commercial properties, as well as roads and other sensitive areas that
could be affected by the smoke from the burning.
    (vi) The type and quantity of forestry or silvicultural debris or
material proposed to be burned and the area over which burning will be
conducted.
    (vii) A description of the burning method(s) to be used (pile burn,
broadcast burn, windrow burn, understory burn, etc.), the amount of
material to be burned with each method, and the means of ignition.
    (viii) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water
and firebreaks.
    (ix) The requested date(s) when the proposed forestry or
silvicultural burning would be conducted.
    (x) Any other information specifically requested by the Regional
Administrator.
    (2) At least 1 business day prior to the requested date of a
proposed forestry or silvicultural burn, the person conducting the burn
must contact the Regional Administrator as specified in the forestry or
silvicultural open burning permit to request approval to burn. If the
proposed forestry or silvicultural burning is consistent with this
section and Sec.  49.131 or the applicable EPA-approved Tribal open
burning rule as specified in the applicable implementation plan for the
reservation in subpart M of this part, the Regional Administrator may
approve the forestry or silvicultural burning for the requested day(s)
after taking into consideration relevant factors including, but not
limited to:
    (i) The size, duration, and location of the proposed burn, the
current and projected air quality conditions, the forecasted
meteorological conditions, and other scheduled burning activities in
the surrounding area;
    (ii) Other factors indicating whether or not the proposed forestry
or silvicultural burning can be conducted without causing or
contributing to an exceedance of a national ambient air quality
standard; and
    (iii) When relevant, other factors indicating whether or not the
proposed open burn can be conducted without causing any other adverse
impact on air quality.
    (3) The permit will authorize burning only for the date(s) and
time(s) approved for the burning to be conducted and will include any
conditions that the Regional Administrator determines are necessary to
ensure compliance with this section, Sec.  49.131 or the applicable
EPA-

approved Tribal open burning rule as specified in the applicable
implementation plan for the reservation in subpart M of this part, and
to protect the public health and welfare, including any monitoring,
recordkeeping and post-burn reporting requirements.
    (4) If any of the relevant factors in paragraph (d)(2) of this
section change after approval to conduct the forestry or silvicultural
burn, the Regional Administrator may contact the person conducting the
burn to revoke the approval and require the permittee to immediately
extinguish the fire if safe to do so, discontinue lighting the fire and
withhold additional material such that the fire burns down, as
applicable.
    (5) The Regional Administrator, to the extent practical, will
consult with and coordinate approvals to burn with the open burning
programs of surrounding jurisdictions.

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

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

Sec.  49.136  [Reserved]

Sec.  49.137  Rule for air pollution episodes.

    (a) What is the purpose of this section? This section establishes
procedures for addressing the excessive buildup of certain criteria air
pollutants. This section is intended to prevent the occurrence of an
air pollution emergency within an Indian reservation due to the effects
of these air pollutants on human health.
    (b) Who is affected by this section? This section applies to any
person who owns or operates an air pollution source within an Indian
reservation.
    (c) What are the requirements of this section? (1) Air pollution
action level triggers. Conditions justifying the issuance of an air
stagnation advisory or the declaration of an air pollution alert, air
pollution warning, or air pollution emergency exist whenever the
Regional Administrator determines that the accumulation of air
pollutants in any place is approaching, or has reached, levels that
could lead to a threat to human health. The following criteria will be
used for making these determinations:
    (i) Air stagnation advisory. An air stagnation advisory may be
issued by the Regional Administrator whenever meteorological conditions
over a large area are conducive to the buildup of air pollutants.
    (ii) Air pollution alert. An air pollution alert may be declared by
the Regional Administrator when the air quality levels are in the Air
Quality Index (AQI) Unhealthy category, or are projected to be in the
Unhealthy category within the next 72 hours, at any monitoring site and
the meteorological conditions are such that the levels are expected to
continue or reoccur over the subsequent 24 hours.
    (iii) Air pollution warning. An air pollution warning may be
declared by the Regional Administrator when the air quality levels are
in the AQI Very Unhealthy category, or are projected to be in the Very
Unhealthy category within the next 72 hours, at any monitoring site and
the meteorological conditions are such that the levels are expected to
continue or reoccur over the subsequent 24 hours.
    (iv) Air pollution emergency. An air pollution emergency may be
declared by the Regional Administrator when the air quality levels are
in the AQI Hazardous category, or are projected to be in the AQI
Hazardous category within the next 72 hours, at any monitoring site and
the meteorological conditions are such that the levels are expected to
continue or reoccur over the subsequent 24 hours.
    (v) AQI levels. The air quality levels for the AQI categories of
Unhealthy, Very Unhealthy and Hazardous are found in Table 2 of
appendix G to 40 CFR part 58.
    (vi) Termination. Once an air stagnation advisory is issued, or an
air pollution alert, air pollution warning, or air pollution emergency
is declared, it will remain in effect until the Regional Administrator
either terminates the advisory, alert, warning or emergency or makes a
different declaration.
    (2) Announcements by the Regional Administrator. The Regional
Administrator will post an announcement of an air stagnation advisory,
air pollution alert, air pollution warning or air pollution emergency
on the EPA Region 10 website and will consider other means to announce
the event, such as posting the announcement on Region 10's social media
and requesting Tribes within the affected area to post the announcement
on their websites. Delegated Tribes may use these and other similar
means to make announcements. These announcements will indicate that air
pollution levels exist or may occur that could potentially be harmful
to human health and indicate actions that people can take to reduce
exposure. The announcements will also request voluntary actions to
reduce emissions from sources of air pollutants as well as indicate
that a ban on open burning is in effect, as provided in paragraphs
(c)(3) and (4) of this section. Announcements of the termination of an
air stagnation advisory, air pollution alert, air pollution warning,
air pollution emergency or burn ban will be made in the same manner.
    (3) Voluntary curtailment of emissions by sources. Whenever the
Regional Administrator issues an air stagnation advisory or declares an
air pollution alert, air pollution warning, or air pollution emergency,
sources of air pollutants will be requested to take

voluntary actions to reduce emissions. People should refrain from using
their wood stoves and fireplaces unless they are their sole source of
heat. People should reduce their use of motor vehicles to the extent
possible. Industrial sources should curtail operations or switch to a
cleaner fuel if possible.
    (4) Mandatory curtailment of emissions by order of the Regional
Administrator. (i) Except for fires exempted under Sec.  49.131(c)(1),
(2), (3) or (4), all open burning is prohibited whenever:
    (A) The Regional Administrator issues an air stagnation advisory or
declares an air pollution alert, air pollution warning, or air
pollution emergency; or
    (B) A burn ban is declared pursuant to Sec.  49.131 or the
applicable EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part.
    (ii) Except for fires exempted under Sec.  49.131(c)(1) through
(4), any person conducting open burning when such an advisory is issued
or declaration is made must immediately extinguish the fire if safe to
do so, discontinue lighting the fire and withhold additional material
such that the fire burns down, as applicable.
    (iii) During an air pollution warning or air pollution emergency,
the Regional Administrator may issue an order to any air pollution
source requiring such source to curtail or eliminate the emissions.

