2020ss05

SUPPORTING STATEMENT

Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon and Washington

EPA ICR # 2020.05

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

Federal Implementation Plans (FIPs) under the Clean Air Act for Indian Reservations in Idaho, Oregon and Washington, ICR 2020.05, OMB Control Number 2060-0558.

1(b) Short Characterization/Abstract

In 2005, the U.S. Environmental Protection Agency (EPA) promulgated Federal Implementation Plans (FIPs) under the Clean Air Act (CAA) for Indian reservations located in Idaho, Oregon and Washington. The FIPs include basic air quality regulations to protect health and welfare on Indian reservations located in the Northwest. These rules are implemented by EPA and delegated to Tribes. OMB approved an Information Collection Request (ICR) entitled “Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon and Washington,” on November 16, 2004, and approved a renewal on May 23, 2008, which is scheduled to expire on May 31, 2011. This ICR is a renewal of the May 2008 ICR and presents updated burden estimates for respondents to comply with various FIP provisions required by 40 CFR Part 49, Subpart M Implementation Plans for Tribes ‑ Region 10.

1(c) Background

The CAA establishes requirements for state and local air agencies (S/Ls) to implement the CAA through State Implementation Plans (SIPs). Since the 1990 CAA amendments, EPA is clearly on record that, absent explicit Congressional authorization, the S/L requirements (e.g., SIPs) approved by EPA under the CAA do not extend into Indian reservations. EPA promulgated these FIPs as an important step to help fill the regulatory gap on Indian reservations in Idaho, Oregon, and Washington. EPA does not intend, nor does it expect, the FIPs to impose significantly different regulatory burdens upon industry or residents within reservations than those imposed by the rules of S/L in their SIPs.

Prior to 1990, the CAA was almost completely without any reference to American Indian Tribes or Indian reservation lands. Therefore, the S/Ls had generally implemented their programs throughout their designated land area, including reservation lands. In most cases, sources located on Indian reservations complied with S/L rules, and most industrial sources installed or upgraded air pollution control equipment. Therefore, EPA has found that most sources affected by the FIPs already had sufficient control equipment to enable them to attain and maintain compliance with these FIPs.

ICR Revisions for the Renewal

The ICR has been updated to reflect updated wage rates, new information about the air pollution sources on the affected Indian reservations, and better burden and cost estimates based on experience implementing the rule and based on knowledge gained through respondent consultations. No comments were received during the comment request period.

Summary of the FIP Rules

The rules are presented in categories, as follows:

Rules for which an ICR has been prepared include:

Section 49.122. Partial delegation of administrative authority to a Tribe

Section 49.124. Visible emissions

Section 49.126. Fugitive particulate matter

Section 49.127. Woodwaste burners¹

Section 49.130. Sulfur content of fuels

Section 49.131. Open burning

Section 49.132. General open burning permits¹

Section 49.133. Agricultural burning permits¹

Section 49.134. Forestry and silvicultural burning permits¹

Section 49.135. Emissions detrimental to human health or welfare

Section 49.138. Registration of air pollution sources and reporting of emissions

Section 49.139. Rule for non-Title V operating permits

Rules for which an ICR was not prepared and rationale, include:

Section 49.123. General provisions

Section 49.125. Particulate matter

Section 49.128. Particulate matter emissions from wood products industry sources¹

Section 49.129. Sulfur dioxide

Section 49.137. Air pollution episodes

Rules - ICR Prepared

Section 49.122 - Partial delegation of administrative authority to a Tribe. Section 49.122 establishes a process for EPA to delegate to a Tribal government the authority to assist EPA in administering one or more of the Federal rules that have been promulgated for the Tribe’s reservation. This provision sets out the process a Tribe must follow to request a partial delegation, how that delegation will be accomplished, and how the public and regulated sources will be informed of the delegation. This provision allows EPA to delegate distinct and severable Federal regulations to a qualified Tribe for implementation, without requiring a Tribe to take on all aspects of the Federal air regulations. Nothing in these rules requires EPA to delegate administrative authorities to Tribes. Under a partial delegation agreement, EPA would authorize a Tribal government to administer specific functions of one or more of the rules, with Tribal government employees acting as authorized representatives of EPA and with the oversight of EPA staff. Any challenges to an action will be handled directly by EPA, and any formal appeals or enforcement actions will proceed under EPA’s administrative and civil judicial procedures.

Section 49.124 - Visible emissions. Section 49.124 establishes that visible emissions from air pollution sources may not exceed 20 percent opacity, averaged over six consecutive minutes, as measured by EPA Method 9. This section does not apply to certain sources, such as: open burning; agricultural activities; forestry and silvicultural activities; non-commercial smoke houses; sweat houses or lodges; smudge pots; furnaces and boilers used exclusively to heat residential buildings with four or fewer units; fugitive dust from public roads owned or maintained by any Federal, Tribal, State, or local government; and fuel combustion in mobile sources. The visible emissions from an oil-fired boiler or solid fuel-fired boiler that continuously measures opacity with a continuous opacity monitoring system (COMS) may exceed the 20 percent opacity limit during start-up, soot-blowing, and grate-cleaning for a single period of up to 15 consecutive minutes in any eight consecutive hours, but must not exceed 60 percent opacity at any time.

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

Section 49.127 - Woodwaste burners. On the Colville Indian Reservation and the Nez Perce Reservation, EPA promulgated § 49.127 which phases out the operation of woodwaste burners (commonly known as wigwam or teepee burners). The owner or operator of a woodwaste burner, including woodwaste burners that are not currently being used, were required to submit a plan for shutting down the woodwaste burner to EPA by December 5, 2005 and were required to shut down and dismantle the woodwaste burner by June 7, 2007. Until existing woodwaste burners were dismantled, visible emissions from a woodwaste burner could not exceed 20% opacity, averaged over six consecutive minutes, as measured by EPA Method 9, and only wood waste generated on-site could be burned or disposed of in the woodwaste burner. Sources could have applied to EPA for an extension of the two-year deadline if there was no reasonably available alternative method of disposal for the wood waste.

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

Section 49.135 - Emissions detrimental to human health or welfare. Under § 49.135, an owner or operator of an air pollution source is not allowed to cause or allow the emission of any air pollutants, in sufficient quantities and of such characteristics and duration, that the Regional Administrator determines causes or contributes to a violation of any NAAQS; or is presenting an imminent and substantial endangerment to public health or welfare, or the environment. If the Regional Administrator makes such a determination under § 49.135, the Regional Administrator may require the source to install air pollution controls or to take reasonable precautions to reduce or prevent the emissions. The specific requirements would be established in a permit.

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

Section 49.132 - General open burning permits. Any person who wants to conduct an open burn on the Nez Perce Reservation or the Umatilla Indian Reservation must: 1) obtain a permit for each open burn; 2) have the permit available on-site during the open burn; 3) conduct the open burn in accordance with the terms and conditions of the permit; and 4) comply with the General rule for open burning (§ 49.131) or the EPA-approved Tribal open burning rules in a Tribal Implementation Plan (TIP), as applicable. The following activities are exempt: fires set for cultural or traditional purposes, including fires within structures such as sweat houses or lodges; fires for recreational purposes, provided that no prohibited materials are burned; forestry and silvicultural burning (forestry and silvicultural burning is covered under § 49.134 Rule for forestry and silvicultural burning permits); and agricultural burning (agricultural burning is covered under § 49.133 Rule for agricultural burning permits). The Regional Administrator will take into consideration relevant factors including, but not limited to, the size, duration, and location of the proposed open burn, the current and projected air quality conditions, forecasted meteorological conditions, and other scheduled burning activities in the surrounding area in determining whether to issue the permit. The Nez Perce and Umatilla Tribes have partial delegation from EPA to implement this rule on their respective reservations. The burn permit programs under the FIPs became effective on the Nez Perce Reservation on June 7, 2005 and on the Umatilla Indian Reservation on January 1, 2007.

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

The Nez Perce and Umatilla Tribes have partial delegation from EPA to implement this rule on their respective reservations. As with the general open burning permit rule and forestry and silvicultural burning permit rule at §§ 49.132 and 49.134, the agricultural burn permit programs under the FIPs became effective on the Nez Perce Reservation on June 7, 2005 and on the Umatilla Indian Reservation on January 1, 2007. Prior to the implementation of the FIPs, EPA and the Nez Perce Tribe had been operating under an intergovernmental agreement with the Idaho Department of Environmental Quality and the Idaho State Department of Agriculture to manage agricultural field burning in the Clearwater Airshed.

Section 49.134 - Forestry and silvicultural burning permits. Any person who wants to conduct a forestry or silvicultural burn on the Nez Perce Reservation or the Umatilla Indian Reservation must: 1) apply for a permit to conduct a forestry or silvicultural burn; 2) obtain approval of the permit on the day of the burn, 3) have the permit available on-site during the forestry or silvicultural burn; and 4) conduct the burn in accordance with the terms and conditions of the permit. This forestry and silvicultural burning permit program is a smoke management program under which final approvals to conduct burns are given on a daily basis. Prior to the requested burn days, land owners will have received preliminary permits that are effective only after the daily approvals are given. The rule provides EPA and delegated Tribes the flexibility to implement smoke management programs that, on a day-to-day operational basis, resemble those of neighboring jurisdictions or represent a typical program. All burning activities must also comply with the General rule for open burning (§ 49.131) or the EPA-approved Tribal open burning rules in a TIP, as applicable.

The Nez Perce and Umatilla Tribes have partial delegation from EPA to implement this rule on their respective reservations. As with the general open burning permit and agricultural burning permit rules at §§ 49.132 and 49.133, the forestry and silvicultural burn permit programs under the FIPs became effective on the Nez Perce Reservation on June 7, 2005 and on the Umatilla Indian Reservation on January 1, 2007.

