cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
537 rows where part_number = 49 and title_number = 40 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 40:40:1.0.1.2.36.1.208.1 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.1 Program overview. | EPA | (a) The regulations in this part identify those provisions of the Clean Air Act (Act) for which Indian tribes are or may be treated in the same manner as States. In general, these regulations authorize eligible tribes to have the same rights and responsibilities as States under the Clean Air Act and authorize EPA approval of tribal air quality programs meeting the applicable minimum requirements of the Act. (b) Nothing in this part shall prevent an Indian tribe from establishing additional or more stringent air quality protection requirements not inconsistent with the Act. | ||||
| 40:40:1.0.1.2.36.1.208.10 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.10 EPA review of State Clean Air Act programs. | EPA | A State Clean Air Act program submittal shall not be disapproved because of failure to address air resources within the exterior boundaries of an Indian Reservation or other areas within the jurisdiction of an Indian tribe. | ||||
| 40:40:1.0.1.2.36.1.208.11 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.11 Actions under section 301(d)(4) authority. | EPA | Notwithstanding any determination made on the basis of authorities granted the Administrator under any other provision of this section, the Administrator, pursuant to the discretionary authority explicitly granted to the Administrator under sections 301(a) and 301(d)(4): (a) Shall promulgate without unreasonable delay such Federal implementation plan provisions as are necessary or appropriate to protect air quality, consistent with the provisions of sections 304(a) and 301(d)(4), if a tribe does not submit a tribal implementation plan meeting the completeness criteria of 40 CFR part 51, appendix V, or does not receive EPA approval of a submitted tribal implementation plan. (b) May provide up to 95 percent of the cost of implementing programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards. After two years from the date of each tribe's initial grant award, the maximum Federal share will be reduced to 90 percent, as long as the Regional Administrator determines that the tribe meets certain economic indicators that would provide an objective assessment of the tribe's ability to increase its share. The Regional Administrator may increase the maximum Federal share to 100 percent if the tribe can demonstrate in writing to the satisfaction of the Regional Administrator that fiscal circumstances within the tribe are constrained to such an extent that fulfilling the match would impose undue hardship. | ||||
| 40:40:1.0.1.2.36.1.208.12 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | §§ 49.12-49.50 [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.1.208.2 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.2 Definitions. | EPA | (a) Clean Air Act or Act means those statutory provisions in the United States Code at 42 U.S.C. 7401, et seq. (b) Federal Indian Reservation, Indian Reservation or Reservation means all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation. (c) Indian tribe or tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is federally recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (d) Indian Tribe Consortium or Tribal Consortium means a group of two or more Indian tribes. (e) State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands. | ||||
| 40:40:1.0.1.2.36.1.208.3 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.3 General Tribal Clean Air Act authority. | EPA | Tribes meeting the eligibility criteria of § 49.6 shall be treated in the same manner as States with respect to all provisions of the Clean Air Act and implementing regulations, except for those provisions identified in § 49.4 and the regulations that implement those provisions. | ||||
| 40:40:1.0.1.2.36.1.208.4 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.4 Clean Air Act provisions for which it is not appropriate to treat tribes in the same manner as States. | EPA | Tribes will not be treated as States with respect to the following provisions of the Clean Air Act and any implementing regulations thereunder: (a) Specific plan submittal and implementation deadlines for NAAQS-related requirements, including but not limited to such deadlines in sections 110(a)(1), 172(a)(2), 182, 187, 189, and 191 of the Act. (b) The specific deadlines associated with the review and revision of implementation plans related to major fuel burning sources in section 124 of the Act. (c) The mandatory imposition of sanctions under section 179 of the Act because of a failure to submit an implementation plan or required plan element by a specific deadline, or the submittal of an incomplete or disapproved plan or element. (d) The provisions of section 110(c)(1) of the Act. (e) Specific visibility implementation plan submittal deadlines established under section 169A of the Act. (f) Specific implementation plan submittal deadlines related to interstate commissions under sections 169B(e)(2), 184(b)(1) and (c)(5) of the Act. For eligible tribes participating as members of such commissions, the Administrator shall establish those submittal deadlines that are determined to be practicable or, as with other non-participating tribes in an affected transport region, provide for Federal implementation of necessary measures. (g) Any provisions of the Act requiring as a condition of program approval the demonstration of criminal enforcement authority or any provisions of the Act providing for the delegation of such criminal enforcement authority. Tribes seeking approval of a Clean Air Act program requiring such demonstration may receive program approval if they meet the requirements of § 49.8. (h) The specific deadline for the submittal of operating permit programs in section 502(d)(1) of the Act. (i) The mandatory imposition of sanctions under section 502(d)(2)(B) because of failure to submit an operating permit program or EPA disapproval of an operating permit program submittal in whole or part. (j) The… | ||||
| 40:40:1.0.1.2.36.1.208.5 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.5 Tribal requests for additional Clean Air Act provisions for which it is not appropriate to treat tribes in the same manner as States. | EPA | Any tribe may request that the Administrator specify additional provisions of the Clean Air Act for which it would be inappropriate to treat tribes in general in the same manner as States. Such request should clearly identify the provisions at issue and should be accompanied with a statement explaining why it is inappropriate to treat tribes in the same manner as States with respect to such provisions. | ||||
| 40:40:1.0.1.2.36.1.208.6 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.6 Tribal eligibility requirements. | EPA | Sections 301(d)(2) and 302(r), 42 U.S.C. 7601(d)(2) and 7602(r), authorize the Administrator to treat an Indian tribe in the same manner as a State for the Clean Air Act provisions identified in § 49.3 if the Indian tribe meets the following criteria: (a) The applicant is an Indian tribe recognized by the Secretary of the Interior; (b) The Indian tribe has a governing body carrying out substantial governmental duties and functions; (c) The functions to be exercised by the Indian tribe pertain to the management and protection of air resources within the exterior boundaries of the reservation or other areas within the tribe's jurisdiction; and (d) The Indian tribe is reasonably expected to be capable, in the EPA Regional Administrator's judgment, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of the Clean Air Act and all applicable regulations. | ||||
| 40:40:1.0.1.2.36.1.208.7 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.7 Request by an Indian tribe for eligibility determination and Clean Air Act program approval. | EPA | (a) An Indian tribe may apply to the EPA Regional Administrator for a determination that it meets the eligibility requirements of § 49.6 for Clean Air Act program approval. The application shall concisely describe how the Indian tribe will meet each of the requirements of § 49.6 and should include the following information: (1) A statement that the applicant is an Indian tribe recognized by the Secretary of the Interior. (2) A descriptive statement demonstrating that the applicant is currently carrying out substantial governmental duties and powers over a defined area. This statement should: (i) Describe the form of the tribal government; (ii) Describe the types of government functions currently performed by the tribal governing body such as, but not limited to, the exercise of police powers affecting (or relating to) the health, safety, and welfare of the affected population; taxation; and the exercise of the power of eminent domain; and (iii) Identify the source of the tribal government's authority to carry out the governmental functions currently being performed. (3) A descriptive statement of the Indian tribe's authority to regulate air quality. For applications covering areas within the exterior boundaries of the applicant's reservation the statement must identify with clarity and precision the exterior boundaries of the reservation including, for example, a map and a legal description of the area. For tribal applications covering areas outside the boundaries of a reservation the statement should include: (i) A map or legal description of the area over which the application asserts authority; and (ii) A statement by the applicant's legal counsel (or equivalent official) that describes the basis for the tribe's assertion of authority (including the nature or subject matter of the asserted regulatory authority) which may include a copy of documents such as tribal constitutions, by-laws, charters, executive orders, codes, ordinances, and/or resolutions that support the tribe's assertion of authority. (… | ||||
| 40:40:1.0.1.2.36.1.208.8 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.8 Provisions for tribal criminal enforcement authority. | EPA | To the extent that an Indian tribe is precluded from asserting criminal enforcement authority, the Federal Government will exercise primary criminal enforcement responsibility. The tribe, with the EPA Region, shall develop a procedure by which the tribe will provide potential investigative leads to EPA and/or other appropriate Federal agencies, as agreed to by the parties, in an appropriate and timely manner. This procedure shall encompass all circumstances in which the tribe is incapable of exercising applicable enforcement requirements as provided in § 49.7(a)(6). This agreement shall be incorporated into a Memorandum of Agreement with the EPA Region. | ||||
