1 

DRAFT

SUPPORTING STATEMENT 

Federal Implementation Plans Under the Clean Air Act for 

Indian Reservations in Idaho, Oregon and Washington

EPA ICR # 2020.0506

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 and August 3, 2011. 

This ICR is a renewal of the May 2008August 2011 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. 

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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 

 

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).
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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; noncommercial smoke houses; sweat houses or lodges; smudge pots; furnaces and boilers used 

exclusively to heat residential buildings with four or fewer units; fugitive dust from public 

roads owned or maintained by any Federal, Tribal, State, or local government; and fuel 

combustion in mobile sources. The visible emissions from an oil-fired boiler or solid fuelfired boiler that continuously measures opacity with a continuous opacity monitoring 

system (COMS) may exceed the 20 percent opacity limit during start-up, soot-blowing, and 

grate-cleaning for a single period of up to 15 consecutive minutes in any eight consecutive 

hours, but must not exceed 60 percent opacity at any time. 

Section 49.126 - 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 
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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. 
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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 
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the Idaho State Department of Agriculture to manage agricultural field burning in the 

Clearwater aAirshed. 

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 
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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. In July 2011 EPA promulgated the Federal New Source Review Program 

for Indian Country. This program provides a mechanism for the owner or operator of an air 

pollution source in Indian Country to obtain a limit on actual emissions or potential to emit. 

These nation-wide rules supersede the Section 49.139 rule for an owner requested limit. 

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 threeFormatted: Font: (Default) Century Schoolbook, 11 pt, Not

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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. 
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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 federallyenforceable 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. As of January 2014 only one tribe, the Swinomish, 

has submitted a TIP to EPA for approval. However, as of January 2011, no tribe in Region 

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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: 
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• 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 
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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 2010December 2013, 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 burningFrank Cook, individual 

open burn, Lenore, ID

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

3. Cathryn Carrothers, 206-352-6552, consultant for AmtechCorporationRichie Gore, 

Fire Marshall; Confederated Tribes of the Colville Reservation

4. Dave Baldus, Nez Perce Tribe Forestry/Fire, 208-621-4625, foresterindividual, 

agricultural burn

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

Attorney 

6.5. Ken Jones, individual, open burningDerek Fosberg, Pocatello Compressor Station

7.6. Ron SpidellJeremy Walkup , 208-336-4862, consultant to Poe Asphalt Paving, Inc. 

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

Industries 

8. Lester Higgins, 208-686-8101, Coeur d’Alene Tribe Air QualitySteven Petrin, 

Stimson Lumber; Coeur d’Alene, ID 

9. Edmund Huang, Pace International; Yakama Reservation, WA

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. 

Commented [PK1]: Update needed for 2nd notice 

Commented [PK2]: Update these sections after response 

to survey review is complete. 

Formatted: Highlight
13 

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 

burdentburden. 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. 

Formatted: Highlight

Formatted: Highlight

Formatted: Highlight

Formatted: Highlight

Formatted: Highlight

Formatted: Highlight

Formatted: Highlight
14 

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. 
15 

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. 
16 

 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. 
17 

 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 
18 

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. 
19 

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 EPArequired 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 
20 

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 (SOx), 

nitrogen oxides (NOx), carbon monoxide (CO), volatile organic compounds (VOC), 

lead (Pb) and lead compounds, ammonia (NH3), fluorides (gaseous and particulate), 

sulfuric acid mist (H2SO4), hydrogen sulfide (H2S), total reduced sulfur (TRS), and 

reduced sulfur compounds, including all calculations for the estimates; 

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

operating conditions; 

• 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 

Commented [PK3]: Does this description need to change? 
21 

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. 
22 

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. 
23 

FIP Rule 

(40CFR Section) 

Information Requested 

Reporting Items 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 Federallyenforceable 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. 
24 

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. 
25 

 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 COLLECTED-BAGENCY 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 
26 

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. 
27 

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. 
28 

 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. 

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6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden 

The respondent burden (labor hours) for complying with the information collectionrelated 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. 

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 
30 

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. 

 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 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 

 

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Table 6

Annual Respondent Burden for Reporting and Recordkeeping 

Rule Title Reporting 

Recordkeeping 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 

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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 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

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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

 

1 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 

 

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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 resourceintensive 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. 

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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 recordsIn the last ICR renewal, 

we decreased the number of requests for permission to perform open burning for 

firefighting training totraining 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 ana 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 

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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 

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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.

 

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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 

 

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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”. 

 

 

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40 

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. 

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), 

 

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. 

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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-20130-08580788, 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-20102013-0858 0788 and OMB Control Number 

2060-0558 in any correspondence.

 

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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