49.140 49.200 [ Reserved]

Subpart C  General Federal Implementation Plan Provisions § § 49.101 49.120 [ Reserved] May 28, 2004 Final Rule for OMB Review 84 General Rules for Application to Indian Reservations in EPA Region 10 § 49.121 Introduction.

( a) What is the purpose of the " General Rules for Application to Indian Reservations in EPA Region 10"? These " General Rules for Application to Indian Reservations in EPA Region 10" establish emission limitations and other requirements for air pollution sources located within Indian reservations in Idaho, Oregon, and Washington that are appropriate in order to ensure a basic level of air pollution control and to protect public health and welfare.

( b) How were these " General Rules for Application to Indian Reservations in EPA Region 10" developed? These " General Rules for Application to Indian Reservations in EPA Region 10"

were developed in consultation with the Indian Tribes located in Idaho, Oregon, and Washington and with input from the public and State and local governments in Region 10. These general rules take into consideration the current air quality situations within Indian reservations, the known sources of air pollution, the needs and concerns of the Indian Tribes in that portion of Region 10,

and the air quality rules in adjacent jurisdictions.

( c) When are these " General Rules for Application to Indian Reservations in EPA Region 10" applicable to sources on a particular Indian reservation? These " General Rules for Application to Indian Reservations in EPA Region 10" apply to air pollution sources on a particular Indian reservation when EPA has specifically promulgated one or more rules for that reservation. Rules will be promulgated through notice and comment rulemaking and will be specifically identified in the implementation plan for that reservation in Subpart M  May 28, 2004 Final Rule for OMB Review 85 Implementation Plans for Tribes  Region 10, of this part. These " General Rules for Application to Indian Reservations in EPA Region 10" apply only to air pollution sources located within the exterior boundaries of an Indian reservation or other reservation lands specified in subpart M of this part.

§ 49.122 Partial delegation of administrative authority to a Tribe.

( a) What is the purpose of this section? The purpose of this section is to establish the process by which the Regional Administrator may delegate to an Indian Tribe partial authority to administer one or more of the Federal requirements in effect in subpart M of this part for a particular Indian reservation. The Federal requirements administered by the delegated Tribe will be subject to enforcement by EPA under Federal law. This section provides for administrative delegation and does not affect the eligibility criteria under § 49.6 for treatment in the same manner as a State.

( b) How does a Tribe request partial delegation of administrative authority? In order to be delegated authority to administer one or more of the Federal requirements that are in effect in subpart M of this part for a particular Indian reservation, the Tribe must submit a request to the Regional Administrator that:

( 1) Identifies the specific provisions for which delegation is requested;

( 2) Identifies the Indian reservation for which delegation is requested;

( 3) Includes a statement by the applicant's legal counsel ( or equivalent official) that includes the following information: May 28, 2004 Final Rule for OMB Review 86 ( i) A statement that the applicant is an Indian Tribe recognized by the Secretary of the Interior;

( ii) A descriptive statement demonstrating that the applicant is currently carrying out substantial governmental duties and powers over a defined area and that it meets the requirements of § 49.7( a)( 2); and ( iii) A description of the laws of the Indian Tribe that provide adequate authority to carry out the aspects of the provisions for which delegation is requested; and ( 4) Demonstrates that the Tribe has, or will have, the technical capability and adequate resources to carry out the aspects of the provisions for which delegation is requested.

( c) How is the partial delegation of administrative authority accomplished?

( 1) A Partial Delegation of Administrative Authority Agreement will set forth the terms and conditions of the delegation, will specify the provisions that the Tribe will be authorized to implement, and will be entered into by the Regional Administrator and the Tribe. The Agreement will become effective upon the date that both the Regional Administrator and the Tribe have signed the Agreement. Once the delegation becomes effective, the Tribe will have the authority under the Clean Air Act, to the extent specified in the Agreement, for administering one or more of the Federal requirements that are in effect in subpart M of this part for the particular Indian reservation and will act on behalf of the Regional Administrator.

( 2) A Partial Delegation of Administrative Authority Agreement may be modified, amended,

or revoked, in part or in whole, by the Regional Administrator after consultation with the Tribe.

Any substantive modifications or amendments will be subject to the procedures in paragraph ( d)

of this section. May 28, 2004 Final Rule for OMB Review 87 ( d) How will any partial delegation of administrative authority be publicized?

( 1) Prior to making any final decision to delegate partial administrative authority to a Tribe under this section, EPA will consult with appropriate governmental entities outside of the specified reservation and city and county governments located within the boundaries of the specified reservation.

( 2) The Regional Administrator will publish a notice in the Federal Register informing the public of any Partial Delegation of Administrative Authority Agreement for a particular Indian reservation and will note such delegation in the implementation plan for the Indian reservation.

The Regional Administrator will also publish an announcement of the partial delegation agreement in local newspapers.

§ 49.123 General provisions.

( a) Definitions. The following definitions apply for the purposes of the " General Rules for Application to Indian Reservations in EPA Region 10." Terms not defined herein have the meaning given to them in the Act.

Act means the Clean Air Act, as amended ( 42 U. S. C. 7401 et seq.).

Actual emissions means the actual rate of emissions, in tons per year, of an air pollutant emitted from an air pollution source. For an existing air pollution source, the actual emissions are the actual rate of emissions for the preceding calendar year and must be calculated using the actual operating hours, production rates, in place control equipment, and types of materials processed, stored, or combusted during the preceding calendar year. For a new air pollution May 28, 2004 Final Rule for OMB Review 88 source that did not operate during the preceding calendar year, the actual emissions are the estimated actual rate of emissions for the current calendar year.

Administrator means the Administrator of the United States Environmental Protection Agency ( EPA) or an authorized representative of the Administrator.

Agricultural activities means the usual and customary activities of cultivating the soil,

producing crops, and raising livestock for use and consumption. Agricultural activities do not include manufacturing, bulk storage, handling for resale, or the formulation of any agricultural chemical.

Agricultural burning means burning of vegetative debris from an agricultural activity that is necessary for disease or pest control, or for crop propagation and/ or crop rotation.

Air pollutant means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive ( including source material, special nuclear material, and by product material) substance or matter that is emitted into or otherwise enters the ambient air.

Such term includes any precursors to the formation of any air pollutant, to the extent the Administrator has identified such precursor or precursors for the particular purpose for which the term air pollutant is used.

Air pollution source ( or source) means any building, structure, facility, installation, activity, or equipment, or combination of these, that emits, or may emit, an air pollutant.

Allowable emissions means the emission rate of an air pollution source calculated using the maximum rated capacity of the source ( unless the source is subject to Federally enforceable limits that restrict the operating rate, hours of operation, or both) and the most stringent of the following: May 28, 2004 Final Rule for OMB Review 89 ( 1) The applicable standards in 40 CFR parts 60, 61, 62, and 63;

( 2) The applicable implementation plan emission limitations, including those with a future compliance date; or ( 3) The emissions rates specified in Federally enforceable permit conditions.

Ambient air means that portion of the atmosphere, external to buildings, to which the general public has access.

British thermal unit ( Btu) means the quantity of heat necessary to raise the temperature of one pound of water one degree Fahrenheit.

Coal means all fuels classified as anthracite, bituminous, sub bituminous, or lignite by ASTM International in ASTM Method D388 99e1, Standard Classification of Coals by Rank.

Combustion source means any air pollution source that combusts a solid fuel, liquid fuel, or gaseous fuel, or an incinerator.

Continuous emissions monitoring system ( CEMS) means the total equipment used to sample,

condition ( if applicable), analyze, and provide a permanent record of emissions.

Continuous opacity monitoring system ( COMS) means the total equipment used to sample,

analyze, and provide a permanent record of opacity.

Distillate fuel oil means any oil meeting the specifications of ASTM Grade 1 or Grade 2 fuel oils in ASTM Method D396 02a, Standard Specification for Fuel Oils.

Emission means a direct or indirect release into the atmosphere of any air pollutant, or air pollutants released into the atmosphere. May 28, 2004 Final Rule for OMB Review 90 Emission factor means an estimate of the amount of an air pollutant that is released into the atmosphere, as the result of an activity, in terms of mass of emissions per unit of activity ( for example, the pounds of sulfur dioxide emitted per gallon of fuel burned).

Emission unit means any part of an air pollution source that emits, or may emit, air pollutants into the atmosphere.

Federally enforceable means all limitations and conditions that are enforceable by the Administrator.

Forestry or silvicultural activities means those activities associated with regeneration,

growing, and harvesting of trees and timber including, but not limited to, preparing sites for new stands of trees to be either planted or allowed to regenerate through natural means, road construction and road maintenance, fertilization, logging operations, and forest management techniques employed to enhance the growth of stands of trees or timber.

Forestry or silvicultural burning means burning of vegetative debris from a forestry or silvicultural activity that is necessary for disease or pest control, reduction of fire hazard,

reforestation, or ecosystem management.

Fuel means any solid, liquid, or gaseous material that is combusted in order to produce heat or energy.

