Loading (50 kb)...'
(continued)
(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.
§ 49.10377 EPA-approved Tribal rules and plans. [Reserved]
top
§ 49.10378 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10379 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.10380 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the Muckleshoot Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§§ 49.10381-49.10400 [Reserved]
top
Implementation Plan for the Nez Perce Tribe of Idaho
top
Source: 70 FR 18120, Apr. 8, 2005, unless otherwise noted.
§ 49.10401 Identification of plan.
top
This section and §§49.10402 through 49.10430 contain the implementation plan for the Nez Perce Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Nez Perce Reservation, as described in the 1863 Nez Perce Treaty.
§ 49.10402 Approval status.
top
There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Nez Perce Reservation.
§ 49.10403 Legal authority. [Reserved]
top
§ 49.10404 Source surveillance. [Reserved]
top
§ 49.10405 Classification of regions for episode plans.
top
The air quality control region which encompasses the Nez Perce Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... I
Sulfur oxides........................... III
------------------------------------------------------------------------
§ 49.10406 Contents of implementation plan.
top
The implementation plan for the Nez Perce Reservation consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.127 Rule for woodwaste burners.
(f) Section 49.128 Rule for limiting particulate matter emissions from wood products industry sources.
(g) Section 49.129 Rule for limiting emissions of sulfur dioxides.
(h) Section 49.130 Rule for limiting sulfur in fuels.
(i) Section 49.131 General Rule for open burning.
(j) Section 49.132 Rule for general open burning permits.
(k) Section 49.133 Rule for agricultural burning permits.
(l) Section 49.134 Rule for forestry and silvicultural burning permits.
(m) Section 49.135 Rule for emissions detrimental to public health or welfare.
(n) Section 49.137 Rule for air pollution episodes.
(o) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.
(p) Section 49.139 Rule for non-Title V operating permits.
§ 49.10407 EPA-approved Tribal rules and plans. [Reserved]
top
§ 49.10408 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10409 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.10410 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the Nez Perce Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.127 Rule for woodwaste burners.
(f) Section 49.128 Rule for limiting particulate matter emissions from wood products industry sources.
(g) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(h) Section 49.130 Rule for limiting sulfur in fuels.
(i) Section 49.131 General rule for open burning.
(j) Section 49.132 Rule for general open burning permits.
(k) Section 49.133 Rule for agricultural burning permits.
(l) Section 49.134 Rule for forestry and silvicultural burning permits.
(m) Section 49.135 Rule for emissions detrimental to public health or welfare.
(n) Section 49.137 Rule for air pollution episodes.
(o) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions.
(p) Section 49.139 Rule for non-Title V operating permits.
Note to §49.10410: EPA entered into a Partial Delegation of Administrative Authority Agreement with the Nez Perce Tribe on June 27, 2005 for the rules listed in paragraphs (b), (i), (j), (k), (l) and (n) of this section.
[70 FR 18120, Apr. 8, 2005, as amended at 70 FR 54639, Sept. 16, 2005]
§ 49.10411 Permits for general open burning, agricultural burning, and forestry and silvicultural burning.
top
(a) Beginning June 7, 2005, a person must apply for and obtain a permit under §49.132 Rule for general open burning permits.
(b) Beginning June 7, 2005, a person must apply for and obtain approval of a permit under §49.133 Rule for agricultural burning permits.
(c) Beginning June 7, 2005, a person must apply for and obtain approval of a permit under §49.134 Rule for forestry and silvicultural burning permits.
§§ 49.10412-49.10430 [Reserved]
top
Implementation Plan for the Nisqually Indian Tribe of the Nisqually Reservation, Washington
top
Source: 70 FR 18120, Apr. 8, 2005, unless otherwise noted.
§ 49.10431 Identification of plan.
top
This section and §§49.10432 through 49.10460 contain the implementation plan for the Nisqually Indian Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Nisqually Reservation.
§ 49.10432 Approval status.
top
There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Nisqually Reservation.
