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(c) What are the requirements for forestry and silvicultural burning? (1) A person must apply for a permit to conduct a forestry or silvicultural burn, obtain approval of the permit on the day of the burn, have the permit available on-site during the burn, and conduct the burn in accordance with the terms and conditions of the permit.
(2) The date after which a person must apply for and obtain approval of a permit under this section is identified in the implementation plan in subpart M of this part for the specific reservation where this section applies.
(3) A person must comply with §49.131 General rule for open burning or the EPA-approved Tribal open burning rule, as applicable.
(4) Nothing in this section exempts or excuses any person from complying with any applicable laws and ordinances of local fire departments or other governmental jurisdictions.
(d) Are there additional requirements that must be met? (1) A person subject to this section must submit an application to the Regional Administrator for each proposed forestry or silvicultural burn. An application must contain, at a minimum, the following information:
(i) Street address of the property upon which the proposed forestry or silvicultural burning will occur or, if there is no street address of the property, the legal description of the property.
(ii) Name, mailing address, and telephone number of the person who will be responsible for conducting the proposed forestry or silvicultural burning.
(iii) A plot plan showing the location of the proposed forestry or silvicultural burning in relation to the property lines and indicating the distances and directions of the nearest residential, public, and commercial properties, roads, and other areas that could be affected by the burning.
(iv) The type and quantity of forestry or silvicultural residues proposed to be burned, including the estimated weight of material to be burned and the area over which burning will be conducted.
(v) A description of the burning method(s) to be used (pile burn, broadcast burn, windrow burn, understory burn, etc.) and the amount of material to be burned with each method.
(vi) A description of the measures that will be taken to prevent escaped burns, including but not limited to the availability of water and firebreaks.
(vii) The requested date(s) that the proposed forestry or silvicultural burning would be conducted.
(viii) Any other information specifically requested by the Regional Administrator.
(2) If the proposed forestry or silvicultural burning is consistent with this section and §49.131 General rule for open burning, or the EPA-approved Tribal open burning rule, the Regional Administrator may approve the forestry or silvicultural burning permit and authorize burning on the day burning is to be conducted after taking into consideration relevant factors including, but not limited to:
(i) The size, duration, and location of the proposed burn, the current and projected air quality conditions, the forecasted meteorological conditions, and other scheduled burning activities in the surrounding area; and
(ii) Other factors indicating whether or not the proposed forestry or silvicultural burning can be conducted without causing an adverse impact on air quality.
(3) The Regional Administrator, to the extent practical, will consult with and coordinate approvals to burn with the open burning programs of surrounding jurisdictions.
(e) Definitions of terms used in this section. The following terms that are used in this section are defined in §49.123 General provisions: Air pollutant, ambient air, emission, forestry or silvicultural burning, open burning, particulate matter, PM10, PM2.5, Regional Administrator, stack, and uncombined water.
§ 49.135 Rule for emissions detrimental to public health or welfare.
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(a) What is the purpose of this section? This section is intended to prevent the emission of air pollutants from any air pollution source operating within the Indian reservation from being detrimental to 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 to take reasonable precautions to reduce or prevent the emissions. If the Regional Administrator determines that the installation of air pollution controls and/or reasonable precautions are necessary, then the Regional Administrator will require the owner or operator to obtain a permit to construct or permit to operate for the source. The specific requirements will be established in the required permit to construct or permit to operate.
(3) Nothing in this section affects the ability of the Regional Administrator to issue an order pursuant to section 303 of the Act to require an owner or operator to immediately reduce or cease the emission of air pollutants.
(4) Nothing in this section shall be construed to impair any cause of action or legal remedy of any person, or the public, for injury or damages arising from the emission of any air pollutant in such place, manner, or amount as to constitute a common law nuisance.
(d) What does someone subject to this section need to do? A person subject to this section must comply with the terms and conditions of any permit to construct, permit to operate, or order issued by the Regional Administrator.