Fuel oil means a liquid fuel derived from crude oil or petroleum, including distillate oil,

residual oil, and used oil.

Fugitive dust means a particulate matter emission made airborne by forces of wind,

mechanical disturbance of surfaces, or both. Unpaved roads, construction sites, and tilled land are examples of sources of fugitive dust. May 28, 2004 Final Rule for OMB Review 91 Fugitive particulate matter means particulate matter emissions that do not pass through a stack, chimney, vent, or other functionally equivalent opening. Fugitive particulate matter includes fugitive dust.

Garbage means food wastes.

Gaseous fuel means any fuel that exists in a gaseous state at standard conditions including, but not limited to, natural gas, propane, fuel gas, process gas, and landfill gas.

Grate cleaning means removing ash from fireboxes.

Hardboard means a flat panel made from wood that has been reduced to basic wood fibers and bonded by adhesive properties under pressure.

Heat input means the total gross calorific value ( where gross calorific value is measured by ASTM Method D240 02, D1826 94( 2003), D5865 03a, or E711 87( 2004)) of all fuels burned.

Implementation plan means a Tribal implementation plan approved by EPA pursuant to this part or 40 CFR part 51, or a Federal implementation plan promulgated by EPA in this part or in 40 CFR part 52 that applies in Indian country, or a combination of Tribal and Federal implementation plans.

Incinerator means any device, including a flare, designed to reduce the volume of solid, liquid,

or gaseous waste by combustion. This includes air curtain incinerators, but does not include open burning.

Indian country means:

( 1) All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights of way running through the reservation; May 28, 2004 Final Rule for OMB Review 92 ( 2) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and ( 3) All Indian allotments, the Indian titles to which have not been extinguished, including rights of way running through the same.

Marine vessel means a waterborne craft, ship, or barge.

Mobile sources means locomotives, aircraft, motor vehicles, nonroad vehicles, nonroad engines, and marine vessels.

Motor vehicle means any self propelled vehicle designed for transporting people or property on a street or highway.

New air pollution source means an air pollution source that begins actual construction after the effective date of the " General Rules for Application to Indian Reservations in EPA Region 10".

Noncombustibles means materials that are not flammable, capable of catching fire, or burning.

Nonroad engine means:

( 1) Except as discussed below, any internal combustion engine:

( i) In or on a piece of equipment that is self propelled or that serves a dual purpose by both propelling itself and performing another function ( such as garden tractors, off highway mobile cranes, and bulldozers); or ( ii) In or on a piece of equipment that is intended to be propelled while performing its function ( such as lawnmowers and string trimmers); or May 28, 2004 Final Rule for OMB Review 93 ( iii) That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

( 2) An internal combustion engine is not a nonroad engine if:

( i) The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the Act; or ( ii) The engine is regulated by a Federal new source performance standard promulgated under section 111 of the Act; or ( iii) The engine that is otherwise portable or transportable remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine ( or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. For purposes of this paragraph, a seasonal source is a stationary source that remains in a single location on a permanent basis ( i. e.,

at least 2 years) and that operates at that single location approximately 3 months ( or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.

Nonroad vehicle means a vehicle that is powered by a nonroad engine and that is not a motor vehicle or a vehicle used solely for competition. May 28, 2004 Final Rule for OMB Review 94 Oil fired boiler means a furnace or boiler used for combusting fuel oil for the primary purpose of producing steam or hot water by heat transfer.

Opacity means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. For continuous opacity monitoring systems, opacity means the fraction of incident light that is attenuated by an optical medium.

Open burning means the burning of a material that results in the products of combustion being emitted directly into the atmosphere without passing through a stack. Open burning includes burning in burn barrels.

Owner or operator means any person who owns, leases, operates, controls, or supervises an air pollution source.

Part 71 source means any source subject to the permitting requirements of 40 CFR part 71, as provided in § § 71.3( a) and 71.3( b).

Particleboard means a matformed flat panel consisting of wood particles bonded together with synthetic resin or other suitable binder.

Particulate matter means any airborne finely divided solid or liquid material, other than uncombined water. Particulate matter includes, but is not limited to, PM10 and PM2.5.

Permit to construct or construction permit means a permit issued by the Regional Administrator pursuant to 40 CFR part 52, or a permit issued by a Tribe pursuant to a program approved by the Administrator under 40 CFR part 51, subpart I, authorizing the construction or modification of a stationary source.

Permit to operate or operating permit means a permit issued by the Regional Administrator pursuant to § 49.139 or 40 CFR part 71, or by a Tribe pursuant to a program approved by the May 28, 2004 Final Rule for OMB Review 95 Administrator under 40 CFR part 51 or 40 CFR part 70, authorizing the operation of a stationary source.

Plywood means a flat panel built generally of an odd number of thin sheets of veneers of wood in which the grain direction of each ply or layer is at right angles to the one adjacent to it.

PM10 means particulate matter with an aerodynamic diameter less than or equal to 10 micrometers.

PM2.5 means particulate matter with an aerodynamic diameter less than or equal to 2.5 micrometers.

Potential to emit means the maximum capacity of an air pollution source to emit an air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the air pollution source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted,

stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is Federally enforceable.

Press/ Cooling vent means any opening through which particulate and gaseous emissions from plywood, particleboard, or hardboard manufacturing are exhausted, either by natural draft or powered fan, from the building housing the process. Such openings are generally located immediately above the board press, board unloader, or board cooling area.

Process source means an air pollution source using a procedure or combination of procedures for the purpose of causing a change in material by either chemical or physical means, excluding combustion.

Rated capacity means the maximum sustainable capacity of the equipment. May 28, 2004 Final Rule for OMB Review 96 Reference method means any method of sampling and analyzing for an air pollutant as specified in the applicable section.

Refuse means all solid, liquid, or gaseous waste material, including but not limited to, garbage,

trash, household refuse, municipal solid waste, construction or demolition debris, or waste resulting from the operation of any business, trade, or industry.

Regional Administrator means the Regional Administrator of EPA Region 10 or an authorized representative of the Regional Administrator.

Residual fuel oil means any oil meeting the specifications of ASTM Grade 4, Grade 5, or Grade 6 fuel oils in ASTM Method D396 02a, Standard Specification for Fuel Oils.

Smudge pot means a portable heater/ burner that produces thick heavy smoke and that fruit growers place around an orchard in the evening to prevent the crop from freezing at night.

Solid fuel means wood, refuse, refuse derived fuel, tires, tire derived fuel, and other solid combustible material ( other than coal), including any combination thereof.

Solid fuel fired boiler means a furnace or boiler used for combusting solid fuel for the primary purpose of producing steam or hot water by heat transfer.

Soot blowing means using steam or compressed air to remove carbon from a furnace or from a boiler's heat transfer surfaces.

Source means the same as air pollution source.

Stack means any point in a source that conducts air pollutants to the atmosphere, including,

but not limited to, a chimney, flue, conduit, pipe, vent, or duct, but not including a flare.

Standard conditions means a temperature of 293 degrees Kelvin ( 68 degrees Fahrenheit, 20 degrees Celsius) and a pressure of 101.3 kilopascals ( 29.92 inches of mercury). May 28, 2004 Final Rule for OMB Review 97 Start up means the setting into operation of a piece of equipment.

Stationary source means any building, structure, facility, or installation that emits, or may emit, any air pollutant.

Tempering oven means any facility used to bake hardboard following an oil treatment process.

Uncombined water means droplets of water that have not combined with hygroscopic particles or do not contain dissolved solids.

Used oil means petroleum products that have been recovered from another application.

Veneer means a single flat panel of wood not exceeding 1/ 4 inch in thickness formed by slicing or peeling from a log.

Veneer dryer means equipment in which veneer is dried.

Visible emissions means air pollutants in sufficient amount to be observable to the human eye.

Wood means wood, wood residue, bark, or any derivative or residue thereof, in any form,

including but not limited to sawdust, sanderdust, wood chips, scraps, slabs, millings, shavings, and processed pellets made from wood or other forest residues.

Wood fired boiler means a furnace or boiler used for combusting wood for the primary purpose of producing steam or hot water by heat transfer.

Wood fired veneer dryer means a veneer dryer that is directly heated by the products of combustion of wood in addition to, or exclusive of, steam or natural gas or propane combustion.

Woodwaste burner means a wigwam burner, teepee burner, silo burner, olivine burner,

truncated cone burner, or other such woodwaste burning device used by the wood products industry for the disposal of wood wastes. May 28, 2004 Final Rule for OMB Review 98 ( b) Requirement for testing. The Regional Administrator may require, in a permit to construct or a permit to operate, that a person demonstrate compliance with the " General Rules for Application to Indian Reservations in EPA Region 10" by performing a source test and submitting the test results to the Regional Administrator. A person may also be required by the Regional Administrator, in a permit to construct or permit to operate, to install and operate a continuous opacity monitoring system ( COMS) or a continuous emissions monitoring system ( CEMS) to demonstrate compliance. Nothing in the " General Rules for Application to Indian Reservations in EPA Region 10" limits the authority of the Regional Administrator to require, in an information request pursuant to section 114 of the Act, a person to demonstrate compliance by performing source testing, even where the source does not have a permit to construct or a permit to operate.