Section 49.138 - Registration of air pollution sources and reporting of emissions. Any person who owns or operates an air pollution source, except those expressly exempted from this section, will be required to annually register the source with EPA and report emissions. A person subject to this section was required to register an existing air pollution source by February 15, 2007. A new air pollution source that is not exempt must register within 90 days after beginning operation. A new air pollution sources is defined as a source that begins actual construction after the effective date of this rule (June 7, 2007), and an existing air pollution source is a source that exists as of the effective date of this rule or has begun actual construction before the effective date of this rule. Sources must re-register each year and provide updates on any changes to the information provided in the previous registration. In addition, a person must promptly report any changes in ownership, location or operation. All registration information and reports must be submitted on forms provided by the Regional Administrator. The following sources are exempt from this section, unless the source is subject to a standard established under section 111 or section 112 of the CAA: air pollution sources that do not have the potential to emit more than two tons per year of any air pollutant; mobile sources; single-family residences and residential buildings with four or fewer units; air conditioning units used for human comfort that do not exhaust air pollutants into the atmosphere from any manufacturing or industrial process; ventilating units used for human comfort that do not exhaust air pollutants into the atmosphere from any manufacturing or industrial process; furnaces and boilers used exclusively for space heating with a rated heat input capacity of less than 400,000 Btu per hour; cooking of food, except for wholesale businesses that both cook and sell cooked food; consumer use of office equipment and products; janitorial services and consumer use of janitorial products; maintenance and repair activities, except for air pollution sources engaged in the business of maintaining and repairing equipment; agricultural activities and forestry and silvicultural activities, including agricultural burning and forestry and silvicultural burning; and open burning. Sources subject to a standard established under section 111 or section 112 of the CAA must register.

Section 49.139 - Rule for non-Title V operating permits. This section creates a permitting program that can be used to establish Federally-enforceable requirements for air pollution sources on Indian reservations. This section applies in the following three situations: 1) the owner or operator of any source wishes to obtain a Federally-enforceable limitation on the source’s actual emissions or potential to emit and submits an application to the Regional Administrator requesting such a limitation; 2) the Regional Administrator determines that additional Federally-enforceable requirements for a source are necessary to ensure compliance with the FIP or, if applicable, TIP; or 3) the Regional Administrator determines that additional Federally-enforceable requirements for a source are necessary to ensure the attainment and maintenance of any National Ambient Air Quality Standards (NAAQS) or Prevention of Significant Deterioration (PSD) increment. In these three situations, the Regional Administrator may write the operating permit, following the consultation and public comment procedures described in this section. Also note that under this provision, a source that would require a part 71 Federal operating permit only because it is currently a major stationary source may obtain an operating permit under this section that limits its potential to emit to below major source thresholds so that the source is not subject to part 71.

Rules - ICR not prepared and rationale

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

Rationale for not preparing ICR. The general provisions are implemented through other rules and do not have any regulatory effect themselves.

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

Rationale for not preparing ICR. This section does not require any recordkeeping, reporting, or other information collection activities.

Section 49.128 - Particulate matter emissions from wood products industry sources. On the Colville Indian Reservation and the Nez Perce Reservation, EPA promulgated § 49.128 that applies to any person who owns or operates any of the following wood products industry sources: veneer manufacturing operations, plywood manufacturing operations, particleboard manufacturing operations, or hardboard manufacturing operations. This section imposes limits on the amount of PM10 that can be emitted from such sources, in addition to the particulate matter limits for combustion and process sources in § 49.125.

Rationale for not preparing ICR. This section does not require any recordkeeping, reporting, or other information collection activities.

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

Rationale for not preparing ICR. This section does not require any recordkeeping, reporting, or other information collection activities.

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

Rationale for not preparing ICR. This section does not require any recordkeeping, reporting, or other information collection activities.

1(d) Information to be Collected, Methods for Collection, and Use of Information

Four of the FIP rules require respondents to develop and maintain records as part of demonstrating compliance with the rule. Under the visible emissions rule (49.124), a boiler that has COMS and utilizes the exception to the 20% opacity limit, would keep opacity records, the fugitive particulate matter rule (49.126) requires respondents to annually survey their operations and document the results of the survey. If fugitive emissions are observed, the respondent is required to write a plan specifying the precautions they will take to prevent emission occurrence. The sulfur in fuel rule (49.130) requires respondents to obtain, record and keep data on sulfur content of fuels used at the facility. Testing, monitoring, and recordkeeping may be required in permits issued under the non-Title V operating permits rule (49.139).

The reporting requirements associated with this ICR are contained in the delegation rule (49.122), open burning rule (49.131), the open burning permit rule (49.132), the agricultural burning permit rule (49.133), the forestry/silvicultural burning rule (49.134), the registration rule (49.138) and the non-Title V operating permits rule (49.139). Section 49.122 requires Tribes to provide information to EPA to obtain partial authority to administer one or more of the Federal requirements included in the FIPs. Section 49.131 requires fire protection services to provide information to EPA or a delegated tribe to obtain permission for fire training. Sections 49.132, 49.133, and 49.134 require information to be submitted to EPA or a delegated tribe to obtain a burn permit. EPA developed forms for these burn permit applications. Section 49.138 requires owners or operators to register their air pollution sources with EPA. The information to be collected includes facility contact information, process data, emissions data, and information on control equipment. The initial registration was due to EPA in February 2007 and must be updated annually. Respondents must also report change of location, change of ownership, or closure of sources. EPA developed guidance and prepared forms for facilities to use in submitting information under the registration rule. Section 49.139 requires respondents that want to request a limit on their actual emissions or potential to emit, to submit an application for a federally-enforceable limit. EPA developed forms for facilities to use in submitting this information.

Information to be collected is described in more detail in Section 4(b) below and uses of the information are described under Section 2(b) below.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

EPA promulgated these rules for Indian reservations in Idaho, Oregon, and Washington to fill the gap in current regulations until such time as individual Tribes develop and implement approved TIPs. However, as of January 2011, no tribe in Region 10 has submitted a TIP for EPA approval. Furthermore, States generally lack the authority to regulate air quality in Indian country. These rules were intended to provide regulatory tools for use by Region 10 in implementing the CAA on Indian reservations to supplement the regulations already established by EPA, such as the PSD, National Emission Standards for Hazardous Air Pollutants (NESHAP), and New Source Performance Standards (NSPS) programs.

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

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

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

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

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

EPA’s purpose for requesting this information is to protect the quality of the air resources for the Indian reservations in Idaho, Oregon and Washington, so as to promote the public health and welfare and the productive capacity of the populations therein.

EPA promulgated these rules to better enable the Agency to protect human health and welfare on the Indian reservations in the Northwest and to meet its trust responsibility to the Tribes. The FIPs also create opportunities for Tribes to partner with EPA in implementing these rules, and enable Tribes to develop their capacity to manage air quality.

2(b) Practical Utility/Users of the Data

This information is being used for the following purposes:

• to maintain an accurate inventory of sources and emissions;

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

• to issue permits or approvals;

• to manage burning to reduce its affect on people’s health;

• to ensure appropriate records are available to verify compliance with the FIPs;

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

• to provide credible evidence in compliance certifications and for establishing violations; and

• to enable EPA to require further air emission reductions if necessary to attain or maintain the NAAQS and to protect air quality from potential significant deterioration in a particular area.

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

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

EPA anticipates that these regulations can serve as models for Tribes as they develop their own air quality programs and to support development of TIPs. In addition, the rules provide air pollution sources on reservation with air quality control requirements and regulatory alternatives similar to those available to sources located off‑reservation.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication

Several sources of information have been reviewed to determine whether the information requested has already been gathered. Region 10 developed a data base of air pollution emission sources for Indian reservations. This effort included several visits to reservations in Region 10, reviews of State permit files, and discussions with Tribal representatives. EPA also maintains the National Emission Inventory data base which contains data on emission sources throughout the country. None of the sources reviewed contain information with the level of detail requested in the FIP rules. For example, Section 49.138 requests process information, facility plot plans, emissions data, facility contacts, and control equipment information. This information is needed by EPA for the purposes described in Section 2(b) above.

3(b) Public Notice Required Prior to ICR Submission to OMB

On October 29, 2010, EPA published a Federal Register Notice (75 FR 66754) soliciting comments on the proposed information collection. No comments were received during the comment request period.

3(c) Consultations

In June and July 2010, EPA contacted nine respondents to discuss the burden of the proposed information collection. A list of the people we contacted and a summary of the consultations are below.

1. Cathe Bateman, individual, farmer / agricultural burning

2. Bob Bennett, 209-863-3116, Silgan Containers Manufacturing Corporation

3. Cathryn Carrothers, 206-352-6552, consultant for AmtechCorporation

4. Nez Perce Tribe Forestry/Fire, 208-621-4625, forester

5. Brian McClatchey, 800-523-2464 x7387, Coeur d’Alene Gas Station – In House Attorney

6. Ken Jones, individual, open burning

7. Ron Spidell, 208-336-4862, consultant to Poe Asphalt Paving, Inc.

8. Fred Tornatore, 916-601-0531 x104, consultant for Warm Springs Forest Products Industries

9. Lester Higgins, 208-686-8101, Coeur d’Alene Tribe Air Quality

Section 49.122, Delegation. One tribal staff person estimated that it took 160-180 hours to apply for partial delegation of the FIPs. EPA altered its estimate downward from 300 to 240 hours based on this input. Future delegations will be more in line with the new estimate rather than the previous estimate. Like the Coeur d’Alene delegation, new delegations will not include delegation of the burn permit rules since those rules only apply on the Nez Perce and Umatilla Reservations, which already have delegation.

Section 49.124. Visible emissions. None of the respondents have installed or operate Continuous Opacity Monitoring Systems for the sole purpose of monitoring compliance with this rule.

Section 49.126. Fugitive particulate matter. The four respondent estimates to perform an initial survey and develop a fugitive emissions control plan ranged from 7 to 37 hours, and estimates for conducting annual surveys and plan updates ranged from 0 to 16 hours. Some of the respondent input was provided in monetary form and was converted into the number of hours. Based on the input we received, we slightly decreased the estimated hours for the new sources (initial survey and plans) and slightly increased the recurring hours.

Section 49.130. Sulfur content of fuels. We increased our burden estimates based on 2 respondents input of 3 and 35 hours. We do not think the estimate of 35 hours represents the average source. Based on an increased knowledge of the source universe, we increased the estimate of the number of respondents..

Section 49.132. General open burning permits. Respondent estimated that it took less than 20 minutes to complete and submit a permit. Respondent indicated that required phone calls took less than 2 minutes / call. We used his information in our burden estimate.