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

    (a) What is the purpose of this section? This section allows the
Regional Administrator to develop and maintain a current and accurate
record of air pollution sources operating within an Indian reservation
and the emissions from such sources.
    (b) Who is affected by this section? This section applies to: (1)
Any person who owns or operates a part 71 source;
    (2) Any person who owns or operates an air pollution source
required to have a permit under the Federal Minor New Source Review
Program in Indian Country (Sec. Sec.  49.151 through 49.164);
    (3) Any person who owns or operates any air pollution source
required to have a permit under the Rule for non-Title V operating
permits (Sec.  49.139); and
    (4) Any person who owns or operates any other air pollution source
that has the potential to emit more than 2 tons per year of any air
pollutant listed in paragraph (e)(3)(xiii) of this section, except
those air pollution sources exempted in paragraph (c) of this section.
    (c) What is exempted from this section? This section does not apply
to the following air pollution sources that would otherwise be required
to register under paragraph (b)(iv) of this section:
    (1) Mobile sources;
    (2) Single-family residences and residential buildings with four or
fewer dwelling units;
    (3) Air conditioning units used for human comfort that do not
exhaust air pollutants into the atmosphere from any manufacturing or
industrial process;
    (4) Ventilating units used for human comfort that do not exhaust
air pollutants into the atmosphere from any manufacturing or industrial
process;
    (5) Furnaces and boilers used exclusively for space heating with a
rated heat input capacity of less than 400,000 Btu per hour;
    (6) Emergency generators, designed solely for the purpose of
providing electrical power during outages, provided the total maximum
manufacturer's site-rated horsepower of all units is below 1,000;
    (7) Stationary internal combustion engines with a manufacturer's
site rated horsepower of less than 50;
    (8) Cooking of food, except for wholesale businesses that both cook
and sell cooked food;
    (9) Consumer use of office equipment and products;
    (10) Janitorial services and consumer use of janitorial products;
    (11) Maintenance and repair activities, except for air pollution
sources engaged in the business of maintaining and repairing equipment;
    (12) Agricultural activities and forestry and silvicultural
activities, including agricultural burning and forestry and
silvicultural burning; and
    (13) Open burning.
    (d) What are the requirements of this section? Any person who owns
or operates an air pollution source subject to this section must
register the source with the Regional Administrator and submit reports.
The content and timing of submission of reports for a person who owns
or operates a part 71 source is specified in paragraph (f) of this
section. The content and timing of submission of reports for all other
sources is specified in paragraph (e) of this section. All registration
information and reports must be submitted via the FARR Online Reporting
System (FORS), unless prior written approval to submit such information
and reports in hard copy, paper or other format has been received from
EPA Region 10.
    (e) Are there additional requirements that must be met? Any person
who owns or operates an air pollution source subject to this section,
except for part 71 sources, must register an air pollution source and
submit reports as follows:
    (1) Initial registration. (i) The owner or operator of an air
pollution source located on an Indian reservation within Idaho, Oregon,
or Washington on or before June 7, 2005 (except for the Cowlitz Indian
Reservation, Snoqualmie Indian Reservations, lands held in trust for
the Samish Indian Nation and any land held in trust for a Tribe that
existed on June 7, 2005 and has not been formally designated as a
reservation) must register the air pollution source with the Regional
Administrator by no later than February 15, 2007.
    (ii) The owner or operator of a new air pollution source that
begins actual construction after June 7, 2005 on an Indian reservation
within Idaho, Oregon, or Washington (except for the Cowlitz Indian
Nation, Snoqualmie Indian Reservations, lands held in trust for the
Samish Indian Nation and any land held in trust for a Tribe that
existed on June 7, 2005 and has not been formally designated as a
reservation) must register the air pollution source with the Regional
Administrator within 90 days after beginning operation.
    (iii) The owner or operator of an air pollution source located on
the Cowlitz Indian Reservation, the Snoqualmie Indian Reservation,
lands held in trust for the Samish Indian Nation or any land held in
trust for a Tribe that has not been formally designated as a
reservation and that exists on [EFFECTIVE DATE OF FINAL RULE] must
register the air pollution source with the Regional Administrator by no
later than [6 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE].
    (iv) The owner or operator of a new air pollution source which
begins actual construction after [EFFECTIVE DATE OF FINAL RULE] on the
Cowlitz Indian Reservation, the Snoqualmie Indian Reservation, the
lands held in trust for the Samish Indian Nation or any land held in
trust for a Tribe that has not been formally designated as a
reservation must register the air pollution source with the Regional
Administrator within 90 days after beginning operation.
    (v) The owner or operator of an air pollution source located on
land that is taken into trust and becomes part of the Indian
reservation for an Indian Tribe after [EFFECTIVE DATE OF FINAL RULE]
must register the air pollution source with the Regional Administrator
by no later than 6 months after the date that the land is taken into
trust.
    (vi) The owner or operator of a new air pollution source which
begins actual

construction on land that is taken into trust and becomes part of the
Indian reservation for an Indian Tribe after [EFFECTIVE DATE OF FINAL
RULE] must register the air pollution source with the Regional
Administrator within 90 days after beginning operation.
    (vii) Submitting an initial registration does not relieve the owner
or operator from the requirement to obtain a permit to construct if the
new air pollution source would be a new source or modification subject
to any Federal or Tribal permit to construct rule.
    (2) Annual registration. After initial registration, the owner or
operator of an air pollution source must re-register with the Regional
Administrator by February 15 of each year. The annual registration must
include all of the information required in the initial registration and
must be updated to reflect any changes since the previous registration.
For information that has not changed since the previous registration,
the owner or operator may reaffirm via the FORS that the information
previously furnished to the Regional Administrator is still correct.
    (3) Information to include in initial registration and annual
registration. Each initial registration and annual registration must
include the following information if it applies:
    (i) Name of the air pollution source and the nature of the
business.
    (ii) Street address, email address and telephone number of the air
pollution source.
    (iii) Name, mailing address, email address and telephone number of
the owner.
    (iv) Name, mailing address, email address and telephone number of
the operator, if different from the owner.
    (v) Name, mailing address, email address and telephone number of
the local individual responsible for compliance with this section.
    (vi) Name, mailing address, email address and telephone number of
the individual authorized to receive requests for data and information.
    (vii) A description of the production processes, air pollution
control equipment, and a related flow chart.
    (viii) Identification of emission units and air pollutant-
generating activities.
    (ix) 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.
    (x) Type and quantity of fuels, including the sulfur content of
fuels, used on a daily, annual, and maximum hourly basis.
    (xi) Type and quantity of raw materials used or final product
produced on a daily, annual, and maximum hourly basis.
    (xii) Typical operating schedule, including number of hours per
day, number of days per week, and number of weeks per year.
    (xiii) Estimates (including all calculations for the estimates) of
total actual emissions from the air pollution source for the following
air pollutants: Particulate matter (PM), 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.
    (xiv) Estimated efficiency of air pollution control equipment under
present or anticipated operating conditions.
    (xv) Global Positioning System (GPS) coordinates taken at the front
entrance of the registered facility.
    (xvi) The North American Industry Classification System (NAICS)
code for the registered facility.
    (xvii) A copy of the most recent fugitive particulate matter survey
and current fugitive particulate matter plan as required under Sec.
49.126.
    (xviii) Any other information specifically requested by the
Regional Administrator.
    (4) Procedure for estimating emissions. The initial registration
and annual registration must include an estimate of actual emissions
taking into account equipment, operating conditions, and air pollution
control measures. For an existing air pollution source that operated
during the calendar year preceding the initial registration or annual
registration submittal, the actual emissions are the actual rate of
emissions for the preceding calendar year and must be calculated using
the actual operating hours, production rates, in-place control
equipment, and types of materials processed, stored, or combusted
during the preceding calendar year. For a new air pollution source that
is submitting its initial registration, the actual emissions are the
estimated actual rate of emissions for the current calendar year. The
emission estimates must be based upon actual test data or, in the
absence of such data, upon procedures acceptable to the Regional
Administrator. Any emission estimates submitted to the Regional
Administrator must be verifiable using currently accepted engineering
criteria. The following procedures are generally acceptable for
estimating emissions from air pollution sources:
    (i) Source-specific emission tests;
    (ii) Mass balance calculations;
    (iii) Published, verifiable emission factors that are applicable to
the source;
    (iv) Other engineering calculations; or
    (v) Other procedures to estimate emissions specifically approved by
the Regional Administrator.
    (5) Report of relocation. After initial registration, the owner or
operator of an air pollution source must report any relocation of the
source via the FORS at least 30 days prior to the relocation of the
source within an Indian reservation, or when relocating off of or on to
an Indian reservation. The report must update the information required
in paragraphs (e)(3)(i) through (v) of this section and, except when
relocating to a site off of an Indian reservation, paragraph
(e)(3)(viii) of this section and any other information required by
paragraph (e)(3) of this section if it will change as a result of the
relocation. Submitting a report of relocation does not relieve the
owner or operator from the requirement to obtain a permit to construct
if the relocation of the air pollution source would be a new source or
modification subject to any Federal or Tribal permit to construct rule.
    (6) Report of change of ownership. After initial registration, the
owner or operator of an air pollution source must report any change of
ownership via the FORS within 90 days after the change in ownership is
effective. The report must update the information required in
paragraphs (e)(3)(i) through (v) of this section, and any other
information required by paragraph (e)(3) of this section if it would
change as a result of the change of ownership.
    (7) Report of closure. Except for regular seasonal closures, after
initial registration, the owner or operator of an air pollution source
must submit a report of closure via the FORS within 90 days after the
cessation of all operations at the air pollution source. The report
must include the information required in paragraph (e)(3)(xiii) of this
section through the date of closure.
    (8) Certification of truth, accuracy, and completeness. All
registrations and reports must include a certification signed by the
owner or operator as to the truth, accuracy, and completeness of the
information. This certification must state that, based on information
and belief formed after reasonable inquiry, the statements and
information are true, accurate, and complete.
    (f) Requirements for part 71 sources. (1) The owner or operator of
a part 71 source must submit an annual

registration report that includes the information required by
paragraphs (e)(3)(xiii), (xvii) and (e)(4) of this section. This annual
registration report must be submitted by February 15 of each year. The
first annual registration report for a part 71 source shall be
submitted for calendar year 2006, or for the calendar year that the
source became subject to part 71, whichever is later.
    (2) The owner or operator of a part 71 source must also submit
reports of a change in ownership and closure as provided in paragraphs
(e)(6) and (7) of this section.

