1 SUPPORTING STATEMENT Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon and Washington EPA ICR # 2020.02 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection Federal Implementation Plans ( FIPs) Under the Clean Air Act for Indian Reservations in Idaho, Oregon and Washington ICR 2020.02 1( b) Short Characterization/ Abstract The U. S. Environmental Protection Agency ( EPA) is promulgating Federal Implementation Plans ( FIPs) under the Clean Air Act ( CAA) for Indian reservations located in Idaho, Oregon and Washington. The FIPs include basic air quality regulations for the protection of communities in and adjacent to Indian reservations. These rules will be implemented by EPA until replaced by Tribal Implementation Plans ( TIPs). An Information Collection Request ( ICR) entitled " Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon and Washington," presents burden estimates for respondents to comply with various FIP provisions required by 40 CFR Part 49, Subpart M Implementation Plans for Tribes  Region 10.

1( c) Background The sources on Indian reservations to be governed by these Federal air quality rules have already been regulated in a similar way by State and local agencies who have established commensurate requirements under State law.

Prior to 1990, the CAA was almost completely without any reference to American Indian Tribes or Indian reservation lands. The only exception to this was a mention in the Prevention of Significant Deterioration ( PSD) provisions, inserted in the 1977 Amendments, enabling Tribes to designate reservations, or portions thereof, for PSD purposes. Although EPA had direct implementation responsibilities for authorities not implemented by approved State and local authorities ( S/ L), the national Federal programs established by EPA, such as PSD, New Source Performance Standards ( NSPS) and National Emission Standards for Hazardous Air Pollutants ( NESHAPs), have not included the operating or permitting requirements to regulate numerous existing sources, unless they emit above threshold quantities of pollutants. 2 Generally, the CAA establishes requirements for S/ Ls to implement the CAA through State Implementation Plans ( SIPs). EPA's national requirements to address National Ambient Air Quality Standards ( NAAQS) have not been promulgated in the detail or specificity found in SIPs. The CAA contained no language regarding Tribal jurisdiction on reservation lands until 1990. Therefore, the S/ Ls have generally implemented their programs throughout their designated land area, including reservation lands. Hence industries on reservations were historically regulated by S/ Ls as though they were subject to the S/ L jurisdiction and they made efforts to comply with the S/ L rules. Although EPA has not approved SIPs as extending into Indian reservations under the CAA, the S/ L authorities have administered their programs pursuant to State law. This situation of State only regulation without CAA jurisdiction was a consequence of the CAA silence regarding Tribes and the lack of any EPA regulatory requirement.

In most cases, sources located on Indian reservations have complied with S/ L rules, and most industrial sources installed or upgraded air pollution control equipment. The compliance with S/ L requirements can be attributed to the fact that most States believe their authority is not limited on reservations, and many of the sources are owned or operated by non Indians who believe they are subject to State law. Because sources on reservations believed that they were subject to S/ L rules, these sources installed pollution controls to comply with S/ L rules. EPA is not aware of any sources on Indian reservations of Idaho, Oregon or Washington who have defended S/ L enforcement actions by claiming the S/ L lacks authority on Indian reservations.

Even today, some S/ Ls in Idaho, Oregon and Washington persist in permitting and collecting fees from on reservation sources. This is true, even though, since the 1990 CAA amendments, EPA is clearly on record that, absent explicit Congressional authorization, the S/ L requirements approved by EPA under the CAA do not extend into Indian reservations.

The S/ L behaviors as well as those of industry are slowly changing. S/ Ls and industry on reservation land increasingly recognize Federal and Tribal jurisdiction, and EPA responsibility for air quality protection on Indian reservations. These rules will help to completely carry out this change so that Tribal jurisdiction and EPA responsibility are widely recognized and accepted throughout Idaho, Oregon and Washington Indian reservations. For example, until industrial operating standards are put in place, EPA has few " applicable" requirements that can be included in CAA Title V permits issued under 40 CFR part 71.

The net effect of the above discussion is that EPA expects most sources affected by the air rules already have sufficient control equipment to enable them to attain and maintain compliance with the rules.

The Technical Support Document developed for the rulemaking describes in detail the rules that apply in areas surrounding the affected reservations. 3 ICR Revisions for the Final Rule The ICR has been updated to reflect rule revisions, updated wage rates, and new information about the air pollution sources on the 39 affected Indian reservations. For the reasons described below, EPA did not consult with potential respondents regarding the burden and cost estimates; however, EPA plans on adjusting burden and cost estimates as appropriate when the ICR is renewed in three years based on public comments during the renewal process and on other new information gathered from experience in implementing the rule.

° The assumptions and estimates used for the proposal were fully described for the public in the Federal Register notice for the proposed rule and in the Economic Impact Analysis ( EIA) that was available in the docket. The proposed rule requested comment on a number of specific assumptions and also requested comments on the estimated costs and burdens. The Federal Register notice contained a specific section titled, " Costs Associated With These Rules and Request For Comment." 67 FR 11759. EPA received 155 written comments on the proposed rule during the comment period and 28 people provided oral testimony at the public hearing, including comments from industry, citizens, Tribal governments, and State and local agencies; however, no commenters provided specific information about the cost and burden estimates or assumptions included in the proposal. EPA believes that it is appropriate to assume that the cost and burden estimates are valid and appropriate and that commenters did not see the need to submit new information.

° The total estimated annual cost of the rules is only 132,278 over the first three years. The EIA for this rule estimates a slightly higher annual cost of $ 138,347 after the rules are fully implemented ( Sections 49.132, 49.133, 49.134, and 49.138 are phased in over multiple years), but the total estimated annual cost remains very low ( EPA, 2004). Therefore, these rules are not considered a " significant regulatory action" having an annual effect on the economy of $ 100 million or more. EPA does not believe that any new information will significantly change this total cost estimate for the rule. EPA estimates the average cost per affected facility to be approximately $ 900. As with any such estimate, it is possible that the actual burden and costs incurred by individual affected facilities could be either higher or lower than these estimates. However, based on the information available to EPA, it is very unlikely that any new cost and burden information collected from a small number of firms would differ from our current estimates substantially enough to change the qualitative conclusions regarding the magnitude of overall economic impacts, small business impacts, or cost of the rule.

Summary of the FIP Rules The rules are presented in categories, as follows: 4 Rules with no regulatory effect: Section 49.122. Partial delegation of administrative authority to a Tribe Section 49.123. General provisions Basic Rules  These rules will apply on all reservations in Idaho, Oregon and Washington.

Basic Rules for which an ICR has been prepared include: Section 49.124. Visible emissions Section 49.125. Particulate matter Section 49.126. Fugitive particulate matter Section 49.129. Sulfur dioxide Section 49.130. Sulfur content of fuels Section 49.131. Open burning Section 49.138. Registration of air pollution sources and reporting of emissions Section 49.139. Rule for non Title V operating permits Basic Rules for which an ICR was not prepared and rationale, include: Section 49.135. Emissions detrimental to human health or welfare Section 49.137. Air pollution episodes Additional Rules  These rules only apply for reservations located in Idaho, Oregon, and Washington where EPA, in consultation with the Tribes, has determined that they are appropriate.

Additional Rules for which an ICR has been prepared include: Section 49.127. Woodwaste burners Section 49.132. General open burning permits Section 49.133. Agricultural burning permits Section 49.134. Forestry and silvicultural burning permits Additional Rules for which an ICR was not prepared and rationale, include: Section 49.128. Particulate matter emissions from wood products industry sources Section 49.136. Emissions detrimental to persons, property, cultural or traditional resources Rules with No Regulatory Effect Section 49.122  Partial delegation of administrative authority to a Tribe. Section 49.122 establishes a process for EPA to delegate to a Tribal government the authority to assist EPA in administering one or more of the Federal rules that have been promulgated for the Tribe's reservation. This provision sets out the process a Tribe must follow to request a partial delegation, how that delegation will be accomplished, and how the public and regulated sources will be informed of the delegation. This provision allows EPA to delegate distinct and severable Federal regulations to a qualified Tribe for implementation, without requiring a Tribe to take on all aspects of the Federal air regulations. Nothing in these rules requires EPA to delegate administrative authorities to Tribes. As a delegated 5 Federal program, any Federal requirement administered by a delegated Tribe is subject to EPA enforcement and EPA formal appeal procedures, not the Tribe's, under Federal law. Under a partial delegation agreement, EPA would authorize a Tribal government to administer specific functions of one or more of the FARR rules, with Tribal government employees acting as authorized representatives of EPA and with the oversight of EPA staff. Any challenges to an action will be handled directly by EPA, and any formal appeals or enforcement actions will proceed under EPA's administrative and civil judicial procedures.

Section 49.123  General provisions. This section includes definitions of the terms used in these rules, as well as general provisions regarding requirements for emission testing, monitoring, recordkeeping, reporting, the use of credible evidence in compliance certifications and for establishing violations, and the incorporation by reference of American Society for Testing and Materials ( ASTM) methods referenced in this rulemaking.

Basic Rules  ICR Prepared Section 49.124  Visible emissions. Section 49.124 establishes that visible emissions from air pollution sources may not exceed 20 percent opacity, averaged over six consecutive minutes, as measured by EPA Method 9. This section does not apply to certain sources, such as: open burning; agricultural activities; forestry and silvicultural activities; noncommercial smoke houses; sweat houses or lodges; smudge pots; furnaces and boilers used exclusively to heat residential buildings with four or fewer units; fugitive dust from public roads owned or maintained by any Federal, Tribal, State, or local government; and fuel combustion in mobile sources. The visible emissions from an oil fired boiler or solid fuelfired boiler that continuously measures opacity with a continuous opacity monitoring system ( COMS) may exceed the 20 percent 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 percent opacity at any time.

Section 49.125  Particulate matter. This section establishes that particulate matter emissions from combustion sources ( except for wood fired boilers), process sources, and other sources may not exceed an average of 0.23 grams per dry standard cubic meter ( 0.1 grains per dry standard cubic foot), corrected to seven percent oxygen ( for combustion sources), during any three hour period. Particulate matter emissions from wood fired boilers must be limited to an average of 0.46 grams per dry standard cubic meter ( 0.2 grains per dry standard cubic foot), corrected to seven percent oxygen, during any threehour period. Exempted from this section are woodwaste burners, furnaces, and boilers used exclusively for space heating with a rated heat input capacity of less than 400,000 British thermal units ( Btu) per hour, non commercial smoke houses, sweat houses or lodges, open burning, and mobile sources.

Section 49.126  Fugitive particulate matter. This section requires the owner or operator of any source of fugitive particulate matter emissions to take all reasonable precautions to prevent fugitive particulate matter emissions and to maintain and operate the source to minimize these emissions. A person subject to this section is required to annually survey the air pollution source to determine if there are sources of fugitive 6 particulate matter emissions, determine and document in a written plan the reasonable precautions that will be taken to prevent fugitive particulate matter emissions, including appropriate monitoring, recordkeeping, and reporting, and then implement the plan. For new sources and new operations, including those at an existing air pollution source, a survey must be conducted within thirty days after commencing operation. For construction and demolition activities, the written plan must be prepared prior to commencing construction or modification. This section does not apply to open burning, agricultural activities, forestry and silvicultural activities, sweat houses or lodges, non commercial smoke houses, public roads owned or maintained by any Federal, Tribal, State, or local government, or activities associated with single family residences or residential buildings with four or fewer dwelling units.

Section 49.129  Sulfur dioxide. This section restricts sulfur dioxide emissions from combustion sources, process sources, and other sources to no more than an average of 500 parts per million by volume, on a dry basis, corrected to seven percent oxygen ( for combustion sources), during any three hour period. Furnaces and boilers used exclusively for space heating with a rated heat input capacity of less than 400,000 Btu per hour and mobile sources are exempt from this section.

Section 49.130  Sulfur content of fuels. This section applies to any person who sells, distributes, uses, or makes available for use, any fuel oil, liquid fuel, coal, solid fuel, or gaseous fuel on Indian reservations. This section restricts the sulfur content of those types of fuels. Gasoline and diesel fuels, such as automotive or marine diesel fuel, regulated by EPA under 40 CFR Part 80, are exempt from this section. A person subject to this section must demonstrate compliance through recordkeeping and/ or continuous monitoring or sampling. The owner or occupant of a single family residence and the owner or manager of a residential building with four or fewer units is not subject to the sulfur content recordkeeping requirements if the furnace fuel is purchased from a licensed fuel distributor.