( c) Requirement for monitoring, recordkeeping, and reporting. Nothing in the " General Rules for Application to Indian Reservations in EPA Region 10" precludes the Regional Administrator from requiring monitoring, recordkeeping, and reporting, including monitoring,

recordkeeping, and reporting in addition to that already required by an applicable requirement, in a permit to construct or permit to operate in order to ensure compliance.

( d) Credible evidence. For the purposes of submitting compliance certifications or establishing whether or not a person has violated or is in violation of any requirement, nothing in the " General Rules for Application to Indian Reservations in EPA Region 10" precludes the use,

including the exclusive use, of any credible evidence or information relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed. May 28, 2004 Final Rule for OMB Review 99 ( e) Incorporation by reference. The materials listed in this section are incorporated by reference in the corresponding sections noted. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U. S. C. 552( a) and 1 CFR part 51.

These materials are incorporated as they exist on the date of the approval, and a notice of any change in these materials will be published in the Federal Register. The materials are available for purchase at the corresponding addresses noted below, or are available for inspection at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC, at EPA's Air and Radiation Docket and Information Center, located at 1301 Constitution Avenue, NW, Room B102, Mail Code 6102T, Washington, D. C. 20004, and at EPA Region 10, Office of Air Quality,

10th Floor, 1200 Sixth Avenue, Seattle, Washington 98101.

( 1) The materials listed below are available for purchase from at least one of the following addresses: ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428 2959; or University Microfilms International, 300 North Zeeb Road, Ann Arbor, Michigan 48106.

( i) ASTM D388 99e1, Standard Classification of Coals by Rank, Incorporation by reference ( IBR) approved for § 49.123( a).

( ii) ASTM D396 02a, Standard Specification for Fuel Oils, IBR approved for § § 49.123( a)

and 49.130( d).

( iii) ASTM D240 02, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR approved for § 49.123( a).

( iv) ASTM D1826 94( 2003), Standard Test Method for Calorific ( Heating) Value of Gases in Natural Gas Range by Continuous Recording Calorimeter, IBR approved for § 49.123( a). May 28, 2004 Final Rule for OMB Review 100 ( v) ASTM D5865 03a, Standard Test Method for Gross Calorific Value of Coal and Coke,

IBR approved for § 49.123( a).

( vi) ASTM E711 87( 2004) Standard Test Method for Gross Calorific Value of Refuse

Derived Fuel by the Bomb Calorimeter, IBR approved for § 49.123( a).

( vii) ASTM D2880 03, Standard Specification for Gas Turbine Fuel Oils, IBR approved for § 49.130( e)( 1).

( viii) ASTM D4294 03, Standard Test Method for Sulfur in Petroleum Products by Energy

Dispersive X ray Fluorescence Spectroscopy, IBR approved for § 49.130( e)( 1).

( ix) ASTM D6021 96( 2001) e1, Standard Test Method for Measurement of Total Hydrogen Sulfide in Residual Fuels by Multiple Headspace Extraction and Sulfur Specific Detection, IBR approved for § 49.130( e)( 1).

( x) ASTM D3177 02, Standard Test Methods for Total Sulfur in the Analysis Sample of Coal and Coke, IBR approved for § 49.130( e)( 2).

( xi) ASTM D4239 02a, Standard Test Methods for Sulfur in the Analysis Sample of Coal and Coke Using High Temperature Tube Furnace Combustion Methods, IBR approved for § 49.130( e)( 2).

( xii) ASTM D2492 02, Standard Test Method for Forms of Sulfur in Coal, IBR approved for § 49.130( e)( 2).

( xiii) ASTM E775 87( 2004), Standard Test Methods for Total Sulfur in the Analysis Sample of Refuse Derived Fuel, IBR approved for § 49.130( e)( 3).

( xiv) ASTM D1072 90( 1999), Standard Test Method for Total Sulfur in Fuel Gases, IBR approved for § 49.130( e)( 4). May 28, 2004 Final Rule for OMB Review 101 ( xv) ASTM D3246 96, Standard Test Method for Sulfur in Petroleum Gas by Oxidative Microcoulometry, IBR approved for § 49.130( e)( 4).

( xvi) ASTM D4084 94( 1999) Standard Test Method for Analysis of Hydrogen Sulfide in Gaseous Fuels ( Lead Acetate Reaction Rate Method), IBR approved for § 49.130( e)( 4).

( xvii) ASTM D5504 01, Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Chemiluminescence, IBR approved for § 49.130( e)( 4).

( xviii) ASTM D4468 85( 2000), Standard Test Method for Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry, IBR approved for § 49.130( e)( 4).

( xix) ASTM D2622 03, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X ray Fluorescence Spectrometry, IBR approved for § 49.130( e)( 4).

( xx) ASTM D6228 98( 2003), Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Flame Photometric Detection, IBR approved for § 49.130( e)( 4).

§ 49.124 Rule for limiting visible emissions.

( a) What is the purpose of this section? This section limits the visible emissions of air pollutants from certain air pollution sources operating within the Indian reservation to control emissions of particulate matter to the atmosphere and ground level concentrations of particulate matter, to detect the violation of other requirements in the " General Rules for Application to Indian Reservations in EPA Region 10", and to indicate whether a source is continuously maintained and properly operated. May 28, 2004 Final Rule for OMB Review 102 ( b) Who is affected by this section? This section applies to any person who owns or operates an air pollution source that emits, or could emit, particulate matter or other visible air pollutants to the atmosphere, unless exempted in paragraph ( c) of this section.

( c) What is exempted from this section? This section does not apply to open burning,

agricultural activities, forestry and silvicultural activities, non commercial smoke houses, sweat houses or lodges, smudge pots, furnaces and boilers used exclusively to heat residential buildings with four or fewer dwelling units, fugitive dust from public roads owned or maintained by any Federal, Tribal, State, or local government, and emissions from fuel combustion in mobile sources.

( d) What are the opacity limits for air pollution sources?

( 1) The visible emissions from an air pollution source must not exceed 20% opacity, averaged over any consecutive six minute period, unless paragraph ( d)( 2) or ( d)( 3) of this section applies to the air pollution source.

( 2) The visible emissions from an air pollution source may exceed the 20% opacity limit if the owner or operator of the air pollution source demonstrates to the Regional Administrator's satisfaction that the presence of uncombined water, such as steam, is the only reason for the failure of an air pollution source to meet the 20% opacity limit.

( 3) The visible emissions from an oil fired boiler or solid fuel fired boiler that continuously measures opacity with a continuous opacity monitoring system ( COMS) may exceed the 20%

opacity limit during start up, soot blowing, and grate cleaning for a single period of up to 15 consecutive minutes in any eight consecutive hours, but must not exceed 60% opacity at any time.

( e) What is the reference method for determining compliance? May 28, 2004 Final Rule for OMB Review 103 ( 1) The reference method for determining compliance with the opacity limits is EPA Method 9. A complete description of this method is found in appendix A of 40 CFR part 60.

( 2) An alternative reference method for determining compliance is a COMS that complies with Performance Specification 1 found in appendix B of 40 CFR part 60.

( f) Definitions of terms used in this section. The following terms that are used in this section,

are defined in § 49.123 General provisions: Act, agricultural activities, air pollutant, air pollution source, ambient air, coal, continuous opacity monitoring system ( COMS), distillate fuel oil, emission, forestry or silvicultural activities, fuel, fuel oil, fugitive dust, gaseous fuel, grate cleaning, marine vessel, mobile sources, motor vehicle, nonroad engine, nonroad vehicle, oil fired boiler, opacity, open burning, particulate matter, PM10, PM2.5, reference method, refuse,

Regional Administrator, residual fuel oil, smudge pot, solid fuel, solid fuel fired boiler, soot blowing, stack, standard conditions, start up, stationary source, uncombined water, used oil,

visible emissions, and wood.

§ 49.125 Rule for limiting the emissions of particulate matter.

( a) What is the purpose of this section? This section limits the amount of particulate matter that may be emitted from certain air pollution sources operating within the Indian reservation to control ground level concentrations of particulate matter.

( b) Who is affected by this section? This section applies to any person who owns or operates an air pollution source that emits, or could emit, particulate matter to the atmosphere, unless exempted in paragraph ( c) of this section. May 28, 2004 Final Rule for OMB Review 104 ( c) What is exempted from this section? This section does not apply to woodwaste burners,

furnaces and boilers used exclusively for space heating with a rated heat input capacity of less than 400,000 British thermal units ( Btu) per hour, non commercial smoke houses, sweat houses or lodges, open burning, and mobile sources.

( d) What are the particulate matter limits for air pollution sources?

( 1) Particulate matter emissions from a combustion source stack ( except for wood fired boilers) must not exceed an average of 0.23 grams per dry standard cubic meter ( 0.1 grains per dry standard cubic foot), corrected to seven percent oxygen, during any three hour period.