Section 49.133. Agricultural burning permits. Respondent estimated that it took between 15 to 30 minutes to complete and submit a permit. Respondents indicated that required phone calls took 2 minutes to complete. We used his information in our burden estimate.

Section 49.134. Forestry and silvicultural burning permits. Respondent estimated that it took 5 minutes to complete and submit a permit. Respondent indicated that required phone calls took 5 minutes to complete. We used his information in our burden estimate.

Section 49.138. Registration of air pollution sources and reporting of emissions. The five respondent estimates ranged from 2.5 hours to 40 hours for annual registration. We increased the number of recurring hours for moderately complex and Title V sources based on the input from consultations. This is lower than the average of the consultation input, but we think it is representative for the average source.

Section 49.139. Rule for non-Title V operating permits. Based on one respondent’s estimate of 92 hours to apply for a non-T5 permit, we decreased the estimated number of hours for a new source permit application from 350 to 250 hours. Three respondents estimated 7, 0, and 500 hours for recordkeeping and reporting burdent. We increased the recurring labor hours based on this input. We do not believe the estimate of 500 hours is representative of the average source.

General. None of the respondents have installed or operate Continuous Opacity Monitoring Systems or Continuous Emissions Monitoring Systems solely for the purpose of monitoring compliance with this rule and all of the respondents indicated that they did not perform compliance tests solely for the purpose of compliance with this rule.

3(d) Effects of Less Frequent Collection

One of the reporting requirements under this ICR is associated with Section 49.138 Registration of Air Pollution Sources. This rule required an initial registration by February 2007 and annual re-registrations. Collection of emissions data at a frequency of less than 1 year would not allow EPA to conduct analyses in support of programs such as those mentioned under 2(b) above. The other reporting requirements are related to submitting information to obtain a permit or for Tribes to obtain the authority to administer one or more of the provisions of a FIP. This information is needed to issue each permit or to establish each delegation agreement.

3(e) General Guidelines

This ICR does not violate any of OMB’s guidelines for information collection.

3(f) Confidentiality

Any information submitted to EPA for which a claim of confidentiality is made will be safeguarded according to EPA’s policies set forth in Title 40, Chapter 1, Part 2, Subpart B--Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979). Furthermore, the type of information that is being collected by EPA is not expected to be considered confidential in most cases.

3(g) Sensitive Questions

This information collection does not ask any questions concerning sexual behavior or attitudes, religious beliefs, or other matters usually considered private.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents

Entities potentially affected by this action include owners and operators of emission sources in all industry groups and tribal, federal, and local governments, located in the identified Indian reservations. Categories of entities potentially affected by this proposed information collection are summarized in Table 1 by North American Industry Classification System (NAICS) codes. A comparison of Standard Industrial Classification (SIC) and NAICS codes is provided in Appendix A.

Table 1

NAICS Codes for Entities Potentially

Affected by this Information Collection

Category	NAICS	Regulated entities
Industry	4471	Gasoline station storage tanks and refueling.
	5614	Lumber manufacturer support.
	21211	Coal mining.
	31332	Surface coating operation.
	33712	Furniture manufacture.
	56221	Medical waste incinerator.
	115112	Repellent and fertilizer applications.
	211111	Natural gas plant.
	211111	Oil and gas production.
	211112	Fractionation of natural gas liquids.
	212234	Copper mining and processing.
	212312	Stone quarrying and processing.
	212313	Stone quarrying and processing.
	212321	Sand and gravel production.
	221112	Power plant-coal-fired.
	221119	Power plant-biomass fueled.
	221119	Power plant-landfill gas fired.
	221210	Natural gas collection.
	221210	Natural gas pipeline.
	321113	Sawmill.
	321911	Window and door molding manufacturer.
	323110	Printing operations.
	323113	Surface coating operations.
	324121	Asphalt hot mix plants.
	325188	Elemental phosphorus plant.
	325188	Sulfuric acid plant.
	331314	Secondary aluminum production and extrusion.
	331492	Cobalt and tungsten recycling.
	332431	Surface coating operations.
	332812	Surface coating operations.
	421320	Concrete batching plant.
	422510	Grain elevator.
	422710	Crude oil storage and distribution.
	422710	Gasoline bulk plant.
	486110	Crude oil storage and distribution.
	486210	Natural gas compressor station.
	562212	Solid waste landfill.
	811121	Automobile refinishing shop.
	812320	Dry cleaner.
	111140	Wheat farming.
	111998	All other miscellaneous crop farming.
	115310	Support activities for forestry.
Federal government………	924110	Administration of Air and Water Resources and Solid Waste Management Programs.
State/local/tribal government	924110	Administration of Air and Water Resources and Solid Waste Management Programs

4(b) Information Requested

Data Items

For each FIP rule, the information to be collected is described below. Reporting and recordkeeping items are listed for each rule in Table 2.

Section 49.122 - Partial delegation of administrative authority to a Tribe. There are no recordkeeping requirements for section 49.122. Tribes that want the authority to administer one or more of the Federal requirements in a FIP must submit a request to EPA that identifies the specific provisions for which delegation is requested; identifies the Indian reservation for which delegation is requested; includes a statement by the Tribe’s legal counsel that the applicant is an Indian Tribe recognized by the Secretary of the Interior, a descriptive statement demonstrating that the applicant is currently carrying out substantial governmental duties and powers over a defined area and that it meets the requirements of 40 CFR 49.7(a)(2), and a description of the laws of the Indian Tribe that provide adequate authority to carry out the aspects of the provisions for which delegation is requested; and demonstrates that the Tribe has, or will have, the technical capability and adequate resources to carry out the aspects of the provisions for which delegation is requested. The delegation agreement sets forth the terms and conditions of the delegation, specifies the provisions that the Tribe will be authorized to administer, and is entered into by the Regional Administrator and the Tribe.

Section 49.124 - Visible emissions. There are no reporting requirements. The rule allows boilers with COMS (continuous opacity monitoring system) to exceed the opacity limit during start-up, soot blowing, and grate cleaning for a single period of up to 15 consecutive minutes in any eight consecutive hours.

Section 49.126 - Fugitive particulate matter. There are no reporting requirements. The recordkeeping requirements involve documenting surveys and preparation of a fugitive particulate matter control plan. Industrial sources will perform annual surveys of the air pollution source, document the results of the survey (including the date and time of the survey and identification of any sources of fugitive emissions found), prepare and update (as needed) a fugitive particulate matter control plan. The source must maintain records for five years that document the surveys and the reasonable precautions that were taken to prevent fugitive particulate matter emissions. For construction and demolition contractors, a control plan will be prepared for each project.

Section 49.127 - Woodwaste burners. There are no recordkeeping requirements. The rule required owners or operators of woodwaste burners to submit a plan to shut down and dismantle the woodwaste burner to EPA by December 5, 2005. The woodwaste burners were required to be shut down and dismantled no later than June 7, 2007, and the sources were required to notify EPA that the woodwaste burner was shut down and dismantled. All of these dates are past, and therefore, there are no longer any reporting requirements for this section.

Section 49.130 - Sulfur content of fuels. There are no reporting requirements. The recordkeeping requirements are to document the sulfur content of fuels used at the facility. If it is not currently being documented, the sulfur content data can be requested from the fuel distributor. Records of fuel purchases and fuel sulfur content must be kept for five years from date of purchase.

Section 49.131 - Open burning. There are no recordkeeping requirements for rule 49.131. Local Fire Protection Services (FPS) are required to contact and provide information to the Regional Administrator to gain permission for open outdoor fires associated with fire training. The information needed by the Regional Administrator or delegated tribal authority includes date and time of activity and a description of the activity (e.g., size of the structure).

Section 49.132 - General open burning permits. There are no recordkeeping requirements for rule 49.132. Respondents are required to contact and provide information to the Regional Administrator or delegated tribal authority to obtain an open burn permit. The information needed by the Regional Administrator or delegated authority includes location, date and time of activity, and a description of the activity including materials to be burned and safety precautions.

Section 49.133 - Agricultural burning permits. There are no recordkeeping requirements for rule 49.133. Respondents are required to contact and provide information to the Regional Administrator to obtain an agricultural burn permit. The information needed by the Regional Administrator or delegated authority includes location, date and time of activity, and a description of the activity including materials and quantity to be burned and safety precautions.

Section 49.134 - Forestry and silvicultural burning permits. There are no recordkeeping requirements for rule 49.134. Respondents are required to contact and provide information to the Regional Administrator to obtain a forestry burn permit. The information needed by the Regional Administrator or delegated authority includes location, date and time of activity, and a description of the activity including materials and quantity to be burned and safety precautions.

Section 49.135 - Emissions detrimental to human health or welfare. This section is implemented through other parts of the rule, primarily by issuing an EPA-required permit under section 49.139. There are no recordkeeping or reporting items required directly by this section, however, if a permit is required through section 49.139, there may be reporting and recordkeeping associated with the permit.

Section 49.138 - Registration of air pollution sources and reporting of emissions. Reporting requirements: Owners or operators of sources subject to the rule were required to register their air pollution sources by February 2007 with the Regional Administrator. Annual re-registration is required by February 15 of each year to update the registration for any changes from the previous year. If no changes have occurred, the owner or operator may reaffirm in writing to the Regional Administrator the correctness and status of previous information. The owner or operator of an air pollution source must report relocation of the source no later than 30 days prior to the relocation to the Regional Administrator. The owner or operator must also report change of ownership of the source to the Regional Administrator within 90 days after the change in ownership is effective. In addition, the owner or operator is required to report the closure of the source within 90 days of the cessation of operations.