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

    (a) What is the purpose of this section? This section establishes a
permitting program to provide for the establishment of Federally-
enforceable requirements for air pollution sources within an Indian
reservation.
    (b) Who is affected by this section? (1) This section applies to:
    (i) The owner or operator of any air pollution source who wishes to
obtain a Federally-enforceable limitation on the source's actual
emissions or potential to emit that cannot be obtained under the Indian
Country Minor NSR Rule (Sec. Sec.  49.151 through 49.173) or the
Federal rule for Prevention of Significant Deterioration (40 CFR
52.21);
    (ii) Any air pollution source for which the Regional Administrator
determines that additional Federally-enforceable requirements are
necessary to ensure compliance with the implementation plan;
    (iii) Any air pollution source for which the Regional Administrator
determines that additional Federally-enforceable requirements are
necessary to ensure the attainment and maintenance of any national
ambient air quality standard or prevention of significant deterioration
increment; or
    (iv) Any air pollution source for which the Regional Administrator
determines that additional Federally-enforceable requirements are
necessary to implement or ensure compliance with any other provisions
of the Clean Air Act.
    (2) This section does not apply to the owner or operator of an air
pollution source who wishes to obtain a Federally-enforceable
limitation on the source's potential to emit in order to establish a
synthetic minor source for purposes of the applicable prevention of
significant deterioration, nonattainment major new source review or
Clean Air Act title V permit programs and/or a synthetic minor source
of hazardous air pollutants for purposes of 40 CFR part 63, section 112
of the Clean Air Act or the applicable Clean Air Act title V program.
Applications for a synthetic minor source permit must be submitted
pursuant to Sec.  49.158.
    (c) What is the process for obtaining an owner-requested operating
permit?(1) The owner or operator of an air pollution source who wishes
to obtain a Federally-enforceable limitation on the source's actual
emissions or potential to emit under this section must submit an
application in writing to the Regional Administrator requesting such
limitation and include the following information:
    (i) Name of the air pollution source and the nature of the
business.
    (ii) Street address, email address and telephone number of the air
pollution source.
    (iii) Name, mailing address, email address and telephone number of
the owner or operator.
    (iv) Name, mailing address, email address and telephone number of
the local individual responsible for compliance with this section.
    (v) Name, mailing address, email address and telephone number of
the individual authorized to receive requests for data and information.
    (vi) For each air pollutant and for all emission units and air
pollutant-generating activities to be covered by a limitation:
    (A) The proposed limitation and a description of its effect on
actual emissions or the potential to emit. Proposed limitations may
include, but are not limited to, emission limitations, production
limits, operational restrictions, fuel or raw material specifications,
and/or requirements for installation, and operation of emission
controls. Proposed limitations must have a reasonably short averaging
period, taking into consideration the operation of the air pollution
source and the methods to be used for demonstrating compliance.
    (B) Proposed testing, monitoring, recordkeeping, and reporting
requirements to be used to demonstrate and assure compliance with the
proposed limitation.
    (C) A description of the production processes and a related flow
chart.
    (D) Identification of emission units and air pollutant-generating
activities.
    (E) Type and quantity of fuels and/or raw materials used.
    (F) Description and estimated efficiency of air pollution control
equipment under present or anticipated operating conditions.
    (G) Estimates of the current actual emissions and current potential
to emit, including all calculations for the estimates.
    (H) Estimates of the allowable emissions and/or potential to emit
that would result from compliance with the proposed limitation,
including all calculations for the estimates.
    (vii) Any other information specifically requested by the Regional
Administrator.
    (2) Estimates of actual emissions must be based upon actual test
data, or in the absence of such data, upon procedures acceptable to the
Regional Administrator. Any emission estimates submitted to the
Regional Administrator must be verifiable using currently accepted
engineering criteria. The following procedures are generally acceptable
for estimating emissions from air pollution sources:
    (i) Source-specific emission tests;
    (ii) Mass balance calculations;
    (iii) Published, verifiable emission factors that are applicable to
the source;
    (iv) Other engineering calculations; or
    (v) Other procedures to estimate emissions specifically approved by
the Regional Administrator.
    (3) All applications for a non-Title V operating permit must
include a certification by the owner or operator as to the truth,
accuracy, and completeness of the information. This certification must
state that, based on information and belief formed after reasonable
inquiry, the statements and information are true, accurate, and
complete.
    (4) Within 60 days after receipt of an application, the Regional
Administrator will determine if it contains the information specified
in paragraph (c)(1) of this section and if so, will deem it complete
for the purpose of preparing a draft non-Title V operating permit. If
the Regional Administrator determines that the application is
incomplete, it will be returned to the owner or operator along with a
description of the necessary information that must be submitted for the
application to be deemed complete.
    (5) The Regional Administrator will prepare a draft non-Title V
operating permit and a draft technical support document that describes
the proposed limitation and its effect on the actual emissions and/or
potential to emit of the air pollution source or draft decision to deny
the permit.
    (6) The Regional Administrator will provide a copy of the draft
non-Title V operating permit and draft technical support document or
the draft decision to deny the permit to the owner or operator of the
air pollution source when the draft permit or the draft decision to
deny the permit is sent out for public comment.
    (d) What is the process that the Regional Administrator will follow
to require a non-Title V operating permit?

(1) Whenever the Regional Administrator determines that additional
Federally-enforceable requirements are necessary to ensure compliance
with the implementation plan, to ensure the attainment and maintenance
of any national ambient air quality standard or prevention of
significant deterioration increment, or to implement or ensure
compliance with any other provisions of the Clean Air Act, the owner or
operator of the air pollution source will be so notified in writing.
    (2) The Regional Administrator may require that the owner or
operator provide any information that the Regional Administrator
determines is necessary to establish such requirements in a non-Title V
operating permit under this section.
    (3) The Regional Administrator will prepare a draft non-Title V
operating permit and a draft technical support document that describes
the reasons and need for the proposed requirements.
    (4) The Regional Administrator will provide a copy of the draft
non-Title V operating permit and draft technical support document to
the owner or operator of the air pollution source when the draft permit
is sent out for public comment.
    (e) What permit information will be publicly available? With the
exception of any confidential information as defined in subpart B of 40
CFR part 2, the Regional Administrator must make available for public
inspection the documents listed in paragraphs (c)(1) through (6) or
(d)(1) through (4) of this section. The Regional Administrator must
make such information available for public inspection at the EPA Region
10 Office and in at least one location in the area affected by the
source, such as the Tribal environmental office or a local library.
    (f) How will the public be notified and participate? (1) Before
issuing a permit under this section, the Regional Administrator must
prepare a draft permit and provide adequate public notice to ensure
that the affected community and the general public have reasonable
access to the application and draft permit information, as set out in
paragraphs (f)(1)(i) and (ii) of this section. The public notice must
provide an opportunity for public comment and notice of a public
hearing, if any, on the draft permit.
    (i) The Regional Administrator must mail a copy of the notice to
the owner or operator of the source, the appropriate Indian governing
body and the Tribal, State and local air pollution authorities having
jurisdiction adjacent to the area of the Indian reservation potentially
affected by the air pollution source.
    (ii) Depending on such factors as the nature and size of the
source, local air quality considerations and the characteristics of the
population in the affected area (e.g., subsistence hunting and fishing
or other seasonal cultural practices), the Regional Administrator must
use appropriate means of notification, such as those listed in
paragraphs (f)(1)(ii)(A) through (E) of this section.
    (A) The Regional Administrator may mail or email a copy of the
notice to persons on a mailing list developed by the Regional
Administrator consisting of those persons who have requested to be
placed on such a mailing list.
    (B) The Regional Administrator may post the notice on the Region 10
website.
    (C) The Regional Administrator may publish the notice in a
newspaper of general circulation in the area affected by the source.
Where possible, the notice may also be published in a Tribal newspaper
or newsletter.
    (D) The Regional Administrator may provide copies of the notice for
posting at one or more locations in the area affected by the source,
such as post offices, trading posts, libraries, Tribal environmental
offices, community centers or other gathering places in the community.
    (E) The Regional Administrator may employ other means of
notification as appropriate.
    (2) The notice required pursuant to paragraph (f)(1) of this
section must include the following information at a minimum:
    (i) Identifying information, including owner or operator's name and
address (and plant name and address if different) and the name and
telephone number of the plant manager/contact.
    (ii) The name and address of EPA Region 10 and any delegated agency
processing the permit action.
    (iii) The purpose for which the permit is being issued, the
regulated pollutants covered by the permit, and a description of any
proposed limitations on the source.
    (iv) Instructions for requesting a public hearing.
    (v) The name, address, email address and telephone number of a
contact person in EPA Region 10 from whom additional information may be
obtained.
    (vi) Locations and times of availability of the information (listed
in paragraph (e) of this section) for public inspection.
    (vii) A statement that any person may submit written comments, a
written request for a public hearing or both, on the draft permit
action. The Regional Administrator must provide a period of at least 30
days from the date of the public notice for comments and for requests
for a public hearing.
    (g) How will the public comment and will there be a public hearing?
(1) Any person may submit written comments on the draft permit and may
request a public hearing. These comments must raise any reasonably
ascertainable issue with supporting arguments by the close of the
public comment period (including any public hearing). The Regional
Administrator must consider all comments in making the final decision.
The Regional Administrator must keep a record of the commenters and of
the issues raised during the public participation process and such
records must be available to the public.
    (2) The Regional Administrator must extend the public comment
period under paragraph (f) of this section to the close of any public
hearing under this section. The hearing officer may also extend the
comment period by so stating at the hearing.
    (3) A request for a public hearing must be in writing and must
state the nature of the issues proposed to be raised at the hearing.
    (4) The Regional Administrator must hold a hearing whenever there
is, on the basis of requests, a significant degree of public interest
in a draft permit. The Regional Administrator may also hold a public
hearing at its discretion, whenever, for instance, such a hearing might
clarify one or more issues involved in the permit decision. The
Regional Administrator must provide notice of any public hearing at
least 30 days prior to the date of the hearing. Public notice of the
hearing may be concurrent with that of the draft permit and the two
notices may be combined. Reasonable limits may be set upon the time
allowed for oral statements at the hearing.
    (5) The Regional Administrator must make a recording or written
transcript of any hearing available to the public.
    (h) Can a permit be reopened? The Regional Administrator may reopen
an existing, currently-in-effect permit for cause on its own
initiative, such as if it contains a material mistake or fails to
assure compliance with applicable requirements. However, except for
those permit reopenings that do not increase the emissions limitations
in the permit, such as permit reopenings that correct typographical,
calculation and other errors, all other permit reopenings shall be
carried out after the opportunity of public notice and comment and in
accordance with one or more of the public participation requirements
under paragraph (f) of this section.