Section 49.131  Open burning. This section prohibits certain materials from being openly burned and describes the practices a person subject to this section must follow in conducting an open burn. Under this section, a number of materials may not be openly burned, such as: garbage, dead animals, junked motor vehicles, tires or rubber materials, plastics, plastic products, styrofoam, asphalt or composition roofing, tar, tarpaper, petroleum products, paints, paper or cardboard other than what is necessary to start a fire or that is generated at a single family residence or residential building with four or fewer dwelling units and is burned at the residential site, lumber or timbers treated with preservatives, construction debris or demolition waste, pesticides, herbicides, batteries, light bulbs, hazardous wastes, or any material other than natural vegetation that normally emits dense smoke or noxious fumes when burned ( see actual rule language for a complete list). The following situations are generally exempted from this section: fires set for cultural or traditional purposes, including fires within structures such as sweat houses or lodges; fires set for recreational purposes, provided that no prohibited materials are burned; with prior permission from the Regional Administrator, open outdoor fires used by qualified personnel to train firefighters in the methods of fire suppression and fire fighting techniques, provided that these fires are not allowed to smolder after the training session has terminated; with prior permission from the Regional Administrator, one open outdoor 7 fire each year to dispose of fireworks and associated packaging materials; and open burning for the disposal of diseased animals or other material by order of a public health official. All open burning, except for cultural and traditional purposes, is prohibited if the Regional Administrator declares a burn ban due to deteriorating air quality or the Regional Administrator issues an air stagnation advisory or declares an air pollution alert, air pollution warning, or air pollution emergency.

Through education and outreach, it is EPA's goal to eliminate open burning disposal practices where alternative methods are feasible and practicable, to encourage the development of alternative disposal methods, to emphasize resource recovery, and to encourage utilization of the highest and best practicable burning methods to minimize emissions where other disposal practices are not feasible.

Section 49.138  Registration of air pollution sources and reporting of emissions. Any person who owns or operates an air pollution source, except those expressly exempted from this section, will be required to annually register the source with EPA and report emissions. A person subject to this section must register an existing air pollution source by no later than February 15, 2007. A new air pollution source that is not exempt must register within 90 days after beginning operation. A new air pollution sources is defined as a source that begins actual construction after the effective date of this rule, and an existing air pollution source is a source that exists as of the effective date of this rule or has begun actual construction before the effective date of this rule. Sources must re register each year and provide updates on any changes to the information provided in the previous registration. In addition, a person must promptly report any changes in ownership, location or operation. All registration information and reports must be submitted on forms provided by the Regional Administrator. The following sources are exempt from this section, unless the source is subject to a standard established under section 111 or section 112 of the CAA: air pollution sources that do not have the potential to emit more than two tons per year of any air pollutant; mobile sources; single family residences and residential buildings with four or fewer units; air conditioning units used for human comfort that do not exhaust air pollutants into the atmosphere from any manufacturing or industrial process; ventilating units used for human comfort that do not exhaust air pollutants into the atmosphere from any manufacturing or industrial process; furnaces and boilers used exclusively for space heating with a rated heat input capacity of less than 400,000 Btu per hour; cooking of food, except for wholesale businesses that both cook and sell cooked food; consumer use of office equipment and products; janitorial services and consumer use of janitorial products; maintenance and repair activities, except for air pollution sources engaged in the business of maintaining and repairing equipment; agricultural activities and forestry and silvicultural activities, including agricultural burning and forestry and silvicultural burning; and open burning. Sources subject to a standard established under section 111 or section 112 of the CAA must register.

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 8 to the Regional Administrator requesting such a limitation; 2) the Regional Administrator determines that additional Federally enforceable requirements for a source are necessary to ensure compliance with the FIP or, if applicable, TIP; or 3) the Regional Administrator determines that additional Federally enforceable requirements for a source are necessary to ensure the attainment and maintenance of any NAAQS or PSD increment. In these three situations, the Regional Administrator may write the operating permit, following the consultation and public comment procedures described in this section. 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.

Basic Rules  ICR not prepared and rationale Section 49.135  Emissions detrimental to human health or welfare. EPA is promulgating § 49.135 for all reservations, except for the Nez Perce Reservation and the Umatilla Indian Reservation where § 49.136 will be in effect. For both § § 49.135 and 49.136, an owner or operator of an air pollution source is not allowed to cause or allow the emission of any air pollutants, in sufficient quantities and of such characteristics and duration, that the Regional Administrator determines causes or contributes to a violation of any NAAQS; or is, or would likely be, injurious to human health or welfare. For the Nez Perce Reservation and the Umatilla Indian Reservation, EPA is adopting § 49.136 that includes the same requirements as § 49.135 but also provides additional protections, such as authorizing controls when the Regional Administrator determines an emission is, or would likely be, damaging to unique Tribal cultural or traditional resources. If the Regional Administrator makes such a determination under § 49.135 or § 49.136, the Regional Administrator may require the source to install air pollution controls or to take reasonable precautions to reduce or prevent the emissions.

Rationale for not preparing ICR. Section 49.135 could potentially be applied to any facility, although, based on Region 10' s experience with air pollution issues on reservations, we believe it is unlikely that the Region would need to apply the rule to more than one or two facilities in any given year. Hence this rule does not meet the basic criteria for an ICR, "... collecting substantially similar information for ten or more respondents in any 12 month period..."

Section 49.135 would not be implemented as a stand alone rule. The rule provides Region 10 with some greater administrative flexibility to act than what already exists under Section 303 of the CAA. Further, sources complying with the other basic rules for visible emission, particulate matter, fugitive emission control, etc. are likely to prevent or minimize the possibility of not complying with the Emissions Detrimental rule.

Region 10 is likely to use the rule informally to resolve the majority of situations where the need for it may arise. The rule can be formally applied only after a determination by the Region 10 Administrator. The Region would have to conduct investigations of any facility that was subject to complaints in order to provide the evidence upon which the Regional Administrator would make the determination required by 49.135( c)( 1). In the 9 process of those investigations, the facility owner/ operator would be involved and become cognizant of the problem their facility was causing, if this was not already the case.

Based on our experience, this direct EPA attention on a facility is sufficient inducement for the owner/ operator to resolve the problem causing such attention. For the rare circumstance where this would not be so, the Region would prepare a determination for approval at the Regional Administrator level.

Section 49.137  Air pollution episodes. Under § 49.137, the Regional Administrator is authorized to issue warnings about air quality that apply to any person who owns or operates an air pollution source on an Indian reservation. The Regional Administrator may issue an air stagnation advisory when meteorological conditions are conducive to the buildup of air pollution. The Regional Administrator may declare an air pollution alert, air pollution warning, or air pollution emergency whenever it is determined that the accumulation of air pollutants in any place is approaching, or has reached, levels that could lead to a threat to human health. Once EPA determines that it is appropriate to issue an air stagnation advisory or declare an air pollution alert, air pollution warning, or air pollution emergency, EPA will communicate this information to the affected public. These announcements will indicate that air pollution levels exist that could potentially be harmful to human health, describe actions that people can take to reduce exposure, request voluntary actions to reduce emissions from sources of air pollutants, and indicate that a ban on open burning is in effect. A ban on open burning goes into effect whenever the Regional Administrator issues an air stagnation advisory or declares an air pollution alert, air pollution warning, or air pollution emergency.

Rationale for not preparing ICR. This rule could impose mandatory curtailment of source operations, but only with an order signed by the Region 10 Administrator to the individual facility. The order would have to be based on the existence of an air pollution warning or emergency situation occurring. Region 10 does not foresee any air quality situation that would ever warrant such drastic action. However, a basic public health protection program calls for the inclusion of such measures in the event that an air pollution emergency ever occurs.

The rule identifies four conditions of air quality based on pollution levels   advisory, alert, warning and emergency. Region 10 anticipates that the only levels likely to ever be used would be advisories or alerts. This is based upon the Region's review of air quality monitoring data over the past several years for Idaho, Oregon and Washington. The only pollutant for which there have been exceedances of the " Air Pollution Alert" level used in this rule is PM10. The rule allows the Region to request voluntary curtailments of activities in air pollution alerts. There was one situation in close proximity to a major air pollution source on reservation land that reached the " Air Pollution Warning" levels as recently as 1996. This source was subject to a separate Federal Implementation Plan, promulgated in August 2000. The controls being installed are expected to prevent recurrence of such an event. Hence, Region 10 does not anticipate any use of the mandatory provisions of these rules. 10 Additional Rules  ICR Prepared These rules will be proposed only on reservations where EPA, in consultation with the Tribes, has determined they are appropriate. There are three reservations for which EPA has determined that at least one of the additional rules is appropriate. EPA is proposing that all six additional rules apply on the Nez Perce reservation, four apply on the Confederated Tribes of the Umatilla reservation ( 49.132, 49.133, 49.134, 49.136), and two apply on the Confederated Tribes of the Colville reservation ( 49.127, 49.128).

Section 49.127  Woodwaste burners. On the Colville Indian Reservation and the Nez Perce Reservation, EPA is promulgating § 49.127 which phases out the operation of woodwaste burners ( commonly known as wigwam or teepee burners). Until existing woodwaste burners are dismantled, visible emissions from a woodwaste burner may not exceed 20% opacity, averaged over six consecutive minutes, as measured by EPA Method 9, and only wood waste generated on site can be burned or disposed of in the woodwaste burner. The owner or operator of a woodwaste burner, including woodwaste burners that are not currently being used, must submit a plan for shutting down the woodwaste burner to EPA within 180 days after the effective date of this rule and must shut down and dismantle the woodwaste burner by no later than two years after the effective date of this rule. Sources may apply to EPA for an extension of the two year deadline if there is no reasonably available alternative method of disposal for the wood waste.

Section 49.132  General open burning permits. Any person who wants to conduct an open burn on the Nez Perce Reservation and the Umatilla Indian Reservation must: 1) obtain a permit for each open burn; 2) have the permit available on site during the open burn; 3) conduct the open burn in accordance with the terms and conditions of the permit; and 4) comply with the General rule for open burning ( § 49.131) or the EPA approved Tribal open burning rules in a TIP, as applicable. The following activities are exempt: fires set for cultural or traditional purposes, including fires within structures such as sweat houses or lodges; fires for recreational purposes, provided that no prohibited materials are burned; forestry and silvicultural burning ( forestry and silvicultural burning is covered under § 49.134 Rule for forestry and silvicultural burning permits); and agricultural burning ( agricultural burning is covered under § 49.133 Rule for agricultural burning permits). The Regional Administrator will take into consideration relevant factors including, but not limited to, the size, duration, and location of the proposed open burn, the current and projected air quality conditions, forecasted meteorological conditions, and other scheduled burning activities in the surrounding area in determining whether to issue the permit. EPA anticipates that the Nez Perce and Umatilla Tribes will seek partial delegation from EPA to implement portions of this rule on their respective reservations.

EPA is using a phased approach to establish burn permit programs for open burning, agricultural burning, and forestry burning on the Nez Perce Reservation and the Umatilla Indian Reservation to provide time for EPA and the Tribes to develop the burn permit programs, to allocate sufficient resources, and to establish intergovernmental agreements on how EPA and each Tribe will administer the program. EPA is first starting the burning permit programs on the Nez Perce Reservation, where EPA and the Tribe have been operating under an intergovernmental agreement with the Idaho Department of 11 Environmental Quality and the Idaho State Department of Agriculture to manage agricultural field burning in the Clearwater Airshed. For the Nez Perce Reservation, anyone who wants to conduct open burning after March 1, 2005 must first apply for and obtain a permit for open burning. For the Umatilla Indian Reservation, anyone who wants to conduct open burning after January 1, 2007 must first apply for and obtain a permit for open burning. These dates will provide time for EPA and the Tribes to develop burn permit programs.

Section 49.133  Agricultural burning permits. Any person who wants to conduct an agricultural burn on the Nez Perce Reservation and the Umatilla Indian Reservation must: 1) apply for a permit to conduct an agricultural burn; 2) obtain approval of the permit on the day of the burn, 3) have the permit available on site during the agricultural burn; and 4) conduct the burn in accordance with the terms and conditions of the permit. This agricultural burning permit program is a smoke management program under which final approvals to conduct burns are given on a daily basis. Prior to the requested burn days, farmers will have received preliminary permits that are effective only after the daily approvals are given. All burning activities must also comply with the General rule for open burning ( § 49.131) or the EPA approved Tribal open burning rules in a TIP, as applicable. EPA anticipates that the Nez Perce and Umatilla Tribes will seek partial delegation to administer portions of this rule on their respective reservations.

As with the general open burning permit rule and forestry and silvicultural burning permit rule at § § 49.132 and 49.134, anyone who wants to conduct agricultural burning on the Nez Perce Reservation after March 1, 2005 must first apply for and obtain approval of a permit for agricultural burning. For the Umatilla Indian Reservation, anyone who wants to conduct agricultural burning after January 1, 2007 must first apply for and obtain approval of a permit for agricultural burning. The provisions for approving agricultural burning permits are revised to simplify and streamline the process. This rule provides EPA and delegated Tribes the flexibility to implement smoke management programs that, on a dayto day operational basis, resemble those of neighboring jurisdictions or represent a typical program.

