1

SUPPORTING STATEMENT

Federal Implementation Plans Under the Clean Air Act for 

Indian Reservations in Idaho, Oregon and Washington

EPA ICR # 2020.06

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 2020.06, 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. The Office of Management and Budget 

(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 renewals on May 23, 2008 and August 3, 2011. This 

ICR is a renewal of the August 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/Ls 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 

number of air pollution sources on the affected Indian reservations, supersedence of the 

provisions of one rule, and better burden and cost estimates based on both experience

implementing the rule and knowledge gained through respondent consultations.

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 public health or welfare 

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

Section 49.139. Rule for non-Title V operating permits

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

Section 49.123. General provisions

Section 49.125. Particulate matter

Section 49.128. Particulate matter emissions from wood products industry sources1

Section 49.129. Sulfur dioxide

Section 49.137. Air pollution episodes

Rules - ICR Prepared

Section 49.122 - Partial delegation of administrative authority to a Tribe. 

Section 49.122 establishes a process for EPA to delegate to a Tribal government the 

authority to assist EPA in administering one or more of the Federal rules that have been 

promulgated for the Tribe’s reservation. This provision sets out the process a Tribe must 

follow to request a partial delegation, how that delegation will be accomplished, and how 

the public and regulated sources will be informed of the delegation. This provision allows 

 

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 for the Confederated 

Tribes of the Colville Reservation (49.127, 49.128).
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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 (PM) emissions to take all reasonable 

precautions to prevent fugitive PM 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 PM emissions, 

determine and document in a written plan the reasonable precautions that will be taken to

prevent fugitive PM emissions, including appropriate monitoring, recordkeeping, and 

reporting, and then implement the plan. For new sources and new operations, including 

those at an existing air pollution source, a survey must be conducted within thirty days 

after commencing operation. For construction and demolition activities, the written plan 

must be prepared prior to commencing construction or modification. This section does not 

apply to open burning, agricultural activities, forestry and silvicultural activities, sweat 

houses or lodges, non-commercial smoke houses, public roads owned or maintained by any 

Federal, Tribal, State, or local government, or activities associated with single-family 

residences or residential buildings with four or fewer dwelling units.

Section 49.127 – Woodwaste burners. On the Colville Indian Reservation and the 

Nez Perce Reservation, EPA promulgated § 49.127 which phases out the operation of 

woodwaste burners (commonly known as wigwam or teepee burners). The owner or 

operator of a woodwaste burner, including woodwaste burners that are not currently being 

used, were required to submit a plan for shutting down the woodwaste burner to EPA by 

December 5, 2005 and were required to shut down and dismantle the woodwaste burner by 

June 7, 2007. Until existing woodwaste burners were dismantled, visible emissions from a 

woodwaste burner could not exceed 20 percent opacity, averaged over six consecutive 

minutes, as measured by EPA Method 9, and only wood waste generated on-site could be 
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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 49.131 - Open burning. This section prohibits certain materials from being 

openly burned and describes the practices a person subject to this section must follow in 

conducting an open burn. Under this section, a number of materials may not be openly 

burned, such as: garbage, dead animals, junked motor vehicles, tires or rubber materials, 

plastics, plastic products, styrofoam, asphalt or composition roofing, tar, tarpaper, 

petroleum products, paints, paper or cardboard other than what is necessary to start a fire 

or that is generated at a single-family residence or residential building with four or fewer 

dwelling units and is burned at the residential site, lumber or timbers treated with 

preservatives, construction debris or demolition waste, pesticides, herbicides, batteries,

light bulbs, hazardous wastes, or any material other than natural vegetation that normally 

emits dense smoke or noxious fumes when burned (see actual rule language for a complete 

list). The following situations are generally exempted from this section: fires set for 

cultural or traditional purposes, including fires within structures such as sweat houses or 

lodges; fires set for recreational purposes, provided that no prohibited materials are burned; 

with prior permission from the Regional Administrator, open outdoor fires used by qualified 

personnel to train firefighters in the methods of fire suppression and fire-fighting 

techniques, provided that these fires are not allowed to smolder after the training session 

has terminated; with prior permission from the Regional Administrator, one open outdoor 

fire each year to dispose of fireworks and associated packaging materials; and open burning 

for the disposal of diseased animals or other material by order of a public health official. 