    (i) What is an administrative permit revision? The following
provisions govern administrative permit revisions.
    (1) An administrative permit revision is a permit revision that
makes any of the following changes:
    (i) Corrects typographical errors.
    (ii) Identifies a change in the name, address or phone number of
any person identified in the permit or provides a similar minor
administrative change at the source.
    (iii) Requires more frequent monitoring or reporting by the
permittee.
    (iv) Allows for a change in ownership or operational control of a
source where the Regional Administrator determines that no other change
in the permit is necessary, provided that a written agreement
containing a specific date for transfer of permit responsibility,
coverage, and liability between the current and new permittee has been
submitted to the Regional Administrator.
    (v) Incorporates any other type of change that the Regional
Administrator has determined to be similar to those in paragraphs
(i)(1)(i) through (iv) of this section.
    (2) An administrative permit revision is not subject to the permit
application, issuance, public participation or administrative and
judicial review requirements of this section.
    (j) Can my existing owner-requested permit limits be revised?
Permits with owner-requested limits on the source's potential to emit
previously issued under the authority of this section may be revised
through an administrative permit revision as provided in paragraph (i)
provided the revision qualifies as an administrative permit revision
under that paragraph. If you propose a modification, as defined in
Sec.  49.152, to your existing source, you must obtain a permit
pursuant to Sec.  49.158 prior to beginning actual construction. For
all permit revisions that do not arise from a proposed modification and
do not qualify as administrative permit revisions, the permit may be
revised consistent with, and subject to, the public participation
procedures of this section. Such procedures shall only affect those
parts of the permit for which revisions are proposed. An application
for a permit revision need only include information on the affected
permit terms and emission units to which those terms apply.
    (k) How will final action occur and when will the permit become
effective? (1) After decision on a permit, the Regional Administrator
must notify the permit applicant of the decision, in writing, and if
the permit is denied, of the reasons for such denial and the procedures
for appeal. The final non-Title V operating permit and final technical
support document (including responses to comments) will be sent to the
owner or operator of the air pollution source. In addition, the
Regional Administrator must provide adequate public notice of the final
permit decision to ensure that the affected community, general public
and any individuals who commented on the draft permit have reasonable
access to the decision and supporting materials according to paragraph
(e) of this section and according to one or more of the provisions in
paragraphs (f)(1)(ii)(A) through (E) of this section.
    (2) A final permit becomes effective 30 days after service of
notice of the final permit decision unless a different effective date
is specified in the permit.
    (l) For how long will the Regional Administrator retain permit-
related records? The records, including any required applications for
each draft and final permit or application for permit revision, must be
kept by the Regional Administrator for not less than 5 years.
    (m) What is the administrative record for each final permit? (1)
The Regional Administrator must base final permit decisions on an
administrative record consisting of:
    (i) The application and any supporting data furnished by the permit
applicant;
    (ii) The draft permit and technical support document or notice of
intent to deny the application;
    (iii) Other documents in the supporting files for the draft permit
that were relied upon in the decision making;
    (iv) All comments received during the public comment period,
including any extension or reopening;
    (v) The recording or transcript of any hearing(s) held;
    (vi) Any written material submitted at such a hearing;
    (vii) Any new materials placed in the record as a result of the
Regional Administrator's evaluation of public comments;
    (viii) The final permit and final technical support document
(including responses to comments); and
    (ix) Other documents in the supporting files for the final permit
that were relied upon in the decision-making.
    (2) The additional documents required under paragraph (m)(l) of
this section should be added to the record as soon as possible after
their receipt or preparation by the Regional Administrator. The record
must be complete on the date the final permit is issued.
    (3) Material readily available or published materials that are
generally available and that are included in the administrative record
under the standards of paragraph (m)(1) of this section need not be
physically included in the same file as the rest of the record as long
as it is specifically referred to in that file.
    (n) Final agency action. The final non-Title V operating permit or
denial of such permit is a final agency action for purposes of
administrative appeal and judicial review.
    3. Remove the undesignated center heading immediately following
Sec.  49.139 ``Federal Implementation Plan for Oil and Natural Gas
Production Facilities, Fort Berthold Indian Reservation (Mandan,
Hidatsa and Arikara Nations) in EPA Region 8''.
0
4. Add Sec. Sec.  49.140 through 49.143 to read as follows:
Sec.
* * * * *
49.140 Rule for residential wood burning devices.
49.141 Rule for curtailment of residential wood burning devices for
specific areas.
49.142 Rule for small open burning annual permits.
49.143 Permit by rule for small open burns.
* * * * *

Sec.  49.140  Rule for residential wood burning devices.

    (a) What is the purpose of this section? This section regulates the
installation of residential wood burning devices and specifies what
fuels may be burned in residential wood burning devices within an
Indian reservation to control emissions of air pollutants to the
atmosphere and ground-level concentrations of PM2.5 and
PM10.
    (b) Who is affected by this section? This section applies to any
person who owns or operates a residential wood burning device.
    (c) What are the requirements of this section? (1) After the
effective date of the final rule, no new or used residential wood
heater, residential central heater, residential forced-air furnace, or
residential hydronic heater may be installed to provide heat to a
structure unless it has been certified by EPA to meet the applicable PM
emission standards in 40 CFR 60.532 or 40 CFR 60.5474 as in effect on
or after May 15, 2015, and has affixed to it a permanent label pursuant
to 40 CFR 60.536 or 40 CFR 60.5478.
    (2) Only the following materials may be burned in a residential
wood burning device:

    (i) Seasoned firewood, which is firewood that has a moisture
content of 20% or less;
    (ii) Kiln dried or air dried lumber that has not been treated,
chemically impregnated, painted or coated;
    (iii) Products manufactured for the purpose of being used as a fuel
for a residential wood burning device, such as wood pellets and biomass
fire logs intended for burning in a wood stove or fireplace; and
    (iv) Manufactured fire starters and paper sufficient to start a
fire.

Sec.  49.141  Rule for curtailment of residential wood burning devices
for specific areas.

    (a) What is the purpose of this section? This section provides for
Stage 1 and Stage 2 bans on the use of residential wood burning devices
during periods of elevated PM2.5 and PM10
concentrations within specific geographical areas to control emissions
of air pollutants to the atmosphere and ground-level concentrations of
PM2.5 and PM10.
    (b) Who is affected by this section? This section applies to any
person who owns or operates a residential wood burning device in
specific geographical areas.
    (c) When and where does this section apply? This section applies
beginning October 1, of the second calendar year following the
promulgation of this section into the implementation plan for an Indian
reservation in subpart M of this part.
    (d) What are the requirements of this section? (1) Except for
residences that qualify for an exemption under paragraph (d)(3) of this
section, the use of residential wood burning devices that have not been
certified by EPA under subpart AAA or QQQQ to 40 CFR part 60 are
prohibited whenever the Regional Administrator declares a Stage 1 ban.
A Stage 1 ban may be declared for a specified geographic area whenever
the Regional Administrator determines that air quality levels have
exceeded, or are projected to exceed within the next 72 hours, 75% of
any 24-hour national ambient air quality standard for particulate
matter, that these levels are projected to continue or reoccur over at
least the subsequent 24 hours, and that reductions in emissions from
uncertified residential wood burning devices would reduce particulate
matter concentrations.
    (2) Except for residences that qualify for an exemption under
paragraph (d)(3) of this section, the use of all residential wood
burning devices (whether certified or uncertified) are prohibited
whenever the Regional Administrator declares a Stage 2 ban. A Stage 2
ban may be declared for a specified geographic area whenever the
Regional Administrator determines that air quality levels have
exceeded, or are projected to exceed within the next 72 hours, any 24-
hour national ambient air quality standard for particulate matter, that
these levels are projected to continue or reoccur over at least the
subsequent 24 hours, and that reductions in emissions from residential
wood burning devices would reduce particulate matter concentrations.
    (3) The requirements of paragraphs (d)(1) and (2) of this section
do not apply to:
    (i) Residences where residential wood burning devices are the sole
source of heat. Sole source of heat means that the residential wood
burning device is the only available source of heat for the residence,
excluding portable space heaters; or
    (ii) Residences where the household income is less than or equal to
1.5 times the Federal poverty guidelines as defined by the U.S.
Department of Health and Human Services.
    (4) Any person whose residence qualifies for, and is relying on, an
exemption under paragraph (d)(3) of this section must complete an
exemption form provided by the Regional Administrator and certify as to
its truth and accuracy. Such form must be completed, signed and
available at the qualifying residence before using the wood burning
device during a Stage 1 or Stage 2 burn ban and must be made available
for review upon request by the Regional Administrator or authorized
representative.
    (5) A signed form under paragraph (d)(4) of this section is valid
for five years from the date of signature or until the residence no
longer qualifies for an exemption under paragraph (d)(3) of this
section, whichever occurs first.