§ 49.10433 Legal authority. [Reserved]
top
§ 49.10434 Source surveillance. [Reserved]
top
§ 49.10435 Classification of regions for episode plans.
top
The air quality control region which encompasses the Nisqually Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... II
------------------------------------------------------------------------
§ 49.10436 Contents of implementation plan.
top
The implementation plan for the Nisqually Reservation consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(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.
§ 49.10437 EPA-approved Tribal rules and plans. [Reserved]
top
§ 49.10438 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10439 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.10440 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the Nisqually Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(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.
§§ 49.10441-49.10460 [Reserved]
top
Implementation Plan for the Nooksack Indian Tribe of Washington
top
Source: 70 FR 18121, Apr. 8, 2005, unless otherwise noted.
§ 49.10461 Identification of plan.
top
This section and §§49.10462 through 49.10490 contain the implementation plan for the Nooksack Indian Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Reservation of the Nooksack Indian Tribe.
§ 49.10462 Approval status.
top
There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Reservation of the Nooksack Indian Tribe.
§ 49.10463 Legal authority. [Reserved]
top
§ 49.10464 Source surveillance. [Reserved]
top
§ 49.10465 Classification of regions for episode plans.
top
The air quality control region which encompasses the Reservation of the Nooksack Indian Tribe is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... II
------------------------------------------------------------------------
§ 49.10466 Contents of implementation plan.
top
The implementation plan for the Reservation of the Nooksack Indian Tribe consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(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.
§ 49.10467 EPA-approved Tribal rules and plans. [Reserved]
top
§ 49.10468 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10469 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.10470 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the Reservation of the Nooksack Indian Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§§ 49.10471-49.10490 [Reserved]
top
Implementation Plan for the Port Gamble Indian Community of the Port Gamble Reservation, Washington
top
Source: 70 FR 18122, Apr. 8, 2005, unless otherwise noted.
§ 49.10491 Identification of plan.
top
This section and §§49.10492 through 49.10520 contain the implementation plan for the Port Gamble Indian Community. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Port Gamble Reservation.
§ 49.10492 Approval status.
top
There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Port Gamble Reservation.
§ 49.10493 Legal authority. [Reserved]
top
§ 49.10494 Source surveillance. [Reserved]
top
§ 49.10495 Classification of regions for episode plans.
top
The air quality control region which encompasses the Port Gamble Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... I
Nitrogen dioxide........................ III
Ozone................................... I
Particulate matter (PM10)............... I
Sulfur oxides........................... IA
------------------------------------------------------------------------
§ 49.10496 Contents of implementation plan.
top
The implementation plan for the Port Gamble Reservation consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§ 49.10497 EPA-approved Tribal rules and plans. [Reserved]
top
§ 49.10498 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10499 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.10500 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the Port Gamble Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§§ 49.10501-49.10520 [Reserved]
top
Implementation Plan for the Puyallup Tribe of the Puyallup Reservation, Washington
top
Source: 70 FR 18122, Apr. 8, 2005, unless otherwise noted.
§ 49.10521 Identification of plan.
top
This section and §§49.10522 through 49.10550 contain the implementation plan for the Puyallup Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply to trust and restricted lands within the 1873 Survey Area of the Puyallup Reservation (the Puyallup Reservation), consistent with the Puyallup Tribe of Indians Land Claims Settlement Act, ratified by Congress in 1989 (25 U.S.C. 1773).
§ 49.10522 Approval status.
top
There are currently no EPA-approved Tribal rules or measures in the implementation plan for the lands in trust that are within the Puyallup Reservation.
§ 49.10523 Legal authority. [Reserved]
top
§ 49.10524 Source surveillance. [Reserved]
top
§ 49.10525 Classification of regions for episode plans.
top
The air quality control region which encompasses the lands in trust that are within the Puyallup Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... I
Nitrogen dioxide........................ III
Ozone................................... I
Particulate matter (PM10)............... I
Sulfur oxides........................... IA
------------------------------------------------------------------------
§ 49.10526 Contents of implementation plan.
top
The implementation plan for the lands in trust that are within the Puyallup Reservation consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(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.
§ 49.10527 EPA-approved Tribal rules and plans. [Reserved]
top
§ 49.10528 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10529 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.10530 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the land in trust are within the Puyallup Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(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.