( 2) Particulate matter emissions from a wood fired boiler stack must not exceed an average of 0.46 grams per dry standard cubic meter ( 0.2 grains per dry standard cubic foot), corrected to seven percent oxygen, during any three hour period.

( 3) Particulate matter emissions from a process source stack, or any other stack not subject to paragraph ( d)( 1) or ( d)( 2) of this section, must not exceed an average of 0.23 grams per dry standard cubic meter ( 0.1 grains per dry standard cubic foot) during any three hour period.

( e) What is the reference method for determining compliance? The reference method for determining compliance with the particulate matter limits is EPA Method 5. A complete description of this method is found in appendix A of 40 CFR part 60.

( f) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Act, air pollutant, air pollution source, ambient air,

British thermal unit ( Btu), coal, combustion source, distillate fuel oil, emission, fuel, fuel oil,

gaseous fuel, heat input, incinerator, marine vessel, mobile sources, motor vehicle, nonroad engine, nonroad vehicle, open burning, particulate matter, PM10, PM2.5, process source, May 28, 2004 Final Rule for OMB Review 105 reference method, refuse, residual fuel oil, solid fuel, stack, standard conditions, stationary source,

uncombined water, used oil, wood, wood fired boiler, and woodwaste burner.

§ 49.126 Rule for limiting fugitive particulate matter emissions.

( a) What is the purpose of this section? This section limits the amount of fugitive particulate matter that may be emitted from certain air pollution sources operating within the Indian reservation to control ground level concentrations of particulate matter.

( b) Who is affected by this section? This section applies to any person who owns or operates a source of fugitive particulate matter emissions.

( c) What is exempted from this section? This section does not apply to open burning,

agricultural activities, forestry and silvicultural activities, sweat houses or lodges, non commercial smoke houses, public roads owned or maintained by any Federal, Tribal, State, or local government, or activities associated with single family residences or residential buildings with four or fewer dwelling units.

( d) What are the requirements for sources of fugitive particulate matter emissions?

( 1) The owner or operator of any source of fugitive particulate matter emissions, including any source or activity engaged in materials handling or storage, construction, demolition, or any other operation that is or may be a source of fugitive particulate matter emissions, must take all reasonable precautions to prevent fugitive particulate matter emissions and must maintain and operate the source to minimize fugitive particulate matter emissions.

( 2) Reasonable precautions include, but are not limited to the following: May 28, 2004 Final Rule for OMB Review 106 ( i) Use, where possible, of water or chemicals for control of dust in the demolition of buildings or structures, construction operations, grading of roads, or clearing of land.

( ii) Application of asphalt, oil ( but not used oil), water, or other suitable chemicals on unpaved roads, materials stockpiles, and other surfaces that can create airborne dust.

( iii) Full or partial enclosure of materials stockpiles in cases where application of oil, water,

or chemicals is not sufficient or appropriate to prevent particulate matter from becoming airborne.

( iv) Implementation of good housekeeping practices to avoid or minimize the accumulation of dusty materials that have the potential to become airborne, and the prompt cleanup of spilled or accumulated materials.

( v) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials.

( vi) Adequate containment during sandblasting or other similar operations.

( vii) Covering, at all times when in motion, open bodied trucks transporting materials likely to become airborne.

( viii) The prompt removal from paved streets of earth or other material that does or may become airborne.

( e) Are there additional requirements that must be met?

( 1) A person subject to this section must:

( i) Annually survey the air pollution source( s) during typical operating conditions and meteorological conditions conducive to producing fugitive dust to determine the sources of fugitive particulate matter emissions. For new sources or new operations, a survey must be conducted within 30 days after commencing operation. Document the results of the survey, May 28, 2004 Final Rule for OMB Review 107 including the date and time of the survey and identification of any sources of fugitive particulate matter emissions found.

( ii) If sources of fugitive particulate matter emissions are present, determine the reasonable precautions that will be taken to prevent fugitive particulate matter emissions.

( iii) Prepare, and update as necessary following each survey, a written plan that specifies the reasonable precautions that will be taken and the procedures to be followed to prevent fugitive particulate matter emissions, including appropriate monitoring and recordkeeping. For construction or demolition activities, a written plan must be prepared prior to commencing construction or demolition.

( iv) Implement the written plan, and maintain and operate the source to minimize fugitive particulate matter emissions.

( v) Maintain records for five years that document the surveys and the reasonable precautions that were taken to prevent fugitive particulate matter emissions.

( 2) The Regional Administrator may require specific actions to prevent fugitive particulate matter emissions, or impose conditions to maintain and operate the air pollution source to minimize fugitive particulate matter emissions, in a permit to construct or a permit to operate for the source.

( 3) Efforts to comply with this section cannot be used as a reason for not complying with other applicable laws and ordinances.

( f) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Agricultural activities, air pollutant, air pollution source, ambient air, emission, forestry or silvicultural activities, fugitive dust, fugitive particulate May 28, 2004 Final Rule for OMB Review 108 matter, owner or operator, particulate matter, permit to construct, permit to operate, PM10,

PM2.5, Regional Administrator, source, stack, and uncombined water.

§ 49.127 Rule for woodwaste burners.

( a) What is the purpose of this section? This section phases out the operation of woodwaste burners ( commonly known as wigwam or teepee burners), and in the interim, limits the visible emissions from woodwaste burners within the Indian reservation to control emissions of particulate matter to the atmosphere and ground level concentrations of particulate matter.

( b) Who is affected by this section? This section applies to any person who owns or operates a woodwaste burner.

( c) What are the requirements for woodwaste burners?

( 1) Except as provided by paragraph ( c)( 3) of this section, the owner or operator of a woodwaste burner must shut down and dismantle the woodwaste burner by no later than two years after the effective date of this section. The requirement for dismantling applies to all woodwaste burners regardless of whether or not the woodwaste burners are currently operational.

Until the woodwaste burner is shut down, visible emissions from the woodwaste burner must not exceed 20% opacity, averaged over any consecutive six minute period.

( 2) Until the woodwaste burner is shut down, only wood waste generated on site may be burned or disposed of in the woodwaste burner.

( 3) If there is no reasonably available alternative method of disposal for the wood waste other than by burning it on site in a woodwaste burner, the owner or operator of the woodwaste burner that is in compliance with the opacity limit in paragraph ( c)( 1) of this section, may apply to the May 28, 2004 Final Rule for OMB Review 109 Regional Administrator for an extension of the two year deadline. If the Regional Administrator finds that there is no reasonably available alternative method of disposal, then a two year extension of the deadline may be granted. There is no limit to the number of extensions that may be granted by the Regional Administrator.

( d) What is the reference method for determining compliance with the opacity limit?

( 1) The reference method for determining compliance with the opacity limit is EPA Method 9. A complete description of this method is found in 40 CFR part 60, appendix A.

( e) Are there additional requirements that must be met? A person subject to this section must submit a plan to shut down and dismantle the woodwaste burner to the Regional Administrator within 180 days after the effective date of this section. Unless an extension has been granted by the Regional Administrator, the woodwaste burner must be shut down and dismantled within two years after the effective date of this section. The owner or operator of the woodwaste burner must notify the Regional Administrator that the woodwaste burner has been shut down and dismantled within 30 days after completion.

( f) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Air pollutant, ambient air, emission, opacity, owner or operator, particulate matter, PM10, PM2.5, reference method, Regional Administrator,

stationary source, uncombined water, visible emissions, wood, and woodwaste burner.

§ 49.128 Rule for limiting particulate matter emissions from wood products industry sources. May 28, 2004 Final Rule for OMB Review 110 ( a) What is the purpose of this section? This section limits the amount of particulate matter that may be emitted from certain wood products industry sources operating within the Indian reservation to control ground level concentrations of particulate matter.

( b) Who is affected by this section? This section applies to any person who owns or operates any of the following wood products industry sources:

( 1) Veneer manufacturing operations;

( 2) Plywood manufacturing operations;

( 3) Particleboard manufacturing operations; and ( 4) Hardboard manufacturing operations.

( c) What are the PM10 emission limits for wood products industry sources? These PM10 limits are in addition to, and not in lieu of, the particulate matter limits for combustion sources and process sources.

( 1) Veneer dryers at veneer manufacturing operations and plywood manufacturing operations.

( i) PM10 emissions from direct natural gas fired or direct propane fired veneer dryers must not exceed 0.3 pounds per 1000 square feet of veneer dried ( 3/ 8 inch basis), one hour average.

( ii) PM10 emissions from steam heated veneer dryers must not exceed 0.3 pounds per 1000 square feet of veneer dried ( 3/ 8 inch basis), one hour average.

( iii) PM10 emissions from wood fired veneer dryers must not exceed a total of 0.3 pounds per 1000 square feet of veneer dried ( 3/ 8 inch basis) and 0.2 pounds per 1000 pounds of steam generated in boilers, prorated for the amount of combustion gases routed to the veneer dryer,

one hour average. May 28, 2004 Final Rule for OMB Review 111 ( 2) Wood particle dryers at particleboard manufacturing operation. PM10 emissions from wood particle dryers must not exceed a total of 0.4 pounds per 1000 square feet of board produced by the plant ( 3/ 4 inch basis), one hour average.