All open burning, except for cultural and traditional purposes, is prohibited if the Regional 

Administrator declares a burn ban due to deteriorating air quality or the Regional 

Administrator issues an air stagnation advisory or declares an air pollution alert, air 

pollution warning, or air pollution emergency.

Section 49.132 - General open burning permits. Any person who wants to conduct 

an open burn on the Nez Perce Reservation or the Umatilla Indian Reservation must: 

1) obtain a permit for each open burn; 2) have the permit available on-site during the open 

burn; 3) conduct the open burn in accordance with the terms and conditions of the permit; 

and 4) comply with the General rule for open burning (§ 49.131) or the EPA-approved 

Tribal open burning rules in a Tribal Implementation Plan (TIP), as applicable. The 

following activities are exempt: fires set for cultural or traditional purposes, including fires 

within structures such as sweat houses or lodges; fires for recreational purposes, provided 
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that no prohibited materials are burned; forestry and silvicultural burning (forestry and 

silvicultural burning is covered under § 49.134 Rule for forestry and silvicultural burning 

permits); and agricultural burning (agricultural burning is covered under § 49.133 Rule for 

agricultural burning permits). The Regional Administrator will take into consideration 

relevant factors including, but not limited to, the size, duration, and location of the 

proposed open burn, the current and projected air quality conditions, forecasted 

meteorological conditions, and other scheduled burning activities in the surrounding area 

in determining whether to issue the permit. The Nez Perce and Umatilla Tribes have 

partial delegation from EPA to implement this rule on their respective reservations. The 

burn permit programs under the FIPs became effective on the Nez Perce Reservation on 

June 7, 2005 and on the Umatilla Indian Reservation on January 1, 2007. 

Section 49.133 - Agricultural burning permits. Any person who wants to conduct 

an agricultural burn on the Nez Perce Reservation or the Umatilla Indian Reservation 

must: 1) apply for a permit to conduct an agricultural burn; 2) obtain approval of the 

permit on the day of the burn; 3) have the permit available on-site during the agricultural 

burn; and 4) conduct the burn in accordance with the terms and conditions of the permit. 

This agricultural burning permit program is a smoke management program under which 

final approvals to conduct burns are given on a daily basis. Prior to the requested burn 

days, farmers will have received preliminary permits that are effective only after the daily 

approvals are given. This rule provides EPA and the delegated Tribes the flexibility to 

implement smoke management programs that, on a day-to-day operational basis, resemble 

those of neighboring jurisdictions or represent a typical program. All burning activities 

must also comply with the General rule for open burning (§ 49.131) or the EPA-approved 

Tribal open burning rules in a TIP, as applicable. 

The Nez Perce and Umatilla Tribes have partial delegation from EPA to implement 

this rule on their respective reservations. As with the general open burning permit rule 

and forestry and silvicultural burning permit rule at §§ 49.132 and 49.134, the agricultural 

burn permit programs under the FIPs became effective on the Nez Perce Reservation on 

June 7, 2005 and on the Umatilla Indian Reservation on January 1, 2007. Prior to the 

implementation of the FIPs, EPA and the Nez Perce Tribe had been operating under an 

intergovernmental agreement with the Idaho Department of Environmental Quality and 

the Idaho State Department of Agriculture to manage agricultural field burning in the 

Clearwater airshed. 