| 40:40:1.0.1.2.36.1.208.9 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | A | Subpart A—Tribal Authority | § 49.9 EPA review of tribal Clean Air Act applications. | EPA | (a) The EPA Regional Administrator shall process a request of an Indian tribe submitted under § 49.7 in a timely manner. The EPA Regional Administrator shall promptly notify the Indian tribe of receipt of the application. (b) Within 30 days of receipt of an Indian tribe's initial, complete application, the EPA Regional Administrator shall notify all appropriate governmental entities. (1) For tribal applications addressing air resources within the exterior boundaries of the reservation, EPA's notification of other governmental entities shall specify the geographic boundaries of the reservation. (2) For tribal applications addressing non-reservation areas, EPA's notification of other governmental entities shall include the substance and bases of the tribe's jurisdictional assertions. (c) The governmental entities shall have 30 days to provide written comments to EPA's Regional Administrator regarding any dispute concerning the boundary of the reservation. Where a tribe has asserted jurisdiction over non-reservation areas, appropriate governmental entities may request a single 30-day extension to the general 30-day comment period. (d) In all cases, comments must be timely, limited to the scope of the tribe's jurisdictional assertion, and clearly explain the substance, bases, and extent of any objections. If a tribe's assertion is subject to a conflicting claim, the EPA Regional Administrator may request additional information from the tribe and may consult with the Department of the Interior. (e) The EPA Regional Administrator shall decide the jurisdictional scope of the tribe's program. If a conflicting claim cannot be promptly resolved, the EPA Regional Administrator may approve that portion of an application addressing all undisputed areas. (f) A determination by the EPA Regional Administrator concerning the boundaries of a reservation or tribal jurisdiction over non-reservation areas shall apply to all future Clean Air Act applications from that tribe or tribal consortium and no further notice to governme… | ||||
| 40:40:1.0.1.2.36.10.216.1 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | J | Subpart J—Implementation Plans for Tribes—Region VII | §§ 49.3921-49.4160 [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.11.216.1 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4161 Introduction. | EPA | (a) What is the purpose of §§ 49.4161 through 49.4168? Sections 49.4161 through 49.4168 establish legally and practicably enforceable requirements to control and reduce VOC emissions from well completion operations, well recompletion operations, production operations, and storage operations at existing, new and modified oil and natural gas production facilities. (b) Am I subject to §§ 49.4161 through 49.4168? Sections 49.4161 through 49.4168 apply to each owner or operator constructing, modifying or operating an oil and natural gas production facility producing from the Bakken Pool with one or more oil and natural gas wells, for any one of which completion or recompletion operations are/were performed on or after August 12, 2007, that is located on the Fort Berthold Indian Reservation, which is defined by the Act of March 3, 1891 (26 Statute 1032) and which includes all lands added to the Reservation by Executive Order of June 17, 1892 (the “Fort Berthold Indian Reservation”). For the purposes of this subpart, the date that the first well completion operation at a new oil and natural gas production facility was initiated is the date that initial construction has commenced. For the purposes of this subpart, the date that a new well completion operation or the date that an existing well recompletion operation at an existing oil and natural gas production facility is initiated is the date that a modification has commenced. (c) When must I comply with §§ 49.4161 through 49.4168? Compliance with §§ 49.4161 through 49.4168 is required no later than June 20, 2013 or upon initiation of well completion operations or well recompletion operations, whichever is later. | ||||
| 40:40:1.0.1.2.36.11.216.2 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4162 Delegation of authority of administration to the tribes. | EPA | (a) What is the purpose of this section? The purpose of this section is to establish the process by which the Regional Administrator may delegate to the Mandan, Hidatsa and Arikara Nation the authority to assist the EPA with administration of this Federal Implementation Plan (FIP). This section provides for administrative delegation and does not affect the eligibility criteria under 40 CFR 49.6 for treatment in the same manner as a state. (b) How does the Tribe request delegation? In order to be delegated authority to assist us with administration of this FIP, the authorized representative of the Mandan, Hidatsa and Arikara Nation must submit a request to the Regional Administrator that: (1) Identifies the specific provisions for which delegation is requested; (2) Includes a statement by the Mandan, Hidatsa and Arikara Nation's legal counsel (or equivalent official) that includes the following information: (i) A statement that the Mandan, Hidatsa and Arikara Nation are an Indian Tribe recognized by the Secretary of the Interior; (ii) A descriptive statement demonstrating that the Mandan, Hidatsa and Arikara Nation are currently carrying out substantial governmental duties and powers over a defined area and that meets the requirements of § 49.7(a)(2); and (iii) A description of the laws of the Mandan, Hidatsa and Arikara Nation that provide adequate authority to carry out the aspects of the rule for which delegation is requested. (3) Demonstrates that the Mandan, Hidatsa and Arikara Nation have, or will have, adequate resources to carry out the aspects of the rule for which delegation is requested. (c) How is the delegation of administration accomplished? (1) A Delegation of Authority Agreement will set forth the terms and conditions of the delegation, will specify the rule and provisions that the Mandan, Hidatsa and Arikara Nation shall be authorized to implement on behalf of the EPA, and shall be entered into by the Regional Administrator and the Mandan, Hidatsa and Arikara Nation. The Agreement wi… | ||||
| 40:40:1.0.1.2.36.11.216.3 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4163 General provisions. | EPA | (a) Definitions. As used in §§ 49.4161 through 49.4168, all terms not defined herein shall have the meaning given them in the Act, in subpart A and subpart OOOO of 40 CFR part 60, in the Prevention of Significant Deterioration regulations at 40 CFR 52.21, or in the Federal Minor New Source Review Program in Indian Country at 40 CFR 49.151. The following terms shall have the specific meanings given them. (1) Bakken Pool means Oil produced from the Bakken, Three Forks, and Sanish Formations. (2) Breathing losses means natural gas emissions from fixed roof tanks resulting from evaporative losses during storage. (3) Casinghead natural gas means the associated natural gas that naturally dissolves out of reservoir fluids during well completion operations and recompletion operations due to the pressure relief that occurs as the reservoir fluids travel up the well casinghead. (4) Closed vent system means a system that is not open to the atmosphere and that is composed of hard-piping, ductwork, connections, and, if necessary, flow-inducing devices that transport natural gas from a piece or pieces of equipment to a control device or back to a process. (5) Enclosed combustor means a thermal oxidation system with an enclosed combustion chamber that maintains a limited constant temperature by controlling fuel and combustion air. (6) Existing facility means an oil and natural gas production facility that begins actual construction prior to the effective date of the “Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa and Arikara Nation), North Dakota”. (7) Flashing losses means natural gas emissions resulting from the presence of dissolved natural gas in the produced oil and the produced water, both of which are under high pressure, that occurs as the produced oil and produced water is transferred to storage tanks or other vessels that are at atmospheric pressure. (8) Modified facility means a facility which has undergone th… | ||||
| 40:40:1.0.1.2.36.11.216.4 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4164 Construction and operational control measures. | EPA | (a) Each owner or operator must operate and maintain all liquid and gas collection, storage, processing and handling operations, regardless of size, so as to minimize leakage of natural gas emissions to the atmosphere. (b) During all oil and natural gas well completion operations or recompletion operations at an oil and natural gas production facility and prior to the first date of production of each oil and natural gas well, each owner or operator must, at a minimum, route all casinghead natural gas to a utility flare or a pit flare capable of reducing the mass content of VOC in the natural gas emissions vented to it by at least 90.0 percent or greater and operated as specified in §§ 49.4165 and 49.4166. (c) Beginning with the first date of production from any one oil and natural gas well at an oil and natural gas production facility, each owner or operator must, at a minimum, route all natural gas emissions from production operations and storage operations to a control device capable of reducing the mass content of VOC in the natural gas emissions vented to it by at least 90.0 percent or greater and operated as specified in §§ 49.4165 and 49.4166. (d) Within ninety (90) days of the first date of production from any oil and natural gas well at an oil and natural gas production facility, each owner or operator must: (1) Route the produced natural gas from the production operations through a closed-vent system to: (i) An operating system designed to recover and inject all the produced natural gas into a natural gas gathering pipeline system for sale or other beneficial purpose; or (ii) A utility flare or equivalent combustion device capable of reducing the mass content of VOC in the produced natural gas vented to the device by at least 98.0 percent or greater and operated as specified in §§ 49.4165 and 49.4166. (2) Route all standing, working, breathing, and flashing losses from the produced oil storage tanks and any produced water storage tank interconnected with the produced oil storage tanks through a cl… | ||||