§§ 49.10531-49.10550 [Reserved]
top
Implementation Plan for the Quileute Tribe of the Quileute Reservation, Washington
top
Source: 70 FR 18123, Apr. 8, 2005, unless otherwise noted.
§ 49.10551 Identification of plan.
top
This section and §§49.10552 through 49.10580 contain the implementation plan for the Quileute Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Quileute Reservation.
§ 49.10552 Approval status.
top
There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Quileute Reservation.
§ 49.10553 Legal authority. [Reserved]
top
§ 49.10554 Source surveillance. [Reserved]
top
§ 49.10555 Classification of regions for episode plans.
top
The air quality control region which encompasses the Quileute Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... II
------------------------------------------------------------------------
§ 49.10556 Contents of implementation plan.
top
The implementation plan for the Quileute 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.
§ 49.10557 EPA-approved Tribal rules and plans. [Reserved]
top
§ 49.10558 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10559 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.10560 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the Quileute Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§§ 49.10561-49.10580 [Reserved]
top
Implementation Plan for the Quinault Tribe of the Quinault Reservation, Washington
top
Source: 70 FR 18123, Apr. 8, 2005, unless otherwise noted.
§ 49.10581 Identification of plan.
top
This section and §§49.10582 through 49.10640 contain the implementation plan for the Quinault Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Quinault Reservation.
§ 49.10582 Approval status.
top
There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Quinault Reservation.
§ 49.10583 Legal authority. [Reserved]
top
§ 49.10584 Source surveillance. [Reserved]
top
§ 49.10585 Classification of regions for episode plans.
top
The air quality control region which encompasses the Quinault 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
------------------------------------------------------------------------
§ 49.10586 Contents of implementation plan.
top
The implementation plan for the Quinault Reservation consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§ 49.10587 EPA-approved Tribal rules and plans. [Reserved]
top
§ 49.10588 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10589 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.10590 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the Quinault Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§§ 49.10591-49.10640 [Reserved]
top
Implementation Plan for the Sauk-Suiattle Indian Tribe of Washington
top
Source: 70 FR 18124, Apr. 8, 2005, unless otherwise noted.
§ 49.10641 Identification of plan.
top
This section and §§49.10642 through 49.10670 contain the implementation plan for the Sauk-Suiattle Indian Tribe. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Reservation of the Sauk-Suiattle Tribe.
§ 49.10642 Approval status.
top
There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Reservation of the Sauk-Suiattle Tribe.
§ 49.10643 Legal authority. [Reserved]
top
§ 49.10644 Source surveillance. [Reserved]
top
§ 49.10645 Classification of regions for episode plans.
top
The air quality control region which encompasses the Reservation of the Sauk-Suiattle Tribe is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... I
Nitrogen dioxide........................ III
Ozone................................... I
Particulate matter (PM10)............... I
Sulfur oxides........................... IA
------------------------------------------------------------------------
§ 49.10646 Contents of implementation plan.
top
The implementation plan for the Reservation of the Sauk-Suiattle Tribe consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§ 49.10647 EPA-approved Tribal rules and plans. [Reserved]
top
§ 49.10648 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10649 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.10650 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the Reservation of the Sauk-Suiattle Tribe:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(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.
§§ 49.10651-49.10670 [Reserved]
top
Implementation Plan for the Shoalwater Bay Tribe of the Shoalwater Bay Indian Reservation, Washington
top
Source: 70 FR 18125, Apr. 8, 2005, unless otherwise noted.
§ 49.10671 Identification of plan.
top
This section and §§49.10672 through 49.10700 contain the implementation plan for the Shoalwater Bay Tribe of the Shoalwater Bay Indian Reservation. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Shoalwater Bay Indian Reservation.
§ 49.10672 Approval status.
top
There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Shoalwater Bay Indian Reservation.
§ 49.10673 Legal authority. [Reserved]
top
§ 49.10674 Source surveillance. [Reserved]
top
§ 49.10675 Classification of regions for episode plans.
top
The air quality control region which encompasses the Shoalwater Bay Indian Reservation is classified as follows for purposes of episode plans:
------------------------------------------------------------------------
Pollutant Classification
------------------------------------------------------------------------
Carbon monoxide......................... III
Nitrogen dioxide........................ III
Ozone................................... III
Particulate matter (PM10)............... II
Sulfur oxides........................... II
------------------------------------------------------------------------
§ 49.10676 Contents of implementation plan.
top
The implementation plan for the Shoalwater Bay 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.