Section 49.134  Forestry and silvicultural burning permits. Any person who wants to conduct a forestry or silvicultural burn on the Nez Perce Reservation and the Umatilla Indian Reservation must: 1) apply for a permit to conduct a forestry or silvicultural burn; 2) obtain approval of the permit on the day of the burn, 3) have the permit available on site during the forestry or silvicultural burn; and 4) conduct the burn in accordance with the terms and conditions of the permit. This forestry and silvicultural burning permit program is a smoke management program under which final approvals to conduct burns are given on a daily basis. Prior to the requested burn days, land owners will have received preliminary permits that are effective only after the daily approvals are given. All burning activities must also comply with the General rule for open burning ( § 49.131) or the EPAapproved Tribal open burning rules in a TIP, as applicable. EPA anticipates that the Nez Perce and Umatilla Tribes will seek partial delegation to administer portions of this rule on their respective reservations. 12 As with the general open burning permit and agricultural burning permit rules at § § 49.132 and 49.133, anyone who wants to conduct forestry or silvicultural burning on the Nez Perce Reservation after March 1, 2005 must first apply for and obtain approval of a permit for forestry or silvicultural burning. For the Umatilla Indian Reservation, anyone who wants to conduct forestry or silvicultural burning after January 1, 2007 must first apply for and obtain approval of a permit for forestry or silvicultural burning. The provisions for approving forestry and silvicultural burning permits are revised to simplify and streamline the process. The rule provides EPA and delegated Tribes the flexibility to implement smoke management programs that, on a day to day operational basis, resemble those of neighboring jurisdictions or represent a typical program.

Additional Rules  ICR Not Prepared and Rationale Section 49.128  Particulate matter emissions from wood products industry sources. On the Colville Indian Reservation and the Nez Perce Reservation, EPA is promulgating § 49.128 that applies to any person who owns or operates any of the following wood products industry sources: veneer manufacturing operations, plywood manufacturing operations, particleboard manufacturing operations, or hardboard manufacturing operations. This section imposes limits on the amount of PM10 that can be emitted from such sources, in addition to the particulate matter limits for combustion and process sources in § 49.125.

Rationale for not preparing ICR. There is only one facility on one of the two reservations to which this rule will apply that manufactures any of the materials subject to this rule. No capital or operation and maintenance costs are expected to apply to this facility. In addition, there are no required reporting or record keeping activities. Hence, no costs are expected to apply to this rule. Because there is only one facility to which the rule is expected to apply, an ICR is not required because the rule does not meet the basic criteria for an ICR, "... collecting substantially similar information for ten or more respondents in any 12 month period...."

Section 49.136  Emissions detrimental to persons, property, cultural or traditional resources. EPA is promulgating § 49.135 for all reservations, except for the Nez Perce Reservation and the Umatilla Indian Reservation where § 49.136 will be in effect. For both § § 49.135 and 49.136, an owner or operator of an air pollution source is not allowed to cause or allow the emission of any air pollutants, in sufficient quantities and of such characteristics and duration, that the Regional Administrator determines causes or contributes to a violation of any NAAQS; or is, or would likely be, injurious to human health or welfare. For the Nez Perce Reservation and the Umatilla Indian Reservation, EPA is adopting § 49.136 that includes the same requirements as § 49.135 but also provides additional protections, such as authorizing controls when the Regional Administrator determines an emission is, or would likely be, damaging to unique Tribal cultural or traditional resources. If the Regional Administrator makes such a determination under § 49.135 or § 49.136, the Regional Administrator may require the source to install air pollution controls or to take reasonable precautions to reduce or prevent the emissions.

Rationale for not preparing ICR. Section 49.136 could potentially be applied to any facility, although, based on Region 10' s experience with air pollution issues on reservations, 13 we believe it is unlikely that the Region would need to apply the rule to more than one or two facilities in any given year. Hence this rule does not meet the basic criteria for an ICR, "... collecting substantially similar information for ten or more respondents in any 12 month period..." Section 49.136 differs from Section 49.135 in that it provides two additional criteria that the Regional Administrator may apply in making a determination. EPA Region 10 feels that the addition of these two criteria will not materially change the way in which the Region will apply the rule.

1( d) Information to be Collected, Methods for Collection, and Use of Information Two of the FIP rules require respondents to develop and maintain records as part of demonstrating compliance with the rule. The sulfur in fuel rule requires respondents to obtain, record and keep data on sulfur content of each fuel purchase. The fugitive particulate matter rule requires respondents to periodically survey their operations and document the results of the survey. If fugitive emissions are observed, the respondent is required to write a plan specifying the precautions they will take to prevent emission occurrence. For calculating recordkeeping costs on the opacity, particulate emissions and sulfur oxide emissions rules, Region 10 estimated the numbers of respondents that may undertake testing. These rules, however, do not, of themselves, require such testing be performed.

The only reporting requirements associated with this ICR are contained in Sections 49.138 and 49.139. The first of these rules requires owners or operators to submit registrations of air pollution sources. The information to be collected includes facility contact information, process data, emissions data, and information on control equipment. Region 10 will provide guidance and will prepare standard forms for facilities to use in submitting the information. Region 10 will also explore the use of electronic reporting mechanisms ( e. g., on the internet).

Section 49.139 contains provisions to enable facilities to obtain Federally enforceable limitations in operating permits. Such limitations would reduce a source's potential to emit and enable it to avoid other Federal regulatory programs. Programs that may be avoided in this manner include:

! PSD, which requires air quality impact demonstrations including modeling and monitoring, use of Best Available Control Technology and attendant capital and operation and maintenance costs for pollution controls, and significant application requirements; ! NESHAP which requires use of Maximum Achievable Control Technology, and significant recordkeeping and reporting requirements; ! Title V, the Federal Operating Permits Program, which has significant recordkeeping, reporting and annual fee payment requirements; and, ! NSPS, sources may use operating permits to reduce the stringency of rules that apply to them. 14 The information required in the 49.139 permit application is similar to that needed in the registration under 49.138, hence there is only a small incremental reporting burden for these sources. Uses of the information are described under Section 2( b) below.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection Region 10 is promulgating gap filling rules for Indian reservations in Idaho, Oregon, and Washington. These rules, as described below, are intended to fill the gap in current regulations until such time as individual Tribes develop and implement approved TIPs. These rules will regulate activities, pollutants, and sources by supplementing the existing Federal regulatory programs such as the PSD, NESHAP, and NSPS programs. These rules are intended to provide regulatory tools for use by Region 10 in implementing the CAA on Indian reservations in addition to the regulations already established by EPA.

In Region 10, EPA is identifying the primary sources of air pollution emissions on Indian reservations, and evaluating the CAA statutory authorities for EPA to regulate those sources pending submission of a TIP by a Tribe and approval by EPA. Information is needed to assist EPA in determining, in consultation with affected Indian Tribes, the activities and sources of air pollution that threaten air resources.

Section 301 ( a)( 1) provides EPA a broad authority to prescribe regulations as necessary to implement the CAA.

Section 301( d)( 4) has been interpreted by EPA as providing the Administrator discretionary authority for EPA to prepare Federal implementation plan provisions as are appropriate to protect air quality and to promulgate other CAA programs in Indian reservation areas where a Tribe has not yet been approved for a CAA program.

Section 110( a)( 2), which establishes requirements for State implementation plans, and requires that an implementation plan provide authority for information collection and establishment of systems, methods and procedures, among other things. EPA's position is that it is not bound by the requirements established for States under section 110( a)( 2), but will use those requirements to guide EPA in the preparation of Federal plans as may be appropriate to meet the requirements of the Act.

In addition Section 114 authorizes the Administrator to require any owner or operator of an emission source to provide on a one time, periodic or continuous basis, information necessary to carry out the provisions of the Act.

EPA's purpose for requesting this information is to protect the quality of the air resources throughout and in areas adjacent to the Indian reservations in Idaho, Oregon and Washington, so as to promote the public health and welfare and the productive capacity of the populations therein. 15 EPA is promulgating these rules to better enable the Agency to protect human health and welfare on 39 Indian reservations in the Pacific Northwest and to meet its trust responsibility to the Tribes. The FIP will also create opportunities for Tribes to partner with EPA in implementing these rules, and enable Tribes to develop their capacity to manage air quality.

2( b) Practical Utility/ Users of the Data This information will be used for the following purposes:

! maintain an accurate inventory of sources and emissions through general provisions regarding requirements for emission testing, monitoring, recordkeeping, reporting;

! track emissions trends and changes, and identify potential air quality problems before they arise;

! establish enforceable limits on emissions from sources located on Tribal lands that are unambiguous and enforceable as a practical matter;

! provide credible evidence in compliance certifications and for establishing violations; and ! enable Region 10 to require further air emission reductions if necessary to attain or maintain the NAAQS and to protect air quality from potential significant deterioration in a particular area.

The primary user of the information is EPA. Emissions and source data that are the subject of this request will be used by EPA Region 10 in carrying out its responsibility to directly implement the CAA throughout Indian reservations, including regulatory functions and program support. Activities such as source inspections, analysis of new or modified sources, and development and enforcement of limits on source emissions enable Region 10 to protect the air quality and human health, on the Indian reservations of Idaho, Oregon and Washington. The information will also enable EPA to provide accurate information to affected Indian Tribes about air quality matters on their reservations, and facilitate EPA's ability to consult with Tribes about actions EPA is planning or undertaking.

Collection of emissions and source data supports EPA's activities. Information collected supports EPA in responding to requests from the public regarding air pollution emissions and sources under the Freedom of Information Act ( FOIA).

EPA anticipates that these regulations can serve as models for Tribes as they develop their own air quality programs and to support development of TIPs. In addition, the rules provide air pollution sources on reservation with air quality control requirements and regulatory alternatives similar to those available to sources located off reservation. 16 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication Several sources of information have been reviewed to determine whether the information requested has already been gathered. Region 10 developed a data base of air pollution emission sources for Tribal lands. This effort included several visits to reservations in Region 10, reviews of State permit files, and discussions with Tribal representatives. EPA also maintains the National Emission Trends data base which contains data on emission sources throughout the country. None of the sources reviewed contain information with the level of detail requested in some of the FIP rules. For example, Section 49.138 requests process information, facility plot plans, emissions data, facility contacts, and control equipment information. This information will be needed by EPA for the purposes described in Section 2( b) above.

3( b) Public Notice Required Prior to ICR Submission to OMB Not required. This is a rule related ICR.

3( c) Consultations No consultations have been conducted regarding this information collection.

3( d) Effects of Less Frequent Collection The only significant reporting requirement under this ICR is associated with Section 49.138 Registration of Air Pollution Sources. This rule requires an initial registration by February 2007 and annual re registrations. Collection of emissions data at a frequency of less than 1 year would not allow EPA to conduct analyses in support of programs such as those mentioned under 2( b) above.

3( e) General Guidelines This ICR does not violate any of OMB's guidelines for information collection.

3( f) Confidentiality Any information submitted to EPA for which a claim of confidentiality is made will be safeguarded according to EPA's policies set forth in Title 40, Chapter 1, Part 2, Subpart B   Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979). Furthermore, the type of information that is being collected by EPA is not expected to be considered confidential in most cases. 1The NAICS codes were used in the EIA for this rule to generate revenue estimates for facilities with no secondary source data by using county level information on value of shipments per establishment by NAICS code. The NAICS codes used for this purpose are defined at the 2 digit level because that is the level at which the data are available.

17 3( g) Sensitive Questions This information collection does not ask any questions concerning sexual behavior or attitudes, religious beliefs, or other matters usually considered private.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ Standard Industrial Classification ( SIC) Codes For each of the basic FIP rules and additional FIP rules, the SIC codes and corresponding 2 digit NAICS codes used in the EIA for this rule are summarized in Table 1a and Table 1b, respectively. 1 A more detailed comparison of SIC and NAICS codes is provided in Appendix A. These SIC codes were obtained from a facility data base prepared by Region 10. For rule 49.126, SIC codes for construction and demolition contractors that may be subject to the rule were added to those SIC codes in the facility database. For rules 49.135, 49.136, and 49.137, these rules apply to all sources.

4( b) Information Requested Data Items For each FIP rule, the information to be collected is described below. Reporting and recordkeeping items are listed for each basic and additional rule below. Table 2a provides a summary of the information requested for the basic rules and Table 2b provides a summary for the additional rules. Data Items for Basic Rules Section 49.122  Partial delegation of administrative authority to a Tribe. There are no reporting or recordkeeping requirements.

Section 49.123  General provisions. There are no reporting or recordkeeping requirements.

Section 49.124  Visible emissions. There are no recordkeeping or reporting requirements. The ICR burden uses Region 10 estimates that two facilities would train staff to conduct Method 9 visual observations in order to determine compliance with the rule.