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

• name of the air pollution source and nature of the business;

• street address, telephone number, and facsimile number of the air pollution source;

• name, mailing address, telephone number of the owner or operator;

• name, mailing address, telephone number, and facsimile number of the local individual responsible for compliance with this section;

• name and mailing address of the individual authorized to receive requests for data and information;

• a description of the production processes, air pollution control equipment, and a related flow chart;

• identification of emission units and air pollutant-generating activities;

• a plot plan showing the location of all emission units and air pollutant-generating activities. The plot plan must also show the property lines of the air pollution source, the height above grade of each emission release point, and the distance and direction to the nearest residential or commercial property;

• type and quantity of fuels, including the sulfur content of fuels, used on a daily, annual, and maximum hourly basis;

• type and quantity of raw materials used or final product produced on a daily, annual, and maximum hourly basis;

• typical operating schedule, including number of hours per day, number of days per week, and number of weeks per year;

• estimates of the total actual emissions from the air pollution source for the following air pollutants: particulate matter, PM10, PM2.5, sulfur oxides (SO_x), nitrogen oxides (NO_x), carbon monoxide (CO), volatile organic compounds (VOC), lead (Pb) and lead compounds, ammonia (NH₃), fluorides (gaseous and particulate), sulfuric acid mist (H₂SO₄), hydrogen sulfide (H₂S), total reduced sulfur (TRS), and reduced sulfur compounds, including all calculations for the estimates;

• estimated efficiency of air pollution control equipment under present or anticipated operating conditions;

• any other information specifically requested by the Regional Administrator; and

• certification by the owner or operator as to the truth, accuracy, and completeness of the information.

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

Section 49.139 - Rule for non-Title V operating permits. Reporting requirements: Owners or operators of sources may voluntarily apply for a non-Title V operating permit to obtain a Federally-enforceable limit on their actual emissions or potential to emit so that the source is below major source thresholds and can avoid certain other Federal requirement(s). Sources may be required to get a non-Title V operating permit if EPA determines additional requirements are needed to ensure implementation plan requirements are met or that the NAAQS or PSD increments are met.

Data items needed for an application for an owner-requested non-Title V permit are:

• name of the air pollution source and nature of the business;

• street address, telephone number, and facsimile number of the air pollution source;

• name, mailing address, telephone number of the owner or operator;

• name, mailing address, telephone number, and facsimile number of the local individual responsible for compliance with this section;

• name and mailing address of the individual authorized to receive requests for data and information;

• for each air pollutant and for all emissions units and air pollutant-generating activities to be covered by a limit: the proposed limit and a description of its effect on actual emissions or the potential to emit; proposed testing, monitoring, recordkeeping, and reporting requirements to be used to demonstrate and assure compliance with the proposed limit; description of the production processes and a related flow chart; identification of emission units and air pollutant-generating activities; type and quantity of fuels and/or raw materials used; description and estimated efficiency of air pollution control equipment under present or anticipated operating conditions; estimates of the allowable emissions and/or potential to emit that would result from compliance with the proposed limitation, and/or potential to emit that would result from compliance with the proposed limit, including all calculations for the estimates; and any other information specifically requested by the Regional Administrator; and

• certification by the owner or operator as to the truth, accuracy, and completeness of the information.

Data items needed for an EPA-required non-Title V permit are:

• Any information that the Regional Administrator determines is necessary to establish such requirements.

Testing, monitoring, recordkeeping, and reporting requirements to ensure compliance with the established limit may be required by the permit.

Table 2

Summary of Information Requested

FIP Rule (40CFR Section)	Information Requested
	Reporting Items	Recordkeeping Items
49.122 Delegation	Tribes must submit a delegation request to EPA with required information to obtain authority to administer one or more provisions of the FIPs.	No recordkeeping items.
49.124 Visible emissions	No reporting items.	If a source has COMS and utilizes the exception to the 20% opacity limit, the source will keep opacity records.
49.126 Fugitive particulate matter	No reporting items.	Affected facilities will annually survey the air pollution source, document the results of the survey, prepare a fugitive PM control plan and update it as necessary. Construction and demolition contractors will prepare a fugitive PM control plan for each project.
49.127 Woodwaste burners	The compliance dates for the reporting items are past.	No recordkeeping items.
49.130 Sulfur content of fuels	No reporting items.	Each respondent must maintain records of fuel purchases and the sulfur content of fuels used at the facility.
49.131 Open burning	Local FPS must contact the Regional Administrator or a delegated tribe and provide information to obtain permission for open burning.	No recordkeeping items.
49.132 Open burning permits	Respondent must contact the Regional Administrator or a delegated tribe and provide required information to obtain an open burn permit.	No recordkeeping items.
49.133 Agricultural burning permits	Respondent must contact the Regional Administrator or a delegated tribe and provide required information to obtain an agricultural burn permit.	No recordkeeping items.
49.134 Forestry and silvicultural burning permits	Respondent must contact the Regional Administrator or a delegated tribe and provide required information to obtain a forestry/silvicultural burn permit.	No recordkeeping items.
49.135 Emissions detrimental to human health or welfare	If required to get a permit under section 49.139, respondents must submit the information described under 49.139.	If required to get a permit under section 49.139, respondents must keep records as described under 49.139.
49.138 Registration	Respondents must register and annually re-register air pollution sources. Respondents must report change of location, change of ownership, or closure of sources.	No recordkeeping items other than those needed to support the reporting requirements of the rule.
49.139 Non-Title V operating permits	Respondents, if they want to establish limits on their actual emissions or potential to emit, must submit an application for Federally-enforceable emission limits. If required by EPA, respondents must submit information necessary for EPA to establish the limit and issue the permit. Reporting to ensure compliance with the established limit may be required by the permit.	Testing, monitoring, and recordkeeping to ensure compliance with the established limit may be required by the permit.

Respondent Activities

The activities that respondents must engage in to assemble, submit, or store the data items listed above are described below.

Section 49.122 - Partial delegation of administrative authority to a Tribe. Tribes that want the authority to administer one or more of the Federal requirements in a FIP must develop and submit a delegation request to EPA. The Tribe must also enter into a delegation agreement with EPA.

Section 49.124 - Visible emissions. The respondent must keep COMS records if it wants to utilize the exception to the opacity standard during start-up, soot blowing, and grate cleaning for a single period of up to 15 consecutive minutes in any eight consecutive hours.

Section 49.126 - Fugitive particulate matter. Respondents are divided into two groups: industrial facilities and construction and demolition contractors. Industrial facilities were required to perform an initial survey of the source and develop a fugitive PM control plan within the first year of the rule (by June 2006). They are then required to perform annual surveys and update the control plan as necessary. New sources are required to perform a survey and develop a fugitive PM control plan within 30 days after commencing operation. Construction and demolition contractors need to develop a fugitive PM control plan for each project prior to commencing construction or demolition.

Section 49.127 - Woodwaste burners. The rule required owners or operators of woodwaste burners to submit a plan to shut down and dismantle the woodwaste burner to EPA by December 5, 2005. The woodwaste burners were required to be shut down and dismantled no later than June 7, 2007, and the sources were required to notify EPA that the woodwaste burner was shut down and dismantled. All of these dates are past, and therefore, there are no longer any respondent activities under this section.

Section 49.130 - Sulfur content of fuels. Each respondent needs to file documentation of fuel sulfur content for each fuel shipment received. If fuel suppliers are unable to provide documentation verifying the fuel sulfur content, then respondents will need to sample and test the fuel to ensure it meets the fuel sulfur content requirements. However, to EPA's knowledge, fuel sulfur content data are readily available from all distributors. EPA is not aware of any sources that have performed tests of fuel sulfur content to verify compliance and it is assumed that no sources will need to perform tests of fuel sulfur content to verify compliance over the next three years. In addition, based on EPA experience and consultations with the sources, it is assumed that the fuel currently used on reservations already satisfies the fuel content requirement of the rule. Thus, sources have not had to switch to different fuel distributors and have not incurred increased fuel costs due to this rule.

Section 49.131 - Open burning. The local FPS is required to contact the Regional Administrator or delegated tribal authority to provide information in order to gain permission for open burning associated with fire training.

Section 49.132 - General open burning permits. The respondent will need to contact the Regional Administrator or delegated tribal authority and provide information in order to gain permission for the open burn. The respondent will be required to have the permit available at the site during the burn activity. The respondent will need to conduct the burn in accordance with the terms and conditions of the permit.

Section 49.133 - Agricultural burning permits. The respondent will need to contact the Regional Administrator or delegated tribal authority and provide information in order to gain permission for the agricultural burn. The respondent will be required to contact the Regional Administrator or delegated authority on the day of the burn for final approval. Respondents will need to have the permit available at the site during the burn activity. The respondent will need to conduct the burn in accordance with the terms and conditions of the permit.

Section 49.134 - Forestry and silvicultural burning permits. The respondent will need to contact the Regional Administrator or delegated tribal authority and provide information in order to gain permission for the forestry/silvicultural burn. The respondent will be required to contact the Regional Administrator or delegated authority on the day of the burn for final approval. Respondents will need to have the permit available at the site during the burn activity. The respondent will need to conduct the burn in accordance with the terms and conditions of the permit.

Section 49.135 - Emissions detrimental to human health or welfare. If EPA determines that an air pollution source is causing or contributing to a violation of any national ambient air quality standard or is presenting an imminent and substantial endangerment to public health or welfare or the environment, the source may be required to obtain a non-Title V operating permit under section 49.139.

Section 49.138 - Registration of air pollution sources and reporting of emissions. Respondents were required to submit initial registrations by February 2007 and are required to prepare annual re-registrations and submit these to the Regional Administrator. New sources are required to prepare initial registrations and submit these to the Regional Administrator within 90 days after beginning operations. These activities include preparation of facility, process unit, and emission estimates for all air pollution sources. Respondents are also required to report to the Regional Administrator the relocation, change of ownership, and closure of air pollution sources.

Section 49.139 – Rule for non-Title V operating permits. Owners or operators of sources who want to obtain a Federally-enforceable limit on their actual emissions or potential to emit must submit a non-Title V operating permit application. The respondent will need to respond to questions and possibly submit additional information to the Regional Administrator during review of the application. Sources may be required to get a non-Title V operating permit if EPA determines additional requirements are needed to ensure implementation plan requirements are met or that the NAAQS or PSD increments are met. Testing, monitoring, recordkeeping, and reporting requirements to ensure compliance with the established limit may be required by the permit.

5. THE INFORMATION COLLECTEDBAGENCY ACTIVITIES, COLLECTION METHODS, AND INFORMATION MANAGEMENT

5(a) Agency Activities

Table 3 provides a summary of the EPA (and delegated tribes) activities associated with the collection of information for each rule.