| 40:40:1.0.1.2.36.11.216.5 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4165 Control equipment requirements. | EPA | (a) Covers. Each owner or operator must equip all openings on each produced oil storage tank and produced water storage tank interconnected with produced oil storage tanks with a cover to ensure that all natural gas emissions are efficiently being routed through a closed-vent system to a vapor recovery system, an enclosed combustor, a utility flare, or a pit flare. (1) Each cover and all openings on the cover (e.g., access hatches, sampling ports, pressure relief valves (PRV), and gauge wells) shall form a continuous impermeable barrier over the entire surface area of the produced oil and produced water in the storage tank. (2) Each cover opening shall be secured in a closed, sealed position (e.g., covered by a gasketed lid or cap) whenever material is in the unit on which the cover is installed except during those times when it is necessary to use an opening as follows: (i) To add material to, or remove material from the unit (this includes openings necessary to equalize or balance the internal pressure of the unit following changes in the level of the material in the unit); (ii) To inspect or sample the material in the unit; or (iii) To inspect, maintain, repair, or replace equipment located inside the unit. (3) Each thief hatch cover shall be weighted and properly seated. (4) Each PRV shall be set to release at a pressure that will ensure that natural gas emissions are routed through the closed-vent system to the vapor recovery system, the enclosed combustor, or the utility flare under normal operating conditions. (b) Closed-vent systems. Each owner or operator must meet the following requirements for closed-vent systems: (1) Each closed-vent system must route all produced natural gas and natural gas emissions from production and storage operations to the natural gas sales pipeline or the control devices required by paragraph (a) of this section. (2) All vent lines, connections, fittings, valves, relief valves, or any other appurtenance employed to contain and collect natural gas, vapor, and fume… | ||||
| 40:40:1.0.1.2.36.11.216.6 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4166 Monitoring requirements. | EPA | (a) Each owner and operator must measure the barrels of oil produced at the oil and natural gas production facility each time the oil is unloaded from the produced oil storage tanks using the methodologies of tank gauging or positive displacement metering system, as appropriate, as established by the U.S. Department of the Interior's Bureau of Land Management at 43 CFR part 3160, in the “Onshore Oil and Gas Operations; Federal and Indian Oil & Gas Leases; Onshore Oil and Gas Order No. 4; Measurement of Oil”. (b) Each owner or operator must monitor the hours that each pit flare is operated to control produced natural gas and natural gas emissions in the event that natural gas recovered for pipeline injection must be diverted to a backup control device because injection is temporarily infeasible and there is no enclosed combustor or utility flare at the oil and natural gas production facility. (c) Each owner or operator must monitor the volume of produced natural gas sent to each enclosed combustor, utility flare, and pit flare at all times. Methods to measure the volume include, but are not limited to, direct measurement and gas-to-oil ratio (GOR) laboratory analyses. (d) Each owner or operator must monitor the volume of standing, working, breathing, and flashing losses from the produced oil and produced water storage tanks sent to each vapor recovery system, enclosed combustor, utility flare, and pit flare at all times. Methods to measure the volume include, but are not limited to, direct measurement or GOR laboratory analyses. (e) Each owner or operator must perform quarterly visual inspections of tank thief hatches, covers, seals, PRVs, and closed vent systems to ensure proper condition and functioning and repair any damaged equipment. The quarterly inspections must be performed while the produced oil and produced water storage tanks are being filled. (f) Each owner or operator must perform quarterly visual inspections of the peak pressure and vacuum values in each closed vent system and control system for… | ||||
| 40:40:1.0.1.2.36.11.216.7 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4167 Recordkeeping requirements. | EPA | (a) Each owner or operator must maintain the following records: (1) The measured barrels of oil produced at the oil and natural gas production facility each time the oil is unloaded from the produced oil storage tanks; (2) The volume of produced natural gas sent to each enclosed combustor, utility flare, and pit flare at all times; (3) The volume of natural gas emissions from the produced oil storage tanks and produced water storage tanks sent to each enclosed combustor, utility flare, and pit flare at all times; (4) A summary of each oil and natural gas well completion operation and recompletion operation at an oil and natural gas production facility. Each summary shall include: (i) The latitude and longitude location of the oil and natural gas well in decimal format; (ii) The date, time, and duration in hours of flowback from the oil and natural gas well; (iii) The date, time, and duration in hours of any venting of casinghead natural gas from the oil and natural gas well; and (iv) Specific reasons for each instance of venting in lieu of capture or combustion. (5) For each enclosed combustor, utility flare, and pit flare at an oil and natural gas production facility: (i) Written, site-specific designs, operating instructions, operating procedures and maintenance schedules; (ii) Records of all required monitoring of operations; (iii) Records of any deviations from the operating parameters specified by the written site-specific designs, operating instructions, and operating procedures. The records must include the enclosed combustor, utility flare, or pit flare's total operating time during which a deviation occurred, the date, time and length of time that deviations occurred, and the corrective actions taken and any preventative measures adopted to operate the device within that operating parameter; (iv) Records of any instances in which the pilot flame is not present, electronically controlled automatic igniter is not functioning, or the monitoring equipment is not functioning in the enclosed combu… | ||||
| 40:40:1.0.1.2.36.11.216.8 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4168 Notification and reporting requirements. | EPA | (a) Each owner or operator must submit any documents required under this section to: U.S. Environmental Protection Agency, Region 8 Office of Enforcement, Compliance & Environmental Justice, Air Toxics and Technical Enforcement Program, 8ENF-AT, 1595 Wynkoop Street, Denver, Colorado 80202. Documents may be submitted electronically to r8airreportenforcement@epa.gov. (b) Each owner and operator must submit an annual report containing the information specified in paragraphs (b)(1) through (4) of this section. Each annual report is due August 15th every year and must cover all information for the previous calendar year. The initial report must cover the cumulative information for that year. If you own or operate more than one oil and natural gas production facility, you may submit one report for multiple oil and natural gas production facilities provided the report contains all of the information required as specified in paragraphs (b)(1) through (4) of this section. Annual reports may coincide with title V reports as long as all the required elements of the annual report are included. The EPA may approve a common schedule on which reports required by §§ 49.4161 through 49.4168 may be submitted as long as the schedule does not extend the reporting period. (1) The company name and the address of the oil and natural gas production facility or facilities. (2) An identification of each oil and natural gas production facility being included in the annual report. (3) The beginning and ending dates of the reporting period. (4) For each oil and natural gas production facility, the information in paragraphs (b)(4)(i) through (iv) of this section. (i) A summary of all required records identifying each oil and natural gas well completion or recompletion operation for each oil and natural gas production facility conducted during the reporting period; (ii) An identification of the first date of production for each oil and natural gas well at each oil and natural gas production facility that commenced production during the… | ||||
| 40:40:1.0.1.2.36.11.217.10 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4170 Delegation of authority of administration to the Tribe. | EPA | (a) What is the purpose of this section? The purpose of this section is to establish the process by which the Regional Administrator may delegate to the Ute Indian Tribe the authority to assist the EPA with administration of this U&O FIP. This section provides for administrative delegation and does not affect the eligibility criteria under § 49.6 for treatment in the same manner as a state. (b) How does the Ute Indian Tribe request delegation? To be delegated authority to assist the EPA with administration of this U&O FIP, the authorized representative of the Ute Indian Tribe must submit a written request to the Regional Administrator that: (1) Identifies the specific provisions for which delegation is requested; (2) Includes a statement by the Ute Indian Tribe's legal counsel (or equivalent official) with the following information: (i) A statement that the Ute Indian Tribe is an Indian tribe recognized by the Secretary of the Interior; (ii) A descriptive statement that meets the requirements of § 49.7(a)(2) and demonstrates that the Ute Indian Tribe is currently carrying out substantial governmental duties and powers over a defined area; (iii) A description of the laws of the Ute Indian Tribe that provide adequate authority to carry out the aspects of the rule for which delegation is requested; and (3) Demonstrates that the Ute Indian Tribe has, or will have, adequate resources to carry out the aspects of the rule for which delegation is requested. (c) How is the delegation of administration accomplished? (1) A Delegation of Authority Agreement setting forth the terms and conditions of the delegation and specifying the provisions of this rule that the Ute Indian Tribe will be authorized to implement on behalf of the EPA will be entered into by the Regional Administrator and the Ute Indian Tribe. The Agreement will become effective on the date that both the Regional Administrator and the authorized representative of the Ute Indian Tribe have signed the Agreement. Once the delegation becomes effectiv… | ||||