Section 49.125  Particulate matter. There are no reporting or recordkeeping requirements. The recordkeeping costs are associated with Region 10 estimates that up to 18 Table 1a SIC and NAICS Codes for Each Basic FIP Rulea Section 49.124 Visible Emissions Section 49.125 Particulate Matter Section 49.126 Fugitive Particulate Matter Section 49.129 Sulfur Dioxide Section 49.130 Sulfur Content of Fuels 0139 ( 11) 0139 ( 11) 0211 ( 11) 0723 ( 11) 0139 ( 11)

0211 ( 11) 0723 ( 11) 1422 ( 21) 1611 ( 23) 0723 ( 11)

0723 ( 11) 1611 ( 23) 1429 ( 21) 2011 ( 31 33) 1611 ( 23)

1422 ( 21) 2011 ( 31 33) 1442 ( 21) 2033 ( 31 33) 2011 ( 31 33)

1429 ( 21) 2033 ( 31 33) 1499 ( 21) 2037 ( 31 33) 2033 ( 31 33)

1442 ( 21) 2037 ( 31 33) 1611 ( 23) 2063 ( 31 33) 2037 ( 31 33)

1499 ( 21) 2063 ( 31 33) 2421 ( 31 33) 2091 ( 31 33) 2063 ( 31 33)

1611 ( 23) 2091 ( 31 33) 2426 ( 31 33) 2421 ( 31 33) 2091 ( 31 33)

2011 ( 31 33) 2421 ( 31 33) 2431 ( 31 33) 2426 ( 31 33) 2421 ( 31 33)

2033 ( 31 33) 2426 ( 31 33) 2432 ( 31 33) 2432 ( 31 33) 2426 ( 31 33)

2037 ( 31 33) 2429 ( 31 33) 2434 ( 31 33) 2491 ( 31 33) 2432 ( 31 33)

2063 ( 31 33) 2431 ( 31 33) 2436 ( 31 33) 2875 ( 31 33) 2491 ( 31 33)

2091 ( 31 33) 2432 ( 31 33) 2491 ( 31 33) 2899 ( 31 33) 2875 ( 31 33)

2421 ( 31 33) 2434 ( 31 33) 2819 ( 31 33) 2951 ( 31 33) 2899 ( 31 33)

2426 ( 31 33) 2436 ( 31 33) 2951 ( 31 33) 3273 ( 31 33) 2951 ( 31 33)

2429 ( 31 33) 2491 ( 31 33) 3269 ( 31 33) 4923 ( 48 49) 3273 ( 31 33)

2431 ( 31 33) 2875 ( 31 33) 3272 ( 31 33) 5191 ( 42) 4923 ( 48 49)

2432 ( 31 33) 2899 ( 31 33) 3275 ( 31 33) 5172 ( 42)

2434 ( 31 33) 2951 ( 31 33) 3325 ( 31 33) 5191 ( 42)

2436 ( 31 33) 3089 ( 31 33) 3365 ( 31 33) 7999 ( 71)

2491 ( 31 33) 3273 ( 31 33) 3731 ( 31 33) 9199 ( 92)

2819 ( 31 33) 4923 ( 48 49) 4953 ( 56)

2875 ( 31 33) 5191 ( 42) 5031 ( 42)

2899 ( 31 33) 7532 ( 81) 5093 ( 42)

2951 ( 31 33) 5153 ( 42)

3089 ( 31 33) 5191 ( 42)

3269 ( 31 33) 5211 ( 44 45)

3272 ( 31 33) 7532 ( 81)

3273 ( 31 33)

3275 ( 31 33)

3325 ( 31 33)

3365 ( 31 33)

3444 ( 31 33)

3731 ( 31 33)

4923 ( 48 49)

4953 ( 56)

5031 ( 42)

5093 ( 42)

5153 ( 42)

5191 ( 42)

5211 ( 44 45)

7532 ( 81)

7692 ( 81)

( continued) 19 Table 1a SIC and NAICS Codes for Each Basic FIP Rulea ( continued)

Section 49.131 Open Burning Section 49.135 Emissions Detrimental to Human Health or Welfare Section 49.137 Air Pollution Episodes Section 49.138 Registration of Air Pollution Sources and Reporting of Emissions Section 49.139 Rule for Non Title V Operating Permits all sources all sources all sources 0139 ( 11) 2951 ( 31 33) 1422 ( 21)

0211 ( 11) 3089 ( 31 33) 1442 ( 21)

1422 ( 21) 3272 ( 31 33) 1611 ( 23)

1429 ( 21) 3273 ( 31 33) 2033 ( 31 33)

1442 ( 21) 3275 ( 31 33) 2091 ( 31 33)

1499 ( 21) 3325 ( 31 33) 2421 ( 31 33)

1611 ( 23) 3365 ( 31 33) 2426 ( 31 33)

2011 ( 31 33) 3411 ( 31 33) 2431 ( 31 33)

2033 ( 31 33) 3446 ( 31 33) 2432 ( 31 33)

2037 ( 31 33) 3452 ( 31 33) 2436 ( 31 33)

2043 ( 31 33) 3479 ( 31 33) 2875 ( 31 33)

2063 ( 31 33) 3731 ( 31 33) 2899 ( 31 33)

2421 ( 31 33) 4923 ( 48 49) 2951 ( 31 33)

2426 ( 31 33) 4953 ( 56) 3089 ( 31 33)

2429 ( 31 33) 5032 ( 42) 3273 ( 31 33)

2431 ( 31 33) 5153 ( 42) 4923 ( 48 49)

2432 ( 31 33) 5172 ( 42) 5031 ( 42)

2436 ( 31 33) 5541 ( 44 45) 5191 ( 42)

2491 ( 31 33) 7212 ( 81) 7212 ( 81)

2656 ( 31 33) 7215 ( 81)

2741 ( 51) 7216 ( 81)

2873 ( 31 33) 7532 ( 81)

2875 ( 31 33) 8062 ( 62)

2899 ( 31 33)

a The 2 digit NAICS codes corresponding to each SIC code are provided in parentheses. These NAICS codes were used to estimate facility level revenues for the EIA. Data on some establishments was only available at an aggregated level combining NAICS codes. 20 six facilities would conduct EPA Method 5 source tests within the first three years in order to demonstrate compliance with the rule.

Section 49.126  Fugitive particulate matter. There are no reporting requirements. The recordkeeping requirements involve preparation of a fugitive particulate matter control plan. There will be industrial sources and construction and demolition contractors working on Tribal lands affected by the rule. Region 10 anticipates that the industrial sources will prepare a control plan and update it ( as needed) on a yearly basis. For construction and demolition contractors, a control plan will be prepared for each project. In addition, during the project, monthly surveys of fugitive dust sources at each project will be performed and documented by the contractor.

Section 49.129  Sulfur dioxide. There are no reporting or recordkeeping requirements. The recordkeeping costs are associated with Region 10 estimates that up to one facility in three years conduct EPA Method 6 source tests in order to demonstrate compliance with the rule. The estimate is low because most facilities are subject to the rule because of sulfur in their fuel, and would use rule 130 to demonstrate compliance. Few process sources would be subject to this rule.

Section 49.130  Sulfur content of fuels. There are no reporting requirements. The recordkeeping requirements are to document the sulfur content of fuels used at the facility. If it is not currently being documented, the sulfur content data can be requested from the fuel distributor.

Section 49.131  Open burning. There are no recordkeeping requirements for rule 49.131. Local FPS are required to contact and provide information to the Regional Administrator to gain permission for burning houses associated with fire training. Table 1b SIC and NAICS Codes for Each Additional FIP Rulea Section 49.127 Woodwaste Burners Section 49.128 Particulate Matter Emissions from Wood Products Industry Sources Section 49.132 General Open Burning Permits Section 49.133 Agricultural Burning Permits Section 49.134 Forestry and Silvicultural Burning Permits Section 49.136 Emissions Detrimental to Persons, Property, Cultural or Traditional Resources 2421 ( 31 33) 2431 ( 31 33) N/ A 0111 ( 11) 0134 ( 11) all sources 2434 ( 31 33) 0139 ( 11) 0811 ( 11) 2436 ( 31 33) 2439 ( 31 33)

a The 2 digit NAICS codes corresponding to each SIC code are provided in parentheses. These NAICS codes were used to estimate facility level revenues for the EIA. Data on some establishments was only available at an aggregated level combining NAICS codes. 21 Table 2a Summary of Information Requested for Basic Rules FIP Rule ( 40CFR Section) Information Requested Reporting Items Recordkeeping Items 49.122 No reporting items. No recordkeeping requirements.

49.123 No reporting items. No recordkeeping requirements. 49.124 No reporting items. Up to 2 respondents may elect to certify a staff member to conduct visual observations using EPA Method 9. Recertification must be performed every 6 months. a 49.125 No reporting items. Up to 6 respondents may elect to conduct EPA Method 5 testing to demonstrate compliance. a 49.126 No reporting items. Affected facilities will prepare a PM control plan and update it each year. Construction and demolition contractors will prepare a PM control plan for each project and perform monthly surveys of PM sources. 49.129 No reporting items. One respondent may elect to conduct EPA Method 6 testing to demonstrate compliance. a 49.130 No reporting items. Each respondent must maintain records of the sulfur content of fuels used at the facility. 49.131 Local Fire Protection Service ( FPS) must contact the Regional Administrator and provide information to obtain permission for open burning. No recordkeeping items.

49.135 No reporting items. No recordkeeping items. 49.137 No reporting items. No recordkeeping items.

49.138 Respondents must register and annually re register air pollution sources. Respondents must report change of location, change of ownership, or closure of sources. No recordkeeping requirements other than those needed to support the reporting requirements of the rule.

49.139 Respondents, if they want to establish limits on their potential to emit, must submit an application for Federally enforceable emission limits. No recordkeeping requirements.

a Rule does not require this. Region 10 estimated this level of activity for costing purposes. 22 Section 49.135  Emissions detrimental to human health or welfare. There are no reporting or recordkeeping requirements.

Section 49.137  Air pollution episodes. There are no reporting or recordkeeping requirements.

Section 49.138  Registration of air pollution sources and reporting of emissions. Reporting requirements: owners or operators of sources subject to the rule must register their air pollution sources by February 2007 with the Regional Administrator. Annual reregistration is also required by February 15 of each year to update the registration for any changes from the previous year. If no changes have occurred, the owner or operator may reaffirm in writing to the Regional Administrator the correctness and status of previous information. The owner or operator of an air pollution source must report relocation of the source no later than 30 days prior to the relocation to the Regional Administrator. The owner or operator must also report change of ownership of the source to the Regional Table 2b Summary of Information Requested for Additional Rules FIP Rule ( 40CFR Section) Information Requested Reporting Items Recordkeeping Items 49.127 Respondents must submit a plan for shutting down and dismantling the wood waste burners. Respondents must also submit a notice that the dismantling activity has been completed. No recordkeeping requirements.

49.128 No reporting items. Respondents may elect to conduct EPA Method 202 testing to demonstrate compliance.

49.132 Respondent must contact the Regional Administrator or delegated tribal authority and provide required information to obtain an open burn permit. No recordkeeping requirements.

49.133 Respondent must contact the Regional Administrator and provide required information to obtain an agricultural burn permit. No recordkeeping requirements.

49.134 Respondent must contact the Regional Administrator and provide required information to obtain a forestry burn permit. No recordkeeping requirements.

49.136 No reporting items. No recordkeeping items. 23 Administrator within 90 days of the effective change. In addition, the owner or operator is required to report the closure of the source within 90 days of the cessation of operations. For all registrations and reports, the owner or operator must include a certification as to the truth, accuracy, and completeness of the information.

Data items needed in the initial registration and annual re registration are:

! name of the air pollution source and nature of the business; ! street address, telephone number, and facsimile number of the air pollution source; ! name, mailing address, telephone number of the owner or operator; ! name, mailing address, telephone number, and facsimile number of the local individual responsible for compliance with this section; ! name and mailing address of the individual authorized to receive requests for data and information; ! a description of the production processes, air pollution control equipment, and a related flow chart; ! identification of emission units and air pollutant generating activities; ! a plot plan showing the location of all emission units and air pollutant generating activities. The plot plan must also show the property lines of the air pollution source, the height above grade of each emission release point, and the distance and direction to the nearest residential or commercial property; ! type and quantity of fuels, including the sulfur content of fuels, used on a daily, annual, and maximum hourly basis; ! type and quantity of raw materials used or final product produced on a daily, annual, and maximum hourly basis; ! typical operating schedule, including number of hours per day, number of days per week, and number of weeks per year; ! estimates of the total actual emissions from the air pollution source for the following air pollutants: particulate matter, PM10, PM2.5, sulfur oxides ( SOx), nitrogen oxides ( NOx), carbon monoxide ( CO), volatile organic compounds ( VOC), lead ( Pb) and lead compounds, ammonia ( NH3), fluorides ( gaseous and particulate), sulfuric acid mist ( H2SO4), hydrogen sulfide ( H2S), total reduced sulfur ( TRS), and reduced sulfur compounds, including all calculations for the estimates; ! estimated efficiency of air pollution control equipment under present or anticipated operating conditions; and ! any other information specifically requested by the Regional Administrator.

There are no recordkeeping requirements other than those needed to support the reporting requirements shown above.

Section 49.139  Rules for non Title V operating permits. This section would create a permitting program to provide for the establishment of Federally enforceable requirements for air pollution sources on Indian reservations. This rule would apply in the following three situations: 1) the owner or operator of any source wishes to obtain a Federallyenforceable limitation on the source's actual emissions or potential to emit and submits an application to the Regional Administrator requesting such limitation; 2) the Regional Administrator determines that additional Federally enforceable requirements for a source are necessary to ensure compliance with the Federal or, if applicable, Tribal 24 Implementation Plan; or 3) the Regional Administrator determines that additional Federally enforceable requirements for a source are necessary to ensure the attainment and maintenance of any NAAQS or PSD increment. A source that would otherwise require a Part 71 Federal operating permit may instead obtain an operating permit under this section that limits its potential to emit to below major source thresholds so that the source is not subject to Part 71. The Regional Administrator would write the operating permit and follow the consultation and public comment procedures described in this rule.