5(b) Collection Methodology and Management

Information collection for reporting requirements will be performed by written responses on EPA forms or through telephone contact with the respondent. EPA developed forms for sections 49.132 (Rule for general open burning permits), 49.133 (Rule for agricultural burning permits), 49.134 (Rule for forestry and silvicultural burning permits), 49.138 (Rule for the registration of air pollution sources and the reporting of emissions), and 49.139 (Rule for non-Title V operating permits). There are no required forms for delegation requests or delegation agreements under section 49.122 (Rule for partial delegation of administrative authority to a Tribe), however there are model requests and model agreements that can be used. EPA also developed guidance and instructions to help in filling out the forms for sections 49.138 and 49.139. EPA staff or a delegated Tribe will review each permit application, registration, or report to assure data completeness and accuracy. EPA has developed a database to manage the data collected through 49.138 (Rule for the registration of air pollution sources and the reporting of emissions). Region 10 will review the efficiency of using electronic reporting systems (e.g., via the internet) to facilitate the transfer of this information. Information that has not been deemed confidential may be accessed by the public following written request to the Regional Administrator.

Table 3

Summary of EPA (and Delegated Tribes) Activities

FIP Rule (40 CFR Section)	Agency Action
49.122 Delegation	Answer respondent questions, review delegation request, work with Tribe in developing delegation agreement, consult with appropriate governmental entities, and publish a notice in the Federal Register and in local newspapers, informing the public of any delegation agreement.
49.124 Visible emissions	None.
49.126 Fugitive particulate matter	Answer respondent questions, review fugitive particulate matter plans during source inspections.
49.127 Woodwaste burners	None. Compliance dates are past.
49.130 Sulfur content of fuels	Answer respondent questions, review records during source inspections.
49.131 Open burning	Answer respondent questions, grant permission for firefighter training, and store information on FPS requests.
49.132 Open burning permits	Answer respondent questions, review information submitted by respondents, issue permits and store information on open burn requests.
49.133 Agricultural burning permits	Answer respondent questions, review information submitted by respondents, issue permits, authorize the burn activity on the day of the proposed burn, and store information on agricultural burn requests.
49.134 Forestry and silvicultural burning permits	Answer respondent questions, review information submitted by respondents, issue permits, authorize the burn activity on the day of the proposed burn, and store information on forestry / silvicultural burn requests.
49.135 Emissions detrimental	Determine that an air pollution source is causing or contributing to a violation of any national ambient air quality standard or is presenting an imminent and substantial endangerment to public health or welfare or the environment; require the source to obtain a non-Title V operating permit under section 49.139.
49.138 Registration	Answer respondent questions, develop database, audit or review data submissions, record or enter data submissions, analyze requests for confidentiality and provide appropriate protection, reformat and distribute the data, and store the data.
49.139 Non-Title V operating permits	Answer respondent questions, audit or review data submissions, analyze requests for confidentiality and provide appropriate protection, store the data, conduct technical analysis, issue the permit, and perform public notice.

5(c) Small Entity Flexibility

EPA has critically reviewed the recordkeeping and reporting requirements associated with each rule and has reduced the information collection to data that are essential to both the respondent and EPA to ensure compliance with the requirements of each rule. In spite of efforts to minimize burden, potential impacts of the rules vary among small and large entities. Region 10 focused on outreach and compliance assistance during the first two years of rule implementation and also established a toll-free hotline to be available to small entities to answer questions and provide assistance with rule interpretation, compliance, and information collection. Region 10 also developed letters to potentially regulated sources, fact sheets, brochures, newsletters, guidance documents, and a website to help sources comply with the rules. EPA held eight registration workshops for potentially regulated sources to help them determine whether they needed to register and to assist them in filling out the registration forms. EPA also continues to be available for one-on-one assistance by phone.

5(d) Collection Schedule

A summary of the collection schedule for all reporting items is provided in Table 4 below. Since the permit application under rule 49.139 is voluntary (i.e., only for sources seeking Federally-enforceable emission limits), there is no specified collection schedule.

Table 4

Information Collection Schedule

FIP Rule (40 CFR Section)	Data Item	Due Date
49.122	Delegation request	n/a
49.124	No reporting requirements.	n/a
49.126	No reporting requirements.	n/a
49.127	Shut-down plan.	December 5, 2005
49.130	No reporting requirements.	n/a
49.131	FPS request for training burn.	Before date of requested burn
49.132	General open burn permit application.	At least 1 working day prior to the requested burn
49.133	Agricultural burn permit application.	Before date of requested burn
49.134	Forestry and silvicultural burn permit application.	Before date of requested burn
49.135	Permit application.	n/a
49.138	Initial registration for new sources Annual re-registration for all sources Relocation report Change of ownership report Closure report	Within 90 days of operation for new sources February 15th of each year 30 days prior to relocation within 90 days after change in ownership is effective within 90 days after the cessation of all operations
49.139	Permit application	n/a

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden

The respondent burden (labor hours) for complying with the information collection-related requirements of each rule and the total annual respondent burden for all FIP rules are summarized in Table 5. Table 6 breaks the annual respondent burden into reporting and recordkeeping hours.

6(b) Estimating Respondent Costs

The respondent costs for complying with the information collection-related requirements of each FIP rule and the total annual respondent costs for all FIP rules are summarized in Table 7.

Table 5

Annual Respondent Burden for the Region 10 Tribal FIP

Rule	Title	Respondents	Hours
Section 49.122	Delegation	7	240
Section 49.124	Visible emissions	0	0
Section 49.126	Fugitive particulate matter	113	544
Section 49.127	Woodwaste burners	0	0
Section 49.130	Sulfur content of fuels	138	1,420
Section 49.131	Open burning	3	9
Section 49.132	General open burning permits	1,040	520
Section 49.133	Agricultural burning permits	200	90
Section 49.134	Forestry and silvicultural burning permits	25	15
Section 49.135	Emissions detrimental to human health or welfare	0	0
Section 49.138	Registration of air pollution sources and reporting of emissions	138	907
Section 49.139	Rule for non-Title V operating permits	30	2,500
Totals		1,694	6,245

For the purposes of generating cost estimates for each of the rules, EPA assumed that there will be no capital costs incurred under any of these rules. EPA did not anticipate facilities would add monitoring, recordkeeping or reporting equipment as a result of these rules. The 2010 source consultations and EPA’s experience with implementing the rules provide further support for this assumption. Since EPA is unaware of any monitoring, recordkeeping or reporting equipment installed to comply with these rules, EPA did not estimate operation and maintenance (O&M) costs.

Table 6

Annual Respondent Burden for Reporting and Recordkeeping

Rule	Title	Reporting	Record-keeping	Total Hours
Section 49.122	Delegation	240	0	240
Section 49.124	Visible Emissions	0	0	0
Section 49.126	Fugitive particulate matter	0	544	544
Section 49.127	Woodwaste burners	0	0	0
Section 49.130	Sulfur content of fuels	0	1,420	1,420
Section 49.131	Open burning	9	0	9
Section 49.132	General open burning permits	520	0	520
Section 49.133	Agricultural burning permits	90	0	90
Section 49.134	Forestry and silvicultural burning permits	15	0	15
Section 49.135	Emissions detrimental to human health or welfare	0	0	0
Section 49.138	Registration of air pollution sources and reporting of emissions	907	0	907
Section 49.139	Rule for non-Title V operating permits	1,000	1,500	2,500
Totals		2,781	3,464	6,245

Table 7

Annual Respondent Cost for the Region 10 Tribal FIP

Rule	Title	Respondents	Cost ($)
Section 49.122	Delegation	7	15,228
Section 49.124	Visible emissions	0	0
Section 49.126	Fugitive particulate matter	113	34,517
Section 49.127	Woodwaste burners	0	0
Section 49.130	Sulfur content of fuels	138	90,099
Section 49.131	Open burning	3	571
Section 49.132	General open burning permits	1,040	32,994
Section 49.133	Agricultural burning permits	200	5,711
Section 49.134	Forestry and silvicultural burning permits	25	952
Section 49.135	Emissions detrimental to human health or welfare	0	0
Section 49.138	Registration of air pollution sources and reporting of emissions	138	57,549
Section 49.139	Rule for non-Title V operating permits	30	158,625
Totals		1,694	396,245

Estimating Labor Costs

This ICR employs wage rates based on 2010 wage data from the Bureau of Labor Statistics (BLS, 2010). Table 8 displays the calculation of the loaded (e.g., including overhead) industry wage rate for affected source activities. Based on this calculation, the loaded wage rate used to calculate affected source costs is $63.45 per hour. Details on the costing methods and assumptions are given below.

Table 8

Determination of 2010 Industry Wage Rates¹

Professional staff @ $46.29/hr¹ $46.29

Management support @ $55.26/hr¹ $55.26 +

Allocation Factor: 0.091² x 0.091

$5.03

Office / administrative support @ $23.27hr¹ $23.27 +

Allocation factor: 0.125³ x 0.125

$2.91

_________

Composite Wage Rate of Staff

associated Management / Clerical support $54.23

+

General Overhead, @ 17 percent of Wage Rate $9.22

_________

Total Composite Hourly Wage Rate $63.45

Section 49.122 - Partial delegation of administrative authority to a Tribe. EPA expects there will be one Tribe a year that requests delegation of these rules based on past experience. As of August 2010, four Tribes have received delegation since the rule was finalized in 2005. Based on the experience with the four delegation agreements and consultations, we expect future delegations to require less time, so we estimated 240 hours per delegation. We expect future delegations to require less time because they can use the existing requests and agreements as models. Additionally, the previous estimates were based on delegation for the burn permit rules, which are some of the most resource-intensive rules to administer. The burn permit rules only apply on two reservations, both of which already have delegation, so other Tribes will not be requesting delegation for the burn permit rules and the associated requests will be less complex.

Section 49.124 - Visible emissions. EPA is not aware of any boilers that have installed COMS and we do not expect any boilers to install COMS for the purpose of this rule, therefore our burden estimate for this rule is zero.