| 40:40:1.0.1.2.36.11.217.11 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4171 General provisions. | EPA | (a) At all times, including periods of startup, shutdown, and malfunction, each owner or operator must, to the extent practicable, design, operate, and maintain all equipment used for crude oil, condensate, intermediate hydrocarbon liquid, or produced water, and gas collection, storage, processing, and handling operations covered under §§ 49.4171 and 49.4173 through 49.4184, regardless of emissions rate and including associated air pollution control equipment, in a manner that is consistent with good air pollution control practices and that minimizes leakage of VOC emissions to the atmosphere. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Administrator, including monitoring results, review of operating and maintenance procedures, and inspection of the source. (b) Definitions. As used in §§ 49.4169 through 49.4184, all terms not defined have the meaning given them in the Act, in 40 CFR parts 60 and 63, in the Prevention of Significant Deterioration regulations at 40 CFR 52.21, in the Federal Minor New Source Review Program in Indian Country at § 49.151, or in the Federal Implementation Plan for Managing Air Emissions from True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector at § 49.102. The following terms are defined here: Bottom filling means the filling of a storage vessel through an inlet at or near the bottom of the storage vessel designed to have the opening covered by the liquid after the pipe normally used to withdraw liquid can no longer withdraw any liquid. Condensate means hydrocarbon liquid separated from produced natural gas that condenses due to changes in temperature, pressure, or both, and that remains liquid at standard conditions. Crude oil means hydrocarbon liquids that are separated from well-extracted reservoir fluids during oil and natural gas production operations, and that are stored or injected to pipeli… | ||||
| 40:40:1.0.1.2.36.11.217.12 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4172 Emissions inventory. | EPA | (a) Applicability. The emissions inventory requirements of this section apply to each oil and natural gas source, as identified in § 49.4169(b), that has actual emissions of any pollutant identified in paragraph (c) of this section greater than or equal to one ton in any consecutive 12-month period. (b) Each oil and natural gas source must submit an inventory for every third year, beginning with the 2023 calendar year, for all emission units at a source. (c) The inventory must include the total emissions for PM 10 , PM 2.5 , oxides of sulfur, nitrogen oxides, carbon monoxide, and volatile organic compounds, as defined at 40 CFR 51.50, for each emissions unit at the source. Emissions for each emissions unit at the source must be calculated using the emissions unit's actual operating hours, appropriate emissions rates, the use of performance test results where applicable, product rates and types of materials processed, stored, or combusted during the calendar year of the reporting period. (d) The inventory must include the type and efficiency, for each pollutant controlled, of any air pollution control equipment present at the reporting source. The detail of the emissions inventory must be consistent with the detail and data elements required by 40 CFR part 51, subpart A. (e) The inventory must be submitted to the EPA no later than April 15th of the year following each inventory year. (f) The inventory must be submitted in an electronic format specific to this source category, as instructed on the EPA Region 8 website at https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-8. | ||||
| 40:40:1.0.1.2.36.11.217.13 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4173 VOC emissions control requirements for storage vessels. | EPA | (a) Applicability. The VOC emissions control requirements of this section apply to storage vessels at an oil and natural gas source (as specified in § 49.4169(b)) as follows: (1) For oil and natural gas sources that began operations before February 6, 2023, the VOC emissions control requirements of this section apply when the source-wide potential for VOC emissions from the collection of all storage vessels, glycol dehydrators, and pneumatic pumps is equal to or greater than 4 tpy, as determined according to this section. The potential for VOC emissions must be calculated using a generally accepted model or calculation methodology, based on the maximum average daily throughput determined for a 30-day period of production during the 12 months before the compliance deadline for the affected source under this rule. The determination may take into account requirements under a legally and practicably enforceable limit in an operating permit or other federally enforceable requirement. You must reevaluate the source-wide VOC emissions from the collection of all storage vessels, glycol dehydrators and pneumatic pumps for each modification to an existing source; or (2) For oil and natural gas sources that began operations on or after February 6, 2023, the VOC emissions control requirements of this section apply upon startup of operation. (3) Modification to an oil and natural gas source requires a re-evaluation of the source-wide VOC emissions from the collection of all storage vessels, glycol dehydrators and pneumatic pumps. Adding production from a new well or increasing production at an existing well is considered a modification of a well site. Increasing maximum throughput at a tank battery, compressor station or natural gas processing plant is considered a modification. (b) Exemptions. (1) This section does not apply to storage vessels located at an oil and natural gas source that are subject to the emissions control requirements for storage vessels in 40 CFR part 60, subparts OOOO or OOOOa, or 40 CFR part 63… | ||||
| 40:40:1.0.1.2.36.11.217.14 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4174 VOC emissions control requirements for dehydrators. | EPA | (a) Applicability. The VOC emissions control requirements of this section apply to each glycol dehydration unit located at an oil and natural gas source as identified in § 49.4169(b) where the source-wide potential for VOC emissions from the collection of all storage vessels, glycol dehydrators, and pneumatic pumps is equal to or greater than 4 tpy, as determined according to § 49.4173. You must reevaluate the source-wide VOC emissions from the collection of all storage vessels, glycol dehydrators and pneumatic pumps for each modification to an existing source, as described in § 49.4173(a)(3). Applicability for glycol dehydrators that began operation before February 6, 2023 must be determined using uncontrolled actual emissions. Applicability for glycol dehydrators that began operation on or after February 6, 2023 must be determined using potential to emit. (b) Exemptions. This section does not apply to glycol dehydration units subject to the emissions control requirements for glycol dehydration unit process vents in 40 CFR part 63, subpart HH. (c) VOC emissions control requirements. For each glycol dehydration unit, you must comply with the VOC emissions control requirements of paragraphs (c)(1) or (2) of this section. (1) You must reduce VOC emissions from each glycol dehydration unit process vent by at least 95.0 percent on a continuous basis according to paragraphs (c)(1)(i) and (ii) of this section. You must route all glycol dehydration unit process vent emissions through a closed-vent system that meets the conditions specified in § 49.4176(d) to: (i) An operating system designed to recover 100 percent of the emissions and recycle them for use in a process unit or incorporate them into a product; or (ii) An enclosed combustor or flare designed to reduce the mass content of VOC in the emissions vented to the device by at least 95.0 percent and operated as specified in § 49.4177; or (2) You must maintain the source-wide uncontrolled actual VOC emissions from the collection of all storage vessels, g… | ||||
| 40:40:1.0.1.2.36.11.217.15 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4175 VOC emissions control requirements for pneumatic pumps. | EPA | (a) Applicability. The requirements of this section apply to each pneumatic pump located at an oil and natural gas source as identified in § 49.4169(b) where the source-wide potential for VOC emissions from the collection of all storage vessels, glycol dehydrators, and pneumatic pumps is equal to or greater than 4 tpy, as determined according to § 49.4173. You must reevaluate the source-wide VOC emissions from the collection of all storage vessels, glycol dehydrators and pneumatic pumps for each modification to an existing source, as described in § 49.4173(a)(3). Applicability for pneumatic pumps that began operation before February 6, 2023 must be determined using uncontrolled actual emissions. Applicability for pneumatic pumps that began operation on or after February 6, 2023 must be determined using potential to emit. (b) Exemptions. This section does not apply to pneumatic pumps subject to the emissions control requirements for pneumatic pumps in 40 CFR part 60, subpart OOOOa. (c) VOC Emission Control Requirements. For each pneumatic pump, you must comply with the VOC emissions control requirements of paragraph (c)(1) or (2) of this section. (1) You must reduce VOC emissions from each pneumatic pump by at least 95.0 percent on a continuous basis according to paragraph (c)(1)(i) or (ii) of this section. You must route all pneumatic pump emissions through a closed-vent system that meets the conditions specified in § 49.4176(d) to: (i) An operating system designed to recover 100 percent of the emissions and recycle them for use in a process unit or incorporate them into a product; or (ii) An enclosed combustor or flare designed to reduce the mass content of VOC in the emissions vented to the device by at least 95.0 percent and operated as specified in § 49.4177; or (2) You must maintain the source-wide uncontrolled actual VOC emissions from the collection of all storage vessels, glycol dehydrators, and pneumatic pumps at an oil and natural gas source at less than 4 tpy for any 12 consecutive months i… | ||||