( 3) Press/ cooling vents at hardboard manufacturing operations. PM10 emissions from hardboard press/ cooling vents must not exceed 0.3 pounds per 1000 square feet of hardboard produced ( 1/ 8 inch basis), one hour average.

( 4) Tempering ovens at hardboard manufacturing operations. A person must not operate any hardboard tempering oven unless all gases and vapors are collected and treated in a fume incinerator capable of raising the temperature of the gases and vapors to at least 1500 degrees Fahrenheit for 0.3 seconds or longer.

( d) What is the reference method for determining compliance? The reference method for determining compliance with the PM10 limits is EPA Method 202 in conjunction with Method 201A. A complete description of these methods is found in appendix M of 40 CFR part 51.

( e) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Act, combustion source, emissions, hardboard,

particleboard, particulate matter, plywood, PM10, PM2.5, press/ cooling vent, process source,

tempering oven, veneer, veneer dryer, wood, and wood fired veneer dryer.

§ 49.129 Rule for limiting emissions of sulfur dioxide.

( a) What is the purpose of this section? This section limits the amount of sulfur dioxide ( SO 2) that may be emitted from certain air pollution sources operating within the Indian reservation to control ground level concentrations of SO 2. May 28, 2004 Final Rule for OMB Review 112 ( b) Who is affected by this section? This section applies to any person who owns or operates an air pollution source that emits, or could emit, SO 2 to the atmosphere.

( c) What is exempted from this section? This section does not apply to furnaces and boilers used exclusively for space heating with a rated heat input capacity of less than 400,000 British thermal units ( Btu) per hour, and mobile sources.

( d) What are the sulfur dioxide limits for sources?

( 1) Sulfur dioxide emissions from a combustion source stack must not exceed an average of 500 parts per million by volume, on a dry basis and corrected to seven percent oxygen, during any three hour period.

( 2) Sulfur dioxide emissions from a process source stack, or any other stack not subject to ( d)( 1) of this section, must not exceed an average of 500 parts per million by volume, on a dry basis, during any three hour period.

( e) What are the reference methods for determining compliance?

( 1) The reference methods for determining compliance with the SO 2 limits are EPA Methods 6, 6A, 6B, and 6C as specified in the applicability section of each method. A complete description of these methods is found in appendix A of 40 CFR part 60.

( 2) An alternative reference method is a continuous emissions monitoring system ( CEMS)

that complies with Performance Specification 2 found in appendix B of 40 CFR part 60.

( f) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Act, air pollutant, air pollution source, ambient air,

British thermal unit ( Btu), coal, combustion source, continuous emissions monitoring system ( CEMS), distillate fuel oil, emission, fuel, fuel oil, gaseous fuel, heat input, incinerator, marine May 28, 2004 Final Rule for OMB Review 113 vessel, mobile sources, motor vehicle, nonroad engine, nonroad vehicle, open burning, process source, reference method, refuse, residual fuel oil, solid fuel, stack, standard conditions, stationary source, used oil, wood, and woodwaste burner.

§ 49.130 Rule for limiting sulfur in fuels.

( a) What is the purpose of this section? This section limits the amount of sulfur contained in fuels that are burned at stationary sources within the Indian reservation to control emissions of sulfur dioxide ( SO 2) to the atmosphere and ground level concentrations of SO 2.

( b) Who is affected by this section? This section applies to any person who sells, distributes,

uses, or makes available for use, any fuel oil, coal, solid fuel, liquid fuel, or gaseous fuel within the Indian reservation.

( c) What is exempted from this section? This section does not apply to gasoline and diesel fuel, such as automotive and marine diesel, regulated under 40 CFR part 80.

( d) What are the sulfur limits for fuels? A person must not sell, distribute, use, or make available for use any fuel oil, coal, solid fuel, liquid fuel, or gaseous fuel that contains more than the following amounts of sulfur:

( 1) For distillate fuel oil, 0.3 percent by weight for ASTM Grade 1 fuel oil;

( 2) For distillate fuel oil, 0.5 percent by weight for ASTM Grade 2 fuel oil;

( 3) For residual fuel oil, 1.75 percent sulfur by weight for ASTM Grades 4, 5, or 6 fuel oil;

( 4) For used oil, 2.0 percent sulfur by weight;

( 5) For any liquid fuel not listed in paragraphs ( d)( 1) through ( d)( 4) of this section, 2.0 percent sulfur by weight; May 28, 2004 Final Rule for OMB Review 114 ( 6) For coal, 1.0 percent sulfur by weight;

( 7) For solid fuels, 2.0 percent sulfur by weight;

( 8) For gaseous fuels, 1.1 grams of sulfur per dry standard cubic meter of gaseous fuel ( 400 parts per million at standard conditions).

( e) What are the reference methods for determining compliance? The reference methods for determining the amount of sulfur in a fuel are as follows:

( 1) Sulfur content in fuel oil or liquid fuels: ASTM methods D2880 03, D4294 03, and D6021 96( 2001) e1;

( 2) Sulfur content in coal: ASTM methods D3177 02, D4239 02a, and D2492 02;

( 3) Sulfur content in solid fuels: ASTM method E775 87( 2004);

( 4) Sulfur content in gaseous fuels: ASTM methods D1072 90( 1999), D3246 96, D4084

94( 1999), D5504 01, D4468 85( 2000), D2622 03, and D6228 98( 2003).

( f) Are there additional requirements that must be met?

( 1) A person subject to this section must:

( i) For fuel oils and liquid fuels, obtain, record, and keep records of the percent sulfur by weight from the vendor for each purchase of fuel. If the vendor is unable to provide this information, then obtain a representative grab sample for each purchase and test the sample using the reference method.

( ii) For gaseous fuels, either obtain, record, and keep records of the sulfur content from the vendor, or continuously monitor the sulfur content of the fuel gas line using a method that meets the requirements of Performance Specification 5, 7, 9, or 15 ( as applicable for the sulfur compounds in the gaseous fuel) of appendix B and appendix F of 40 CFR part 60. If only May 28, 2004 Final Rule for OMB Review 115 purchased natural gas is used, then keep records showing that the gaseous fuel meets the definition of natural gas in 40 CFR 72.2.

( iii) For coal and solid fuels, either obtain, record, and keep records of the percent sulfur by weight from the vendor for each purchase of coal or solid fuel, or obtain a representative grab sample for each day of operation and test the sample using the reference method. If only wood is used, then keep records showing that only wood was used. The owner or operator of a coal or solid fuel fired source may apply to the Regional Administrator for a waiver of this provision or for approval of an alternative fuel sampling program.

( 2) Records of fuel purchases and fuel sulfur content must be kept for a period of five years from date of purchase and must be made available to the Regional Administrator upon request.

( 3) The owner or occupant of a single family residence, and the owner or manager of a residential building with four or fewer dwelling units, is not subject to the requirement to obtain and record the percent sulfur content from the vendor if the fuel used in an oil, coal, or gas furnace is purchased from a licensed fuel distributor.

( g) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Act, air pollutant, ambient air, coal, distillate fuel oil, emission, fuel, fuel oil, gaseous fuel, marine vessel, mobile sources, motor vehicle, nonroad engine, nonroad vehicle, owner or operator, reference method, refuse, Regional Administrator,

residual fuel oil, solid fuel, source, standard conditions, stationary source, used oil, and wood.

§ 49.131 General rule for open burning. May 28, 2004 Final Rule for OMB Review 116 ( a) What is the purpose of this section? This section limits the types of materials that can be openly burned within the Indian reservation to control emissions of particulate matter and other noxious fumes to the atmosphere and ground level concentrations of particulate matter. It is EPA's goal to eliminate open burning disposal practices where alternative methods are feasible and practicable, to encourage the development of alternative disposal methods, to emphasize resource recovery, and to encourage utilization of the highest and best practicable burning methods to minimize emissions where other disposal practices are not feasible.

( b) Who is affected by this section? This section applies to any person who conducts open burning and to the owner of the property upon which open burning is conducted.