This rule would provide air pollution sources on reservations with air quality control requirements and regulatory alternatives similar to those available to sources located offreservation The rule also would enable the Regional Administrator to require further air emission reductions if necessary to attain or maintain the NAAQS or PSD increment.

All State and local air agencies have a permitting mechanism to control emissions and to allow a source to limit its potential to emit so that it is not subject to Title V or other requirements for major stationary sources with procedures, conditions, prohibitions, and exemptions similar to those in Section 49.139.

Data Items for Additional Rules Section 49.127  Woodwaste burners. There are no recordkeeping requirements for rule 49.127. Respondents must submit a plan for any dismantling activity to the Regional Administrator prior to any dismantling activity for approval. Respondents must also submit a notice that the dismantling activity has been completed.

Section 49.128  Particulate matter emissions from wood products industry sources. There are no reporting or recordkeeping requirements for rule 49.128. Region 10 has identified only one facility on the associated Tribal lands that will be affected by this rule. Recordkeeping costs are associated with conducting an EPA Method 201A and 202 source test to demonstrate compliance with the rule if the facility chooses to do so.

Section 49.132  General open burning permits. There are no recordkeeping requirements for rule 49.132. Respondents are required to contact and provide information to the Regional Administrator or delegated tribal authority to obtain an open burn permit.

Section 49.133  Agricultural burning permits. There are no recordkeeping requirements for rule 49.133. Respondents are required to contact and provide information to the Regional Administrator to obtain an agricultural burn permit.

Section 49.134  Forestry and silvicultural burning permits. There are no recordkeeping requirements for rule 49.134. Respondents are required to contact and provide information to the Regional Administrator to obtain a forestry burn permit.

Section 49.136  Emissions detrimental to persons, property, cultural or traditional resources. There are no reporting or recordkeeping requirements. 25 Respondent Activities The activities that respondents must engage in to assemble, submit, or store the data items listed above are described below.

Respondent Activities for Basic Rules Section 49.122  Partial delegation of administrative authority to a Tribe. There are no respondent activities.

Section 49.123  General provisions. There are no respondent activities.

Section 49.124  Visible emissions. Each respondent will need to review the rule. EPA estimates that up to 2 of the respondents will train a staff member to be certified to perform visual opacity observations using EPA Method 9. This includes an initial certification and re certification every 6 months.

Section 49.125  Particulate matter. Each respondent will need to review the rule. EPA estimates that up to 6 of the respondents will need to conduct an EPA Method 5 source test to demonstrate compliance with the rule. Hence, respondent activities include contacting source test companies, reviewing bids, supervising source tests, and reviewing source test results.

Section 49.126  Fugitive particulate matter. Each respondent will need to review the rule. Respondents are divided into two groups: affected facilities ( industrial facilities on Tribal lands) and construction and demolition contractors. Affected facilities will need to develop a PM control plan and update it every year. Construction and demolition contractors will need to develop a PM control plan for each project and perform monthly surveys of fugitive PM sources during the project, if they are handling dry or dusty materials.

Section 49.129  Sulfur dioxide. Each respondent will need to review the rule. EPA estimates that 1 of the respondents will need to conduct an EPA Method 6 source test to demonstrate compliance with the rule. Hence, respondent activities include contacting source test companies, reviewing bids, supervising source tests, and reviewing source test results.

Section 49.130  Sulfur content of fuels. Each respondent will need to review the rule. Each respondent will need to request documentation of fuel sulfur content from their fuel supplier. Each respondent will need to file documentation of fuel sulfur content for each fuel shipment received. If fuel suppliers are unable to provide documentation verifying the fuel sulfur content, then respondents will need to sample and test the fuel to ensure it meets the fuel sulfur content requirements. However, to EPA's knowledge, fuel sulfur content data are readily available from all distributors. Thus, it was assumed that no sources will need to perform tests of fuel sulfur content to verify compliance. In addition, based on EPA Region 10 experience and initial consultations with the sources, it was assumed that the fuel currently used on reservations already satisfies the fuel content 26 requirement of the rule. Thus, sources will not have to switch to different fuel distributors and will not incur increased fuel costs.

Section 49.131  Open burning. The local FPS will need to contact the Regional Administrator and provide information in order to gain permission for burning houses associated with fire training. The information needed by the Regional Administrator will include date and time of activity and a description of the activity ( e. g., size of the structure).

Section 49.135  Emissions detrimental to human health or welfare. There are no respondent activities for this rule.

Section 49.137  Air pollution episodes. There are no respondent activities for this rule.

Section 49.138  Registration of air pollution sources and reporting of emissions. Respondents are required to prepare initial registrations and annual re registrations of air pollution sources and submit these to the Regional Administrator. These activities include preparation of facility, process unit, and emission estimates for all air pollution sources. Respondents are also required to report to the Regional Administrator the relocation, change of ownership, and closure of air pollution sources.

Section 49.139  Rule for operating permits for non Title V sources. Each respondent must submit an application requesting a Federally enforceable limitation of emissions ( actual or potential to emit). The respondent will need to respond to questions and possibly submit additional information to the Regional Administrator during review of the application. EPA will prepare the permit and technical support document.

Respondent Activities for Additional Rules Section 49.127  Woodwaste burners. Each respondent will need to review the rule. Respondents must develop and submit a plan for dismantling the woodwaste burners. Hence, respondent activities include demolition or dismantling of the woodwaste burner. Respondents must also submit a notice that the dismantling activity has been completed.

Section 49.128  Particulate matter emissions from wood products industry sources. Each respondent will need to review the rule. Respondents may choose to conduct EPA Method 201A and 202 source tests to demonstrate compliance with the rule. In this case, respondent activities include contacting source test companies, reviewing bids, supervising source tests, and reviewing source test results. However, conducting these source tests is not required by this rule.

Section 49.132  General open burning permits. Each respondent will need to review the rule. The respondent will need to contact the Regional Administrator or delegated tribal authority and provide information in order to gain permission for the open burn. The information needed by the Regional Administrator or delegated authority will include location, date and time of activity, and a description of the activity including materials to be burned and safety precautions. The respondent will be required to have the permit available at the site during the burn activity. The respondent will need to conduct the burn in accordance with the terms and conditions of the permit. 27 Section 49.133  Agricultural burning permits. Each respondent will need to review the rule. The respondent will need to contact the Regional Administrator or delegated tribal authority and provide information in order to gain permission for the agricultural burn. The information needed by the Regional Administrator or delegated authority will include location, date and time of activity, and a description of the activity including materials and quantity to be burned and safety precautions. The respondent will be required to contact the Regional Administrator or delegated authority on the day of the burn for final approval. Respondents will need to have the permit available at the site during the burn activity. The respondent will need to conduct the burn in accordance with the terms and conditions of the permit.

Section 49.134  Forestry and silvicultural burning permits. Each respondent will need to review the rule. The respondent will need to contact the Regional Administrator or delegated tribal authority and provide information in order to gain permission for the forestry burn. The information needed by the Regional Administrator or delegated authority will include location, date and time of activity, and a description of the activity including materials and quantity to be burned and safety precautions. The respondent will be required to contact the Regional Administrator or delegated authority on the day of the burn for final approval. Respondents will need to have the permit available at the site during the burn activity. The respondent will need to conduct the burn in accordance with the terms and conditions of the permit.

Section 49.136  Emissions detrimental to persons, property, cultural or traditional resources. There are no respondent activities for this rule.

5. THE INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODS, AND INFORMATION MANAGEMENT 5( a) Agency Activities Table 3a and Table 3b provide a summary of the EPA activities associated with the collection of information in each basic FIP rule and each additional FIP rule, respectively.

5( b) Collection Methodology and Management Except for rules 49.138 and 49.139, there are no reporting requirements and information collection will be performed by written or telephone contact with the respondent. In these instances, the request may be generated as a result of a complaint by the public or for some other reason. For rules 49.138 and 49.139, Region 10 will provide guidance and will develop appropriate registration, report, and application forms to be filled out by each respondent. Region 10 staff will review each registration, report, or application to assure data completeness and accuracy. 28 Information gathered during the reporting activities under rules 49.138 and 49.139 will be entered into a data base using personal computers. Region 10 will review the efficiency of using electronic reporting systems ( e. g., via the internet) to facilitate the transfer of this information. Information that has not been deemed confidential may be accessed by the public following written request to the Regional Administrator.

5( c) Small Entity Flexibility EPA has critically reviewed the record keeping and reporting requirements associated with each rule and has reduced the information collection to data that are essential to both the respondent and EPA to ensure compliance with the requirements of each rule. In spite of efforts to minimize burden, potential impacts of the rules vary among small and large entities. Region 10 plans on offering assistance to small entities with rule interpretation, compliance, and information collection. Table 3a Summary of EPA Activities for Basic Rules FIP Rule ( 40CFR Section) Agency Action 49.124 Answer respondent questions, audit or review data submissions, record or enter data submissions, reformat and distribute the data, and store the data.

49.125 Answer respondent questions, audit or review data submissions, record or enter data submissions, analyze requests for confidentiality and provide appropriate protection, reformat and distribute the data, and store the data.

49.126 Answer respondent questions.

49.129 Answer respondent questions, audit or review data submissions, record or enter data submissions, analyze requests for confidentiality and provide appropriate protection, reformat and distribute the data, and store the data.

49.130 Answer respondent questions.

49.131 Develop the rule, answer respondent questions, store information on FPS requests.

49.135 Develop the rule, answer respondent questions, audit or review data submissions.

49.137 Develop the rule, answer respondent questions.

49.138 Set up master data base, answer respondent questions, audit or review data submissions, record or enter data submissions, analyze requests for confidentiality and provide appropriate protection, reformat and distribute the data, and store the data.

49.139 Answer respondent questions, audit or review data submissions, record or enter data submissions, analyze requests for confidentiality and provide appropriate protection, reformat and distribute the data, store the data, conduct technical analysis, issue the permit, and perform public notice. 29 The greatest burden to respondents is represented by Section 49.138 Registration of Air Pollution Sources and Reporting of Emissions. This rule requires all air pollution sources, not identified in the 12 exemption categories in the rule, to register and to supply estimates of emissions and control efficiencies for all sources at a given facility. Annual re registration and emissions estimate updates are also mandated by the rule. Rather than requiring emissions testing, the rule specifies several different procedures that are acceptable for estimating emissions from a source. These procedures provide flexibility and reduce the burden on small entities in complying with the rule.

5( d) Collection Schedule A summary of the collection schedule for all reporting items is provided in Table 4a and Table 4b below for the basic rules and additional rules, respectively. As shown in the table, the only reporting requirements are contained in rules 49.138 and 49.139. Since the permit application under rule 49.139 is voluntary ( i. e., only for sources seeking Federallyenforceable emission limits), there is no specified collection schedule. Table 3b Summary of EPA Activities for Additional Rules FIP Rule ( 40CFR Section) Agency Action 49.127 Develop the rule, answer respondent questions, review and record plans submitted by respondents for dismantling the woodwaste burners, review and record notice of completion of activity information.

49.128 Develop the rule, answer respondent questions, audit or review data submissions, record or enter data submissions, analyze requests for confidentiality and provide appropriate protection, reformat and distribute the data, and store the data. ( Note: no respondents have been identified.)

49.132 Develop rule, answer respondent questions, review information submitted by respondents, issue permits and store information on open burn requests.

49.133 Develop rule, answer respondent questions, review information submitted by respondents, issue permits, authorize the burn activity on the day of the proposed burn, and store information on agricultural burn requests.

49.134 Develop rule, answer respondent questions, review information submitted by respondents, issue permits, authorize the burn activity on the day of the proposed burn, and store information on forestry burn requests.

49.136 Develop rule, answer respondent questions, audit or review data submissions. 30 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden The respondent burden ( labor hours) for complying with the reporting requirements of each FIP rule is summarized in Table 5. This table also presents the total annual respondent burden for all FIP rules.

6( b) Estimating Respondent Costs The respondent costs for complying with the reporting requirements of each FIP rule are summarized in Table 6. The total annual respondent costs for all FIP rules are also given in Table 6.

For the purposes of generating cost estimates for each of the rules, EPA assumed that there will be no capital costs incurred under any of these rules. EPA makes this assumption because the unique nature of this rule   sources are believed to be complying in Table 4a Information Collection Schedule for Basic Rules FIP Rule ( 40CFR Section) Data Item Start Date Due Date 49.122 No reporting requirements. 49.123 No reporting requirements.