(e) Definitions of terms used in this section. The following terms that are used in this section are defined in §49.123 General provisions: Air pollutant, air pollution source, ambient air, emission, owner or operator, permit to construct, permit to operate, Regional Administrator, source, and stationary source.
§ 49.136 [Reserved]
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§ 49.137 Rule for air pollution episodes.
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(a) What is the purpose of this section? This section establishes procedures for addressing the excessive buildup of certain air pollutants during periods of stagnant air. This section is intended to prevent the occurrence of an air pollution emergency within the Indian reservation due to the effects of these air pollutants on human health.
(b) Who is affected by this section? This section applies to the Regional Administrator and any person who owns or operates an air pollution source within the Indian reservation.
(c) What are the requirements of this section?—(1) Air pollution action level triggers. Conditions justifying the declaration of an air pollution alert, air pollution warning, or air pollution emergency exist whenever the Regional Administrator determines that the accumulation of air pollutants in any place is approaching, or has reached, levels that could lead to a threat to human health. The following criteria will be used for making these determinations:
(i) Air stagnation advisory. An air stagnation advisory may be issued by the Regional Administrator whenever meteorological conditions over a large area are conducive to the buildup of air pollutants.
(ii) Air pollution alert. An air pollution alert may be declared by the Regional Administrator when any one of the following levels is reached, or is projected to be reached, at any monitoring site and the meteorological conditions are such that the level is expected to continue or reoccur over the next 24 hours.
(A) Particulate matter (PM10): 350 micrograms per cubic meter, 24-hour average;
(B) Carbon monoxide (CO): 17 milligrams per cubic meter (15 ppm), 8-hour average;
(C) Sulfur dioxide (SO2): 800 micrograms per cubic meter (0.3 ppm), 24-hour average;
(D) Ozone (O3): 400 micrograms per cubic meter (0.2 ppm), 1-hour average;
(E) Nitrogen dioxide (NO2): 1,130 micrograms per cubic meter (0.6 ppm), 1-hour average; and 282 micrograms per cubic meter (0.15 ppm), 24-hour average.
(iii) Air pollution warning. An air pollution warning may be declared by the Regional Administrator when any one of the following levels is reached, or is projected to be reached, at any monitoring site and the meteorological conditions are such that the level is expected to continue or reoccur over the next 24 hours.
(A) Particulate matter (PM10): 420 micrograms per cubic meter, 24-hour average;
(B) Carbon monoxide (CO): 34 milligrams per cubic meter (30 ppm), 8-hour average;
(C) Sulfur dioxide (SO2): 1,600 micrograms per cubic meter (0.6 ppm), 24-hour average;
(D) Ozone (O3): 800 micrograms per cubic meter (0.4 ppm), 1-hour average;
(E) Nitrogen dioxide (NO2): 2,260 micrograms per cubic meter (1.2 ppm), 1-hour average; and 565 micrograms per cubic meter (0.3 ppm), 24-hour average.
(iv) Air pollution emergency. An air pollution emergency may be declared by the Regional Administrator when any one of the following levels is reached, or is projected to be reached, at any monitoring site and the meteorological conditions are such that the level is expected to continue or reoccur over the next 24 hours.
(A) Particulate matter (PM10): 500 micrograms per cubic meter, 24-hour average;
(B) Carbon monoxide (CO): 46 milligrams per cubic meter (40 ppm), 8-hour average;
(C) Sulfur dioxide (SO2): 2,100 micrograms per cubic meter (0.8 ppm), 24-hour average;
(D) Ozone (O3): 1,000 micrograms per cubic meter (0.5 ppm), 1-hour average;
(E) Nitrogen dioxide (NO2): 3,000 micrograms per cubic meter (1.6 ppm), 1-hour average; and 750 micrograms per cubic meter (0.4 ppm), 24-hour average.
(v) Termination. Once declared, an air pollution alert, warning, or emergency will remain in effect until the Regional Administrator makes a new determination and declares a new level.