| 40:40:1.0.1.2.36.11.217.16 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4176 VOC emissions control requirements for covers and closed-vent systems. | EPA | (a) Applicability. The VOC emissions control requirements in this section apply to each cover on a storage vessel that is subject to § 49.4173, and to each closed-vent system that is used to convey VOC emissions from the collection of all storage vessels, glycol dehydration units, or pneumatic pumps (to a vapor recovery system or control device) that are subject to §§ 49.4173 through 49.4175. (b) Exemptions. This section does not apply to covers and closed-vent systems that are subject to the requirements for covers and closed-vent systems in 40 CFR part 60, subparts OOOO or OOOOa, or 40 CFR part 63, subpart HH. (c) Covers. Each owner or operator must equip all openings on each storage vessel with a cover to ensure that all flashing, working, standing and breathing loss emissions are routed through a closed-vent system to a vapor recovery system, an enclosed combustor, or a flare. (1) Each cover and all openings on the cover (e.g., access hatches, sampling ports, pressure relief valves (PRV), and gauge wells) must form a continuous impermeable barrier over the entire surface area of the crude oil, condensate, intermediate hydrocarbon liquids, or produced water in the storage vessel. (2) Each cover opening must be secured in a closed, sealed position (e.g., covered by a gasketed lid or cap) whenever material is in the unit on which the cover is installed except when it is necessary to use an opening as follows: (i) To add fluids to, or remove fluids from the unit (this includes openings necessary to equalize or balance the internal pressure of the unit following changes in the level of the material in the unit); (ii) To inspect or sample the fluids in the unit; or (iii) To inspect, maintain, repair, or replace equipment located inside the unit. (3) Each thief hatch cover must be weighted and properly seated to ensure that flashing, working, standing, and breathing loss emissions are routed through the closed-vent system to the vapor recovery system, the enclosed combustor, or the flare under normal o… | ||||
| 40:40:1.0.1.2.36.11.217.17 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4177 VOC emissions control devices. | EPA | (a) Applicability. The requirements in this section apply to all flares and enclosed combustors used to control VOC emissions at an oil and natural gas source, as identified in § 49.4169(b), in order to meet the requirements specified in §§ 49.4173 through 49.4176, as applicable. (b) Exemptions. This section does not apply to VOC emission control devices that are subject to the requirements for control devices used to comply with the emissions standards in 40 CFR part 60, subparts OOOO or OOOOa; or 40 CFR part 63, subpart HH. (c) Enclosed combustors and flares. Each owner or operator must meet the following requirements for enclosed combustors and flares: (1) For each enclosed combustor or flare, the owner or operator must follow the manufacturer's written operating instructions, procedures, and maintenance schedule to ensure good air pollution control practices for minimizing emissions; (2) The owner or operator must ensure that each enclosed combustor or flare is designed to have sufficient capacity to reduce the mass content of VOC in the captured emissions routed to it by at least 95.0 percent for the minimum and maximum natural gas volumetric flow rate and BTU content routed to the device; (3) Each enclosed combustor or flare must be operated to reduce the mass content of VOC in the captured emissions routed to it by continuously meeting at least 95.0 percent VOC control efficiency; (4) The owner or operator must ensure that each flare is designed and operated in accordance with the requirements of 40 CFR 60.18(b) for such flares; (5) The owner or operator must ensure that each enclosed combustor is: (i) A model that is: (A) Demonstrated by a manufacturer to meet the VOC control efficiency requirements of §§ 49.4173 through 49.4176 using EPA-approved performance test procedures specified in 40 CFR 60.5413; or (B) Demonstrated by the owner or operator to meet the VOC control efficiency requirements of §§ 49.4173 through 49.4176 according to the procedures and schedule specified in § 49.4182(d)… | ||||
| 40:40:1.0.1.2.36.11.217.18 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4178 VOC emissions control requirements for fugitive emissions. | EPA | (a) Applicability. The requirements of this section apply to all owners or operators of the collection of fugitive emissions components, as defined in § 49.4171, located at any oil and natural gas source, as identified in § 49.4169(b), except that this section does not apply to owners or operators of the collection of fugitive emissions components at an oil and natural gas source that is subject to the fugitive emissions monitoring requirements in 40 CFR part 60, subpart OOOOa. (b) Owners or operators of the collection of fugitive emissions components must comply with paragraph (d) of this section if either of the following is true: (1) The collection of fugitive emissions components is located at an oil and natural gas source that is required to control VOC emissions according to §§ 49.4173 through 49.4177 of this section ( i.e., the source-wide potential for VOC emissions from the collection of all storage vessels, glycol dehydrators, and pneumatic pumps is equal to or greater than 4 tpy, as determined according to § 49.4173(a)(1)); or (2) The collection of fugitive emissions components is located at a well site, as defined in 40 CFR 60.5430a, that at any time has total production greater than 15 barrels of oil equivalent (boe) per day based on a rolling 12-month average. (c) Owners or operators of the collection of fugitive emissions components for which neither (b)(1) nor (b)(2) is true must comply with either paragraph (c)(1) or paragraph (c)(2) of this section. (1) You must monitor all fugitive emissions components and repair all sources of fugitive emissions in accordance with paragraph (d) of this section. You must keep records in accordance with § 49.4183 and report in accordance with § 49.4184; or (2) You must maintain the total production for the well site at or below 15 boe per day based on a rolling 12-month average. You must demonstrate that the total daily oil and natural gas production from the collection of all wells producing to the well site is at or below 15 boe per day, based on a 12… | ||||
| 40:40:1.0.1.2.36.11.217.19 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4179 VOC emissions control requirements for tank truck loading. | EPA | (a) Applicability. The requirements in this section apply to each owner or operator who loads or permits the loading of any intermediate hydrocarbon liquid or produced water at an oil and natural gas source as identified in § 49.4169(b). (b) Tank truck loading requirements. Tank trucks used for transporting intermediate hydrocarbon liquid or produced water must be loaded and unloaded using measures to minimize VOC emissions. These measures must include, at a minimum, bottom filling or a submerged fill pipe, as defined in § 49.4171(b). | ||||
| 40:40:1.0.1.2.36.11.217.20 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4180 VOC emissions control requirements for pneumatic controllers. | EPA | (a) Applicability. The VOC emissions control requirements in this section apply to each owner or operator of any existing pneumatic controller located at an oil and natural gas source as identified in § 49.4169(b). (b) Exemptions. This section does not apply to pneumatic controllers subject to and controlled in accordance with the requirements for pneumatic controllers in 40 CFR part 60, subparts OOOO or OOOOa. (c) Retrofit requirements. All existing pneumatic controllers must meet the standards established for pneumatic controllers that are constructed, modified, or reconstructed on or after October 15, 2013, as specified in 40 CFR part 60, subpart OOOO. (d) Documentation requirements. The owner or operator of any existing pneumatic controllers must meet the tagging requirements in 40 CFR 60.5390(a), except that the month and year of installation, reconstruction or modification is not required. | ||||
| 40:40:1.0.1.2.36.11.217.21 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4181 Other combustion devices. | EPA | (a) Applicability. The VOC emission control requirements in this section apply to each owner or operator of any existing enclosed combustor or flare located at an oil and natural gas source as identified in § 49.4169(b) that is used to control VOC emissions, but that is not required under §§ 49.4173 through 49.4175 of this rule. (b) Retrofit requirements. All existing enclosed combustors and flares must be equipped with an operational electronically controlled automatic ignition device. | ||||
| 40:40:1.0.1.2.36.11.217.22 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4182 Monitoring and testing requirements. | EPA | (a) Applicability. The monitoring and testing requirements in paragraphs (c) and (d) of this section apply, as appropriate, to each oil and natural gas source as identified in § 49.4169(b) with equipment or activities that are subject to §§ 49.4173 through 49.4177. (b) Exemptions. Paragraphs (c) and (d) of this section do not apply to any storage vessels, glycol dehydration units, pneumatic pumps, covers, or closed-vent systems, or to VOC emission control devices subject to and monitored in accordance with the monitoring requirements for such equipment and activities in 40 CFR part 60, subparts OOOO or OOOOa, or 40 CFR part 63, subpart HH. (c) Each owner or operator must inspect each cover and closed-vent system as specified in paragraphs (c)(1) or (2). (1) Conduct olfactory, visual, and auditory inspections at least once every calendar month, separated by at least 15 days between each inspection, of each cover and closed-vent system, including each bypass device, and each storage vessel thief hatch, seal, and pressure relief valve, to ensure proper condition and functioning of the equipment to identify defects that can result in air emissions according to the procedures. Examples of defects are visible cracks, holes, or gaps in the cover or piping, or between the cover and the separator wall; loose connections; liquid leaks; and broken, cracked, or otherwise damaged seals or gaskets on closure devices, caps, or other closure devices. If the storage vessel is partially or entirely buried, you must inspect only those portions of the cover that extend to or above the ground surface, and those connections that are on such portions of the cover (e.g., fill ports, access hatches, gauge wells) and can be opened to the atmosphere. The inspector should note whether there are signs of oil releases around storage vessel thief hatches, seals and pressure relief valves (e.g., staining on the storage vessel), which may indicate over-pressure events that occurred when the storage vessel was being filled. Any defects ide… | ||||