( c) What is exempted from this section? The following open fires are exempted from this section:

( 1) Outdoor fires set for cultural or traditional purposes;

( 2) Fires set for cultural or traditional purposes within structures such as sweat houses or lodges;

( 3) Except during a burn ban under paragraphs ( d)( 2) and ( d)( 3) of this section, fires set for recreational purposes provided that no prohibited materials are burned;

( 4) Except during a burn ban under paragraphs ( d)( 2) and ( d)( 3) of this section and with prior permission from the Regional Administrator, open outdoor fires used by qualified personnel to train firefighters in the methods of fire suppression and fire fighting techniques, provided that training fires are not allowed to smolder after the training session has terminated. Prior to igniting any structure, the fire protection service must ensure that the structure does not contain any asbestos or asbestos containing materials; batteries; stored chemicals such as pesticides, May 28, 2004 Final Rule for OMB Review 117 herbicides, fertilizers, paints, glues, sealers, tars, solvents, household cleaners, or photographic reagents; stored linoleum, plastics, rubber, tires, or insulated wire; or hazardous wastes. Before requesting permission from the Regional Administrator, the fire protection service must notify any appropriate Tribal air pollution authority and obtain any permissions or approvals required by the Tribe, and by any other governments with applicable laws and ordinances;

( 5) Except during a burn ban under paragraphs ( d)( 2) and ( d)( 3) of this section and with prior permission from the Regional Administrator, one open outdoor fire each year to dispose of fireworks and associated packaging materials. Before requesting permission from the Regional Administrator, the owner or operator must notify any appropriate Tribal air pollution authority and obtain any permissions or approvals required by the Tribe, and by any other governments with applicable laws and ordinances;

( 6) Except during a burn ban under paragraphs ( d)( 2) and ( d)( 3) of this section, open burning for the disposal of diseased animals or other material by order of a public health official.

( d) What are the requirements for open burning?

( 1) A person must not openly burn, or allow the open burning of, the following materials:

( i) Garbage;

( ii) Dead animals or parts of dead animals;

( iii) Junked motor vehicles or any materials resulting from a salvage operation;

( iv) Tires or rubber materials or products;

( v) Plastics, plastic products, or styrofoam;

( vi) Asphalt or composition roofing, or any other asphaltic material or product;

( vii) Tar, tarpaper, petroleum products, or paints; May 28, 2004 Final Rule for OMB Review 118 ( viii) Paper, paper products, or cardboard other than what is necessary to start a fire or that is generated at single family residences or residential buildings with four or fewer dwelling units and is burned at the residential site;

( ix) Lumber or timbers treated with preservatives;

( x) Construction debris or demolition waste;

( xi) Pesticides, herbicides, fertilizers, or other chemicals;

( xii) Insulated wire;

( xiii) Batteries;

( xiv) Light bulbs;

( xv) Materials containing mercury ( e. g., thermometers);

( xvi) Asbestos or asbestos containing materials;

( xvii) Pathogenic wastes;

( xviii) Hazardous wastes; or ( xix) Any material other than natural vegetation that normally emits dense smoke or noxious fumes when burned.

( 2) Except for exempted fires set for cultural or traditional purposes, all open burning is prohibited whenever the Regional Administrator declares a burn ban due to deteriorating air quality. A burn ban may be declared whenever the Regional Administrator determines that air quality levels have exceeded, or are expected to exceed, 75% of any national ambient air quality standard for particulate matter, and these levels are projected to continue or recur over at least the next 24 hours. May 28, 2004 Final Rule for OMB Review 119 ( 3) Except for exempted fires set for cultural or traditional purposes, all open burning is prohibited whenever the Regional Administrator issues an air stagnation advisory or declares an air pollution alert, air pollution warning, or air pollution emergency pursuant to § 49.137 Rule for air pollution episodes.

( 4) Nothing in this section exempts or excuses any person from complying with applicable laws and ordinances of local fire departments and other governmental jurisdictions.

( e) Are there additional requirements that must be met?

( 1) A person subject to this section must conduct open burning as follows:

( i) All materials to be openly burned must be kept as dry as possible through the use of a cover or dry storage;

( ii) Before igniting a burn, noncombustibles must be separated from the materials to be openly burned to the greatest extent practicable;

( iii) Natural or artificially induced draft must be present, including the use of blowers or air curtain incinerators where practicable;

( iv) To the greatest extent practicable, materials to be openly burned must be separated from the grass or peat layer; and ( v) A fire must not be allowed to smolder.

( 2) Except for exempted fires set for cultural or traditional purposes, a person must not initiate any open burning when:

( i) The Regional Administrator has declared a burn ban;

( ii) An air stagnation advisory has been issued or an air pollution alert, warning, or emergency has been declared by the Regional Administrator. May 28, 2004 Final Rule for OMB Review 120 ( 3) Except for exempted fires set for cultural or traditional purposes, any person conducting open burning when such an advisory is issued or declaration is made must either immediately extinguish the fire, or immediately withhold additional material such that the fire burns down.

( f) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Air pollutant, ambient air, emission, open burning,

particulate matter, PM10, PM2.5, Regional Administrator, stack, and uncombined water.

§ 49.132 Rule for general open burning permits.

( a) What is the purpose of this section? This section establishes a permitting program for open burning within the Indian reservation to control emissions of particulate matter and other noxious fumes to the atmosphere and ground level concentrations of particulate matter.

( b) Who is affected by this section? This section applies to any person who conducts open burning.

( c) What is exempted from this section? The following open fires are exempted from this section:

( 1) Outdoor fires set for cultural or traditional purposes;

( 2) Fires set for cultural or traditional purposes within structures such as sweat houses or lodges;

( 3) Fires set for recreational purposes, provided that no prohibited materials are burned;

( 4) Forestry and silvicultural burning; and ( 5) Agricultural burning.

( d) What are the requirements for open burning? May 28, 2004 Final Rule for OMB Review 121 ( 1) A person must apply for and obtain a permit for the open burn, have the permit available on site during the open burn, and conduct the open burning in accordance with the terms and conditions of the permit.

( 2) The date after which a person must apply for and obtain a permit under this section is identified in the implementation plan in subpart M of this part for the specific reservation where this section applies.

( 3) A person must comply with the § 49.131 General rule for open burning or the EPAapproved Tribal open burning rule, as applicable.

( 4) Nothing in this section exempts or excuses any person from complying with any applicable laws and ordinances of local fire departments or other governmental jurisdictions .

( e) Are there additional requirements that must be met?

( 1) A person subject to this section must submit an application to the Regional Administrator for each proposed open burn. An application must be submitted in writing at least one working day, and no earlier than five working days, prior to the requested date that the burn would be conducted, and must contain, at a minimum, the following information:

( i) Street address of the property upon that the proposed open burning will occur, or if there is no street address of the property, the legal description of the property.

( ii) Name, mailing address, and telephone number of the person who will be responsible for conducting the proposed open burning.

( iii) A plot plan showing the location of the proposed open burning in relation to the property lines and indicating the distances and directions of the nearest residential and commercial properties. May 28, 2004 Final Rule for OMB Review 122 ( iv) The type and quantity of materials proposed to be burned, including the estimated volume of material to be burned and the area over which burning will be conducted.

( v) A description of the measures that will be taken to prevent escaped burns, including but not limited to the availability of water.

( vi) The requested date when the proposed open burning would be conducted and the duration of the burn if it is more than one day.

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

( 2) If the proposed open burning is consistent with this section and § 49.131 General rule for open burning, or the EPA approved Tribal open burning rule, the Regional Administrator may issue a burn permit. The permit will authorize burning only for the requested date( s) and will include any conditions that the Regional Administrator determines are necessary to ensure compliance with this section, § 49.131 General rule for open burning or the EPA approved Tribal open burning rule, and to protect the public health and welfare.

( 3) When reviewing an application, the Regional Administrator will take into consideration relevant factors including, but not limited to, the size, duration, and location of the proposed open burn, the current and projected air quality conditions, the forecasted meteorological conditions,

and other scheduled burning activities in the surrounding area. Where the Regional Administrator determines that the proposed open burning can be conducted without causing an adverse impact on air quality, a permit may be issued.

( 4) The Regional Administrator, to the extent practical, will coordinate the issuance of open burning permits with the open burning permit programs of surrounding jurisdictions. May 28, 2004 Final Rule for OMB Review 123 ( f) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Agricultural burning, air pollutant, ambient air,

emission, forestry or silvicultural burning, open burning, particulate matter, PM10, PM2.5,

Regional Administrator, stack, and uncombined water.

§ 49.133 Rule for agricultural burning permits.

( a) What is the purpose of this section? This section establishes a permitting program for agricultural burning within the Indian reservation to control emissions of particulate matter and other noxious fumes to the atmosphere and ground level concentrations of particulate matter.

( b) Who is affected by this section? This section applies to any person who conducts agricultural burning.

( c) What are the requirements for agricultural burning?

( 1) A person must apply for a permit to conduct an agricultural burn, obtain approval of the permit on the day of the burn, have the permit available onsite during the burn, and conduct the burn in accordance with the terms and conditions of the permit.

( 2) The date after which a person must apply for and obtain approval of a permit under this section is identified in the implementation plan in subpart M of this part for the specific reservation where this section applies.

( 3) A person must comply with § 49.131 General rule for open burning or the EPAapproved Tribal open burning rule, as applicable.

( 4) Nothing in this section exempts or excuses any person from complying with any applicable laws and ordinances of local fire departments or other governmental jurisdictions. May 28, 2004 Final Rule for OMB Review 124 ( d) Are there additional requirements that must be met?

( 1) A person subject to this section must submit an application to the Regional Administrator for each proposed agricultural burn. An application must contain, at a minimum, the following information:

( i) Street address of the property upon which the proposed agricultural burning will occur or,

if there is no street address of the property, the legal description of the property.