(2) Announcements by the Regional Administrator. The Regional Administrator will request that announcement of an air stagnation advisory, air pollution alert, air pollution warning, or air pollution emergency be broadcast on local television and radio stations in the affected area and posted on their websites. Announcements will also be posted on the EPA Region 10 website and, where possible, on the websites of Tribes within the affected area. These announcements will indicate that air pollution levels exist that could potentially be harmful to human health and indicate actions that people can take to reduce exposure. The announcements will also request voluntary actions to reduce emissions from sources of air pollutants as well as indicate that a ban on open burning is in effect.
(3) Voluntary curtailment of emissions by sources. Whenever the Regional Administrator declares an air stagnation advisory, air pollution alert, air pollution warning, or air pollution emergency, sources of air pollutants will be requested to take voluntary actions to reduce emissions. People should refrain from using their wood-stoves and fireplaces unless they are their sole source of heat. People should reduce their use of motor vehicles to the extent possible. Industrial sources should curtail operations or switch to a cleaner fuel if possible.
(4) Mandatory curtailment of emissions by order of the Regional Administrator. (i) Except for exempted fires set for cultural or traditional purposes, all open burning is prohibited whenever the Regional Administrator issues an air stagnation advisory or declares an air pollution alert, air pollution warning, or air pollution emergency. Except for exempted fires set for cultural or traditional purposes, all open burning is prohibited when a burn ban is declared pursuant to §49.131 General rule for open burning or the EPA-approved Tribal open burning rule.
(ii) Except for exempted fires set for cultural or traditional purposes, any person conducting open burning when such an advisory is issued or declaration is made must either immediately extinguish the fire, or immediately withhold additional material such that the fire burns down.
(iii) During an air pollution warning or air pollution emergency, the Regional Administrator may issue an order to any air pollution source requiring such source to curtail or eliminate the emissions.
(d) Definitions of terms used in this section. The following terms that are used in this section are defined in §49.123 General provisions: Air pollutant, air pollution source, ambient air, emission, fuel, motor vehicle, open burning, Regional Administrator, and source.
§ 49.138 Rule for the registration of air pollution sources and the reporting of emissions.
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(a) What is the purpose of this section? This section allows the Regional Administrator to develop and maintain a current and accurate record of air pollution sources and their emissions within the Indian reservation.
(b) Who is affected by this section? This section applies to any person who owns or operates a part 71 source or an air pollution source that is subject to a standard established under section 111 or section 112 of the Federal Clean Air Act. This section also applies to any person who owns or operates any other air pollution source except those exempted in paragraph (c) of this section.
(c) What is exempted from this section? As provided in paragraph (b) of this section, this section does not apply to the following air pollution sources:
(1) Air pollution sources that do not have the potential to emit more than two tons per year of any air pollutant;
(2) Mobile sources;
(3) Single family residences, and residential buildings with four or fewer dwelling units;
(4) Air conditioning units used for human comfort that do not exhaust air pollutants into the atmosphere from any manufacturing or industrial process;
(5) Ventilating units used for human comfort that do not exhaust air pollutants into the atmosphere from any manufacturing or industrial process;
(6) Furnaces and boilers used exclusively for space heating with a rated heat input capacity of less than 400,000 British thermal units (Btu) per hour;
(7) Cooking of food, except for wholesale businesses that both cook and sell cooked food;
(8) Consumer use of office equipment and products;
(9) Janitorial services and consumer use of janitorial products;
(10) Maintenance and repair activities, except for air pollution sources engaged in the business of maintaining and repairing equipment;
(11) Agricultural activities and forestry and silvicultural activities, including agricultural burning and forestry and silvicultural burning; and
(12) Open burning.
(d) What are the requirements of this section? Any person who owns or operates an air pollution source subject to this section, except for part 71 sources, must register the source with the Regional Administrator and submit reports as specified in paragraph (e) of this section. Any person who owns or operates a part 71 source must submit reports as specified in paragraph (f) of this section. All registration information and reports must be submitted on forms provided by the Regional Administrator.