| 40:40:1.0.1.2.36.11.217.23 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4183 Recordkeeping requirements. | EPA | (a) Each owner or operator of an oil and natural gas source as identified in § 49.4169(b) must maintain the following records, as applicable: (1) Monthly calculations, as specified in § 49.4173(c)(2), demonstrating that the uncontrolled actual VOC emissions from the collection of all storage vessels, glycol dehydrators, and pneumatic pumps at an oil and natural gas source, as identified in § 49.4169(b), have been maintained at less than 4 tpy; (2) Records of monthly and rolling 12-month crude oil, condensate, intermediate hydrocarbon liquids, produced water or natural gas throughput; (3) For each emergency storage vessel that is exempted from the control requirements of § 49.4173(b)(2), records of usage including: (i) The date the vessel received fluids; (ii) The volume of fluids received in barrels; (iii) The date the overflow vessel was emptied; and (iv) The volume of fluids emptied in barrels. (4) Identification of each storage vessel that is removed from service or returned to service as specified in § 49.4173(b)(3), including the date the storage vessel was removed from service or returned to service. (5) For storage vessels that are skid-mounted or permanently attached to something that is mobile (such as trucks, railcars, barges or ships), records indicating the number of consecutive days that the vessel is located at an oil and natural gas source. If a storage vessel is removed from an oil and natural gas source and, within 30 days, is either returned to the source or replaced by another storage vessel at the source to serve the same or similar function, then the entire period since the original storage vessel was first located at the source, including the days when the storage vessel was removed, must be added to the count of the number of consecutive days. (6) For each enclosed combustor or flare at an oil and natural gas source required under §§ 49.4173 through 49.4177: (i) Manufacturer-written, site-specific designs, operating instructions, operating procedures and maintenance schedules, in… | ||||
| 40:40:1.0.1.2.36.11.217.24 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4184 Notification and reporting requirements. | EPA | (a) Unless otherwise specified, each owner or operator must submit any documents required under this rule to: U.S. EPA Region 8, Enforcement and Compliance Assurance Division, Air and Toxics Enforcement Branch, 8ENF-AT, 1595 Wynkoop St., Denver, CO 80202, or documents may be submitted electronically to r8airreportenforcement@epa.gov and/or to the EPA's Compliance and Emissions Data Reporting Interface (CEDRI). Information on CEDRI is available at https://www.epa.gov/electronic-reporting-air-emissions/cedri; CEDRI can be accessed directly through the EPA's Central Data Exchange (CDX) at https://cdx.epa.gov/. The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as confidential business information (CBI). Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, you must submit a complete file, including the information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage media to the EPA, and the electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same information, with the CBI omitted, must be submitted to the EPA via r8airreportenforcement@epa.gov or the EPA's CDX as described earlier in this paragraph. All claims of CBI must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. (b) Each owner and operator of an affected oil and natural gas source as identified in § 49.4169(b) must submit an annual report containing the information specified in paragraphs (b)(1) through (3) of thi… | ||||
| 40:40:1.0.1.2.36.11.217.25 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | §§ 49.4185-49.4199 [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.11.217.9 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4169 Introduction. | EPA | (a) What is the purpose of §§ 49.4169 through 49.4184? Sections 49.4169 through 49.4184 establish legally and practicably enforceable requirements for oil and natural gas sources on Indian country lands within the Uintah and Ouray Indian Reservation (U&O Reservation) to address ozone air quality. Section 49.4170 establishes provisions for delegation of authority to allow the Ute Indian Tribe to assist the EPA with administration of this Federal Implementation Plan (U&O FIP). Section 49.4171 contains general provisions and definitions applicable to oil and natural gas sources. Sections 49.4173 through 49.4184 establish legally and practicably enforceable requirements to control and reduce VOC emissions from oil and natural gas well production and storage operations, natural gas processing, and gathering and boosting operations at oil and natural gas sources that are located on Indian country lands within the U&O Reservation. (b) Am I subject to §§ 49.4169 through 49.4184? Sections 49.4169 through 49.4184, as appropriate, apply to each owner or operator of an oil and natural gas source (as defined at 40 CFR 49.102) located on Indian country lands within the U&O Reservation that has equipment or activities that meet the applicability thresholds specified in each section. Generally, the equipment and activities at oil and natural gas sources that are already subject to and in compliance with VOC emission control requirements under another EPA standard or other federally enforceable requirement, as specified in each appropriate subsection later, are considered to be in compliance with the requirements to control VOC emissions from that same equipment under this U&O FIP. (c) When must I comply with §§ 49.4169 through 49.4184? For oil and natural gas sources that commence construction before February 6, 2023, compliance with §§ 49.4169 through 49.4171 and §§ 49.4173 through 49.4184, as applicable, is required no later than February 6, 2024. You may submit a written request to the EPA for an extension of the comp… | ||||
| 40:40:1.0.1.2.36.11.218.26 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | § 49.4200 Identification of plan. | EPA | [87 FR 7722, Feb. 10, 2022] | (a) Purpose and scope. This section contains the approved implementation plan for the Northern Cheyenne Tribe, submitted to EPA on September 25, 2017. The plan consists of programs and procedures that cover general and emergency authorities, ambient air quality standards, permitting requirements for open burning, general prohibitory rules, open burning limitations, enforcement authorities, and procedures for administrative appeals and judicial review in Tribal court. (b) Incorporation by reference. (1) Material listed in paragraph (c) of this section was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register . (2) EPA Region 8 certifies that the rules/regulations provided by EPA in the TIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated tribal rules/regulations which have been approved as part of the Tribal Implementation Plan. (3) Copies of the materials incorporated by reference may be inspected at the Region 8 Office of EPA at 1595 Wynkoop Street, Denver, CO 80202 or call 303-312-6002; the U.S. Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket and Information Center, MC 2822T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 or call 202-566-1742; and the National Archives and Records Administration. For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. Copies of the Northern Cheyenne TIP regulations we have approved are also available at http://www.epa.gov/region8/air/sip.html. (c) EPA-approved regulations. Table 1 to Paragraph ( c ) | |||
| 40:40:1.0.1.2.36.11.218.27 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | K | Subpart K—Implementation Plans for Tribes—Region VIII | §§ 49.4201-49.5510 [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.12.219.1 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | L | Subpart L—Implementation Plans for Tribes—Region IX | § 49.5511 Identification of plan. | EPA | [76 FR 17030, Mar. 28, 2011] | (a) Purpose and scope. This section contains the approved implementation plan for the Gila River Indian Community dated August 2008. The plan consists of programs and procedures that cover general and emergency authorities, ambient air quality standards, permitting requirements for minor sources of air pollution, enforcement authorities, procedures for administrative appeals and judicial review in Tribal court, requirements for area sources of fugitive dust and fugitive particulate matter, general prohibitory rules, and source category-specific emission limitations and standards. (b) Incorporation by reference. (1) Material listed in paragraph (c) of this section was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. (2) EPA Region IX certifies that the rules/regulations provided by EPA in the TIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated tribal rules/regulations which have been approved as part of the Tribal Implementation Plan as of January 19, 2011. (3) Copies of the materials incorporated by reference may be inspected at the Region IX Office of EPA at 75 Hawthorne Street, San Francisco, CA 94105-3901 or call 415-947-4192; the U.S. Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket and Information Center, MC 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 or call 202-566-1742; and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA-approved regulations. EPA-Approved Gila River Indian Community Tribal Regulations (d) Nonregulatory. | |||
| 40:40:1.0.1.2.36.12.220.2 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | L | Subpart L—Implementation Plans for Tribes—Region IX | § 49.5512 Federal Implementation Plan Provisions for Four Corners Power Plant, Navajo Nation. | EPA | [72 FR 25705, May 7, 2007. Redesignated at 76 FR 23879, Apr. 29, 2011; 77 FR 51647, Aug. 24, 2012; 78 FR 60704, Oct. 2, 2013] | (a) Applicability. The provisions of this section shall apply to each owner or operator of the coal burning equipment designated as Units 1, 2, 3, 4, and 5 at the Four Corners Power Plant (the Plant) on the Navajo Nation Indian Reservation located in the Four Corners Interstate Air Quality Control Region (see 40 CFR 81.121). (b) Compliance Dates. Compliance with the requirements of this section is required upon the effective date of this rule unless otherwise indicated by compliance dates contained in specific provisions. (c) Definitions. For the purposes of this section: (1) Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding. (2) Air pollution control equipment includes baghouses, particulate or gaseous scrubbers, and any other apparatus utilized to control emissions of regulated air contaminants which would be emitted to the atmosphere. (3) Business Day. Business day means a normal working day, excluding weekends and Federal Holidays. (4) Daily average means the arithmetic average of the hourly values measured in a 24-hour period. (5) Excess emissions means the emissions of air contaminants in excess of an applicable emissions limitation or requirement. (6) Heat input means heat derived from combustion of fuel in a Unit and does not include the heat input from preheated combustion air, recirculated flue gases, or exhaust gases from other sources. Heat input shall be in accordance with 40 CFR part 75. (7) Malfunction means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered m… | |||