§ 49.10677 EPA-approved Tribal rules and plans. [Reserved]
top
§ 49.10678 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10679 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
§ 49.10680 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the Shoalwater Bay Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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.
§§ 49.10681-49.10700 [Reserved]
top
Implementation Plan for the Shoshone-Bannock Tribes of the Fort Hall Indian Reservation of Idaho
top
§ 49.10701 Identification of plan.
top
This section and §§49.10702 through 49.10730 contain the implementation plan for the Shoshone-Bannock Tribes of the Fort Hall Indian Reservation. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Fort Hall Indian Reservation.
[70 FR 18125, Apr. 8, 2005]
§ 49.10702 Approval status.
top
There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Fort Hall Indian Reservation.
[70 FR 18125, Apr. 8, 2005]
§ 49.10703 Legal authority. [Reserved]
top
§ 49.10704 Source surveillance. [Reserved]
top
§ 49.10705 Classification of regions for episode plans.
top
The air quality control region which encompasses the Fort Hall 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........................... II
------------------------------------------------------------------------
[70 FR 18125, Apr. 8, 2005]
§ 49.10706 Contents of implementation plan.
top
The implementation plan for the Fort Hall Indian Reservation consists of the following rules, regulations, and measures:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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 49.10711 Federal Implementation Plan for the Astaris-Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall PM–10 nonattainment Area.
[70 FR 18125, Apr. 8, 2005]
§ 49.10707 EPA-approved tribal rules and plans. [Reserved]
top
§ 49.10708 Permits to construct.
top
Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21.
§ 49.10709 Permits to operate.
top
Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of §49.139.
[70 FR 18126, Apr. 8, 2005]
§ 49.10710 Federally-promulgated regulations and Federal implementation plans.
top
The following regulations are incorporated and made part of the implementation plan for the Fort Hall Indian Reservation:
(a) Section 49.123 General provisions.
(b) Section 49.124 Rule for limiting visible emissions.
(c) Section 49.125 Rule for limiting the emissions of particulate matter.
(d) Section 49.126 Rule for limiting fugitive particulate matter emissions.
(e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
(f) Section 49.130 Rule for limiting sulfur in fuels.
(g) Section 49.131 General rule for open burning.
(h) Section 49.135 Rule for emissions detrimental to 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 49.10711 Federal Implementation Plan for the Astaris-Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall PM–10 Nonattainment Area.
[70 FR 18126, Apr. 8, 2005]
§ 49.10711 Federal Implementation Plan for the Astaris-Idaho LLC Facility (formerly owned by FMC Corporation) in the Fort Hall PM–10 Nonattainment Area.
top
(a) Applicability. This section applies to the owner(s) or operator(s) of the Astaris-Idaho LLC's elemental phosphorus facility located on the Fort Hall Indian Reservation in Idaho, including any new owner(s) or operator(s) in the event of a change in ownership or operation of the Astaris-Idaho facility.
(b) Definitions. The terms used in this section retain the meaning accorded them under the Clean Air Act, except as follows:
Astaris-Idaho or Astaris-Idaho facility means all of the pollutant-emitting activities that comprise the elemental phosphorus plant owned by or under the common control of Astaris-Idaho LLC in Township 6 south, Range 33 east, Sections 12, 13, and 14, and that lie within the exterior boundaries of the Fort Hall Indian Reservation, in Idaho, including, without limitation, all buildings, structures, facilities, installations, material handling areas, storage piles, roads, staging areas, parking lots, mechanical processes and related areas, and other processes and related areas. For purposes of this section, the term “Astaris-Idaho” or “Astaris-Idaho facility” shall not include pollutant emitting activities located on lands outside the exterior boundaries of the Fort Hall Indian Reservation.
Bag leak detection guidance means Office of Air Quality Planning and Standards (OAQPS): Fabric Filter Bag Leak Detection Guidance, EPA 454/R–98–015 (Sept. 1997).