(e) Are there additional requirements that must be met? Any person who owns or operates an air pollution source subject to this section, except for part 71 sources, must register an air pollution source and submit reports as follows:
(1) Initial registration. The owner or operator of an air pollution source that exists on the effective date of this section must register the air pollution source with the Regional Administrator by no later than February 15, 2007. The owner or operator of a new air pollution source must register with the Regional Administrator within 90 days after beginning operation. Submitting an initial registration does not relieve the owner or operator from the requirement to obtain a permit to construct if the new air pollution source would be a new source or modification subject to any Federal or Tribal permit to construct rule.
(2) Annual registration. After initial registration, the owner or operator of an air pollution source must re-register with the Regional Administrator by February 15 of each year. The annual registration must include all of the information required in the initial registration and must be updated to reflect any changes since the previous registration. For information that has not changed since the previous registration, the owner or operator may reaffirm in writing that the information previously furnished to the Regional Administrator is still correct.
(3) Information to include in initial registration and annual registration. Each initial registration and annual registration must include the following information if it applies:
(i) Name of the air pollution source and the nature of the business.
(ii) Street address, telephone number, and facsimile number of the air pollution source.
(iii) Name, mailing address, and telephone number of the owner or operator.
(iv) Name, mailing address, telephone number, and facsimile number of the local individual responsible for compliance with this section.
(v) Name and mailing address of the individual authorized to receive requests for data and information.
(vi) A description of the production processes, air pollution control equipment, and a related flow chart.
(vii) Identification of emission units and air pollutant-generating activities.
(viii) A plot plan showing the location of all emission units and air pollutant-generating activities. The plot plan must also show the property lines of the air pollution source, the height above grade of each emission release point, and the distance and direction to the nearest residential or commercial property.
(ix) Type and quantity of fuels, including the sulfur content of fuels, used on a daily, annual, and maximum hourly basis.
(x) Type and quantity of raw materials used or final product produced on a daily, annual, and maximum hourly basis.
(xi) Typical operating schedule, including number of hours per day, number of days per week, and number of weeks per year.
(xii) Estimates of the total actual emissions from the air pollution source for the following air pollutants: particulate matter, PM10, PM2.5, sulfur oxides (SOX), nitrogen oxides (NOX), carbon monoxide (CO), volatile organic compounds (VOC), lead (Pb) and lead compounds, ammonia (NH3), fluorides (gaseous and particulate), sulfuric acid mist (H2SO4), hydrogen sulfide (H2S), total reduced sulfur (TRS), and reduced sulfur compounds, including all calculations for the estimates.
(xiii) Estimated efficiency of air pollution control equipment under present or anticipated operating conditions.
(xiv) 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 to the Regional Administrator in writing no later than 30 days prior to the relocation of the source. The report must update the information required in paragraphs (e)(3)(i) through (e)(3)(v) and (e)(3)(viii) of this section, and any other information required by paragraph (e)(3) of this section if it will change as a result of the relocation. Submitting a report of relocation does not relieve the owner or operator from the requirement to obtain a permit to construct if the relocation of the air pollution source would be a new source or modification subject to any Federal or Tribal permit to construct rule.
(6) Report of change of ownership. After initial registration, the owner or operator of an air pollution source must report any change of ownership to the Regional Administrator in writing within 90 days after the change in ownership is effective. The report must update the information required in paragraphs (e)(3)(i) through (e)(3)(v) of this section, and any other information required by paragraph (e)(3) of this section if it would change as a result of the change of ownership.
(7) Report of closure. Except for regular seasonal closures, after initial registration, the owner or operator of an air pollution source must submit a report of closure to the Regional Administrator in writing within 90 days after the cessation of all operations at the air pollution source.