| 40:40:1.0.1.2.36.12.220.3 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | L | Subpart L—Implementation Plans for Tribes—Region IX | § 49.5513 [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.12.221.4 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | L | Subpart L—Implementation Plans for Tribes—Region IX | § 49.5514 EPA-approved Tribal rules and plans. | EPA | [80 FR 18130, Apr. 3, 2015] | (a) Purpose and scope. This section contains the approved implementation plan for the Pechanga Band of Luiseño Mission Indians of the Pechanga Reservation dated May 2014. The plan consists of a redesignation request, a demonstration of maintenance of the 1997 8-hour ozone national ambient air quality standard, and related commitments to continue monitoring and to implement contingency provisions in the event of a monitored violation of the standard. (b)-(c) [Reserved] (d) EPA-approved nonregulatory provisions and quasi-regulatory measures. EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures for the Pechanga Band of Luiseño Mission Indians of the Pechanga Reservation | |||
| 40:40:1.0.1.2.36.12.222.5 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | L | Subpart L—Implementation Plans for Tribes—Region IX | § 49.5515 Federal implementation plan for Tri-Cities landfill, Salt River Pima-Maricopa Indian Community. | EPA | [64 FR 65663, Nov. 23, 1999. Redesignated at 83 FR 13191, Mar. 28, 2018] | (a) Applicability. This section applies to the owner or operator of the project located on the Reservation of the Salt River Pima Maricopa Indian Community (SRPMIC) in Arizona, including any new owner or operator in the event of a change in ownership of the project. (b) Definitions. The following definitions apply to this section. Except as specifically defined herein, terms used in this section retain the meaning accorded them under the Clean Air Act. Actual emissions means the actual rate of emissions of a pollutant from an emissions unit as determined in paragraphs (1)-(3) of this definition: (1) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. EPA shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (2) EPA may presume that the source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit. (3) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. Begin actual construction means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other than preparatory activities which mark the initiation of the change. Building, structure, facility, or installation … | |||
| 40:40:1.0.1.2.36.12.222.6 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | L | Subpart L—Implementation Plans for Tribes—Region IX | §§ 49.5516-49.9860 [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.223.1 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9861 Identification of plan. | EPA | This section and §§ 49.9862 through 49.9890 contain the implementation plan for the Burns Paiute Tribe of the Burns Paiute Indian Colony. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Reservation of the Burns Paiute Indian Colony. | ||||
| 40:40:1.0.1.2.36.13.223.10 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9870 Federally-promulgated regulations and Federal implementation plans. | EPA | The following regulations are incorporated and made part of the implementation plan for the Reservation of the Burns Paiute Indian Colony: (a) Section 49.123 General provisions. (b) Section 49.124 Rule for limiting visible emissions. (c) Section 49.125 Rule for limiting the emissions of particulate matter. (d) Section 49.126 Rule for limiting fugitive particulate matter emissions. (e) Section 49.129 Rule for limiting emissions of sulfur dioxide. (f) Section 49.130 Rule for limiting sulfur in fuels. (g) Section 49.131 General rule for open burning. (h) Section 49.135 Rule for emissions detrimental to public health or welfare. (i) Section 49.137 Rule for air pollution episodes. (j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. (k) Section 49.139 Rule for non-Title V operating permits. | ||||
| 40:40:1.0.1.2.36.13.223.11 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | §§ 49.9871-49.9890 [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.223.2 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9862 Approval status. | EPA | There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Reservation of the Burns Paiute Indian Colony. | ||||
| 40:40:1.0.1.2.36.13.223.3 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9863 Legal authority. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.223.4 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9864 Source surveillance. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.223.5 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9865 Classification of regions for episode plans. | EPA | The air quality control region which encompasses the Reservation of the Burns Paiute Indian Colony is classified as follows for purposes of episode plans: | ||||
| 40:40:1.0.1.2.36.13.223.6 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9866 Contents of implementation plan. | EPA | The implementation plan for the Reservation of the Burns Paiute Indian Colony consists of the following rules, regulations, and measures: (a) Section 49.123 General provisions. (b) Section 49.124 Rule for limiting visible emissions. (c) Section 49.125 Rule for limiting the emissions of particulate matter. (d) Section 49.126 Rule for limiting fugitive particulate matter emissions. (e) Section 49.129 Rule for limiting emissions of sulfur dioxide. (f) Section 49.130 Rule for limiting sulfur in fuels. (g) Section 49.131 General rule for open burning. (h) Section 49.135 Rule for emissions detrimental to public health or welfare. (i) Section 49.137 Rule for air pollution episodes. (j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. (k) Section 49.139 Rule for non-Title V operating permits. | ||||
| 40:40:1.0.1.2.36.13.223.7 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9867 EPA-approved Tribal rules and plans. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.223.8 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9868 Permits to construct. | EPA | Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21. | ||||
| 40:40:1.0.1.2.36.13.223.9 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9869 Permits to operate. | EPA | Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. | ||||
| 40:40:1.0.1.2.36.13.224.12 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9891 Identification of plan. | EPA | This section and §§ 49.9892 through 49.9920 contain the implementation plan for the Confederated Tribes of the Chehalis Reservation. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Chehalis Reservation. | ||||
| 40:40:1.0.1.2.36.13.224.13 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9892 Approval status. | EPA | There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Chehalis Reservation. | ||||
| 40:40:1.0.1.2.36.13.224.14 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9893 Legal authority. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.224.15 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9894 Source surveillance. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.224.16 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9895 Classification of regions for episode plans. | EPA | The air quality control region which encompasses the Chehalis Reservation is classified as follows for purposes of episode plans: | ||||
| 40:40:1.0.1.2.36.13.224.17 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9896 Contents of implementation plan. | EPA | The implementation plan for the Chehalis Reservation consists of the following rules, regulations, and measures: (a) Section 49.123 General provisions. (b) Section 49.124 Rule for limiting visible emissions. (c) Section 49.125 Rule for limiting the emissions of particulate matter. (d) Section 49.126 Rule for limiting fugitive particulate matter emissions. (e) Section 49.129 Rule for limiting emissions of sulfur dioxide. (f) Section 49.130 Rule for limiting sulfur in fuels. (g) Section 49.131 General rule for open burning. (h) Section 49.135 Rule for emissions detrimental to public health or welfare. (i) Section 49.137 Rule for air pollution episodes. (j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. (k) Section 49.139 Rule for non-Title V operating permits. | ||||
| 40:40:1.0.1.2.36.13.224.18 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9897 EPA-approved Tribal rules and plans. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.224.19 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9898 Permits to construct. | EPA | Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21. | ||||
| 40:40:1.0.1.2.36.13.224.20 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9899 Permits to operate. | EPA | Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. | ||||
| 40:40:1.0.1.2.36.13.224.21 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9900 Federally-promulgated regulations and Federal implementation plans. | EPA | The following regulations are incorporated and made part of the implementation plan for the Chehalis Reservation: (a) Section 49.123 General provisions. (b) Section 49.124 Rule for limiting visible emissions. (c) Section 49.125 Rule for limiting the emissions of particulate matter. (d) Section 49.126 Rule for limiting fugitive particulate matter emissions. (e) Section 49.129 Rule for limiting emissions of sulfur dioxide. (f) Section 49.130 Rule for limiting sulfur in fuels. (g) Section 49.131 General rule for open burning. (h) Section 49.135 Rule for emissions detrimental to public health or welfare. (i) Section 49.137 Rule for air pollution episodes. (j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. (k) Section 49.139 Rule for non-Title V operating permits. | ||||
| 40:40:1.0.1.2.36.13.224.22 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | §§ 49.9901-49.9920 [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.225.23 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9921 Identification of plan. | EPA | This section and §§ 49.9922 through 49.9950 contain the implementation plan for the Coeur D'Alene Tribe of the Coeur D'Alene Reservation. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Coeur D'Alene Reservation. | ||||