Sec.  49.142  Rule for small open burning annual permits.

    (a) What is the purpose of this section? This section establishes a
permitting program for small open burns within an Indian reservation to
control emissions of air pollutants to the atmosphere and ground-level
concentrations of PM2.5 and PM10.
    (b) Who is affected by this section? This section applies to the
owner and lessee, if any, of the property on which a small open burn is
conducted and to any person who conducts a small open burn.
    (c) What is exempted from this section? The following open burns
are exempted from this section:
    (1) Outdoor fires set for cultural or traditional purposes;
    (2) Fires set for cultural or traditional purposes within
structures such as smoke houses, sweat houses, or sweat lodges;
    (3) Outdoor cooking fires;
    (4) Fires set for recreational purposes;
    (5) Fires set as part of a firefighting strategy (e.g., back burn,
fire break, or safety perimeter burn), if approved by the appropriate
fire safety jurisdiction and only under an emergency or incident
command situation;
    (6) Fires set for the disposal of diseased animals or other
material by order of a public health authority;
    (7) Open outdoor fires used by qualified personnel to train
firefighters in the methods of fire suppression and firefighting
techniques conducted pursuant to Sec.  49.131(e)(4);
    (8) Open outdoor fires conducted by Tribal governments to dispose
of fireworks and associated packaging materials pursuant to Sec.
49.131(e)(5);
    (9) Agricultural burning; and
    (10) Forestry and silvicultural burning.
    (d) What are the requirements for small open burns under this
section? (1) The owner or lessee of a property must apply for and
obtain an annual permit to conduct small open burns on that property.
    (2) The date after which a permit is required under this section in
order to conduct small open burns is identified in the implementation
plan in subpart M of this part for the specific Indian reservation
where this section applies.
    (3) A person subject to this section must ensure that the person
conducting the small open burns is familiar with the requirements of
the permit, ensure that the permit is available on the property during
the small open burns, conduct the small open burns in accordance with
the terms and conditions of the permit, and comply with this section
and Sec.  49.131 or the EPA-approved Tribal open burning rule as
specified in the applicable implementation plan for the reservation in
subpart M of this part, as applicable.
    (4) The person conducting the small open burn must check, as
specified in the permit, whether burning is allowed for the area on
that day and conduct and complete the burn during the hours that
burning is allowed on that day.
    (5) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments, or other governmental entities.
    (e) How will a person know if burning is allowed on a day? (1) The
Regional Administrator shall identify each day as a ``burn day'' or a
``no burn day'' and

for a burn day, specify the hours and geographic area for which burning
is allowed. When deciding whether to call a burn day, the Regional
Administrator will take into consideration relevant factors including,
but not limited to, the current and projected air quality conditions,
the forecasted meteorological conditions, and other scheduled burning
activities in the surrounding area. Where the Regional Administrator
determines that open burning can be conducted without causing or
contributing to an exceedance of a national ambient air quality
standard or, when relevant, without causing any other adverse impact on
air quality, a burn day may be called.
    (2) The Regional Administrator will publicize whether a day is a
``burn day'' or a ``no burn day'' in a pre-recorded phone message, on a
website, or through other appropriate means as identified in the small
open burning permit.
    (f) Are there additional requirements that must be met? (1) The
owner or lessee of a property who wishes to conduct small open burns on
that property must submit an application to the Regional Administrator
for small open burning that the applicant expects to conduct during the
calendar year. An application must be submitted in writing, on forms
provided by the Regional Administrator, and be received by the Regional
Administrator at least 1 business day prior to conducting the first
small open burn on the property during a calendar year. The forms will
require, at a minimum, the following information:
    (i) Street address of the property on which the proposed open
burning will be conducted, or if there is no street address of the
property, the legal description of the property.
    (ii) Name, mailing address, email address, and telephone number of
the owner and lessee, if any, of the property on which the proposed
open burning will be conducted.
    (iii) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water.
    (iv) Any other information specifically requested by the Regional
Administrator.
    (2) If the proposed open burning is consistent with this section
and Sec.  49.131 or the applicable EPA-approved Tribal open burning
rule as specified in the applicable implementation plan for the
reservation in subpart M of this part, the Regional Administrator may
issue a small open burning permit. The permit will authorize burning
consistent with this section and will include any conditions that the
Regional Administrator determines are necessary to ensure compliance
with this section, Sec.  49.131, or the applicable EPA-approved Tribal
open burning rule, and to protect the public health and welfare,
including any monitoring, recordkeeping and reporting requirements.
    (3) A permit issued under this section expires at the end of the
calendar year in which it was issued unless it is revoked prior to that
time by the Regional Administrator. The Regional Administrator may
revoke a permit issued under this section, after written notice to the
holder of the permit, upon finding that the permit must be revoked or
revised to ensure compliance with this section, Sec.  49.131 or the
applicable EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part, or to protect the public health and welfare.
    (4) If the owner or lessee of a property changes, a new permit is
required in order to conduct small open burns on that property.

Sec.  49.143  Permit by rule for small open burns.

    (a) What is the purpose of this section? This section establishes a
permit by rule for small open burns within an Indian reservation to
control emissions of air pollutants to the atmosphere and ground-level
concentrations of PM2.5 and PM10.
    (b) Who is affected by this section? This section applies to the
owner and lessee, if any, of the property on which a small open burn is
conducted and to any person who conducts a small open burn.
    (c) What is exempted from this section? The following open burns
are exempted from this section:
    (1) Outdoor fires set for cultural or traditional purposes;
    (2) Fires set for cultural or traditional purposes within
structures such as smoke houses, sweat houses, or sweat lodges;
    (3) Outdoor cooking fires;
    (4) Fires set for recreational purposes;
    (5) Fires set as part of a firefighting strategy (e.g., back burn,
fire break, or safety perimeter burn), if approved by the appropriate
fire safety jurisdiction and only under an emergency or incident
command situation;
    (6) Fires set for the disposal of diseased animals or other
material by order of a public health authority;
    (7) Open outdoor fires used by qualified personnel to train
firefighters in the methods of fire suppression and firefighting
techniques conducted pursuant to Sec.  49.131(e)(4);
    (8) Open outdoor fires conducted by Tribal governments to dispose
of fireworks and associated packaging materials pursuant to Sec.
49.131(e)(5);
    (9) Agricultural burning; and
    (10) Forestry and silvicultural burning.
    (d) What are the requirements for small open burns under this
section? (1) The owner or lessee of a property must apply for and
obtain approval of coverage under this section to conduct small open
burns on that property.
    (2) The date after which approval of coverage is required under
this section in order to conduct small open burns is identified in the
implementation plan in subpart M of this part for the specific Indian
reservation where this section applies.
    (3) A person subject to this section must ensure that the person
conducting the small open burns is familiar with the requirements of
the approval of coverage, ensure that the approval of coverage is
available on the property during the small open burns and conduct the
small open burns in accordance with this section and Sec.  49.131 or
the EPA-approved Tribal open burning rule as specified in the
applicable implementation plan for the reservation in subpart M of this
part, as applicable.
    (4) The person conducting the small open burn must check, as
specified in the approval of coverage, whether burning is allowed for
the area on that day and conduct and complete the burn during the hours
that burning is allowed on that day.
    (5) Nothing in this section exempts or excuses any person from
complying with any applicable laws and ordinances of Tribal
governments, local fire departments, or other governmental entities.
    (e) How will a person know if burning is allowed on a day? (1) The
Regional Administrator shall identify each day as a ``burn day'' or a
``no burn day'' and for a burn day, specify the hours and geographic
area for which burning is allowed. When deciding whether to call a burn
day, the Regional Administrator will take into consideration relevant
factors including, but not limited to, the current and projected air
quality conditions, the forecasted meteorological conditions, and other
scheduled burning activities in the surrounding area. Where the
Regional Administrator determines that open burning can be conducted
without causing or contributing to an exceedance of a national ambient
air quality standard or, when relevant, without causing any other
adverse

impact on air quality, a burn day may be called.
    (2) The Regional Administrator will publicize whether a day is a
``burn day'' or a ``no burn day'' in a pre-recorded phone message, on a
website, or through other appropriate means as identified in the
approval of coverage.
    (f) Are there additional requirements that must be met? (1) The
owner or lessee of a property who wishes to conduct small open burns on
that property must submit an application to the Regional Administrator
for approval of coverage under this section. An application must be
submitted in writing, on forms provided by the Regional Administrator,
and be received by the Regional Administrator at least 1 business day
prior to conducting the first small open burn on the property. The
forms will require, at a minimum, the following information:
    (i) Street address of the property on which the proposed open
burning will be conducted, or if there is no street address of the
property, the legal description of the property.
    (ii) Name, mailing address, email address, and telephone number of
the owner and lessee, if any, of the property on which the proposed
open burning will be conducted.
    (iii) A description of the measures that will be taken to prevent
escaped burns, including but not limited to the availability of water.
    (iv) Any other information specifically requested by the Regional
Administrator.
    (2) Approval of coverage under this section is effective the day
after receipt by the Regional Administrator of an application for
coverage unless the Regional Administrator disapproves the application
for coverage. The Regional Administrator may disapprove the application
for coverage, in writing, if the proposed open burning is found to be
inconsistent with this section, Sec.  49.131, or the applicable EPA-
approved Tribal open burning rule as specified in the applicable
implementation plan for the reservation in subpart M of this part.
    (3) Approval of coverage under this section remains valid for the
property for as long as it remains under the control of the owner and
lessee who are identified on the application for the approval of
coverage, unless the approval is revoked by the Regional Administrator.
The Regional Administrator may revoke the approval of coverage under
this section, after written notice to the applicant, upon finding that
the approval must be revoked to ensure compliance with this section,
Sec.  49.131, or the applicable EPA-approved Tribal open burning rule
as specified in the applicable implementation plan for the reservation
in subpart M of this part, or to protect the public health and welfare.
    (4) If the owner or lessee of a property changes, a new application
for approval of coverage is required in order to conduct small open
burns on that property.