49.124 No reporting requirements. 49.125 No reporting requirements.

49.126 No reporting requirements. 49.129 No reporting requirements.

49.130 No reporting requirements. 49.131 FPS request for training burn. n/ a n/ a 49.135 No reporting requirements.

49.137 No reporting requirements. 49.138 Initial registration Annual re registration Relocation report Change of ownership report Closure report rule effective date rule effective date n/ a date of change date of closure February 2007 ( within 90 days of operation for new sources) February 15th of each year 30 days prior to relocation within 90 days within 90 days 49.139 Permit application n/ a n/ a 31 the absence of the rule because they thought they were subject to State and local ( S/ L) rules   makes it difficult to establish a counterfactual baseline showing what sources would be doing had they realized they were not subject to those rules. In working with the State, local, and Tribal authorities, as well as the businesses and other entities affected by these rules, EPA has learned that S/ L authorities have generally implemented their air quality programs throughout their designated land areas, including reservation lands. In most cases, sources located on Indian reservations have installed or upgraded pollution controls to comply with S/ L rules. This has occurred despite the fact that EPA is on record that, pursuant to the CAA, S/ L requirements do not extend onto Indian reservations absent explicit Congressional authority. The net result is that EPA expects most sources affected by the air quality rules already have sufficient control equipment to enable them to attain and maintain compliance with the rules. EPA does not anticipate facilities adding control devices as a result of these rules.

In addition, EPA has not estimated operation and maintenance ( O& M) costs to comply with these rules because EPA would need, at a minimum, extensive data on the type of controls in place at each facility as well as facility output. At the time of this analysis, such data are only available for one of the rules for a small subset of affected firms. EPA believes that there could be O& M costs, but insufficient data were available to estimate them. EPA specifically requested comment on the O& M costs during the proposal, but received no comments allowing estimation of costs. Table 4b Information Collection Schedule for Additional Rules FIP Rule ( 40CFR Section) Data Item Start Date Due Date 49.127 Plan for woodwaste burner dismantling. Notice of completion of activities. rule effective date rule effective date within 180 days within 2 years 49.128 No reporting requirements.

49.132a General open burn permit. 5 working days prior to activity 1 working day prior to activity 49.133a Agricultural burn permit. Authorization to conduct burn. not specified day of activity not specified day of activity 49.134a Forestry and silvicultural burn permit. Authorization to conduct burn. not specified day of activity not specified day of activity 49.136 No reporting requirements.

a Burn permits under these three rules are required beginning March 1, 2005, for the Nez Perce reservation and January 1, 2007, for the Confederated Tribes of the Umatilla reservation. 32 Table 5 Annual Respondent Burden for the Region 10 Tribal FIP Rule Title Respondents One Time Hours Over 3 Years Recurring Hours Section 49.124 Visible emissions 105 169 96 Section 49.125 Particulate matter 58 178 0 Section 49.126 Fugitive particulate matter 111 468 558 Section 49.127 Woodwaste burners 5 18 0 Section 49.128 Particulate matter emissions from wood products industry sources 0 0 0 Section 49.129 Sulfur dioxide 45 65 0 Section 49.130 Sulfur content of fuels 53 80 53 Section 49.131 Open burning 39 59 39 Section 49.132a General open burning permits 293 147 145 first 2 years, 195 beginning third year Section 49.133a Agricultural burning permits 340 170 240 first 2 years, 340 beginning third year Section 49.134a Forestry and silvicultural burning permits 90 45 20 first 2 years, 30 beginning third year Section 49.135 Emissions detrimental to human health or welfare 0 0 0 Section 49.136 Emissions detrimental to persons, property, cultural or traditional resources 0 0 0 Section 49.137 Air pollution episodes 0 0 0 Section 49.138b Registration of air pollution sources and reporting of emissions 118 2,974 0 Section 49.139 Rule for non Title V operating permits 45 345 0 Totalsc 1,302 4,718 1,151 first 2 years, 1,311 third year a Burn permits for the Nez Perce reservation are required in the first year after implementation, but not until the third year for the Confederated Tribes of the Umatilla reservation. b Recurring burden for re registration would not begin during the first three years after implementation because initial registration occurs in the third year. Beginning in the fourth year, the recurring burden is estimated to total 52 hours per year. C The recurring burden is estimated to increase slightly to 1,367 hours per year after all rules are fully phased in. This estimated burden after all rules are phased in was used to calculate the economic impacts of the rule in the EIA ( EPA, 2004). 33 Table 6 Annual Respondent Cost for the Region 10 Tribal FIP Rule Title Respondents One Time Costs Over 3 Years ($) One Time Annualized Costs ($) Recurring Cost ($)

Section 49.124 Visible emissions 105 8,664 3,302 6,972 Section 49.125 Particulate matter 58 36,809 14,026 0 Section 49.126 Fugitive particulate matter 111 17,901 6,821 21,344 Section 49.127 Woodwaste burners 5 669 255 0 Section 49.128 Particulate matter emissions from wood products industry sources 0 0 0 0 Section 49.129 Sulfur dioxide 45 7,486 2,853 0 Section 49.130 Sulfur content of fuels 53 3,041 1,159 2,027 Section 49.131 Open burning 39 2,238 853 1,492 Section 49.132a General open burning permits 293 5,604 2,135 5,546 first 2 years, 7,459 beginning third year Section 49.133a Agricultural burning permits 340 6,503 2,478 9,180 first 2 years, 13,005 beginning third year Section 49.134a Forestry and silvicultural burning permits 90 1,721 656 765 first 2 years, 1,148 beginning third year Section 49.135 Emissions detrimental to human health or welfare 0 0 0 0 Section 49.136 Emissions detrimental to persons, property, cultural or traditional resources 0 0 0 0 Section 49.137 Air pollution episodes 0 0 0 0 Section 49.138b Registration of air pollution sources and reporting of emissions 118 113,756 43,347 0 Section 49.139 Rule for non Title V operating permits 45 13,196 5,028 0 Totalsc, d 1,302 217,587 82,912 47,326 first 2 years, 53,446 third year a Burn permits for the Nez Perce reservation are required in the first year after implementation, but not until the third year for the Confederated Tribes of the Umatilla reservation. b Recurring burden for re registration would not begin during the first three years after implementation because initial registration occurs in the third year. Beginning in the fourth year, the recurring cost of Section 49.138 is estimated to total $ 1,989 per year.

c Columns may not sum to totals due to rounding. Dd The total recurring cost is estimated to increase slightly to $ 55,435 annually after all rules are fully phased in. This estimated cost after all rules are phased in was used to calculate the economic impacts of the rule in the EIA ( EPA, 2004). 34 Estimating Labor Costs This ICR employs wage rates based on first quarter 2003 wage data from the Bureau of Labor Statistics ( BLS, 2003). Table 7 displays the calculation of the loaded ( e. g., including overhead) industry wage rate for affected source activities. Based on this calculation, the loaded wage rate used to calculate affected source costs is $ 38.25 per hour. Details on the costing methods and assumptions are given below.

Section 49.124  Rules for limiting visible emissions. Labor costs for each affected facility ( 105) to read the rule ( 1 hour each) are included. Region 10 estimates that most of the necessary opacity readings will be performed by EPA staff. Based on EPA Region 10 experience and initial consultation with sources, we are assuming that only two sources will train an employee to perform opacity readings as per EPA Method 9 during the first three years of implementation. First time certification is estimated to take three days of training. Six month re certification is estimated to take 2 days. Travel time is assumed to be half a day to and from the training facility ( within Region 10).

Section 49.125  Particulate matter. Based on experience and initial consultation with sources, Region 10 is assuming that up to 6 facilities will need to test one source via EPA Method 5 during the first three years following implementation. Costs for all 58 affected facilities to review the rule ( 1 hour each) are included. Labor cost is estimated for Table 7 Determination of Source Wage Rates Annual Salary, Technical Support ( 1st quarter 2003) a $ 42,180.00 Annual Salary, Administrative Staff ( 1st quarter 2003) a $ 63,780.00 Factor ( 1/ 11) b 0.091 $ 5,798.18 Annual Cost of Admin. Support Staff ( 1st quarter 2003) a $ 26,760.00 Factor ( 1/ 8) b 0.125 $ 3,345.00 Annual Applicable Salary of Permit Staff $ 51,323.18 Benefits ( assuming 38 percent of salary) c $ 19,502.81 General Overhead ( assuming 17 percent of salary) $ 8,724.94 Total Cost Per FTE $ 79,550.93 Total Hourly Cost ( Total Per FTE divided by 2,080 hours per year) $ 38.25 a U. S. Bureau of Labor Statistics ( BLS). 2003. Employer Costs for Employee Compensation. Series IDs CCU 220000111000D, CCU 22000011200d, and CCU 22000011400D. Used compensation for the technical; executive, administrative, and managerial; and administrative support, including clerical categories for the technical support, administrative staff, and administrative support staff, respectively. b Based on an administrator managing a staff of 10 technicians and one support staff person, consistent with the ICR for the Part 71 Operating Permits rule ( OMB# 2060 0336). c Based on U. S. Bureau of Labor Statistics ( BLS). 2003. Employer Costs for Employee Compensation. Series IDs CCU 220000111000D, CCU 22000011200d, and CCU 22000011400D. 35 contacting source test firms and reviewing bids ( 12 hours), supervising the source test ( 6 hours), and reviewing the final report ( 2 hours).

Section 49.126  Fugitive particulate matter. Each affected facility ( 72) will read the rule ( 0.5 hour each). Labor cost is estimated for each affected facility to prepare a PM Control Plan ( 6 hours each). Affected facilities were divided into two tiers based on the likely number of fugitive PM sources: simple ( e. g., one source or multiple common sources) and complex ( e. g., multiple different sources). Each affected facility will prepare yearly updates to the plan, as necessary. For simple sources, the burden for each yearly update is estimated to be one hour. For complex facilities, the burden is estimated to be 2 hours.

In addition to affected facilities, construction and demolition contractors will prepare a PM Control Plan for each project on Tribal lands ( 8 hours each). Based on EPA Region 10 experience and initial consultation with sources, we are assuming that only one project per reservation per year will be subject to this rule during the first three years of implementation, for a total of 39 projects per year. Contractors will also conduct monthly surveys of PM sources ( 1 hour each). It is assumed that each construction project will last 12 weeks.

Section 49.127  Woodwaste burners. There are no woodwaste burners known to be operating on either the Colville or the Nez Perce reservations, the two reservations for which this rule will apply. Therefore, there are no costs associated with switching to alternative means of woodwaste disposal. However, Region 10 estimates that up to 5 facilities will need to dismantle woodwaste burners ( located on their sites, although no longer in use). Labor costs are estimated for each affected facility to read the rule ( 0.5 hour each), prepare a burner dismantling plan ( 0.5 hour each), dismantle the burner ( 2 hours), and submit a notice of activity completion ( 0.5 hour each).

Section 49.128  Particulate matter emissions from wood products industry sources. One facility has been identified that manufactures materials listed in the rule. However, no costs are expected to apply to this rule and an ICR is not required because there is only one affected facility.

Section 49.129  Sulfur dioxide. Region 10 estimates that 1 facility will need to test one source via EPA Method 6 during the first three years following implementation. Costs for all 45 affected facilities to review the rule ( 1 hour each) are included. Labor cost is estimated for contacting source test firms and reviewing bids ( 12 hours), supervising the source test ( 6 hours), and reviewing the final report ( 2 hours).

Section 49.130  Sulfur content of fuels. Costs for each affected facility ( 53) to read the rule ( 1 hour each) are included. Labor for contacting fuel distributors and requesting fuel sulfur content documentation for each facility ( 0.5 hour) is included. Labor associated with recurrent recordkeeping is also included ( 0.25 hours per occurrence per facility; fuel received on a quarterly basis is assumed). If fuel suppliers are unable to provide documentation verifying the fuel sulfur content, then respondents will need to sample and test the fuel to ensure it meets the fuel sulfur content requirements. However, to EPA's knowledge, fuel sulfur content data are readily available from all distributors. Thus, it was assumed that no sources will need to perform tests of fuel sulfur content to verify 36 compliance. In addition, based on EPA Region 10 experience and initial consultations with the sources, it was assumed that the fuel currently used on reservations already satisfies the fuel content requirement of the rule. Thus, sources will not have to switch to different fuel distributors and will not incur increased fuel costs.

Section 49.131  Open burning. The number of affected facilities ( 39) was estimated by assuming that there is one FPS per reservation. Costs for each affected facility to read the rule ( 0.5 hour each) are included. Costs for requesting Regional Administrator permission to perform burning of houses for training purposes was estimated by assuming one such activity per reservation per year. For the first year of implementation, one hour is estimated per reservation for the initial contact to the Regional Administrator ( to gain familiarity with the information needs of the Regional Administrator). After the first year, for each activity, one hour is estimated for contacting the Regional Administrator and gathering information to support the request.

Section 49.132  General open burning permits. Respondents include any citizen who wishes to conduct an open burn. However, the subset of the population likely to conduct an open burn are citizens with sufficient land holdings to accumulate large volumes of vegetative debris. Region 10 estimated that there are 217 people on the Nez Perce reservation and 76 people on the Umatilla reservation that would be affected by this rule. It was assumed that 145 people from the Nez Perce reservation and 50 people from the Umatilla reservation would submit burn permits each year after the rule is implemented on their reservation. Based on the implementation schedule, it was assumed that people on the Nez Perce reservation would begin incurring costs of obtaining permits in the first year after implementation, while those on the Umatilla reservation would begin incurring costs in the third year. Labor costs are estimated for each respondent to read the rule ( 0.5 hour each), and submit information required to obtain a burn permit ( 1 hour per permit).