Section 49.134 - Forestry and silvicultural burning permits. Any person who 

wants to conduct a forestry or silvicultural burn on the Nez Perce Reservation or the 

Umatilla Indian Reservation must: 1) apply for a permit to conduct a forestry or 

silvicultural burn; 2) obtain approval of the permit on the day of the burn; 3) have the 

permit available on-site during the forestry or silvicultural burn; and 4) conduct the burn in 

accordance with the terms and conditions of the permit. This forestry and silvicultural 

burning permit program is a smoke management program under which final approvals to 

conduct burns are given on a daily basis. Prior to the requested burn days, land owners 

will have received preliminary permits that are effective only after the daily approvals are 

given. The rule provides EPA and delegated Tribes the flexibility to implement smoke 

management programs that, on a day-to-day operational basis, resemble those of 
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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 49.135 - Emissions detrimental to public 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 49.138 - 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 source 

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 British thermal units (Btu) per hour; cooking of food, except for wholesale 

businesses that both cook and sell cooked food; consumer use of office equipment and 

products; janitorial services and consumer use of janitorial products; maintenance and 

repair activities, except for air pollution sources engaged in the business of maintaining and 

repairing equipment; agricultural activities and forestry and silvicultural activities, 

including agricultural burning and forestry and silvicultural burning; and open burning. 
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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 was specified to apply 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 rule specifies that 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 (NSR) 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 nationwide 

rules supersede the § 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 PM emissions 

from combustion sources (except for wood-fired boilers), process sources, and other sources 

may not exceed an average of 0.23 grams per dry standard cubic meter (0.1 grains per dry 

standard cubic foot), corrected to seven percent oxygen (for combustion sources), during any 

three-hour period. Particulate matter emissions from wood-fired boilers must be limited to 

an average of 0.46 grams per dry standard cubic meter (0.2 grains per dry standard cubic 

foot), corrected to seven percent oxygen, during any three-hour period. Exempted from this 

section are woodwaste burners, furnaces, and boilers used exclusively for space heating 

with a rated heat input capacity of less than 400,000 Btu per hour, non-commercial smoke 

houses, sweat houses or lodges, open burning, and mobile sources.
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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 PM up to 10 microns in size 

(PM10) that can be emitted from such sources, in addition to the PM limits for combustion 

and process sources in § 49.125.

Rationale for not preparing ICR. This section does not require any recordkeeping, 

reporting, or other information collection activities. 

Section 49.129 - Sulfur dioxide. This section restricts sulfur dioxide emissions from 

combustion sources, process sources, and other sources to no more than an average of 500 

parts per million by volume, on a dry basis, corrected to seven percent oxygen (for 

combustion sources), during any three-hour period. Furnaces and boilers used exclusively 

for space heating with a rated heat input capacity of less than 400,000 Btu per hour and 

mobile sources are exempt from this section.

Rationale for not preparing ICR. This section does not require any recordkeeping, 

reporting, or other information collection activities. 

Section 49.137 - Air pollution episodes. Under § 49.137, the Regional 

Administrator is authorized to issue warnings about air quality that apply to any person 

who owns or operates an air pollution source on an Indian reservation. The Regional 

Administrator may issue an air stagnation advisory when meteorological conditions are 

conducive to the buildup of air pollution. The Regional Administrator may declare an air 

pollution alert, air pollution warning, or air pollution emergency whenever it is determined 

that the accumulation of air pollutants in any place is approaching, or has reached, levels 

that could lead to a threat to human health. Once EPA determines that it is appropriate to 

issue an air stagnation advisory or declare an air pollution alert, air pollution warning, or 

air pollution emergency, EPA will communicate this information to the affected public. 

These announcements will indicate that air pollution levels exist that could potentially be 

harmful to human health, describe actions that people can take to reduce exposure, request 

voluntary actions to reduce emissions from sources of air pollutants, and indicate that a 

ban on open burning is in effect. A ban on open burning goes into effect whenever the 

Regional Administrator issues an air stagnation advisory or declares an air pollution alert, 

air pollution warning, or air pollution emergency.

Rationale for not preparing ICR. This section does not require any recordkeeping, 

reporting, or other information collection activities. 
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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 percent opacity limit, would keep 

opacity records. The fugitive PM 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.