Section 49.126 - Fugitive particulate matter. There are industrial sources and construction and demolition contractors working on Tribal lands affected by the rule. We estimated that this rule applies to a total of 71 industrial sources based on an evaluation of the number and types of sources in our inventory. Existing sources are required to do an annual survey and update their fugitive PM control plans as necessary. Affected industrial sources were divided into two tiers based on the likely number of fugitive PM sources – simple (one source or multiple common sources) and moderately complex (multiple different sources). Based on our inventory and knowledge of these sources, we estimated that 54 sources are simple and 17 sources are moderately complex. Based on consultation input, we kept the simple sources estimate at 2 hours to complete the annual survey and we increased the moderately complex source estimate to 10 hours to complete the annual survey and update their fugitive PM control plan.

We estimate that 3 newly constructed / modified sources would need to comply with this rule each year . These sources would have to comply with the initial requirements of reading the rule, doing the initial survey and developing a fugitive PM control plan, which we estimate to take 6 hours for a simple source and 20 hours for a moderately complex source.

In addition to affected industrial sources, construction and demolition contractors are required to prepare a fugitive PM control plan for each project before they begin construction (6 hours each). Based on EPA experience, we are assuming that only one project per reservation per year will be subject to this rule, for a total of 39 projects per year.

Section 49.127 - Woodwaste burners. The compliance dates for the information collection components of this section are past and therefore the burden for this section is zero.

Section 49.130 - Sulfur content of fuels. We estimated that this rule applies to 138 sources based on the industrial sources that have registered under section 49.138 and it is estimated that there will be 4 new sources per year based on past experience. Each of these sources must maintain records of the sulfur content of fuels used at the facility; and based on respondent input it is estimated that these activities will take 10 hours per source annually. Newly constructed sources would have to read the rule and begin maintaining records. If fuel suppliers are unable to provide documentation verifying the fuel sulfur content, then respondents will need to sample and test the fuel to ensure it meets the fuel sulfur content requirements. However, to EPA's knowledge, fuel sulfur content data are readily available from all distributors. EPA is not aware of any source that has had to sample their fuel. Thus, it was assumed that no sources will need to perform tests of fuel sulfur content to verify compliance. A coal and solid fuel-fired source may apply to the Regional Administrator for a waiver of the recordkeeping provisions of this rule or for approval of an alternative fuel sampling program. As of November 2010, no sources have applied for the waiver or for approval of an alternative sampling program.

Section 49.131 - Open burning. Based on historical records, we decreased the number of requests for permission to perform open burning for firefighting training to 3 per year. For each request, we estimate the process takes 3 hours for contacting the Regional Administrator and gathering information to support the request. People may also request permission from the Regional Administrator to conduct an open burn to dispose of fireworks and associated packaging materials. As of October 2010, EPA has not received such a request and expects these requests will be rare. Therefore, EPA did not include this activity in the ICR as EPA does not expect more than 9 requests per year (an ICR is not required because the rule does not meet the basic criteria for an ICR, “...collecting substantially similar information for ten or more respondents in any 12 month period....”).

Section 49.132 - General open burning permits. Respondents include anyone who wishes to conduct an open burn on the Nez Perce or Umatilla Reservations. Region 10 estimated that 1,040 open burning permits will be requested per year on the Nez Perce Reservation and on the Umatilla Reservation based on historical information and prior ICR estimates. Labor costs are estimated for each respondent to submit the required information to obtain a burn permit (30 minutes per permit).

Section 49.133 - Agricultural burning permits. Respondents include anyone who wishes to conduct an agricultural burn on the Nez Perce or Umatilla Reservations. Region 10 estimated that 200 agricultural burning permits will be requested per year on the Nez Perce Reservation and on the Umatilla Reservation based on historical information and prior ICR estimates. Labor costs are estimated for each respondent to submit the required information and make necessary calls to obtain a burn permit (27 minutes per permit).

Section 49.134 - Forestry and silvicultural burning permits. Respondents include any owner of forested land who wishes to conduct an forestry or silvicultural burn on the Nez Perce or Umatilla Reservations. Region 10 estimated that 25 forestry/silvicultural burning permits will be requested per year on the Nez Perce Reservation and on the Umatilla Reservation based on historical information and prior ICR estimates. Labor costs are estimated for each respondent to submit the required information and make necessary calls to obtain a burn permit (36 minutes per permit).

Section 49.135 - Emissions detrimental to human health or welfare. Section 49.135 could potentially be applied to any facility, although, based on Region 10’s experience with air pollution issues on reservations, we believe it is unlikely that the Region would need to apply the rule to more than one facility in any given year (as of October 2010, EPA has never utilized this rule). If EPA does determine that additional controls are needed under this rule, the controls would be implemented through other parts of the FIPs - by issuing an EPA-required permit under section 49.139. The estimated burden for section 49.135 is covered under the estimated burden for section 49.139.

Section 49.138 - Registration of air pollution sources and reporting of emissions. Existing sources affected by this rule must annually re-register each year. As of October 2010 138 sources have registered. EPA estimates that 12 newly constructed sources would need to comply with this rule over the next 3 years (4 each year). Based on EPA knowledge of the sources, the sources were divided into two tiers for this rule: a simple facility tier (e.g., facilities with one source); and a moderately complex tier (multiple sources, more complex processes, Title V sources). For re-registrations, some sources in each tier will not change their facility/emissions and will be able to rely on their initial registration information (no modifications). Other sources will have changes in their emissions and will have to provide the new estimates (modifications). For simple sources, we estimate that 109 sources will have no modifications and will take 4 hours to re-register and 5 sources will have some modifications and will take 8 hours to re-register. For moderately complex sources, we estimate that 22 sources will have no modifications and will take 14 hours to re-register and 2 sources will have some modifications and will take 20 hours to re-register. Some sources will need to do an administrative modification, notifying EPA of a change of location, change of ownership, or closure of a source. These administrative modifications could be made by simple facilities or moderately complex facilities. We assumed that 6 sources each year would need to do an administrative modification and that it would take 2 hours each to prepare the administrative modification.

The 4 newly constructed sources each year would need to read the rule and complete initial registration within 90 days after beginning operation. EPA assumed that there would be 3 new simple sources and that they will need 10 hours to read the rule and complete initial registration, and that there would be 1 new moderately complex source and that they will need 41 hours to read the rule and complete initial registration.

Section 49.139 - Rule for non-Title V operating permits. EPA estimates that 4 sources per year will voluntarily apply for a non-Title V operating permit or will be required by EPA to get a non-Title V operating permit. As of October 2010, EPA has issued 18 source-requested non-Title V operating permits over the past five years of rule implementation. As of October 2010, EPA has not required an operating permit under this rule. EPA estimates that 4 sources per year will need approximately 250 hours each to prepare a permit application, submit the application, review drafts of the permit and provide additional comments on the draft permit. EPA estimates that the sources with a permit (EPA estimates there will be 30 sources with permits by the end of the 3 year ICR period) will spend 50 hours each per year performing the monitoring and recordkeeping required by the permit. The source-requested non-Title V permits would contain limits on a source’s potential to emit or actual emissions that would enable the source to avoid other Federal regulatory programs, such as:

• PSD, which requires air quality impact demonstrations including modeling and monitoring, use of Best Available Control Technology and attendant capital and operation and maintenance costs for pollution controls, and significant application requirements;

• NESHAP which requires use of Maximum Achievable Control Technology, and recordkeeping and reporting requirements;

• Title V, the Federal Operating Permits Program, which has recordkeeping, reporting and annual fee payment requirements; and,

• NSPS, sources may use operating permits to reduce the stringency of rules that apply to them.

Therefore, by requesting a non-Title V permit limiting a source’s potential to emit or actual emissions, a source may be able to avoid other, likely more significant, burdens and costs.

6(c) Estimating Agency Burden and Cost

EPA’s average annual burden and costs that relate to this collection are summarized in Table 9. Region 10 estimates that 5.58 full-time equivalents (FTE) will be needed to carry out EPA information collection responsibilities for the FIP rules. This includes work carried out by EPA staff, delegated tribes (implementing the FIPs on behalf of EPA), and Senior Environmental Employment (SEE) employees. An hourly rate of $58.50 was used to estimate costs. Table 10 shows the calculation of this hourly rate. Table 3 provides a summary of the EPA (and delegated tribes) activities associated with the collection of information for each rule.

Table 9

EPA Average Annual Burden and Costs

Total Hours	$/Hour	Annual EPA Cost
5.58 FTE = 12,0222 hours	$58.50	$703,287
	Associated Task
0.45	Registration
0.20	Approvals & oversight related to reporting & recordkeeping
0.88	Non-Title V operating permits
3.75	Burn Permit Programs
0.20	Database development
0.10	Delegations
5.58	TOTAL

Table 10

Determination of 2010 Federal Salary Rates¹

and Total Hourly Cost

Wage rate of Permit Staff, GS 11 Step 5² $33.26

Wage rate of Supervisory Staff, GS 13 Step 5² $47.41 +

Factor: 0.091³ x 0.091

$ 4.31

Wage ratet of Support Staff, GS 6 Step 5² $20.23 +

Factor: 0.091⁴ x 0.091 $ 1.84

Annual Applicable Salary of Permit,

Supervisor and Support Staff $ 39.41

+

Benefits (36.45 percent of salary)⁵ $ 14.36

+

General Overhead (12 percent of salary)⁵ $ 4.73

Total Hourly Cost $58.50

____________________

¹ The salary levels shown for the positions indicated are assumed to represent the average of the combined salaries

for EPA, Tribal and SEE program staff allocated to the respective position classification.

² U.S. Office of Personnel Management. “Salary Table 2010-SEA”, General Schedule incorporating locality pay.

< https://www.opm.gov/oca/10tables/html/sea.asp>

³ Based on an administrator managing a staff of 10 technicians and one support staff person, i.e., a 1/11 ratio,

where: 1/11 = 0.091

⁴ Based on one support staff person assisting 10 technicians and one manager, i.e., a 1/11 ratio = 0.091

⁵ OMB Circular A-76. “Figure C1 - Table of Standard A-76 Costing Factors”; and OMB Circular

No. A-76 Revised, May 29, 2003, reflecting OMB Memorandum M-07-02. Applicable to FY 07.

http://www.whitehouse.gov/omb/circulars/index.html

In OMB Circular A-76, Figure C1:

- the term Benefits is identified as “Civilian Position Full Fringe Benefit Cost Factor”; and

- the term General Overhead is identified as “Overhead Factor”.