Section 49.133  Agricultural burning permits. The number of respondents ( 340) is assumed to be the entire population of farmers since they are likely to burn crops annually. EPA Region 10 estimated that there are 240 affected people on the Nez Perce reservation and 100 affected people on the Umatilla reservation. As for Section 49.132, the rule is implemented at a later date for the Umatilla reservation than the Nez Perce reservation. Thus, the respondents from the Umatilla reservation are assumed to have no costs for requiring burn permits until the third year after implementation. Labor costs are estimated for each respondent to read the rule ( 0.5 hour each), and submit information required to obtain a burn permit ( 1 hour per permit).

Section 49.134  Forestry and silvicultural burning permits. The number of respondents ( 90) required to read the rule is assumed to be the entire population of forested landowners. Harvesting for a given area is assumed to occur once in a 50 year cycle, therefore, only 30 respondents are estimated to conduct a burn per year. It is estimated that 20 of these respondents are on the Nez Perce reservation and 10 are on the Umatilla reservation. As for 49.132 and 49.133, the rule is implemented at a later date for the Umatilla. Thus, respondents from that reservation are assumed to incur no costs for obtaining burn permits until the third year after implementation. Labor costs are estimated for each respondent to read the rule ( 0.5 hour each), and submit information required to obtain a burn permit ( 1 hour per permit). 37 Section 49.135  Emissions detrimental to human health or welfare. No respondent burden associated with this rule.

Section 49.136  Emissions detrimental to persons, property, cultural or traditional resources. No respondent burden associated with this rule.

Section 49.137  Air pollution episodes. No respondent burden associated with this rule.

Section 49.138  Registration of air pollution sources and reporting of emissions. Labor is included for 118 affected facilities to read the rule ( 1 hour each). The affected facilities were divided into two tiers for this rule: a simple facility tier ( e. g., facilities with one source); and a moderately complex tier ( multiple sources, more complex processes). Facilities considered to be complex would be Title V permit sources; these sources will use what they prepare for Title V compliance in the registration program and are not expected to incur additional costs. For each affected facility in the simple tier, Region 10 estimates that 8 hours will be needed to prepare the initial registration. For moderately complex facilities, an estimate of 40 hours was used to estimate the burden in preparing the initial registration.

Recurring costs would include labor to prepare administrative modifications to the registration ( 6% of the affected facilities at 2 hours each). In addition, each year another 6% of the facilities are estimated to prepare minor modifications to the registration ( these 6% estimates are taken from the ICR for Part 71 Operating Permits). Labor to prepare minor modifications to the registration is estimated to be 8 hours for moderately complex facilities and 2 hours for simple facilities. However, these costs are not included in our calculations of the burden and costs associated with the ICR because they would not be incurred within the first three years of rule implementation. Initial registrations are due in the third year after implementation. Thus, recurring costs associated with modifications are expected to begin in the fourth year after rule implementation. These recurring costs are included in the EIA to assess the impacts after the rules are fully phased in ( EPA, 2004).

Section 49.139  Rule for non Title V operating permits. One hour of labor for staff at 45 affected facilities was included for reading the rule. Region 10 estimates that 15 facilities will apply for permits in the first three years of implementation. The application is estimated to require 20 hours to prepare for each facility, since much of the needed information will have been gathered during registration under rule 49.137.

Estimating Non Labor Expenses Non labor expenses include source testing and costs ( other than labor) associated with EPA Method 9 certification.

Section 49.124  Visible emissions. These costs include a first time EPA Method 9 certification training cost of $ 350 per facility. Re certification training is estimated to cost $ 225 per facility. Travel cost is estimated at $ 300 per training session. Per diem cost is 38 based on Seattle CONUS rates. Region 10 estimates that 2 facilities will certify their own staff for EPA Method 9 opacity readings.

Section 49.125  Particulate matter. The cost per EPA Method 5 source test is estimated to be $ 5,000. Region 10 estimates that 6 facilities will conduct tests during the first three years of implementation.

Section 49.126  Fugitive particulate matter. None.

Section 49.127  Woodwaste burners. None.

Section 49.128  Particulate matter emissions from wood products industry sources. None.

Section 49.129  Sulfur dioxide. The cost per EPA Method 6 source test is estimated to be $ 5,000. Region 10 estimates that 1 facility will conduct a test during the first three years of implementation.

Section 49.130  Sulfur content of fuels. None.

Section 49.131  Open burning. None.

Section 49.132  General open burning permits. None.

Section 49.133  Agricultural burning permits. None.

Section 49.134  Forestry and silvicultural burning permits. None.

Section 49.135  Emissions detrimental to human health or welfare. None.

Section 49.136  Emissions detrimental to persons, property, cultural or traditional resources. None.

Section 49.137  Air pollution episodes. None.

Section 49.138  Registration of air pollution sources and reporting of emissions. None.

Section 49.139  Rule for non Title V operating permits. None.

6( c) Estimating Agency Burden and Cost EPA's average annual burden and costs that relate to this collection are summarized in Table 8. Region 10 estimates that 3.75 full time equivalents ( FTE) will be needed to carry out EPA reporting and recordkeeping responsibilities for all of the FIP rules during the first year of implementation. For the second and third years, 4.25 and 4.75 FTE, respectively, are estimated for these same responsibilities due to phasing in of the registration and burn permits rules. An hourly rate of $ 44.61 was used to estimate costs. Table 9 shows the calculation of this hourly rate. 39 EPA activities include responding to questions on FIP rules from regulated entities. In addition, Region 10 staff will be reviewing reports, registrations, and applications submitted in response to the FIP rules ( especially rules 49.138 and 49.139).

6( d) Estimating the Respondent Universe and Total Burden and Costs The respondent universe for each FIP rule is given in Tables 5 and 6 above. The number of respondents was estimated from an emission inventory and subsequent investigations by Region 10. Note that these estimates include all entities regulated under each rule and that not all facilities have the same ICR burden. For example, in Rule 49.125, there is a total universe of 58 facilities; however, only 6 are estimated to conduct source testing during the first 3 years of implementation. Table 8 EPA Average Annual Burden and Costsa Total Hours $/ Hour Annual EPA Cost 8,840 $ 44.61 $ 394,352 a This estimate reflects an average EPA burden of 4.25 FTE annually over the first three years after implementation.

Table 9 Determination of Federal Wage Rates Annual Salary of Permit Staff, GS 11 Step 3 ( FY 03 Schedule) a $ 45,842.00 Annual Cost of Supervisory Staff, GS 13 Step 3 ( FY 03 Schedule) a $ 65,335.00 Factor ( 1/ 11) b 0.091 $ 5,939.55 Annual Cost of Support Staff, GS 6 Step 6 ( FY 03 Schedule) a $ 30,485.00 Factor ( 1/ 8) b 0.125 $ 3,810.63 Annual Applicable Salary of Permit Staff $ 55,592.17 Benefits ( assuming 38 percent of salary) $ 21,125.02 General Overhead ( assuming 17 percent of salary) $ 16,071.31 Total Cost Per FTE $ 92,788.50 Total Hourly Cost ( Total Per FTE divided by 2,080 hours per year) $ 44.61 a U. S. Office of Personnel Management ( OPM). 2003. " Salary Table 2003 GS: 2003 General Schedule." < http:// www. opm. gov/ oca/ 03tables/ html/ gs. asp>. As obtained in September 2003. b Based on an administrator managing a staff of 10 technicians and one support staff person, consistent with the ICR for the Part 71 Operating Permits rule ( OMB# 2060 0336). 40 6( e) Bottom Line Burden Hours and Cost Tables The total respondent universe in Table 10 refers to the total number of entities expected to be affected by the FIP rules. As stated above, this includes facilities that will probably not have a significant burden ( e. g., those that are regulated by a rule, but do not incur a burden for reporting or recordkeeping requirements). The total annual hours for respondents was estimated by taking the total hours for one time items and dividing by 3, and then adding the result to the annual recurring hours, adjusting for changes in recurring burden during the first three years where appropriate ( see Table 5). The annual total cost for respondents given in Table 10 was estimated by adding the annualized cost for one time items to the average recurring annual costs over the first three years.

Table 10 Total Estimated Annual Burden and Cost Summary Number of Respondentsa Number of Activitiesb Total Hours Per Yearc Total Labor Costs Per Yeard Total Annual Non Labor Expensese Respondents 434 1,561 2,777 $ 114,803 $ 17,475 EPA n/ a n/ a 8,840 $ 394,352 n/ a TOTAL 434 1,561 11,617 $ 509,155 $ 17,475 a Includes the total number of entities affected by each rule divided by 3. Some facilities may be affected by more than one rule. b Activities are the maximum number per year and include performing source tests and preparing registrations, control plans, and permit applications. c Total hours include one time hours during the first three years of implementation divided by 3, plus recurring annual hours that are expected to be incurred during the first three years after implementation. d Total labor costs include annualized one time item labor plus the recurring annual labor costs during the first three years after implementation. Note that the total labor cost per year for respondents ($ 114,803) is a bit lower than the $ 120,872 estimated in the EIA for this rule ( EPA, 2004). The reason for this difference is that the EIA examines the costs after all rules are fully phased in, whereas the cost estimate used in this ICR supporting statement reflects actual costs expected over the first three years following rule implementation. e The non labor costs for this rule consist of annualized costs for EPA Method 9 certification training under Section 49.124, conducting EPA Method 5 source tests under Section 49.125, and conducting EPA Method 6 source tests under Section 49.129. EPA Region 10 estimates that 2 facilities will certify staff members for EPA Method 9 opacity readings, 6 facilities will conduct EPA Method 5 source tests, and 1 facility will conduct an EPA Method 6 source test during the first three years following rule implementation. 41 6( f) Reasons for Change in Burden Not applicable.

6( g) Burden Statement Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 1.8 hours per response. Table 11 presents the average annual respondent burden for each FIP rule ( i. e., burden for the entire respondent population by rule). Separate estimates are provided for reporting and recordkeeping. For the Tribal FIP rules, reporting requirements are limited to rules 49.131 ( open burning), 49.138 ( registration of sources) and 49.139 ( non Title V permit applications). Note that there is only a reporting schedule for 49.138. For the other two rules, reporting is only performed when there is a need to comply with requirements of the rule ( e. g., notification of training burns for FPS). For the remaining rules with ICR burden, the burden is limited to recordkeeping ( e. g., source test results, fuel sulfur content, PM control plans).

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. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

EPA has established a public docket for this ICR under Docket ID No. OAR 2004 0067, which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Air Docket is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. 42 Table 11 Average Annual Respondent Burden Across Total Respondent Population FIP Rule ( 40CFR Section) Average Respondent Burden ( hours/ yr) a, b Reporting Recordkeeping Total Burden 49.122 0 0 0 49.123 0 0 0 49.124 0 152 152 49.125 0 59 59 49.126 0 714 714 49.127 6 0 6 49.128 n/ a n/ a n/ a 49.129 0 22 22 49.130 0 80 80 49.131 59 0 59 49.132c 211 0 211 49.133c 330 0 330 49.134c 38 0 38 49.135 n/ a n/ a n/ a 49.136 n/ a n/ a n/ a 49.137 n/ a n/ a n/ a 49.138c 991 0 991 49.139 115 0 115 a Annual estimated by adding annual recurrent hours to one time item labor hours divided by 3, adjusting for changes in recurring burden during the first three years where appropriate. b Rules for which an ICR was not prepared are designated as n/ a. c The average annual burden for these sections over the first three years is slightly lower than in future years because they are being phased in. The burdens used in the EIA for these four sections are 244 hours ( 49.132), 280 hours ( 49.133), 397 hours ( 49.134), and 1,043 hours ( 49.138) to reflect estimated burdens after the rules are fully phased in ( EPA, 2004). R 1 References U. S. Bureau of Labor Statistics ( BLS). 2003. Employer Costs for Employee Compensation. Series IDs CCU 220000111000D, CCU 22000011200d, and CCU 22000011400D.

U. S. Environmental Protection Agency ( EPA). 2004. " Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon, and Washington." Washington, DC: EPA.