As noted previously, the § 49.139 rule for an owner-requested limit has been superseded by 

the Federal NSR Program for Indian Country promulgated in July 2011, which 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. 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. Furthermore, States generally lack the authority 
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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 FIP 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 SIPs, requires that an 

implementation plan provide authority for information collection and establishment of 

systems, methods, and procedures, among other things. EPA’s position is that it is not 

bound by the requirements established for States under section 110(a)(2), but will use those 

requirements to guide EPA in the preparation of Federal plans as may be appropriate to 

meet the requirements of the Act.

In addition, Section 114 authorizes the Administrator to require any owner or operator 

of an emission source to provide on a one-time, periodic, or continuous basis, information 

necessary to carry out the provisions of the Act. 

EPA’s purpose for requesting this information is to protect the quality of the air 

resources for the Indian reservations in Idaho, Oregon and Washington, so as to promote 

the public health and welfare and the productive capacity of the populations therein. 

EPA promulgated these rules to better enable the Agency to protect human health and 

welfare on the Indian reservations in the Northwest and to meet its trust responsibility to 

the Tribes. The FIPs also create opportunities for Tribes to partner with EPA in 

implementing these rules and enable Tribes to develop their capacity to manage air quality.

2(b) Practical Utility/Users of the Data

This information is being used for the following purposes:

 to maintain an accurate inventory of sources and emissions; 

 to track emissions trends and changes, and identify potential air quality problems 

before they arise;

 to issue permits or approvals; 
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 to manage burning to reduce its effect on people’s health;

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

 to establish enforceable limits on emissions from sources located on Tribal lands that 

are unambiguous and enforceable as a practical matter; 

 to provide credible evidence in compliance certifications and for establishing 

violations; and

 to enable EPA to require further air emission reductions if necessary to attain or 

maintain the NAAQS and to protect air quality from potential significant 

deterioration in a particular area.

The primary user of the information is EPA. Emissions and source data that are the 

subject of this request will be used by EPA Region 10 in carrying out its responsibility to 

directly implement the CAA throughout Indian reservations, including regulatory functions 

and program support. Activities such as source inspections, analysis of new or modified 

sources, and development and enforcement of limits on source emissions enable Region 10 

to protect the air quality and human health on the Indian reservations of Idaho, Oregon,

and Washington. The information will also enable EPA to provide accurate information to 

affected Indian Tribes about air quality matters on their reservations, and facilitate EPA’s 

ability to consult with Tribes about actions EPA is planning or undertaking.

Collection of emissions and source data supports EPA’s activities. Information 

collected supports EPA in responding to requests from the public regarding air pollution 

emissions and sources under the Freedom of Information Act (FOIA).

EPA anticipates that these regulations can serve as models for Tribes as they develop 

their own air quality programs and to support development of TIPs. In addition, the rules 

provide air pollution sources on-reservation with air quality control requirements and 

regulatory alternatives similar to those available to sources located off-reservation.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication

Several sources of information have been reviewed to determine whether the 

information requested has already been gathered. Region 10 developed a data base of air 

pollution emission sources for Indian reservations. This effort included several visits to 

reservations in Region 10, reviews of State permit files, and discussions with Tribal 

representatives. EPA also maintains the National Emission Inventory data base which 

contains data on emission sources throughout the country. None of the sources reviewed 

contain information with the level of detail requested in the FIP rules. For example,

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

For any existing rule, section 3507(g) of the Paperwork Reduction Act limits how long a 

Director may take to approve a collection of information to 3 years. The ICR for the FIP 

rules was revised last in August 2011. We solicited comments on this ICR prior to 

submitting it to OMB. We issued a Federal Register notice requesting comments on the ICR 

renewal on March 17, 2014 (76 FR 14704). No comments were received. 

3(c) Consultations

In December 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. Frank Cook, individual, open burn; Lenore, ID

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

3. Richie Gore, Fire Marshall; Confederated Tribes of the Colville Reservation

4. Dave Baldus, individual, agricultural burn

5. Derek Fosberg, Pocatello Compressor Station

6. Jeremy Walkup, 208-336-4862, consultant to Poe Asphalt Paving, Inc.

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

Industries

8. Steven Petrin, Stimson Lumber; Coeur d’Alene, ID

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

Section 49.122, Delegation. In 2010, one tribal staff person estimated that it took 

160 to 180 hours to apply for partial delegation of the FIPs. EPA altered its initial

estimate downward from 300 to 180 hours based on this input. Future delegations will 

be more in line with the new estimate rather than the previous estimate. Like the 

Coeur d’Alene delegation, new delegations will not include delegation of the burn permit 

rules since those rules only apply on the Nez Perce and Umatilla Reservations, which 

already have delegation. 