6(d) Estimating the Respondent Universe and Total Burden and Costs

The respondent universe and total burden and costs for each FIP rule are summarized in Tables 5 and 7 above. The number of respondents was estimated from EPA knowledge of the sources and through information gathered through implementing the rule (primarily through Section 49.138 Registration Rule).

6(e) Bottom Line Burden Hours and Cost Tables

The total estimated annual burden hours and cost for respondents and for EPA are summarized in Table 11.

Table 11

Total Estimated Annual Burden and Cost Summary

	Number of Respondents	Total Annual Burden Hoursb	Average Annual Burden per Source (Hours)	Total Annual Cost	Average Annual Cost Per Source
Respondents	1,694	6,245	3.69	$396,245	$234
EPA	n/a	12,022	n/a	$703,287	n/a
TOTAL	1,694	18,267	n/a	$1,099,532	n/a

^a Includes the total number of entities affected by each rule. Some facilities may be affected by more than one rule.

^b Total annual burden hours include hours for existing sources to comply with the recurring requirements of the FIPs and hours for expected new sources to comply with the initial requirements of the FIPs.

6(f) Reasons for Change in Burden

The total annual burden estimate for this rule is 6,245 hours compared to the previously approved estimate of 4,289, a difference of 1,956 hours. The increase in the burden estimate for this collection is based on input from source consultations and information we have learned about the source universe through implementing the rules. Some components of the burden estimate increased and some components decreased, resulting in an estimate that is higher than the previous estimate. The increases were primarily associated with an increase in the estimate of the number of sources and the hours for the sulfur in fuels rule (49.130), an increase in the estimate of the burden associated with the open burning permit rule (49.132), and the increase in estimate of the number of sources and the hours associated with the monitoring and recordkeeping required by a non-Title V permit (49.149),

6(g) Burden Statement

Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 3 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-R10-OAR-2010-0858, which is available for online viewing at www.regulations.gov, or in person viewing during normal business hours at Environmental Protection Agency Region 10, Office of Air, Waste and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-R10-OAR-2010-0858 and OMB Control Number 2060-0558 in any correspondence.

References

U.S. Bureau of Labor Statistics (BLS). Wage Rates (including benefits) by Employment Cost Trends http://stats.bls.gov/news.release/ecec.t02.htm

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

U.S. Office of Personnel Management (OPM). 2010. “Salary Table 2010-SEA. For the locality pay area of Seattle-Tacoma-Olympia, WA.” http://www.opm.gov/oca/10tables/html/sea.asp

U.S. Office of Management and Budget (OMB). 2003. Circular No. A-76 (Revised) http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.html

U.S. Office of Management and Budget (OMB). 2006. M-07-02. Update to Civilian Full Fringe Benefit Cost factor, Federal Pay Raise Assumptions, Inflation factors, and Tax Rates used in OMB Circular No. A-76, “Performance of Commercial Activities” http://www.whitehouse.gov/omb/memoranda/fy2007/m07-02.pdf

Appendix A

Selections of the U.S. Standard Industrial Classification (SIC) Code Matched to the North American Industry Classification System (NAICS) Code

Table A-1. Selections of the U.S. Standard Industrial Classification (SIC) Code matched to the North American Industry Classification System (NAICS) Code

SIC Code	SIC Code Description	NAICS Code	NAICS Description
0119	Cash Grains, NEC
	Dry Pea and Bean Farms	11113	Dry Pea and Bean Farming
	Oilseed, Except Soybean, Farms	11112	Oilseed (except Soybean) Farming
	Popcorn Farms	11115	Corn Farming (pt)
	Combination Oilseed and Grain Farms	111191	Oilseed and Grain Combination Farming
	Other Farms	111199	All Other Grain Farming
0139	Field Crops, Except Cash Grains, NEC
	Hay Farms	11194	Hay Farming
	Peanut Farming	111992	Peanut Farming
	Sweet Potatoes and Yam Farms	111219	Other Vegetable (except Potato) and Melon Farming (pt)
	Other Field Crop Farms	111998	All Other Miscellaneous Crop Farming (pt)
0181	Ornamental Floriculture and Nursery Products
	Floriculture Farming	111422	Floriculture Production
	Nursery Farming	111421	Nursery and Tree Production (pt)
0191	General Farms, Primarily Crop	111998	All Other Miscellaneous Crop Farming (pt)
0211	Beef Cattle Feedlots	112112	Cattle Feedlots
0241	Dairy Farms
	Dairy Heifer Replacement Farms	112111	Beef Cattle Ranching and Farming (pt)
	Dairy Farms	11212	Dairy Cattle and Milk Production
0252	Chicken Eggs	11231	Chicken Egg Production
0291	General Farms, Primarily Livestock and Animal Specialties	11299	All Other Animal Production (pt)
0723	Crop Preparation Services For Market, except Cotton Ginning
	Other	115114	Postharvest Crop Activities (except Cotton Ginning)
	Custom Grain Grinding	311119	Other Animal Food Manufacturing (pt)
0912	Finfish	114111	Finfish Fishing
0913	Shellfish	114112	Shellfish Fishing
0921	Fish Hatcheries and Preserves
	Finfish Hatcheries	112511	Finfish Farming and Fish Hatcheries (pt)
	Shellfish Hatcheries	112512	Shellfish Farming (pt)
1094	Uranium-Radium-Vanadium Ores	212291	Uranium-Radium-Vanadium Ore Mining
1311	Crude Petroleum and Natural Gas	211111	Crude Petroleum and Natural Gas Extraction

 (continued)

Table A-1. Selections of the U.S. Standard Industrial Classification (SIC) Code matched to the North American Industry Classification System (NAICS) Code (continued)

SIC Code	SIC Code Description	NAICS Code	NAICS Description
1422	Crushed and Broken Limestone	212312	Crushed and Broken Limestone Mining and Quarrying
1429	Crushed and Broken Stone, NEC	212319	Other Crushed and Broken Stone Mining and Quarrying (pt)
1442	Construction Sand and Gravel	212321	Construction Sand and Gravel Mining
1611	Highway and Street Construction, Except Elevated Highways	23411	Highway and Street Construction (pt)
1761	Roofing, Siding, and Sheet Metal Work	23561	Roofing, Siding, and Sheet Metal Contractors
1799	Special Trade Contractors, NEC
	Paint and Wallpaper Stripping and Wallpaper Removal Contractors	23521	Painting and Wall Covering Contractors (pt)
	Tinted Glass Work	23592	Glass and Glazing Contractors (pt)
	Asbestos Abatement and Lead Paint Removal Contractors	23591	Remediation Services (pt)
	All Other Special Trade Contractors	23599	All Other Special Trade Contractors
2011	Meat Packing Plants	311611	Animal (except Poultry) Slaughtering (pt)
2033	Canned Fruits, Vegetables, Preserves, Jams, and Jellies	311421	Fruit and Vegetable Canning (pt)
2037	Frozen Fruits, Fruit Juices, and Vegetables	311411	Frozen Fruit, Juice, and Vegetable Manufacturing
2043	Cereal Breakfast Foods
	Coffee Substitute	31192	Coffee and Tea Manufacturing (pt)
	Breakfast Cereal	31123	Breakfast Cereal Manufacturing
2062	Cane Sugar Refining	311312	Cane Sugar Refining
2063	Beet Sugar	311313	Beet Sugar Manufacturing
2087	Flavoring Extracts and Flavoring Syrups NEC
	Coffee Flavoring and Syrups	31192	Coffee and Tea Manufacturing (pt)
	Flavoring Syrup and Concentrate, Except Coffee	31193	Flavoring Syrup and Concentrate Manufacturing
	Flavoring Extracts, Except Coffee, and Natural Food Colorings	311942	Spice and Extract Manufacturing (pt)
	Powdered Drink Mix	311999	All Other Miscellaneous Food Manufacturing (pt)
2091	Canned and Cured Fish and Seafood	311711	Seafood Canning (pt)
2092	Prepared Fresh or Frozen Fish and Seafoods	311712	Fresh and Frozen Seafood Processing (pt)
2411	Logging	11331	Logging

(continued)

Table A-1. Selections of the U.S. Standard Industrial Classification (SIC) Code matched to the North American Industry Classification System (NAICS) Code (continued)

SIC Code	SIC Code Description	NAICS Code	NAICS Description
2421	Sawmills and Planing Mills, General
	Lumber Manufacturing from Purchased Lumber, Softwood Cut Stock, Wood Lath and Planing Mill Products	321912	Cut Stock, Resawing Lumber, and Planing (pt)
	Sawmills	321113	Sawmills (pt)
	Softwood Flooring	321918	Other Millwork (including Flooring) (pt)
	Kiln Drying	321999	All Other Miscellaneous Wood Product Manufacturing (pt)
2426	Hardwood Dimension and Flooring Mills
	Hardwood Flooring	321918	Other Millwork (including Flooring) (pt)
	Wood Furniture Frames	337215	Showcase, Partition, Shelving, and Locker Manufacturing (pt)
	Hardwood Dimension Lumber Made From Logs and Bolts	321113	Sawmills (pt)
	Other Hardwood Dimension Except Flooring	321912	Cut Stock, Resawing Lumber, and Planing (pt)
2429	Special Product Sawmills, NEC
	Shingle Mills, Shakes	321113	Sawmills (pt)
	Stave Manufacturing from Purchased Lumber	321912	Cut Stock, Resawing Lumber, and Planing (pt)
	Cooperage Stock	32192	Wood Container and Pallet Manufacturing (pt)
	Excelsior and Cooperage Headings	321999	All Other Miscellaneous Wood Product Manufacturing (pt)
2431	Millwork
	Wood Windows and Doors	321911	Wood Window and Door Manufacturing
	Except Wood Windows and Doors	321918	Other Millwork (including Flooring) (pt)
2434	Wood Kitchen Cabinets	337110	Wood Kitchen Cabinet and Countertop Manufacturing (pt)
2436	Softwood Veneer and Plywood	321212	Softwood Veneer and Plywood Manufacturing
2491	Wood Preserving	321114	Wood Preservation
2656	Sanitary Food Containers, Except Folding	322215	Nonfolding Sanitary Food Container Manufacturing
2711	Newspapers: Publishing, or Publishing and Printing	51111	Newspaper Publishers
2741	Miscellaneous Publishing
	Database Publishing	51114	Database and Directory Publishers (pt)