U. S. Office of Personnel Management ( OPM). 2003. " Salary Table 2003 GS: 2003 General Schedule." < http:// www. opm. gov/ oca/ 03tables/ html/ gs. asp>. As obtained in September 2003. Appendix A Selections of the U. S. Standard Industrial Classification ( SIC) Code Matched to the North American Industry Classification System ( NAICS) Code A 1 Table A 1. Selections of the U. S. Standard Industrial Classification ( SIC) Code matched to the North American Industry Classification System ( NAICS) Code SIC Code SIC Code Description NAICS Code NAICS Description 0119 Cash Grains, NEC Dry Pea and Bean Farms 11113 Dry Pea and Bean Farming Oilseed, Except Soybean, Farms 11112 Oilseed ( except Soybean) Farming Popcorn Farms 11115 Corn Farming ( pt) Combination Oilseed and Grain Farms 111191 Oilseed and Grain Combination Farming Other Farms 111199 All Other Grain Farming 0139 Field Crops, Except Cash Grains, NEC Hay Farms 11194 Hay Farming Peanut Farming 111992 Peanut Farming Sweet Potatoes and Yam Farms 111219 Other Vegetable ( except Potato) and Melon Farming ( pt) Other Field Crop Farms 111998 All Other Miscellaneous Crop Farming ( pt) 0181 Ornamental Floriculture and Nursery Products Floriculture Farming 111422 Floriculture Production Nursery Farming 111421 Nursery and Tree Production ( pt) 0191 General Farms, Primarily Crop 111998 All Other Miscellaneous Crop Farming ( pt) 0211 Beef Cattle Feedlots 112112 Cattle Feedlots 0241 Dairy Farms Dairy Heifer Replacement Farms 112111 Beef Cattle Ranching and Farming ( pt) Dairy Farms 11212 Dairy Cattle and Milk Production 0252 Chicken Eggs 11231 Chicken Egg Production 0291 General Farms, Primarily Livestock and Animal Specialties 11299 All Other Animal Production ( pt)

0723 Crop Preparation Services For Market, except Cotton Ginning Other 115114 Postharvest Crop Activities ( except Cotton Ginning) Custom Grain Grinding 311119 Other Animal Food Manufacturing ( pt) 0912 Finfish 114111 Finfish Fishing 0913 Shellfish 114112 Shellfish Fishing 0921 Fish Hatcheries and Preserves Finfish Hatcheries 112511 Finfish Farming and Fish Hatcheries ( pt) Shellfish Hatcheries 112512 Shellfish Farming ( pt) 1094 Uranium Radium Vanadium Ores 212291 Uranium Radium Vanadium Ore Mining 1311 Crude Petroleum and Natural Gas 211111 Crude Petroleum and Natural Gas Extraction ( continued) A 2 Table A 1. Selections of the U. S. Standard Industrial Classification ( SIC) Code matched to the North American Industry Classification System ( NAICS) Code ( continued)

SIC Code SIC Code Description NAICS Code NAICS Description 1422 Crushed and Broken Limestone 212312 Crushed and Broken Limestone Mining and Quarrying 1429 Crushed and Broken Stone, NEC 212319 Other Crushed and Broken Stone Mining and Quarrying ( pt) 1442 Construction Sand and Gravel 212321 Construction Sand and Gravel Mining 1611 Highway and Street Construction, Except Elevated Highways 23411 Highway and Street Construction ( pt)

1761 Roofing, Siding, and Sheet Metal Work 23561 Roofing, Siding, and Sheet Metal Contractors 1799 Special Trade Contractors, NEC Paint and Wallpaper Stripping and Wallpaper Removal Contractors 23521 Painting and Wall Covering Contractors ( pt) Tinted Glass Work 23592 Glass and Glazing Contractors ( pt) Asbestos Abatement and Lead Paint Removal Contractors 23591 Remediation Services ( pt)

All Other Special Trade Contractors 23599 All Other Special Trade Contractors 2011 Meat Packing Plants 311611 Animal ( except Poultry) Slaughtering ( pt) 2033 Canned Fruits, Vegetables, Preserves, Jams, and Jellies 311421 Fruit and Vegetable Canning ( pt)

2037 Frozen Fruits, Fruit Juices, and Vegetables 311411 Frozen Fruit, Juice, and Vegetable Manufacturing 2043 Cereal Breakfast Foods Coffee Substitute 31192 Coffee and Tea Manufacturing ( pt) Breakfast Cereal 31123 Breakfast Cereal Manufacturing 2062 Cane Sugar Refining 311312 Cane Sugar Refining 2063 Beet Sugar 311313 Beet Sugar Manufacturing 2087 Flavoring Extracts and Flavoring Syrups NEC Coffee Flavoring and Syrups 31192 Coffee and Tea Manufacturing ( pt) Flavoring Syrup and Concentrate, Except Coffee 31193 Flavoring Syrup and Concentrate Manufacturing Flavoring Extracts, Except Coffee, and Natural Food Colorings 311942 Spice and Extract Manufacturing ( pt)

Powdered Drink Mix 311999 All Other Miscellaneous Food Manufacturing ( pt) 2091 Canned and Cured Fish and Seafood 311711 Seafood Canning ( pt) 2092 Prepared Fresh or Frozen Fish and Seafoods 311712 Fresh and Frozen Seafood Processing ( pt) 2411 Logging 11331 Logging ( continued) A 3 Table A 1. Selections of the U. S. Standard Industrial Classification ( SIC) Code matched to the North American Industry Classification System ( NAICS) Code ( continued)

SIC Code SIC Code Description NAICS Code NAICS Description 2421 Sawmills and Planing Mills, General Lumber Manufacturing from Purchased Lumber, Softwood Cut Stock, Wood Lath and Planing Mill Products 321912 Cut Stock, Resawing Lumber, and Planing ( pt)

Sawmills 321113 Sawmills ( pt) Softwood Flooring 321918 Other Millwork ( including Flooring) ( pt) Kiln Drying 321999 All Other Miscellaneous Wood Product Manufacturing ( pt) 2426 Hardwood Dimension and Flooring Mills Hardwood Flooring 321918 Other Millwork ( including Flooring) ( pt) Wood Furniture Frames 337215 Showcase, Partition, Shelving, and Locker Manufacturing ( pt) Hardwood Dimension Lumber Made From Logs and Bolts 321113 Sawmills ( pt)

Other Hardwood Dimension Except Flooring 321912 Cut Stock, Resawing Lumber, and Planing ( pt) 2429 Special Product Sawmills, NEC Shingle Mills, Shakes 321113 Sawmills ( pt) Stave Manufacturing from Purchased Lumber 321912 Cut Stock, Resawing Lumber, and Planing ( pt) Cooperage Stock 32192 Wood Container and Pallet Manufacturing ( pt) Excelsior and Cooperage Headings 321999 All Other Miscellaneous Wood Product Manufacturing ( pt) 2431 Millwork Wood Windows and Doors 321911 Wood Window and Door Manufacturing Except Wood Windows and Doors 321918 Other Millwork ( including Flooring) ( pt) 2434 Wood Kitchen Cabinets 337110 Wood Kitchen Cabinet and Countertop Manufacturing ( pt) 2436 Softwood Veneer and Plywood 321212 Softwood Veneer and Plywood Manufacturing 2491 Wood Preserving 321114 Wood Preservation 2656 Sanitary Food Containers, Except Folding 322215 Nonfolding Sanitary Food Container Manufacturing 2711 Newspapers: Publishing, or Publishing and Printing 51111 Newspaper Publishers 2741 Miscellaneous Publishing Database Publishing 51114 Database and Directory Publishers ( pt) ( continued) A 4 Table A 1. Selections of the U. S. Standard Industrial Classification ( SIC) Code matched to the North American Industry Classification System ( NAICS) Code ( continued)

SIC Code SIC Code Description NAICS Code NAICS Description 2741 ( cont) Shopping News 51112 Periodical Publishers ( pt) Technical Manuals and Books 51113 Book Publishers ( pt) Sheet Music Publishers 51223 Music Publishers ( pt) Miscellaneous Publishing, Except Database, Shopping News, Technical Manuals and Books, and Sheet Music 511199 All Other Publishers 2819 Industrial Inorganic Chemicals, NEC Recovering Sulfur from Natural Gas 211112 Natural Gas Liquid Extraction ( pt) Activated Carbon and Charcoal 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing ( pt) Alumina 331311 Alumina Refining Inorganic Dyes 325131 Inorganic Dye and Pigment Manufacturing ( pt) Other 325188 All Other Basic Inorganic Chemical Manufacturing ( pt) 2873 Nitrogenous Fertilizers 325311 Nitrogenous Fertilizer Manufacturing 2875 Fertilizers, Mixing Only 325314 Fertilizer ( Mixing Only) Manufacturing 2899 Chemicals and Chemical Preparations, Not Elsewhere Classified Frit 32551 Paint and Coating Manufacturing ( pt) Table Salt 311942 Spice and Extract Manufacturing ( pt) Fatty Acids 325199 All Other Basic Organic Chemical Manufacturing ( pt) Other 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing ( pt) 2911 Petroleum Refining 32411 Petroleum Refineries 2951 Asphalt Paving Mixtures and Blocks 324121 Asphalt Paving Mixture and Block Manufacturing 3089 Plastics Products NEC Pipe Fittings 326122 Plastics Pipe and Pipe Fitting Manufacturing ( pt) Plastics Sausage Casings 326121 Unsupported Plastics Profile Shape Manufacturing ( pt) Finished Plastics Furniture Parts 337215 Showcase, Partition, Shelving, and Locker Manufacturing ( pt) Other 326199 All Other Plastics Product Manufacturing ( pt) ( continued) A 5 Table A 1. Selections of the U. S. Standard Industrial Classification ( SIC) Code matched to the North American Industry Classification System ( NAICS) Code ( continued)

SIC Code SIC Code Description NAICS Code NAICS Description 3253 Ceramic Wall & Floor Tile 327122 Ceramic Wall and Floor Tile Manufacturing 3272 Concrete Products, Except Block and Brick Dry Mixture Concrete 327999 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing ( pt) Concrete Pipes 327332 Concrete Pipe Manufacturing Other Concrete Products 32739 Other Concrete Product Manufacturing 3273 Ready Mixed Concrete 32732 Ready Mix Concrete Manufacturing 3275 Gypsum Products 32742 Gypsum Product Manufacturing ( pt) 3324 Steel Investment Foundries 331512 Steel Investment Foundries 3325 Steel Foundries NEC 331513 Steel Foundries ( Except Investment) 3411 Metal Cans 332431 Metal Can Manufacturing 3444 Sheet Metal Work Duets, Flumes, Flooring, Siding, Dampers, etc. 332322 Sheet Metal Work Manufacturing Metal Bins and Vats 332439 Other Metal Container Manufacturing ( pt) Cooling Towers 333414 Heating Equipment ( except Warm Air Furnaces) Manufacturing ( pt) 3446 Architectural and Ornamental Metal Work 332323 Ornamental and Architectural Metal Work Manufacturing ( pt) 3452 Bolts, Nuts, Screws, Rivets, and Washers 332722 Bolt, Nut, Screw, Rivet, and Washer Manufacturing ( pt) 3479 Coating, Engraving, and Allied Services, NEC Jewelry Engraving and Etching, Costume Jewelry 339914 Costume Jewelry and Novelty Manufacturing ( pt) Jewelry Engraving and Etching, Precious Metal 339911 Jewelry ( except Costume) Manufacturing ( pt) Silverware and Flatware Engraving and Etching 339912 Silverware and Hollowware Manufacturing ( pt) Other Coating, Engraving and Allied Services 332812 Metal Coating, Engraving ( except Jewelry and Silverware), and Allied Services to Manufacturers 3531 Construction Machinery and Equipment Railway Track Maintenance Equipment 33651 Railroad Rolling Stock Manufacturing ( pt) Winches, Aerial Work Platforms, and Automotive Wrecker Hoists 333923 Overhead Traveling Crane, Hoist, and Monorail System Manufacturing ( pt) Other Construction Machinery and Equipment 33312 Construction Machinery Manufacturing ( continued) A 6 Table A 1. Selections of the U. S. Standard Industrial Classification ( SIC) Code matched to the North American Industry Classification System ( NAICS) Code ( continued)

SIC Code SIC Code Description NAICS Code NAICS Description 3721 Aircraft Research and Development 54171 Research and Development in the Physical, Engineering, and Life Sciences ( pt) Except Research and Development 336411 Aircraft Manufacturing ( pt) 3731 Ship Building and Repairing Ship Building and Repairing Except Floating Dry Docks Not Associated with Ship Yards 336611 Ship Building and Repairing Floating Dry Docks Not Associated with Ship Yards 48839 Other Support Activities for Water Transportation ( pt) 3732 Boat Building and Repairing Locomotive Fuel Lubricating or Cooling Medium Pumps 333911 Pump and Pumping Equipment Manufacturing ( pt) Other Railroad Equipment 33651 Railroad Rolling Stock Manufacturing ( pt) 4221 Farm Product Warehousing and Storage 49313 Farm Product Warehousing and Storage 4222 Refrigerated Warehousing and Storage 49312 Refrigerated Warehousing and Storage ( pt) 4499 Water Transportation Services, NEC Boat and Ship Rental 532411 Commercial Air, Rail, and Water Transportation Equipment Rental and Leasing ( pt) Lighthouse and Canal Operations 48831 Port and Harbor Operations ( pt) Marine Salvage and Piloting Vessels In and Out of Harbors 48833 Navigational Services to Shipping ( pt) Other 48839 Other Support Activities for Water Transportation ( pt) 4911 Electric Services Hydroelectric Power Generation 221111 Hydroelectric Power Generation ( pt) Electric Power Generation by Fossil Fuels 221112 Fossil Fuel Electric Power Generation ( pt) Electric Power Generation by Nuclear Fuels 221113 Nuclear Electric Power Generation ( pt) Other Electric Power Generation 221119 Other Electric Power Generation ( pt) Electric Power Transmission and Control 221121 Electric Bulk Power Transmission and Control ( pt) Electric Power Distribution 221122 Electric Power Distribution ( pt) ( continued) A 7 Table A 1. Selections of the U. S. Standard Industrial Classification ( SIC) Code matched to the North American Industry Classification System ( NAICS) Code ( continued)