Section 49.124. Visible emissions. None of the respondents have installed or 

operate COMS for the sole purpose of monitoring compliance with this rule.

Section 49.126. Fugitive particulate matter. One 2013 and four 2010 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. 

Section 49.130. Sulfur content of fuels. Three 2013 and two 2010,respondent 

estimates to collect and maintain fuel sulfur records ranged from 3 to 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 decreased the estimate of the number of 

respondents.
13

Section 49.132. General open burning permits. In 2010, one respondent estimated 

that it took less than 20 minutes to complete and submit a permit. The respondent 

indicated that the required phone calls took less than 2 minutes per call. We used his 

information in our burden estimate. We received no new information in 2013.

Section 49.133. Agricultural burning permits. One respondent estimated that it 

took between 15 to 30 minutes to complete and submit a permit. The respondent 

indicated that the required phone calls took 2 minutes to complete. We used his 

information in our burden estimate. We received no new information in 2013.

Section 49.134. Forestry and silvicultural burning permits. One respondent 

estimated that it took 5 minutes to complete and submit a permit. The respondent 

indicated that the required phone calls took 5 minutes to complete. We used his 

information in our burden estimate. We received no new information in 2013.

 

Section 49.138. Registration of air pollution sources and reporting of 

emissions. Three 2013 and five 2010 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 two

respondents’ estimates of 92 and 300 hours to apply for a non-Title V permit, we 

decreased the estimated number of hours for a new source permit application from 350 

to 250 hours. Three 2010 respondents estimated 7, 0, and 500 hours for recordkeeping 

and reporting burden. We increased the recurring labor hours based on this input. We 

do not believe the estimate of 500 hours is representative of the average source.

General. None of the respondents have installed or operate COMS or Continuous 

Emissions Monitoring Systems (CEMS) 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 § 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 

one year would not allow EPA to conduct analyses in support of programs such as those 

mentioned under Section 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 in a timely manner. 
14

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 the most recent (2012) North 

American Industry Classification System (NAICS) codes.
15

Table 1

2012 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.

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. 

221117 Power plant-biomass fueled.

221118 Power plant-landfill gas fired.

221210 Natural gas collection.

221210 Natural gas pipeline.

321113 Sawmill.

321911 Window and door molding manufacturer.

323111 Printing operations.

323113 Surface coating operations.

324121 Asphalt hot mix plants.

325180 Elemental phosphorus plant.

325180 Sulfuric acid plant.

331314 Secondary aluminum production and 

extrusion.

331492 Cobalt and tungsten recycling. 

332431 Surface coating operations.

332812 Surface coating operations.

423320 Concrete batching plant.

424510 Grain elevator.

424710 Crude oil storage and distribution.

424710 Gasoline bulk plant.

486110 Crude oil storage and distribution.

486210 Natural gas compressor station.

562212 Solid waste landfill.

562213 Medical waste incinerator

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
16

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 § 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 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 

PM 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 PM control plan. The source must maintain records for five years that document 

the surveys and the reasonable precautions that were taken to prevent fugitive PM

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. 
17

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 public health or welfare. This 

section is implemented through other parts of the rule, primarily by issuing an EPArequired permit under § 49.139. There are no recordkeeping or reporting items 

required directly by this section, however, if a permit is required through § 49.139, 

there may be reporting and recordkeeping associated with the permit.