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

0
5. Revise Sec. Sec.  49.9861 through 49.10710 to read as follows:
Sec.
Implementation Plan for the Burns Paiute Tribe, Oregon
49.9861 Identification of plan.
49.9862 Approval status.
49.9863 [Reserved]
49.9864 [Reserved]
49.9865 Classification of regions for episode plans.
49.9866 Contents of implementation plan.
49.9867 [Reserved]
49.9868 Permits to construct.
49.9869 Permits to operate.
49.9870 Federally-promulgated regulations and Federal implementation
plans.
49.9871-49.9890 [Reserved]
Implementation Plan for the Confederated Tribes of the Chehalis
Reservation, Washington
49.9891 Identification of plan.
49.9892 Approval status.
49.9893 [Reserved]
49.9894 [Reserved]
49.9895 Classification of regions for episode plans.
49.9896 Contents of implementation plan.
49.9897 [Reserved]
49.9898 Permits to construct.
49.9899 Permits to operate.
49.9900 Federally-promulgated regulations and Federal implementation
plans.
49.9901-49.9920 [Reserved]
Implementation Plan for the Coeur D'alene Tribe, Idaho
49.9921 Identification of plan.
49.9922 Approval status.
49.9923 [Reserved]
49.9924 [Reserved]
49.9925 Classification of regions for episode plans.
49.9926 Contents of implementation plan.
49.9927 [Reserved]
49.9928 Permits to construct.
49.9929 Permits to operate.
49.9930 Federally-promulgated regulations and Federal implementation
plans.
49.9931-49.9950 [Reserved]
Implementation Plan for the Confederated Tribes of the Colville
Reservation, Washington
49.9951 Identification of plan.
49.9952 Approval status.
49.9953 [Reserved]
49.9954 [Reserved]
49.9955 Classification of regions for episode plans.
49.9956 Contents of implementation plan.
49.9957 [Reserved]
49.9958 Permits to construct.
49.9959 Permits to operate.
49.9960 Federally-promulgated regulations and Federal implementation
plans.
49.9961-49.9980 [Reserved]
Implementation Plan for the Confederated Tribes of the Coos, Lower
Umpqua and Siuslaw Indians, Oregon
49.9981 Identification of plan.
49.9982 Approval status.
49.9983 [Reserved]
49.9984 [Reserved]
49.9985 Classification of regions for episode plans.
49.9986 Contents of implementation plan.
49.9987 [Reserved]
49.9988 Permits to construct.
49.9989 Permits to operate.
49.9990 Federally-promulgated regulations and Federal implementation
plans.
49.9991-49.10010 [Reserved]
Implementation Plan for the Coquille Indian Tribe, Oregon
49.10011 Identification of plan.
49.10012 Approval status.
49.10013 [Reserved]
49.10014 [Reserved]
49.10015 Classification of regions for episode plans.
49.10016 Contents of implementation plan.
49.10017 [Reserved]
49.10018 Permits to construct.
49.10019 Permits to operate.
49.10020 Federally-promulgated regulations and Federal
implementation plans.
49.10021-49.10040 [Reserved]
Implementation Plan for the Cow Creek Band of Umpqua Tribe of Indians,
Oregon
49.10041 Identification of plan.
49.10042 Approval status.
49.10043 [Reserved]
49.10044 [Reserved]
49.10045 Classification of regions for episode plans.
49.10046 Contents of implementation plan.
49.10047 [Reserved]
49.10048 Permits to construct.
49.10049 Permits to operate.
49.10050 Federally-promulgated regulations and Federal
implementation plans.
49.10051-49.10070 [Reserved]
Implementation Plan for the Cowlitz Indian Tribe, Washington
49.10071 Identification of plan.
49.10072 Approval status.
49.10073 [Reserved]
49.10074 [Reserved]
49.10075 Classification of regions for episode plans.
49.10076 Contents of implementation plan.
49.10077 [Reserved]
49.10078 Permits to construct.
49.10079 Permits to operate.
49.10080 Federally-promulgated regulations and Federal
implementation plans.
49.10081-49.10100 [Reserved]

Implementation Plan for the Confederated Tribes of the Grand Ronde
Community of Oregon
49.10101 Identification of plan.
49.10102 Approval status.
49.10103 [Reserved]
49.10104 [Reserved]
49.10105 Classification of regions for episode plans.
49.10106 Contents of implementation plan.
49.10107 [Reserved]
49.10108 Permits to construct.
49.10109 Permits to operate.
49.10110 Federally-promulgated regulations and Federal
implementation plans.
49.10111-49.10130 [Reserved]
Implementation Plan for the Hoh Indian Tribe, Washington
49.10131 Identification of plan.
49.10132 Approval status.
49.10133 [Reserved]
49.10134 [Reserved]
49.10135 Classification of regions for episode plans.
49.10136 Contents of implementation plan.
49.10137 [Reserved]
49.10138 Permits to construct.
49.10139 Permits to operate.
49.10140 Federally-promulgated regulations and Federal
implementation plans.
49.10141-49.10160 [Reserved]
Implementation Plan for the Jamestown S'klallam Tribe, Washington
49.10161 Identification of plan.
49.10162 Approval status.
49.10163 [Reserved]
49.10164 [Reserved]
49.10165 Classification of regions for episode plans.
49.10166 Contents of implementation plan.
49.10167 [Reserved]
49.10168 Permits to construct.
49.10169 Permits to operate.
49.10170 Federally-promulgated regulations and Federal
implementation plans.
49.10171-49.10190 [Reserved]
Implementation Plan for the Kalispel Indian Community of the Kalispel
Reservation, Washington
49.10191 Identification of plan.
49.10192 Approval status.
49.10193 [Reserved]
49.10194 [Reserved]
49.10195 Classification of regions for episode plans.
49.10196 Contents of implementation plan.
49.10197 [Reserved]
49.10198 Permits to construct.
49.10199 Permits to operate.
49.10200 Federally-promulgated regulations and Federal
implementation plans.
49.10201-49.10220 [Reserved]
Implementation Plan for the Klamath Tribes, Oregon
49.10221 Identification of plan.
49.10222 Approval status.
49.10223 [Reserved]
49.10224 [Reserved]
49.10225 Classification of regions for episode plans.
49.10226 Contents of implementation plan.
49.10227 [Reserved]
49.10228 Permits to construct.
49.10229 Permits to operate.
49.10230 Federally-promulgated regulations and Federal
implementation plans.
Sec.  49.10231-49.10250 [Reserved]
Implementation Plan for the Kootenai Tribe of Idaho
49.10251 Identification of plan.
49.10252 Approval status.
49.10253 [Reserved]
49.10254 [Reserved]
49.10255 Classification of regions for episode plans.
49.10256 Contents of implementation plan.
49.10257 [Reserved]
49.10258 Permits to construct.
49.10259 Permits to operate.
49.10260 Federally-promulgated regulations and Federal
implementation plans.
49.103261-49.10280 [Reserved]
Implementation Plan for the Lower Elwha Tribal Community, Washington
49.10281 Identification of plan.
49.10282 Approval status.
49.10283 [Reserved]
49.10284 [Reserved]
49.10285 Classification of regions for episode plans.
49.10286 Contents of implementation plan.
49.10287 [Reserved]
49.10288 Permits to construct.
49.10289 Permits to operate.
49.10290 Federally-promulgated regulations and Federal
implementation plans.
49.10291-49.10310 [Reserved]
Implementation Plan for the Lummi Tribe of the Lummi Reservation,
Washington
49.10311 Identification of plan.
49.10312 Approval status.
49.10313 [Reserved]
49.10314 [Reserved]
49.10315 Classification of regions for episode plans.
49.10316 Contents of implementation plan.
49.10317 [Reserved]
49.10318 Permits to construct.
49.10319 Permits to operate.
49.10320 Federally-promulgated regulations and Federal
implementation plans.
49.10321-49.10340 [Reserved]
Implementation Plan for the Makah Indian Tribe of the Makah Indian
Reservation, Washington
49.10341 Identification of plan.
49.10342 Approval status.
49.10343 [Reserved]
49.10344 [Reserved]
49.10345 Classification of regions for episode plans.
49.10346 Contents of implementation plan.
49.10347 [Reserved]
49.10348 Permits to construct.
49.10349 Permits to operate.
49.10350 Federally-promulgated regulations and Federal
implementation plans.
49.10351-49.10370 [Reserved]
Implementation Plan for the Muckleshoot Indian Tribe, Washington
49.10371 Identification of plan.
49.10372 Approval status.
49.10373 [Reserved]
49.10374 [Reserved]
49.10375 Classification of regions for episode plans.
49.10376 Contents of implementation plan.
49.10377 [Reserved]
49.10378 Permits to construct.
49.10379 Permits to operate.
49.10380 Federally-promulgated regulations and Federal
implementation plans.
49.10381-49.10400 [Reserved]
Implementation Plan for the Nez Perce Tribe, Idaho
49.10401 Identification of plan.
49.10402 Approval status.
49.10403 [Reserved]
49.10404 [Reserved]
49.10405 Classification of regions for episode plans.
49.10406 Contents of implementation plan.
49.10407 [Reserved]
49.10408 Permits to construct.
49.10409 Permits to operate.
49.10410 Federally-promulgated regulations and Federal
implementation plans.
49.10411 Permits for large open burning, agricultural burning,
forestry and silvicultural burning, and permit by rule for small
open burning.
49.10412-49.10430 [Reserved]
Implementation Plan for the Nisqually Indian Tribe, Washington
49.10431 Identification of plan.
49.10432 Approval status.
49.10433 [Reserved]
49.10434 [Reserved]
49.10435 Classification of regions for episode plans.
49.10436 Contents of implementation plan.
49.10437 [Reserved]
49.10438 Permits to construct.
49.10439 Permits to operate.
49.10440 Federally-promulgated regulations and Federal
implementation plans.
49.10441-49.10460 [Reserved]
Implementation Plan for the Nooksack Indian Tribe, Washington
49.10461 Identification of plan.
49.10463 [Reserved]
49.10464 [Reserved]
49.10465 Classification of regions for episode plans.
49.10466 Contents of implementation plan.
49.10467 [Reserved]
49.10468 Permits to construct.
49.10469 Permits to operate.
49.10470 Federally-promulgated regulations and Federal
implementation plans.
49.10471-49.10490 [Reserved]