(8) Certification of truth, accuracy, and completeness. All registrations and reports must include a certification signed by the owner or operator as to the truth, accuracy, and completeness of the information. This certification must state that, based on information and belief formed after reasonable inquiry, the statements and information are true, accurate, and complete.
(f) Requirements for part 71 sources. The owner or operator of a part 71 source must submit an annual registration report that includes the information required by paragraphs (e)(3) and (e)(4) of this section. This annual registration report must be submitted with the annual emission report and fee calculation worksheet required by part 71 (or by the source's part 71 permit if a different date is specified in the permit). The owner or operator may submit a single combined report provided that the combined report clearly identifies which emissions are the basis for the annual registration report, the part 71 annual emission report, and the part 71 fee calculation worksheet. The first annual registration report for a part 71 source shall be submitted for calendar year 2006, or for the calendar year that the source became subject to part 71, whichever is later.
(g) Definitions of terms used in this section. The following terms that are used in this section are defined in §49.123 General provisions: Act, actual emissions, agricultural activities, air pollutant, air pollution source, ambient air, British thermal unit (Btu), emission, emission factor, emission unit, forestry or silvicultural activities, forestry or silvicultural burning, fuel, major source, marine vessel, mobile source, motor vehicle, new air pollution source, nonroad engine, nonroad vehicle, open burning, owner or operator, part 71 source, particulate matter, permit to construct, PM10, PM2.5, potential to emit, rated capacity, Regional Administrator, source, stack, stationary source, and uncombined water.
§ 49.139 Rule for non-Title V operating permits.
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(a) What is the purpose of this section? This section establishes a permitting program to provide for the establishment of Federally-enforceable requirements for air pollution sources within the Indian reservation.
(b) Who is affected by this section? (1) This section applies to:
(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;
(ii) Any air pollution source for which the Regional Administrator determines that additional Federally-enforceable requirements are necessary to ensure compliance with the implementation plan; or
(iii) Any air pollution source for which the Regional Administrator determines that additional Federally-enforceable requirements are necessary to ensure the attainment and maintenance of any national ambient air quality standard or prevention of significant deterioration increment.
(2) To the extent allowed by 40 CFR part 71, or a Tribal operating permit program approved pursuant to 40 CFR part 70, a Title V operating permit may be used in lieu of an operating permit under this section to establish the limitations or requirements in paragraph (b)(1) of this section.
(c) What are the procedures for obtaining an owner-requested operating permit? (1) The owner or operator of an air pollution source who wishes to obtain a Federally-enforceable limitation on the source's actual emissions or potential to emit must submit an application to the Regional Administrator requesting such limitation. The application must be submitted on forms provided by the Regional Administrator and contain the information specified in paragraph (d) of this section.
(2) Within 60 days after receipt of an application, the Regional Administrator will determine if it contains the information specified in paragraph (d) of this section and if so, will deem it complete for the purpose of preparing a draft permit to operate. If the Regional Administrator determines that the application is incomplete, it will be returned to the owner or operator along with a description of the necessary information that must be submitted for the application to be deemed complete.
(3) The Regional Administrator will prepare a draft permit to operate and a draft technical support document that describes the proposed limitation and its effect on the actual emissions and/or potential to emit of the air pollution source.
(4) The Regional Administrator will provide a copy of the draft permit to operate and draft technical support document to the owner or operator of the air pollution source and will provide an opportunity for the owner or operator to meet with EPA and discuss the proposed limitations.
(5) The Regional Administrator will provide an opportunity for public comment on the draft permit to operate as follows:
(i) A copy of the draft permit to operate, the draft technical support document, the permit application, and all other supporting materials will be made available for public inspection in at least one location in the area affected by the air pollution source.
(ii) A notice will be made by prominent advertisement in a newspaper of general circulation in the area affected by the air pollution source of the availability of the draft permit to operate and supporting materials and of the opportunity to comment. Where possible, notices will also be made in the Tribal newspaper.