Section 49.138 - Registration of air pollution sources and reporting of 

emissions. Reporting requirements: Owners or operators of sources subject to the rule 

were required to register their air pollution sources by February 2007 with the Regional 

Administrator. Annual re-registration is required by February 15 of each year to update 

the registration for any changes from the previous year. If no changes have occurred, the 

owner or operator may reaffirm in writing to the Regional Administrator the correctness 

and status of previous information. The owner or operator of an air pollution source must 
18

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, and 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: PM, PM10, PM up to 2.5 microns in size (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.
19

Section 49.139 - Rule for non-Title V operating permits. Reporting requirements: 

The § 49.139 rule currently specifies that owners or operators of sources may voluntarily 

apply for a non-Title V operating permit to obtain a Federally-enforceable limit on their 

actual emissions or potential to emit so that the source is below major source thresholds 

and can avoid certain other Federal requirement(s). Section 49.139 specifies the following 

data items for an application for an owner-requested non-Title V permit:

 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, and 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.

As noted previously, EPA promulgated the Federal NSR Program for Indian Country in 

July 2011, which 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 

nationwide rules supersede the § 49.139 rule for an owner-requested limit.

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 EPA-required 

non-Title V permit include 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.
20

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.
21

FIP Rule 

(40CFR Section)

Information Requested

Reporting Items Recordkeeping Items

49.135 Emissions 

detrimental to 

public health or 

welfare

If required to get a permit under 

§ 49.139, respondents must submit 

the information described under 

§ 49.139. 

If required to get a permit under 

§ 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.1

 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.

1 Superseded by the July 2011 Federal NSR Program for Indian Country, which 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.

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. 
22

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.
23

Section 49.135 - Emissions detrimental to public 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 § 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. The § 49.139 rule 

currently specifies that owners or operators of sources who want to obtain a Federallyenforceable limit on their actual emissions or potential to emit must submit a non-Title V 

operating permit application. The rule also specifies that the respondent will need to 

respond to questions and possibly submit additional information to the Regional 

Administrator during review of the application. It should be noted that these requirements 

have been superseded by the July 2011 Federal NSR Program for Indian Country, which 

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. 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-AGENCY 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 §§ 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 § 49.122 (Rule for partial delegation of 

administrative authority to a Tribe); however, there are model requests and model 
24

agreements that can be used. EPA also developed guidance and instructions to help in 

filling out the forms for §§ 49.138 and 49.139. EPA staff or a delegated Tribe will review 

each permit application, registration, or report to assure data completeness and accuracy. 

EPA has developed a database to manage the data collected through § 49.138 (Rule for the 

registration of air pollution sources and the reporting of emissions). Region 10 will review 

the efficiency of using electronic reporting systems (e.g., via the Internet) to facilitate the 

transfer of this information. Information that has not been deemed confidential may be 

accessed by the public following written request to the Regional Administrator.

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 used the Region’s toll-free phone number to make 

staff 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.
25

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 PM 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 NAAQS or is presenting an imminent and substantial endangerment to 

public health or welfare or the environment; require the source to obtain a nonTitle V operating permit under § 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.
26

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
27

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 and 2013 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 7 180

Section 49.124 Visible emissions 0 0

Section 49.126 Fugitive particulate matter 111 518

Section 49.127 Woodwaste burners 0 0

Section 49.130 Sulfur content of fuels 102 1,020

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 public health or welfare 0

0

Section 49.138 Registration of air pollution sources and reporting of 

emissions

158 967

Section 49.139 Rule for non-Title V operating permits 35 1,750

Totals 1,681 5,069
28

Table 6

Annual Respondent Burden for Reporting and Recordkeeping 

Rule Title Reporting

RecordkeepingTotal 

Hours

Section 49.122 Delegation 180 0 180

Section 49.124 Visible Emissions 0 0 0

Section 49.126 Fugitive particulate matter 0 518 518

Section 49.127 Woodwaste burners 0 0 0

Section 49.130 Sulfur content of fuels 0 1,020 1,020

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 public health 

or welfare

0 0 0

Section 49.138 Registration of air pollution sources and 

reporting of emissions

967 0 967

Section 49.139 Rule for non-Title V operating permits 700 1,050 1,750

Totals 2,481 2,588 5,069
29

Estimating Labor Costs

This ICR employs wage rates based on 2013 wage data from the Bureau of Labor 

Statistics (BLS, 2013). 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 $65.25 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 11,745