Implementation Plan for the Port Gamble S'klallam Tribe, Washington
49.10491 Identification of plan.
49.10492 Approval status.
49.10493 [Reserved]
49.10494 [Reserved]
49.10495 Classification of regions for episode plans.
49.10496 Contents of implementation plan.
49.10497 [Reserved]
49.10498 Permits to construct.
49.10499 Permits to operate.
49.10500 Federally-promulgated regulations and Federal
implementation plans.
49.10501-49.10520 [Reserved]
Implementation Plan for the Puyallup Tribe of the Puyallup Reservation,
Washington
49.10521 Identification of plan.
49.10522 Approval status.
49.10523 [Reserved]
49.10524 [Reserved]
49.10525 Classification of regions for episode plans.
49.10526 Contents of implementation plan.
49.10527 [Reserved]
49.10528 Permits to construct.
49.10529 Permits to operate.
49.10530 Federally-promulgated regulations and Federal
implementation plans.
49.10531-49.10550 [Reserved]
Implementation Plan for the Quileute Tribe of the Quileute Reservation,
Washington
49.10551 Identification of plan.
49.10552 Approval status.
49.10553 [Reserved]
49.10554 [Reserved]
49.10555 Classification of regions for episode plans.
49.10556 Contents of implementation plan.
49.10557 [Reserved]
49.10558 Permits to construct.
49.10559 Permits to operate.
49.10560 Federally-promulgated regulations and Federal
implementation plans.
49.10561-49.10580 [Reserved]
Implementation Plan for the Quinault Indian Nation, Washington
49.10581 Identification of plan.
49.10582 Approval status.
49.10583 [Reserved]
49.10584 [Reserved]
49.10585 Classification of regions for episode plans.
49.10586 Contents of implementation plan.
49.10587 [Reserved]
49.10588 Permits to construct.
49.10589 Permits to operate.
49.10590 Federally-promulgated regulations and Federal
implementation plans.
49.10591-49.10610 [Reserved]
Implementation Plan for the Samish Indian Nation, Washington
49.10611 Identification of plan.
49.10612 Approval status.
49.10613 [Reserved]
49.10614 [Reserved]
49.10615 Classification of regions for episode plans.
49.10616 Contents of implementation plan.
49.10617 [Reserved]
49.10618 Permits to construct.
49.10619 Permits to operate.
49.10620 Federally-promulgated regulations and Federal
implementation plans.
49.10621-49.10640 [Reserved]
Implementation Plan for the Sauk-Suiattle Indian Tribe, Washington
49.10641 Identification of plan.
49.10642 Approval status.
49.10643 [Reserved]
49.10644 [Reserved]
49.10645 Classification of regions for episode plans.
49.10646 Contents of implementation plan.
49.10647 [Reserved]
49.10648 Permits to construct.
49.10649 Permits to operate.
49.10650 Federally-promulgated regulations and Federal
implementation plans.
49.10651-49.10670 [Reserved]
Implementation Plan for the Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation, Washington
49.10671 Identification of plan.
49.10672 Approval status.
49.10673 [Reserved]
49.10674 [Reserved]
49.10675 Classification of regions for episode plans.
49.10676 Contents of implementation plan.
49.10677 [Reserved]
49.10678 Permits to construct.
49.10679 Permits to operate.
49.10680 Federally-promulgated regulations and Federal
implementation plans.
49.10681-49.10700 [Reserved]
Implementation Plan for the Shoshone-Bannock Tribes of the Fort Hall
Reservation, Idaho
49.10701 Identification of plan.
49.10702 Approval status.
49.10703 [Reserved]
49.10704 [Reserved]
49.10705 Classification of regions for episode plans.
49.10706 Contents of implementation plan.
49.10707 [Reserved]
49.10708 Permits to construct.
49.10709 Permits to operate.
49.10710 Federally-promulgated regulations and Federal
implementation plans.
* * * * *

Implementation Plan for the Burns Paiute Tribe, Oregon

Sec.  49.9861  Identification of plan.

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

Sec.  49.9862  Approval status.

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

Sec.  49.9863  [Reserved]

Sec.  49.9864  [Reserved]

Sec.  49.9865  Classification of regions for episode plans.

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

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

Sec.  49.9866  Contents of implementation plan.

    The implementation plan for the Burns Paiute Reservation consists
of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec.  49.9867  [Reserved]

Sec.  49.9868  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.

Sec.  49.9869  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

    The following regulations are adopted and made part of the
implementation plan for the Burns Paiute Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec. Sec.  49.9871-49.9890  [Reserved]

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

Sec.  49.9891  Identification of plan.

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

Sec.  49.9892  Approval status.

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

Sec.  49.9893  [Reserved]

Sec.  49.9894  [Reserved]

Sec.  49.9895  Classification of regions for episode plans.

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

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

Sec.  49.9896  Contents of implementation plan.

    The implementation plan for the Chehalis Reservation consists of
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec.  49.9897  [Reserved]

Sec.  49.9898  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.

Sec.  49.9899  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

    The following regulations are adopted and made part of the
implementation plan for the Chehalis Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec. Sec.  49.9901-49.9920  [Reserved]

Implementation Plan for the Coeur D'alene Tribe, Idaho

Sec.  49.9921  Identification of plan.

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

Sec.  49.9922  Approval status.

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

Sec.  49.9923  [Reserved]

Sec.  49.9924  [Reserved]

Sec.  49.9925  Classification of regions for episode plans.

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

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

Sec.  49.9926  Contents of implementation plan.

    The implementation plan for the Coeur D'Alene Reservation consists
of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
    (f) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (g) Section 49.130 Rule for limiting sulfur in fuels.
    (h) Section 49.131 General rule for open burning.
    (i) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (j) Section 49.137 Rule for air pollution episodes.
    (k) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.

    (l) Section 49.139 Rule for non-Title V operating permits.
    (m) Section 49.140 Rule for residential wood burning devices.

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

Sec.  49.9928  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.

Sec.  49.9929  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

    The following regulations are adopted and made part of the
implementation plan for the Coeur D'Alene Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
    (f) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (g) Section 49.130 Rule for limiting sulfur in fuels.
    (h) Section 49.131 General rule for open burning.
    (i) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (j) Section 49.137 Rule for air pollution episodes.
    (k) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (l) Section 49.139 Rule for non-Title V operating permits.
    (m) Section 49.140 Rule for residential wood burning devices.

    Note 1 to Sec.  49.9930:  EPA entered into a Partial Delegation
of Administrative Authority Agreement with the Coeur D'Alene Tribe
on August 26, 2008 for the rules listed in paragraphs (b), (h), and
(j) of this section.

Sec. Sec.  49.9931-49.9950  [Reserved]

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

Sec.  49.9951  Identification of plan.

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

Sec.  49.9952  Approval status.