 (continued)

Table A-1. Selections of the U.S. Standard Industrial Classification (SIC) Code matched to the North American Industry Classification System (NAICS) Code (continued)

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

 (continued)

Table A-1. Selections of the U.S. Standard Industrial Classification (SIC) Code matched to the North American Industry Classification System (NAICS) Code (continued)

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

 (continued)

Table A-1. Selections of the U.S. Standard Industrial Classification (SIC) Code matched to the North American Industry Classification System (NAICS) Code (continued)

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

 (continued)

Table A-1. Selections of the U.S. Standard Industrial Classification (SIC) Code matched to the North American Industry Classification System (NAICS) Code (continued)

SIC Code	SIC Code Description	NAICS Code	NAICS Description
4922	Natural Gas Transmission	48621	Pipeline Transportation of Natural Gas (pt)
4923	Natural Gas Transmission and Distribution Transmission	22121 48621	Natural Gas Distribution (pt) Pipeline Transportation of Natural Gas (pt)
4941	Water Supply	22131	Water Supply and Irrigation Systems (pt)
4952	Sewerage Systems	22132	Sewage Treatment Facilities
4953	Refuse Systems
	Materials Recovery Facilities	56292	Materials Recovery Facilities
	Hazardous Waste Treatment and Disposal	562211	Hazardous Waste Treatment and Disposal
	Solid Waste Landfills	562212	Solid Waste Landfill
	Solid Waste Combustors and Incinerators	562213	Solid Waste Combustors and Incinerators
	Other Nonhazardous Waste Treatment and Disposal	562219	Other Nonhazardous Waste Treatment and Disposal
5031	Lumber, Plywood, Millwork, and Wood Panels	42131	Lumber, Plywood, Millwork, and Wood Panel Wholesalers
5032	Brick, Stone, and Related Construction Materials Sold Via Retail Method Sold Via Wholesale Method	44419 42132	Other Building Material Dealers (pt) Brick, Stone, and Related Construction Material Wholesalers
5074	Plumbing and Heating Equipment and Supplies (Hydronics)
	Sold Via Retail Method	44419	Other Building Material Dealers (pt)
	Sold Via Wholesale Method	42172	Plumbing and Heating Equipment and Supplies (Hydronics) Wholesalers
5093	Scrap and Waste Materials	42193	Recyclable Material Wholesalers
5099	Durable Goods, Not Elsewhere Classified	42199	Other Miscellaneous Durable Goods Wholesalers (pt)
5149	Groceries and Related Products, NEC
	Bottling Mineral or Spring Water	312112	Bottled Water Manufacturing (pt)
	Except Bottling Mineral or Spring Water	42249	Other Grocery and Related Products Wholesalers
5153	Grain and Field Beans	42251	Grain and Field Bean Wholesalers
5172	Petroleum and Petroleum Products Wholesalers, Except Bulk Stations and Terminals	42272	Petroleum and Petroleum Products Wholesalers (except Bulk Stations and Terminals)
5191	Farm Supplies
	Lawn and Garden Supplies Sold Via Retail Method	44422	Nursery and Garden Centers (pt)CRetail

 (continued)

Table A-1. Selections of the U.S. Standard Industrial Classification (SIC) Code matched to the North American Industry Classification System (NAICS) Code (continued)

SIC Code	SIC Code Description	NAICS Code	NAICS Description
5191 (cont)	Except Lawn and Garden Supplies Sold Via Retail Method	42291	Farm Supplies Wholesalers
5199	Nondurable Goods, NEC
	Advertising Specialties Goods Distributors	54189	Other Services Related to Advertising (pt)
	Except Advertising Specialty	42299	Other Miscellaneous Nondurable Goods Wholesalers
5211	Lumber and Other Building Materials Dealers
	Home Centers	44411	Home Centers
	Except Home Centers	44419	Other Building Material Dealers (pt)
5411	Grocery Stores
	Convenience Stores with Gas	44711	Gasoline Stations with Convenience Stores (pt)
	Supermarkets and Grocery Stores with Little General Merchandise	44511	Supermarkets and Other Grocery (except Convenience) Stores
	Supermarkets and Grocery Stores with Substantial General Merchandise	45291	Warehouse Clubs and Superstores (pt)
	Convenience Stores without Gas	44512	Convenience Stores
5541	Gasoline Service Stations
	With Convenience Store	44711	Gasoline Stations with Convenience Store (pt)
	Except with Convenience Stores	44719	Other Gasoline Stations
5812	Eating and Drinking Places
	Full Service Restaurants	72211	Full-Service Restaurants
	Limited Service Restaurants	722211	Limited-Service Restaurants
	Cafeterias	722212	Cafeterias
	Snack and Nonalcoholic Beverage Bars	722213	Snack and Nonalcoholic Beverage Bars (pt)
	Food Service Contractors	72231	Food Service Contractors
	Caterers	72232	Caterers
	Dinner Theaters	71111	Theater Companies and Dinner Theaters (pt)
5992	Florists	453110	Florists
6515	Operators of Residential Mobile Home Sites	53119	Lessors of Other Real Estate Property(pt)
7212	Garment Pressing, and Agents for Laundries and Dry Cleaners	81232	Dry Cleaning and Laundry Services (except Coin-Operated) (pt)
7215	Coin-Operated Laundries and Dry Cleaning	81231	Coin-Operated Laundries and Dry Cleaners
7216	Dry Cleaning Plants, Except Rug Cleaning	81232	Dry Cleaning and Laundry Services (except Coin-Operated) (pt)

 (continued)

Table A-1. Selections of the U.S. Standard Industrial Classification (SIC) Code matched to the North American Industry Classification System (NAICS) Code (continued)

SIC Code	SIC Code Description	NAICS Code	NAICS Description
7532	Top, Body, and Upholstery Repair Shops and Paint Shops	811121	Automotive Body, Paint, and Interior Repair and Maintenance
7533	Automotive Exhaust System Repair Shops	811112	Automotive Exhaust System Repair
7538	General Automotive Repair Shops	811111	General Automotive Repair
7692	Welding Repair	81131	Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance (pt)
7999	Amusement and Recreation Services, NEC
	Ticket Agencies	561599	All Other Travel Arrangement and Reservation Services (pt)
	Aerial Tramways, Scenic and Amusement	48799	Scenic and Sightseeing Transportation, Other (pt)
	Circus Companies and Traveling Carnival Shows	71119	Other Performing Arts Companies (pt)
	Professional Athletes	711219	Other Spectator Sports (pt)
	Skiing Facilities	71392	Skiing Facilities
	Nonmembership Recreation Facilities	71394	Fitness and Recreational Sports Centers (pt)
	Casinos, except Casino Hotels	71321	Casinos (except Casino Hotels)
	Lottery, Bingo, Bookie and Other Gaming Operations	71329	Other Gambling Industries (pt)
	Caverns and Miscellaneous Commercial Parks	71219	Nature Parks and Other Similar Institutions (pt)
	Sports Instruction	61162	Sports and Recreation Instruction
	Nonathletic Recreational Instruction	611699	All Other Miscellaneous Schools and Instruction (pt)
	State Fairs, Agriculture Fairs, and County Fairs with Facilities	71131	Promoters of Performing Arts, Sports, and Similar Events with Facilities (pt)
	State Fairs, Agriculture Fairs, and County Fairs without Facilities	71132	Promoters of Performing Arts, Sports, and Similar Events without Facilities (pt)
	Sports Equipment Rental	532292	Recreational Goods Rental
	Scenic Transport Operations, Land	48711	Scenic and Sightseeing Transportation, Land (pt)
	Charter Fishing	48721	Scenic and Sightseeing Transportation, Water (pt)
	Amusement and Recreation Services, NEC (except circuses, professional athletes, caverns and other commercial parks, skiing facilities)	71399	All Other Amusement and Recreation Industries (pt)

Table A-1. Selections of the U.S. Standard Industrial Classification (SIC) Code matched to the North American Industry Classification System (NAICS) Code (continued)

SIC Code	SIC Code Description	NAICS Code	NAICS Description
8051	Skilled Nursing Care Facilities
	Continuing Care Retirement Communities	623311	Continuing Care Retirement Communities (pt)
	All Other Skilled Nursing Care Facilities	62311	Nursing Care Facilities (pt)
8062	General Medical and Surgical Hospitals	62211	General Medical and Surgical Hospitals (pt)
8211	Elementary and Secondary Schools	61111	Elementary and Secondary Schools
9199	General Government NEC	92119	Other General Government Support
9223	Correctional Institutions	92214	Correctional Institutions
9224	Fire Protection	92214	Fire Protection
9511	Air and Water Resource and Solid Waste Management	92411	Administration of Air and Water Resource and Solid Waste Management Programs
9512	Land, Mineral, Wildlife, and Forest Conservation	92412	Administration of Conservation Programs
9621	Regulation and Administration of Transportation Programs
	Air Traffic Control	488111	Air Traffic Control (pt)
	Except Air Traffic Control	92612	Regulation and Administration of Transportation Programs

1 These rules were promulgated only on reservations where EPA, in consultation with the Tribes, determined they are appropriate. There are three reservations for which EPA has determined that at least one of the additional rules is appropriate. EPA promulgated all five additional rules for the Nez Perce Reservation, three additional rules for the Confederated Tribes of the Umatilla Reservation (49.132, 49.133, 49.134), and two additional rules apply on the Confederated Tribes of the Colville Reservation (49.127, 49.128).

21 Wage Rates (including benefits) by Employment Cost Trends http://stats.bls.gov/news.release/ecec.t02.htm

2 Represents a manager overseeing a staff of 10 technicians and one support person,

e.g., a manager to staff ratio of 1:11, or 1/11 or 0.091

3 Represents one administrative support person assisting 7 professional staff and a manager,

e.g., a support person to professional staff and manager ratio of 1:8, or 1/8 or 0.125

3

1