Section 49.124 Visible emissions 0 0

Section 49.126 Fugitive particulate matter 111 33,800

Section 49.127 Woodwaste burners 0 0

Section 49.130 Sulfur content of fuels 102 66,555

Section 49.131 Open burning 3 587

Section 49.132 General open burning permits 1,040 33,930

Section 49.133 Agricultural burning permits 200 5,873

Section 49.134 Forestry and silvicultural burning permits 25 979

Section 49.135 Emissions detrimental to public health or welfare 0 0

Section 49.138 Registration of air pollution sources and reporting of 

emissions

158 63,097

Section 49.139 Rule for non-Title V operating permits 35 114,188

Totals 1,681 330,752
30

Table 8

Determination of 2013 Industry Wage Rates1

Professional staff @ $47.22/hr1 $47.22

Management support @ $60.68/hr1 $60.68 +

Allocation Factor: 0.0912 x 0.091

 $5.52

Office / administrative support @ $24.23hr1 $24.23 +

Allocation factor: 0.1253 x 0.125

 $3.03

 _________

Composite Wage Rate of Staff

associated Management / Clerical support $55.77

 +

General Overhead, @ 17 percent of Wage Rate $9.48

 _________

Total Composite Hourly Wage Rate $65.25

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

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 May 2014, 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 180 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 operating 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 
31

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 one newly constructed / modified source would need to comply with 

this rule each year. This source 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 (assuming the newly constructed / modified source is a simple 

source).

In addition to affected industrial sources, construction and demolition contractors are 

required to prepare a fugitive PM control plan for each project before they begin 

construction (6 hours each). Based on EPA experience, we are assuming that only one 

project per reservation per year will be subject to this rule, for a total of 39 projects per 

year. 

Section 49.127 - Woodwaste burners. The compliance dates for the information 

collection components of this section are past and, therefore, the burden for this section is 

zero.

Section 49.130 - Sulfur content of fuels. We estimated that this rule applies to 100

sources based on the industrial sources that have registered under § 49.138, and it is 

estimated that there will be two 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 May 2014, no sources have applied 

for the waiver or for approval of an alternative sampling program. 

Section 49.131 - Open burning. In the last ICR renewal, we decreased the number 

of requests for permission to perform open burning for firefighting training to 3 per year. 

For each request, we estimate the process takes 3 hours for contacting the Regional 

Administrator and gathering information to support the request. People may also request 

permission from the Regional Administrator to conduct an open burn to dispose of fireworks 

and associated packaging materials. As of May 2014, EPA has not received such a request 

and expects these requests will be rare.
32

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 both the Nez Perce 

and Umatilla Reservations 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 both the 

Nez Perce and Umatilla Reservations 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 a 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 both the Nez Perce and Umatilla 

Reservations based on historical information and prior ICR estimates. Labor costs are 

estimated for each respondent to submit the required information and make necessary calls 

to obtain a burn permit (36 minutes per permit).

Section 49.135 - Emissions detrimental to public 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 May 

2014, 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 § 49.139. The estimated burden 

for § 49.135 is covered under the estimated burden for § 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 May 2014, 154 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 117 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 24 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, 
33

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 will need to do an administrative 

modification and that it will take 2 hours each to prepare the administrative modification. 

The 4 newly constructed sources each year will need to read the rule and complete 

initial registration within 90 days after beginning operation. EPA assumed that there will 

be 3 new simple sources and that they will need 10 hours to read the rule and complete 

initial registration, and that there will 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. As noted previously, 

EPA promulgated the Federal NSR Program for Indian Country in July 2011, which 

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 nationwide rules 

supersede the § 49.139 rule for an owner-requested limit. Consequently, EPA estimates 

that no additional sources will voluntarily apply for a non-Title V operating permit under 

the § 49.139 rule. However, those sources already issued owner-requested non-Title V 

permits will need to perform the monitoring and recordkeeping required by the permit. As 

of May 2014, EPA has issued 35 source-requested non-Title V operating permits. EPA 

estimates that the sources with a permit will spend 50 hours each per year performing the 

monitoring and recordkeeping required by the permit.