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

Sec.  49.9953  [Reserved]

Sec.  49.9954  [Reserved]

Sec.  49.9955  Classification of regions for episode plans.

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

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

Sec.  49.9956  Contents of implementation plan.

    The implementation plan for the Colville Reservation consists of
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.127 Rule for woodwaste burners.
    (f) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
    (g) Section 49.129 Rule for limiting emissions of sulfur dioxides.
    (h) Section 49.130 Rule for limiting sulfur in fuels.
    (i) Section 49.131 General rule for open burning.
    (j) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (k) Section 49.137 Rule for air pollution episodes.
    (l) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (m) Section 49.139 Rule for non-Title V operating permits.
    (n) Section 49.140 Rule for residential wood burning devices.
    (o) Section 49.141 Rule for curtailment of residential wood burning
devices for specific areas.

Sec.  49.9957  [Reserved]

Sec.  49.9958  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.

Sec.  49.9959  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

    The following regulations are adopted and made part of the
implementation plan for the Colville Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.127 Rule for woodwaste burners.
    (f) Section 49.128 Rule for limiting particulate matter emissions
from wood products industry sources.
    (g) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (h) Section 49.130 Rule for limiting sulfur in fuels.
    (i) Section 49.131 General rule for open burning.
    (j) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (k) Section 49.137 Rule for air pollution episodes.
    (l) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (m) Section 49.139 Rule for non-Title V operating permits.
    (n) Section 49.140 Rule for residential wood burning devices.
    (o) Section 49.141 Rule for curtailment of residential wood burning
devices for specific areas.

    Note 1 to Sec.  49.9960:  The EPA entered into a Partial
Delegation of Administrative Authority Agreement with the
Confederated Tribes of the Colville Reservation on October 26, 2015,
for the rules listed in paragraphs (b), (i), and (k) of this
section.

Sec. Sec.  49.9961-49.9980  [Reserved]

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

Sec.  49.9981  Identification of plan.

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

Sec.  49.9982  Approval status.

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

Sec.  49.9983  [Reserved]

Sec.  49.9984  [Reserved]

Sec.  49.9985  Classification of regions for episode plans.

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

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

Sec.  49.9986  Contents of implementation plan.

    The implementation plan for the Coos, Lower Umpqua and Siuslaw
Reservation consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec.  49.9987  [Reserved]

Sec.  49.9988  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.

Sec.  49.9989  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

    The following regulations are adopted and made part of the
implementation plan for the Coos, Lower Umpqua and Siuslaw Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec. Sec.  49.9991-49.10010  [Reserved]

Implementation Plan for the Coquille Indian Tribe, Oregon

Sec.  49.10011  Identification of plan.

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

Sec.  49.10012  Approval status.

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

Sec.  49.10013  [Reserved]

Sec.  49.10014  [Reserved]

Sec.  49.10015  Classification of regions for episode plans.

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

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

Sec.  49.10016  Contents of implementation plan.

    The implementation plan for the Coquille Reservation consists of
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec.  49.10017  [Reserved]

Sec.  49.10018  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to 40 CFR 52.21
and Sec. Sec.  49.151 through 49.173, as applicable.

Sec.  49.10019  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

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

    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec. Sec.  49.10021-49.10040  [Reserved]

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

Sec.  49.10041  Identification of plan.

    This section and Sec. Sec.  49.10042 through 49.10070 contain the
implementation plan for the Cow Creek Band of Umpqua Tribe of Indians.
This plan consists of Federal regulations and measures which apply
within the Cow Creek Umpqua Reservation.

Sec.  49.10042  Approval status.

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

Sec.  49.10043  [Reserved]

Sec.  49.10044  [Reserved]

Sec.  49.10045  Classification of regions for episode plans.

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

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

Sec.  49.10046  Contents of implementation plan.

    The implementation plan for the Cow Creek Umpqua Reservation
consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec.  49.10047  [Reserved]

Sec.  49.10048  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.

Sec.  49.10049  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

    The following regulations are adopted and made part of the
implementation plan for the Cow Creek Umpqua Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec. Sec.  49.10051-49.10070  [Reserved]

Implementation Plan for the Cowlitz Indian Tribe, Washington

Sec.  49.10071  Identification of plan.

    This section and Sec. Sec.  49.10072 through 49.10100 contain the
implementation plan for the Cowlitz Indian Tribe. This plan consists of
Federal regulations and measures which apply within the Cowlitz Indian
Reservation.

Sec.  49.10072  Approval status.

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

Sec.  49.10073  [Reserved]

Sec.  49.10074  [Reserved]

Sec.  49.10075  Classification of regions for episode plans.

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

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

Sec.  49.10076  Contents of implementation plan.

    The implementation plan for the Cowlitz Indian Reservation consists
of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec.  49.10077  EPA-approved Tribal rules and plans. [Reserved]

Sec.  49.10078  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.

Sec.  49.10079  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

Sec.  49.10080  Federally-promulgated regulations and Federal
implementation plans.

    The following regulations are adopted and made part of the
implementation plan for the Cowlitz Indian Reservation:

    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec. Sec.  49.10081-49.10100  [Reserved]

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

Sec.  49.10101  Identification of plan.

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

Sec.  49.10102  Approval status.

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

Sec.  49.10103  [Reserved]

Sec.  49.10104  [Reserved]

Sec.  49.10105  Classification of regions for episode plans.

    The air quality control region which encompasses the Grand Ronde
Reservation:

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

Sec.  49.10106  Contents of implementation plan.

    The implementation plan for the Grand Ronde Reservation consists of
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec.  49.10107  [Reserved]

Sec.  49.10108  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.

Sec.  49.10109  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

    The following regulations are adopted and made part of the
implementation plan for the Grand Ronde Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec. Sec.  49.10111-49.10130  [Reserved]

Implementation Plan for the Hoh Indian Tribe, Washington

Sec.  49.10131  Identification of plan.

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

Sec.  49.10132  Approval status.

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

Sec.  49.10133  [Reserved]

Sec.  49.10134  [Reserved]

Sec.  49.10135  Classification of regions for episode plans.

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

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

Sec.  49.10136  Contents of implementation plan.

    The implementation plan for the Hoh Indian Reservation consists of
the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec.  49.10137  [Reserved]

Sec.  49.10138  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.

Sec.  49.10139  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

    The following regulations are adopted and made part of the
implementation plan for the Hoh Indian Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec. Sec.  49.10141-49.10160  [Reserved]

Implementation Plan for the Jamestown S'klallam Tribe, Washington

Sec.  49.10161  Identification of plan.

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

Sec.  49.10162  Approval status.

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

Sec.  49.10163  [Reserved]

Sec.  49.10164  [Reserved]

Sec.  49.10165  Classification of regions for episode plans.

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

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

Sec.  49.10166  Contents of implementation plan.

    The implementation plan for the Jamestown S'Klallam Reservation
consists of the following rules, regulations, and measures:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec.  49.10167  [Reserved]

Sec.  49.10168  Permits to construct.

    Permits to construct are required for new stationary sources and
modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.

Sec.  49.10169  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

    The following regulations are adopted and made part of the
implementation plan for the Jamestown S'Klallam Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec. Sec.  49.10171-49.10190  [Reserved]

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

Sec.  49.10191  Identification of plan.

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

Sec.  49.10192  Approval status.

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

Sec.  49.10193  [Reserved]

Sec.  49.10194  [Reserved]

Sec.  49.10195  Classification of regions for episode plans.

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

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

Sec.  49.10196  Contents of implementation plan.

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

    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec.  49.10197  [Reserved]

Sec.  49.10198  Permits to construct.

    (a) Permits to construct are required for new stationary sources
and modifications to existing stationary sources pursuant to Sec. Sec.
49.151 through 49.173, and 40 CFR 52.21, as applicable.
    (b) In accordance with section 164 of the Clean Air Act and the
provisions of 40 CFR 52.21(g), the original Kalispel Reservation, as
established by Executive Order No. 1904, signed by President Woodrow
Wilson on March 23, 1914, is designated as a Class I area for the
purposes of prevention of significant deterioration of air quality.

Sec.  49.10199  Permits to operate.

    Permits to operate are required for sources in accordance with the
requirements of Sec.  49.139.

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

    The following regulations are adopted and made part of the
implementation plan for the Kalispel Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (i) Section 49.137 Rule for air pollution episodes.
    (j) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (k) Section 49.139 Rule for non-Title V operating permits.
    (l) Section 49.140 Rule for residential wood burning devices.

Sec. Sec.  49.10201-49.10220  [Reserved]

Implementation Plan for the Klamath Tribes, Oregon

Sec.  49.10221  Identification of plan.

    This section and Sec. Sec.  49.10222 through 49.10250 contain the
implementation plan for the Klamath Tribes. This plan consists of
Federal regulations and measures which apply within the Klamath
Reservation.

Sec.  49.10222  Approval status.

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

Sec.  49.10223  [Reserved]

Sec.  49.10224  [Reserved]

Sec.  49.10225  Classification of regions for episode plans.

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

------------------------------------------------------------------------
                        Pollutant                         Classification
------------------------------------------------------------------------
Carbon monoxide.........................................             III
Nitrogen dioxide........................................             III