( ii) Name, mailing address, and telephone number of the applicant and the person who will be responsible for conducting the proposed agricultural burning.

( iii) A plot plan showing the location of each proposed agricultural burning area in relation to the property lines and indicating the distances and directions of the nearest residential, public,

and commercial properties, roads, and other areas that could be impacted by the burning.

( iv) The type and quantity of agricultural wastes proposed to be burned, including the estimated weight of material to be burned and the area over which burning will be conducted.

( v) A description of the burning method( s) to be used ( pile or stack burn, open field or broadcast burn, windrow burn, mobile field sanitizer, etc.) and the amount of material to be burned with each method.

( vi) A description of the measures that will be taken to prevent escaped burns, including but not limited to the availability of water and plowed firebreaks.

( vii) The requested date( s) when the proposed agricultural burning would be conducted.

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

( 2) If the proposed agricultural burning is consistent with this section and § 49.131 General rule for open burning, or the EPA approved Tribal open burning rule, the Regional May 28, 2004 Final Rule for OMB Review 125 Administrator may approve the agricultural burning permit and authorize burning on the day burning is to be conducted after taking into consideration relevant factors including, but not limited to:

( i) The size, duration, and location of the proposed burn, the current and projected air quality conditions, the forecasted meteorological conditions, and other scheduled burning activities in the surrounding area; and ( ii) Other factors indicating whether or not the proposed agricultural burning can be conducted without causing an adverse impact on air quality.

( 3) The Regional Administrator, to the extent practical, will consult with and coordinate approvals to burn with the open burning programs of surrounding jurisdictions.

( e) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Agricultural burning or agricultural burn, air pollutant, ambient air, emission, open burning, particulate matter, PM10, PM2.5, Regional Administrator, stack, and uncombined water.

§ 49.134 Rule for forestry and silvicultural burning permits.

( a) What is the purpose of this section? This section establishes a permitting program for forestry and silvicultural burning within the Indian reservation to control emissions of particulate matter and other noxious fumes to the atmosphere and ground level concentrations of particulate matter.

( b) Who is affected by this section? This section applies to any person who conducts forestry or silvicultural burning. May 28, 2004 Final Rule for OMB Review 126 ( c) What are the requirements for forestry and silvicultural burning?

( 1) A person must apply for a permit to conduct a forestry or silvicultural burn, obtain approval of the permit on the day of the burn, have the permit available on site during the burn,

and conduct the burn in accordance with the terms and conditions of the permit.

( 2) The date after which a person must apply for and obtain approval of a permit under this section is identified in the implementation plan in subpart M of this part for the specific reservation where this section applies.

( 3) A person must comply with § 49.131 General rule for open burning or the EPAapproved Tribal open burning rule, as applicable.

( 4) Nothing in this section exempts or excuses any person from complying with any applicable laws and ordinances of local fire departments or other governmental jurisdictions.

( d) Are there additional requirements that must be met?

( 1) A person subject to this section must submit an application to the Regional Administrator for each proposed forestry or silvicultural burn. An application must contain, at a minimum, the following information:

( i) Street address of the property upon which the proposed forestry or silvicultural burning will occur or, if there is no street address of the property, the legal description of the property.

( ii) Name, mailing address, and telephone number of the person who will be responsible for conducting the proposed forestry or silvicultural burning.

( iii) A plot plan showing the location of the proposed forestry or silvicultural burning in relation to the property lines and indicating the distances and directions of the nearest residential,

public, and commercial properties, roads, and other areas that could be affected by the burning. May 28, 2004 Final Rule for OMB Review 127 ( iv) The type and quantity of forestry or silvicultural residues proposed to be burned,

including the estimated weight of material to be burned and the area over which burning will be conducted.

( v) A description of the burning method( s) to be used ( pile burn, broadcast burn, windrow burn, understory burn, etc.) and the amount of material to be burned with each method.

( vi) A description of the measures that will be taken to prevent escaped burns, including but not limited to the availability of water and firebreaks.

( vii) The requested date( s) that the proposed forestry or silvicultural burning would be conducted.

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

( 2) If the proposed forestry or silvicultural burning is consistent with this section and § 49.131 General rule for open burning, or the EPA approved Tribal open burning rule, the Regional Administrator may approve the forestry or silvicultural burning permit and authorize burning on the day burning is to be conducted after taking into consideration relevant factors including, but not limited to:

( i) The size, duration, and location of the proposed burn, the current and projected air quality conditions, the forecasted meteorological conditions, and other scheduled burning activities in the surrounding area; and ( ii) Other factors indicating whether or not the proposed forestry or silvicultural burning can be conducted without causing an adverse impact on air quality.

( 3) The Regional Administrator, to the extent practical, will consult with and coordinate approvals to burn with the open burning programs of surrounding jurisdictions. May 28, 2004 Final Rule for OMB Review 128 ( e) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Air pollutant, ambient air, emission, forestry or silvicultural burning, open burning, particulate matter, PM10, PM2.5, Regional Administrator,

stack, and uncombined water.

§ 49.135 Rule for emissions detrimental to human health or welfare.

( a) What is the purpose of this section? This section is intended to prevent the emission of air pollutants from any air pollution source operating within the Indian reservation from being detrimental to human health or welfare.

( b) Who is affected by this section? This section applies to any person who owns or operates an air pollution source.

( c) What are the requirements for air pollution sources?

( 1) A person must not cause or allow the emission of any air pollutants from an air pollution source, in sufficient quantities and of such characteristic and duration, that the Regional Administrator determines:

( i) Causes or contributes to a violation of any national ambient air quality standard; or ( ii) Is, or would likely be, injurious to human health or welfare.

( 2) If the Regional Administrator makes either of the determinations in paragraph ( c)( 1) of this section, then the Regional Administrator may require the owner or operator of the source to install air pollution controls and/ or to take reasonable precautions to reduce or prevent the emissions. If the Regional Administrator determines that the installation of air pollution controls and/ or reasonable precautions are necessary, then the Regional Administrator will require the May 28, 2004 Final Rule for OMB Review 129 owner or operator to obtain a permit to construct or permit to operate for the source. The specific requirements will be established in the required permit to construct or permit to operate.

( 3) Nothing in this section affects the ability of the Regional Administrator to issue an order pursuant to section 303 of the Act to require an owner or operator to immediately reduce or cease the emission of air pollutants.

( 4) Nothing in this section shall be construed to impair any cause of action or legal remedy of any person, or the public, for injury or damages arising from the emission of any air pollutant in such place, manner, or amount as to constitute a common law nuisance.

( d) What does someone subject to this section need to do? A person subject to this section must comply with the terms and conditions of any permit to construct, permit to operate, or order issued by the Regional Administrator.

( e) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Air pollutant, air pollution source, ambient air,

emission, owner or operator, permit to construct, permit to operate, Regional Administrator,

source, and stationary source.

§ 49.136 Rule for emissions detrimental to persons, property, cultural or traditional resources ( Tribal Alternative Rule).

( a) What is the purpose of this section? This section is intended to prevent the emission of air pollutants from any air pollution source operating within the Indian reservation from being detrimental to persons, property, or cultural or traditional resources. May 28, 2004 Final Rule for OMB Review 130 ( b) Who is affected by this section? This section applies to any person who owns or operates an air pollution source.

( c) What are the requirements for air pollution sources?

( 1) A person must not cause or allow the emission of any air pollutants from an air pollution source, in sufficient quantities and of such characteristic and duration, that the Regional Administrator determines:

( i) Causes or contributes to a violation of any national ambient air quality standard;

( ii) Is, or would likely be, injurious to human health or welfare, animal or plant life, or property;

( iii) Unreasonably interferes with the enjoyment of life or property; or ( iv) Is, or would likely be, damaging to unique Tribal cultural or traditional resources.

( 2) If the Regional Administrator makes any of the determinations in paragraph ( c)( 1) of this section, then the Regional Administrator may require the owner or operator of the source to install air pollution controls and/ or to take reasonable precautions to reduce or prevent the emissions. If the Regional Administrator determines that the installation of air pollution controls and/ or reasonable precautions are necessary, then the Regional Administrator will require the owner or operator to obtain a permit to construct or permit to operate for the source. The specific requirements will be established in the required permit to construct or permit to operate.

( 3) Nothing in this section affects the ability of the Regional Administrator to issue an order pursuant to section 303 of the Act to require an owner or operator to immediately reduce or cease the emission of air pollutants. May 28, 2004 Final Rule for OMB Review 131 ( 4) Nothing in this section shall be construed to impair any cause of action or legal remedy of any person, or the public, for injury or damages arising from the emission of any air pollutant in such place, manner, or amount as to constitute a common law nuisance.

( d) What does someone subject to this section need to do? A person subject to this section must comply with the terms and conditions of any permit to construct, permit to operate, or order issued by the Regional Administrator.

( e) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Air pollutant, air pollution source, ambient air,

emission, owner or operator, permit to construct, permit to operate, Regional Administrator,

source, and stationary source.

§ 49.137 Rule for air pollution episodes.