(iii) Copies of the notice will be provided to the owner or operator of the air pollution source, the Tribal governing body, and the Tribal, State, and local air pollution authorities having jurisdiction in areas outside of the Indian reservation potentially impacted by the air pollution source.
(iv) A 30-day period for submittal of public comments will be provided starting upon the date of publication of the notice. If requested, the Regional Administrator may hold a public hearing and/or extend the public comment period for up to an additional 30 days.
(6) After the close of the public comment period, the Regional Administrator will review all comments received and prepare a final permit to operate and final technical support document. The final technical support document will include a response to all comments received during the public comment period.
(7) The final permit to operate and final technical support document will be sent to the owner or operator of the air pollution source and will be made available at all of the locations where the draft permit was made available. In addition, the final permit to operate and final technical support document will be sent to all persons who provided comments on the draft permit to operate.
(8) The final permit to operate will be a final agency action for purposes of administrative appeal and judicial review.
(d) What must the owner or operator of an air pollution source include in an application for a Federally-enforceable limitation? (1) The owner or operator of an air pollution source that wishes to obtain a Federally-enforceable limitation must submit to the Regional Administrator an application, on forms provided by the Regional Administrator, for a permit to operate that includes the following information:
(i) Name of the air pollution source and the nature of the business.
(ii) Street address, telephone number, and facsimile number of the air pollution source.
(iii) Name, mailing address, and telephone number of the owner or operator.
(iv) Name, mailing address, telephone number, and facsimile number of the local individual responsible for compliance with this section.
(v) Name and mailing address of the individual authorized to receive requests for data and information.
(vi) For each air pollutant and for all emission units and air pollutant-generating activities to be covered by a limitation:
(A) The proposed limitation and a description of its effect on actual emissions or the potential to emit. Proposed limitations may include, but are not limited to, emission limitations, production limits, operational restrictions, fuel or raw material specifications, and/or requirements for installation and operation of emission controls. Proposed limitations must have a reasonably short averaging period, taking into consideration the operation of the air pollution source and the methods to be used for demonstrating compliance.
(B) Proposed testing, monitoring, recordkeeping, and reporting requirements to be used to demonstrate and assure compliance with the proposed limitation.
(C) A description of the production processes and a related flow chart.
(D) Identification of emission units and air pollutant-generating activities.
(E) Type and quantity of fuels and/or raw materials used.
(F) Description and estimated efficiency of air pollution control equipment under present or anticipated operating conditions.
(G) Estimates of the current actual emissions and current potential to emit, including all calculations for the estimates.
(H) Estimates of the allowable emissions and/or potential to emit that would result from compliance with the proposed limitation, including all calculations for the estimates.
(vii) Any other information specifically requested by the Regional Administrator.
(2) Estimates of actual emissions must be based upon actual test data, or in the absence of such data, upon procedures acceptable to the Regional Administrator. Any emission estimates submitted to the Regional Administrator must be verifiable using currently accepted engineering criteria. The following procedures are generally acceptable for estimating emissions from air pollution sources:
(i) Source-specific emission tests;
(ii) Mass balance calculations;
(iii) Published, verifiable emission factors that are applicable to the source;
(iv) Other engineering calculations; or
(v) Other procedures to estimate emissions specifically approved by the Regional Administrator.
(3) All applications for a permit to operate must include a certification by the owner or operator as to the truth, accuracy, and completeness of the information. This certification must state that, based on information and belief formed after reasonable inquiry, the statements and information are true, accurate, and complete.
(e) What are the procedures that the Regional Administrator will follow to require an operating permit? (1) Whenever the Regional Administrator determines that additional Federally-enforceable requirements are necessary to ensure compliance with the implementation plan or to ensure the attainment and maintenance of any national ambient air quality standard or prevention of significant deterioration increment, the owner or operator of the air pollution source will be so notified in writing.