Begin actual construction means, in general, initiation of physical on-site construction activities on a source which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in the method of operating, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.
Certified observer means a visual emissions observer who has been properly certified using the initial certification and periodic semi-annual recertification procedures of 40 CFR part 60, appendix A, Method 9.
Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of a source) which would result in a change in actual emissions.
Emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control of the owner or operator of the Astaris-Idaho facility, including acts of God, which requires immediate corrective action to restore normal operation. An emergency shall not include events caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.
Emission limitation or emission standard means a requirement which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operations or maintenance procedures to assure continuous emission reduction.
EPA means United States Environmental Protection Agency, Region 10.
Excess emissions means emissions of an air pollutant in excess of an emission limitation.
Excursion means a departure from a parameter range approved under paragraphs (e)(3) or (g)(1) of this section, consistent with any averaging period specified for averaging the results of monitoring.
Fugitive emissions means those emissions that do not actually pass through a stack, chimney, vent, or other functionally equivalent opening.
Malfunction means any sudden and unavoidable breakdown of process or control equipment. A sudden breakdown which could have been avoided by better operation and maintenance is not a malfunction.
Method 5 is the reference test method described in 40 CFR part 60, appendix A, conducted in accordance with the requirements of this section.
Method 9 is the reference test method described in 40 CFR part 60, appendix A.
Methods 201, 201A, and 202 are the reference test methods described in 40 CFR part 51, appendix M, conducted in accordance with the requirements of this section.
Mini-flush means the process of flushing elemental phosphorus, which has solidified in the secondary condenser, to the elevated secondary condenser flare or to the ground flare, and thus into the atmosphere.
Modification means any physical change in or a change in the method of operation of, an existing source which increases the amount of particulate matter emitted by that source. The following shall not, by themselves, be considered modifications:
(1) Maintenance, repair, and replacement which the Regional Administrator determines to be routine for the particular source;
(2) An increase in production rate of an existing source, if that increase can be accomplished without a physical change to the source or the Astaris-Idaho facility;
(3) An increase in the hours of operation of an existing source, if that increase can be accomplished without a physical change to the source or the Astaris-Idaho facility;
(4) Use of an alternative fuel or raw material, if the existing source is capable of accommodating that alternative without a physical change to the source or the Astaris-Idaho facility; or
(5) The addition, replacement, or use of any system or device whose primary function is the reduction of an air pollutant, except when an emissions control system is removed or replaced by a system which the Regional Administrator determines to be less environmentally beneficial.
Monitoring malfunction means any sudden, infrequent, not reasonably preventable failure of the monitoring to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not monitoring malfunctions.
O&M plan means an operation and maintenance plan developed by Astaris-Idaho and submitted to EPA in accordance with paragraph (e)(8) of this section.
Opacity means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
Opacity action level means the level of opacity of emissions from a source requiring the owner or operator of the Astaris-Idaho facility to take prompt corrective action to minimize emissions, including without limitation those actions described in the approved operations and maintenance plan.
Owner or operator means any person who owns, leases, operates, controls, or supervises the Astaris-Idaho facility or any portion thereof.
Particulate matter means any airborne finely-divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.
PM–10 or PM–10 emissions means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal ten micrometers emitted to the ambient air as measured by an applicable reference method such as Method 201, 201A, or 202, of 40 CFR Part 51, appendix M, or an equivalent or alternative method specifically approved by the Regional Administrator.
Regional Administrator means the Regional Administrator, EPA Region 10, or a duly designated representative of the Regional Administrator.
Road means access and haul roads, driveways or established vehicle paths, permanent or temporary, which are graded, constructed, used, reconstructed, improved, or maintained for use in vehicle movement throughout the Astaris-Idaho facility.
Shutdown means the cessation of operation of a source for any purpose.
Slag Pit Area means the area of the Astaris-Idaho facility immediately bordering the south side of the furnace building extending out 100 yards.
Source means any building, structure, facility, installation, material handling area, storage pile, road, staging area, parking lot, mechanical process or related area, or other process or related area which emits or may emit particulate matter. (continued)