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

( b) Who is affected by this section? This section applies to the Regional Administrator and any person who owns or operates an air pollution source within the Indian reservation.

( c) What are the requirements of this section?

( 1) Air pollution action level triggers. Conditions justifying the declaration of an air pollution alert, air pollution warning, or air pollution emergency exist whenever the Regional Administrator determines that the accumulation of air pollutants in any place is approaching, or May 28, 2004 Final Rule for OMB Review 132 has reached, levels that could lead to a threat to human health. The following criteria will be used for making these determinations:

( i) Air stagnation advisory. An air stagnation advisory may be issued by the Regional Administrator whenever meteorological conditions over a large area are conducive to the buildup of air pollutants.

( ii) Air pollution alert. An air pollution alert may be declared by the Regional Administrator when any one of the following levels is reached, or is projected to be reached, at any monitoring site and the meteorological conditions are such that the level is expected to continue or reoccur over the next 24 hours.

( A) Particulate matter ( PM10): 350 micrograms per cubic meter, 24 hour average;

( B) Carbon monoxide ( CO): 17 milligrams per cubic meter ( 15 ppm), 8 hour average;

( C) Sulfur dioxide ( SO 2): 800 micrograms per cubic meter ( 0.3 ppm), 24 hour average;

( D) Ozone ( O 3): 400 micrograms per cubic meter ( 0.2 ppm), 1 hour average;

( E) Nitrogen dioxide ( NO 2): 1,130 micrograms per cubic meter ( 0.6 ppm), 1 hour average;

and 282 micrograms per cubic meter ( 0.15 ppm), 24 hour average.

( iii) Air pollution warning. An air pollution warning may be declared by the Regional Administrator when any one of the following levels is reached, or is projected to be reached, at any monitoring site and the meteorological conditions are such that the level is expected to continue or reoccur over the next 24 hours.

( A) Particulate matter ( PM10): 420 micrograms per cubic meter, 24 hour average;

( B) Carbon monoxide ( CO): 34 milligrams per cubic meter ( 30 ppm), 8 hour average;

( C) Sulfur dioxide ( SO 2): 1,600 micrograms per cubic meter ( 0.6 ppm), 24 hour average; May 28, 2004 Final Rule for OMB Review 133 ( D) Ozone ( O 3): 800 micrograms per cubic meter ( 0.4 ppm), 1 hour average;

( E) Nitrogen dioxide ( NO 2): 2,260 micrograms per cubic meter ( 1.2 ppm), 1 hour average;

and 565 micrograms per cubic meter ( 0.3 ppm), 24 hour average.

( iv) Air pollution emergency. An air pollution emergency may be declared by the Regional Administrator when any one of the following levels is reached, or is projected to be reached, at any monitoring site and the meteorological conditions are such that the level is expected to continue or reoccur over the next 24 hours.

( A) Particulate matter ( PM10): 500 micrograms per cubic meter, 24 hour average;

( B) Carbon monoxide ( CO): 46 milligrams per cubic meter ( 40 ppm), 8 hour average;

( C) Sulfur dioxide ( SO 2): 2,100 micrograms per cubic meter ( 0.8 ppm), 24 hour average;

( D) Ozone ( O 3): 1,000 micrograms per cubic meter ( 0.5 ppm), 1 hour average;

( E) Nitrogen dioxide ( NO 2): 3,000 micrograms per cubic meter ( 1.6 ppm), 1 hour average;

and 750 micrograms per cubic meter ( 0.4 ppm), 24 hour average.

( v) Termination. Once declared, an air pollution alert, warning, or emergency will remain in effect until the Regional Administrator makes a new determination and declares a new level.

( 2) Announcements by the Regional Administrator. The Regional Administrator will request that announcement of an air stagnation advisory, air pollution alert, air pollution warning, or air pollution emergency be broadcast on local television and radio stations in the affected area and posted on their websites. Announcements will also be posted on the EPA Region 10 website and,

where possible, on the websites of Tribes within the affected area. These announcements will indicate that air pollution levels exist that could potentially be harmful to human health and indicate actions that people can take to reduce exposure. The announcements will also request May 28, 2004 Final Rule for OMB Review 134 voluntary actions to reduce emissions from sources of air pollutants as well as indicate that a ban on open burning is in effect.

( 3) Voluntary curtailment of emissions by sources. Whenever the Regional Administrator declares an air stagnation advisory, air pollution alert, air pollution warning, or air pollution emergency, sources of air pollutants will be requested to take voluntary actions to reduce emissions. People should refrain from using their wood stoves and fireplaces unless they are their sole source of heat. People should reduce their use of motor vehicles to the extent possible.

Industrial sources should curtail operations or switch to a cleaner fuel if possible.

( 4) Mandatory curtailment of emissions by order of the Regional Administrator.

( i) Except for exempted fires set for cultural or traditional purposes, all open burning is prohibited whenever the Regional Administrator issues an air stagnation advisory or declares an air pollution alert, air pollution warning, or air pollution emergency. Except for exempted fires set for cultural or traditional purposes, all open burning is prohibited when a burn ban is declared pursuant to § 49.131 General rule for open burning or the EPA approved Tribal open burning rule.

( ii) Except for exempted fires set for cultural or traditional purposes, any person conducting open burning when such an advisory is issued or declaration is made must either immediately extinguish the fire, or immediately withhold additional material such that the fire burns down.

( iii) During an air pollution warning or air pollution emergency, the Regional Administrator may issue an order to any air pollution source requiring such source to curtail or eliminate the emissions. May 28, 2004 Final Rule for OMB Review 135 ( d) Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Air pollutant, air pollution source, ambient air,

emission, fuel, motor vehicle, open burning, Regional Administrator, and source.

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

( a) What is the purpose of this section? This section allows the Regional Administrator to develop and maintain a current and accurate record of air pollution sources and their emissions within the Indian reservation.

( b) Who is affected by this section? This section applies to any person who owns or operates a part 71 source or an air pollution source that is subject to a standard established under section 111 or section 112 of the Federal Clean Air Act. This section also applies to any person who owns or operates any other air pollution source except those exempted in paragraph ( c) of this section.

( c) What is exempted from this section? As provided in paragraph ( b) of this section, this section does not apply to the following air pollution sources:

( 1) Air pollution sources that do not have the potential to emit more than two tons per year of any air pollutant;

( 2) Mobile sources;

( 3) Single family residences, and residential buildings with four or fewer dwelling units;

( 4) Air conditioning units used for human comfort that do not exhaust air pollutants into the atmosphere from any manufacturing or industrial process; May 28, 2004 Final Rule for OMB Review 136 ( 5) Ventilating units used for human comfort that do not exhaust air pollutants into the atmosphere from any manufacturing or industrial process;

( 6) Furnaces and boilers used exclusively for space heating with a rated heat input capacity of less than 400,000 British thermal units ( Btu) per hour;

( 7) Cooking of food, except for wholesale businesses that both cook and sell cooked food;

( 8) Consumer use of office equipment and products;

( 9) Janitorial services and consumer use of janitorial products;

( 10) Maintenance and repair activities, except for air pollution sources engaged in the business of maintaining and repairing equipment;

( 11) Agricultural activities and forestry and silvicultural activities, including agricultural burning and forestry and silvicultural burning; and ( 12) Open burning.

( d) What are the requirements of this section? Any person who owns or operates an air pollution source subject to this section, except for part 71 sources, must register the source with the Regional Administrator and submit reports as specified in paragraph ( e) of this section. Any person who owns or operates a part 71 source must submit reports as specified in paragraph ( f) of this section. All registration information and reports must be submitted on forms provided by the Regional Administrator.

( e) Are there additional requirements that must be met? Any person who owns or operates an air pollution source subject to this section, except for part 71 sources, must register an air pollution source and submit reports as follows: May 28, 2004 Final Rule for OMB Review 137 ( 1) Initial registration. The owner or operator of an air pollution source that exists on the effective date of this section must register the air pollution source with the Regional Administrator by no later than February 15, 2007. The owner or operator of a new air pollution source must register with the Regional Administrator within 90 days after beginning operation.

Submitting an initial registration does not relieve the owner or operator from the requirement to obtain a permit to construct if the new air pollution source would be a new source or modification subject to any Federal or Tribal permit to construct rule.

( 2) Annual registration. After initial registration, the owner or operator of an air pollution source must re register with the Regional Administrator by February 15 of each year. The annual registration must include all of the information required in the initial registration and must be updated to reflect any changes since the previous registration. For information that has not changed since the previous registration, the owner or operator may reaffirm in writing that the information previously furnished to the Regional Administrator is still correct.

( 3) Information to include in initial registration and annual registration. Each initial registration and annual registration must include the following information if it applies:

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

( ii) Street address, telephone number, and facsimile number of the air pollution source.

( iii) Name, mailing address, and telephone number of the owner or operator.

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

( v) Name and mailing address of the individual authorized to receive requests for data and information. May 28, 2004 Final Rule for OMB Review 138 ( vi) A description of the production processes, air pollution control equipment, and a related flow chart.

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