(2) The Regional Administrator may require that the owner or operator provide any information that the Regional Administrator determines is necessary to establish such requirements in a permit to operate under this section.
(3) The Regional Administrator will prepare a draft permit to operate and a draft technical support document that describes the reasons and need for the proposed requirements.
(4) The Regional Administrator will provide a copy of the draft permit to operate and draft technical support document to the owner or operator of the air pollution source and will provide an opportunity for the owner or operator to meet with EPA and discuss the proposed requirements.
(5) The Regional Administrator will provide an opportunity for public comment on the draft permit to operate as follows:
(i) A copy of the draft permit to operate, the draft technical support document, and all other supporting materials will be made available for public inspection in at least one location in the area affected by the air pollution source.
(ii) A notice will be made by prominent advertisement in a newspaper of general circulation in the area affected by the air pollution source of the availability of the draft permit to operate and supporting materials and of the opportunity to comment. Where possible, notices will also be made in the Tribal newspaper.
(iii) Copies of the notice will be provided to the owner or operator of the air pollution source, the Tribal governing body, and the Tribal, State, and local air pollution authorities having jurisdiction in areas outside of the Indian reservation potentially impacted by the air pollution source.
(iv) A 30-day period for submittal of public comments will be provided starting upon the date of publication of the notice. If requested, the Regional Administrator may hold a public hearing and/or extend the public comment period for up to an additional 30 days.
(6) After the close of the public comment period, the Regional Administrator will review all comments received and prepare a final permit to operate and final technical support document, unless the Regional Administrator determines that additional requirements are not necessary to ensure compliance with the implementation plan or to ensure the attainment and maintenance of any national ambient air quality standard or prevention of significant deterioration increment. The final technical support document will include a response to all comments received during the public comment period.
(7) The final permit to operate and final technical support document will be sent to the owner or operator of the air pollution source and will be made available at all of the locations where the draft permit was made available. In addition, the final permit to operate and final technical support document will be sent to all persons who provided comments on the draft permit to operate.
(8) The final permit to operate will be a final agency action for purposes of administrative appeal and judicial review.
(f) Definitions of terms used in this section. The following terms that are used in this section are defined in §49.123 General provisions: Act, actual emissions, air pollutant, air pollution source, allowable emissions, ambient air, emission, emission factor, Federally enforceable, implementation plan, owner or operator, potential to emit, and Regional Administrator.
§§ 49.140-49.200 [Reserved]
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Subpart D—Implementation Plans for Tribes—Region I
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§§ 49.201-49.470 [Reserved]
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Subpart E—Implementation Plans for Tribes—Region II
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§§ 49.471-49.680 [Reserved]
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Subpart F—Implementation Plans for Tribes—Region III
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§§ 49.681-49.710 [Reserved]
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Subpart G—Implementation Plans for Tribes—Region IV
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§§ 49.711-49.920 [Reserved]
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Subpart H—Implementation Plans for Tribes—Region V
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§§ 49.921-49.1970 [Reserved]
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Subpart I—Implementation Plans for Tribes—Region VI
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§§ 49.1971-49.3920 [Reserved]
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Subpart J—Implementation Plans for Tribes—Region VII
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§§ 49.3921-49.4160 [Reserved]
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Subpart K—Implementation Plans for Tribes—Region VIII
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§§ 49.4161-49.5510 [Reserved]
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Subpart L—Implementation Plans for Tribes—Region IX
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§§ 49.5511-49.9860 [Reserved]
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Subpart M—Implementation Plans for Tribes—Region X
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Source: 65 FR 51433, Aug. 23, 2000, unless otherwise noted.
Implementation Plan for the Burns Paiute Tribe of the Burns Paiute Indian Colony of Oregon
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Source: 70 FR 18110, Apr. 8, 2005, unless otherwise noted.
§ 49.9861 Identification of plan.
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This section and §§49.9862 through 49.9890 contain the implementation plan for the Burns Paiute Tribe of the Burns Paiute Indian Colony. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Reservation of the Burns Paiute Indian Colony.