EPA also estimates that no sources will be required by EPA to get a non-Title V 

operating permit. In the years since the FIP rules were first implemented, EPA has not 

required an operating permit under this rule and thus does not anticipate requiring any 

permits during the period of this ICR.

The source-requested non-Title V permits 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 

O&M 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, where sources may use operating permits to reduce the stringency of rules 

that apply to them.

Therefore, those sources requesting a non-Title V permit limiting a source’s potential to 

emit or actual emissions would have been able to avoid other, likely more significant, 

burdens and costs.
34

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 5.70 full-time equivalents (FTE) will be needed to carry 

out EPA information collection responsibilities for the FIP rules. This includes work 

carried out by EPA staff, delegated tribes (implementing the FIPs on behalf of EPA), and 

Senior Environmental Employment (SEE) employees. An hourly rate of $58.50 was used to 

estimate costs. Table 10 shows the calculation of this hourly rate. Table 3 provides a 

summary of the EPA (and delegated tribes) activities associated with the collection of 

information for each rule.

Table 9

EPA Average Annual Burden and Costs

Total Hours $/Hour Annual EPA Cost

5.70 FTE = 11,856 hours $58.50 $693,576

Associated Task

0.45 Registration

0.70 Misc. approvals & oversight related to reporting & 

recordkeeping

0.50 Non-Title V operating permits

3.75 Burn Permit Programs

0.20 Database development

0.10 Delegations

5.70 TOTAL
35

Table 10

Determination of 2012 Federal Salary Rates1

and Total Hourly Cost

Wage rate of Permit Staff, GS 11 Step 5

2

$33.26

Wage rate of Supervisory Staff, GS 13 Step 5

2

 $47.41 +

Factor: 0.0913 x 0.091

$ 4.31

Wage ratet of Support Staff, GS 6 Step 5

2

 $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 2012-SEA”, General Schedule incorporating locality pay.

< https://www.opm.gov/oca/12tables/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.”

 
36

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 § 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 5,069 hours compared to the 

previously approved estimate of 6,245, a difference of -1,176 hours. The decrease in the 

burden estimate for this collection is based on input from source consultations, 

supersedence of the provisions of one rule (49.139), and information we have learned about 

the source universe through implementing the rules. Some components of the burden 

estimate decreased and some components increased (but by a lesser amount overall), 

resulting in an estimate that is lower than the previous estimate. The decreases were 

primarily associated with a decrease in the burden estimate for future delegations under 

the delegation rule (49.122), a decrease in the estimate of the number of sources for the 

sulfur in fuels rule (49.130) and an estimate that no additional sources will voluntarily 

apply for a non-Title V operating permit under the operating permits rule (49.139).

 

Table 11

Total Estimated Annual Burden and Cost Summary

Number of

Respondents1

Total 

Annual 

Burden 

Hours2

Average 

Annual 

Burden per 

Source 

(Hours) 

Total 

Annual Cost

Average 

Annual Cost 

Per Source

Respondents 1,681 5,069 3.02 $330,752 $197

EPA n/a 11,856 n/a $693,576 n/a

TOTAL 1,681 16,925 n/a $1,024,328 n/a

1

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

than one rule.

2

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.
37

6(g) Burden Statement

Burden Statement: The annual public reporting and recordkeeping burden for 

this collection of information is estimated to average 2.6 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-2013-0788, 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-2013-0788 and OMB Control Number 2060-0558 

in any correspondence.
38

References

U.S. Bureau of Labor Statistics (BLS). Employer costs per hour worked for employee 

compensation and costs as a percent of total compensation: Civilian workers, by 

occupational and industry group, December 2013

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). 2012. “Salary Table 2012-SEA. For the 

locality pay area of Seattle-Tacoma-Olympia, WA.” 

http://www.opm.gov/oca/12tables/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