§ 49.9862 Approval status.
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There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Reservation of the Burns Paiute Indian Colony.
§ 49.9863 Legal authority. [Reserved]
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§ 49.9864 Source surveillance. [Reserved]
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§ 49.9865 Classification of regions for episode plans.
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The air quality control region which encompasses the Reservation of the Burns Paiute Indian Colony is classified as follows for purposes of episode plans:
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Pollutant Classification
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Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... III
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§ 49.9866 Contents of implementation plan.
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The implementation plan for the Reservation of the Burns Paiute Indian Colony consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(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.
§ 49.9867 EPA-approved Tribal rules and plans. [Reserved]
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§ 49.9868 Permits to construct.
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Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.9869 Permits to operate.
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Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.9870 Federally-promulgated regulations and Federal implementation plans.
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The following regulations are incorporated and made part of the implementation plan for the Reservation of the Burns Paiute Indian Colony:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§§ 49.9871-49.9890 [Reserved]
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Implementation Plan for the Confederated Tribes of the Chehalis Reservation, Washington
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Source: 70 FR 18110, Apr. 8, 2005, unless otherwise noted.
§ 49.9891 Identification of plan.
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This section and §§49.9892 through 49.9920 contain the implementation plan for the Confederated Tribes of the Chehalis Reservation. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Chehalis Reservation.
§ 49.9892 Approval status.
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There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Chehalis Reservation.
§ 49.9893 Legal authority. [Reserved]
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§ 49.9894 Source surveillance. [Reserved]
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§ 49.9895 Classification of regions for episode plans.
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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
------------------------------------------------------------------------
§ 49.9896 Contents of implementation plan.
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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.
§ 49.9897 EPA-approved Tribal rules and plans. [Reserved]
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§ 49.9898 Permits to construct.
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Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.9899 Permits to operate.
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Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.9900 Federally-promulgated regulations and Federal implementation plans.
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The following regulations are incorporated and made part of the implementation plan for the Chehalis Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§§ 49.9901-49.9920 [Reserved]
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Implementation Plan for the Coeur D'Alene Tribe of the Coeur D'Alene Reservation, Idaho
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Source: 70 FR 18111, Apr. 8, 2005, unless otherwise noted.
§ 49.9921 Identification of plan.
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This section and §§49.9922 through 49.9950 contain the implementation plan for the Coeur D'Alene Tribe of the Coeur D'Alene Reservation. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Coeur D'Alene Reservation.
§ 49.9922 Approval status.
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There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Coeur D'Alene Reservation.
§ 49.9923 Legal authority. [Reserved]
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§ 49.9924 Source surveillance. [Reserved]
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§ 49.9925 Classification of regions for episode plans.
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The air quality control region which encompasses the Coeur D'Alene Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... I
Sulfur oxides........................... II
------------------------------------------------------------------------
§ 49.9926 Contents of implementation plan.
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The implementation plan for the Coeur D'Alene Reservation consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(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.
§ 49.9927 EPA-approved Tribal rules and plans. [Reserved]
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§ 49.9928 Permits to construct.
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Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.9929 Permits to operate.
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Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.9930 Federally-promulgated regulations and Federal implementation plans.
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The following regulations are incorporated 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 49.129 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.
§§ 49.9931-49.9950 [Reserved]
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Implementation Plan for the Confederated Tribes of the Colville Reservation, Washington
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Source: 70 FR 18111, Apr. 8, 2005, unless otherwise noted.
§ 49.9951 Identification of plan.
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This section and §§49.9952 through 49.9980 contain the implementation plan for the Confederated Tribes of the Colville Reservation. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Colville Reservation.
§ 49.9952 Approval status.
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There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Colville Reservation.
§ 49.9953 Legal authority. [Reserved]
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§ 49.9954 Source surveillance. [Reserved]
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§ 49.9955 Classification of regions for episode plans.
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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 (continued)