| 40:40:1.0.1.2.36.13.225.24 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9922 Approval status. | EPA | There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Coeur D'Alene Reservation. | ||||
| 40:40:1.0.1.2.36.13.225.25 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9923 Legal authority. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.225.26 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9924 Source surveillance. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.225.27 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9925 Classification of regions for episode plans. | EPA | The air quality control region which encompasses the Coeur D'Alene Reservation is classified as follows for purposes of episode plans: | ||||
| 40:40:1.0.1.2.36.13.225.28 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9926 Contents of implementation plan. | EPA | The implementation plan for the Coeur D'Alene Reservation consists of the following rules, regulations, and measures: (a) Section 49.123 General provisions. (b) Section 49.124 Rule for limiting visible emissions. (c) Section 49.125 Rule for limiting the emissions of particulate matter. (d) Section 49.126 Rule for limiting fugitive particulate matter emissions. (e) Section 49.129 Rule for limiting emissions of sulfur dioxide. (f) Section 49.130 Rule for limiting sulfur in fuels. (g) Section 49.131 General rule for open burning. (h) Section 49.135 Rule for emissions detrimental to public health or welfare. (i) Section 49.137 Rule for air pollution episodes. (j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. (k) Section 49.139 Rule for non-Title V operating permits. | ||||
| 40:40:1.0.1.2.36.13.225.29 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9927 EPA-approved Tribal rules and plans. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.225.30 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9928 Permits to construct. | EPA | Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21. | ||||
| 40:40:1.0.1.2.36.13.225.31 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9929 Permits to operate. | EPA | Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. | ||||
| 40:40:1.0.1.2.36.13.225.32 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9930 Federally-promulgated regulations and Federal implementation plans. | EPA | [70 FR 18111, Apr. 8, 2005, as amended at 73 FR 61742, Oct. 17, 2008] | The following regulations are incorporated and made part of the implementation plan for the Coeur D'Alene Reservation: (a) Section 49.123 General provisions. (b) Section 49.124 Rule for limiting visible emissions. (c) Section 49.125 Rule for limiting the emissions of particulate matter. (d) Section 49.126 Rule for limiting fugitive particulate matter emissions. (e) Section 49.129 Rule for limiting emissions of sulfur dioxide. (f) Section 49.130 Rule for limiting sulfur in fuels. (g) Section 49.131 General rule for open burning. (h) Section 49.135 Rule for emissions detrimental to public health or welfare. (i) Section 49.137 Rule for air pollution episodes. (j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. (k) Section 49.139 Rule for non-Title V operating permits. EPA entered into a Partial Delegation of Administrative Authority with the Coeur d'Alene Tribe on August 26, 2008 for the rules listed in paragraphs (b), (g), and (i) of this section. | |||
| 40:40:1.0.1.2.36.13.225.33 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | §§ 49.9931-49.9950 [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.226.34 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9951 Identification of plan. | EPA | This section and §§ 49.9952 through 49.9980 contain the implementation plan for the Confederated Tribes of the Colville Reservation. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Colville Reservation. | ||||
| 40:40:1.0.1.2.36.13.226.35 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9952 Approval status. | EPA | There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Colville Reservation. | ||||
| 40:40:1.0.1.2.36.13.226.36 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9953 Legal authority. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.226.37 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9954 Source surveillance. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.226.38 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9955 Classification of regions for episode plans. | EPA | The air quality control region which encompasses the Colville Reservation is classified as follows for purposes of episode plans: | ||||
| 40:40:1.0.1.2.36.13.226.39 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9956 Contents of implementation plan. | EPA | The implementation plan for the Colville Reservation consists of the following rules, regulations, and measures: (a) Section 49.123 General provisions. (b) Section 49.124 Rule for limiting visible emissions. (c) Section 49.125 Rule for limiting the emissions of particulate matter. (d) Section 49.126 Rule for limiting fugitive particulate matter emissions. (e) Section 49.127 Rule for woodwaste burners. (f) Section 49.128 Rule for limiting particulate matter emissions from wood products industry sources. (g) Section 49.129 Rule for limiting emissions of sulfur dioxides. (h) Section 49.130 Rule for limiting sulfur in fuels. (i) Section 49.131 General rule for open burning. (j) Section 49.135 Rule for emissions detrimental to public health or welfare. (k) Section 49.137 Rule for air pollution episodes. (l) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. (m) Section 49.139 Rule for non-Title V operating permits. | ||||
| 40:40:1.0.1.2.36.13.226.40 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9957 EPA-approved Tribal rules and plans. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.226.41 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9958 Permits to construct. | EPA | Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21. | ||||
| 40:40:1.0.1.2.36.13.226.42 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9959 Permits to operate. | EPA | Permits to operate are required for sources not subject to 40 CFR part 71 in accordance with the requirements of § 49.139. | ||||
| 40:40:1.0.1.2.36.13.226.43 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9960 Federally-promulgated regulations and Federal implementation plans. | EPA | [70 FR 18111, Apr. 8, 2005, as amended at 81 FR 12826, Mar. 11, 2016] | The following regulations are incorporated and made part of the implementation plan for the Colville Reservation: (a) Section 49.123 General provisions. (b) Section 49.124 Rule for limiting visible emissions. (c) Section 49.125 Rule for limiting the emissions of particulate matter. (d) Section 49.126 Rule for limiting fugitive particulate matter emissions. (e) Section 49.127 Rule for woodwaste burners. (f) Section 49.128 Rule for limiting particulate matter emissions from wood products industry sources. (g) Section 49.129 Rule for limiting emissions of sulfur dioxide. (h) Section 49.130 Rule for limiting sulfur in fuels. (i) Section 49.131 General rule for open burning. (j) Section 49.135 Rule for emissions detrimental to public health or welfare. (k) Section 49.137 Rule for air pollution episodes. (l) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. (m) Section 49.139 Rule for non-Title V operating permits. The EPA entered into a Partial Delegation of Administrative Authority with the Confederated Tribes of the Colville Reservation on October 26, 2015 for the rules listed in paragraphs (b), (i), and (k) of this section. | |||
| 40:40:1.0.1.2.36.13.226.44 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | §§ 49.9961-49.9980 [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.227.45 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9981 Identification of plan. | EPA | This section and §§ 49.9982 through 49.10010 contain the implementation plan for the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians. This plan consists of a combination of Tribal rules and measures and Federal regulations and measures which apply within the Reservation of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians. | ||||
| 40:40:1.0.1.2.36.13.227.46 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9982 Approval status. | EPA | There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Reservation of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians. | ||||
| 40:40:1.0.1.2.36.13.227.47 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9983 Legal authority. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.227.48 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9984 Source surveillance. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.227.49 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9985 Classification of regions for episode plans. | EPA | The air quality control region which encompasses the Reservation of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians is classified as follows for purposes of episode plans: | ||||
| 40:40:1.0.1.2.36.13.227.50 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9986 Contents of implementation plan. | EPA | The implementation plan for the Reservation of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians consists of the following rules, regulations, and measures: (a) Section 49.123 General provisions. (b) Section 49.124 Rule for limiting visible emissions. (c) Section 49.125 Rule for limiting the emissions of particulate matter. (d) Section 49.126 Rule for limiting fugitive particulate matter emissions. (e) Section 49.129 Rule for limiting emissions of sulfur dioxide. (f) Section 49.130 Rule for limiting sulfur in fuels. (g) Section 49.131 General rule for open burning. (h) Section 49.135 Rule for emissions detrimental to public health or welfare. (i) Section 49.137 Rule for air pollution episodes. (j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. (k) Section 49.139 Rule for non-Title V operating permits. | ||||
| 40:40:1.0.1.2.36.13.227.51 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9987 EPA-approved Tribal rules and plans. [Reserved] | EPA | |||||
| 40:40:1.0.1.2.36.13.227.52 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9988 Permits to construct. | EPA | Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21. | ||||
| 40:40:1.0.1.2.36.13.227.53 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9989 Permits to operate. | EPA | Permits to operate are required for sources not subject to 40 CFR Part 71 in accordance with the requirements of § 49.139. | ||||
| 40:40:1.0.1.2.36.13.227.54 | 40 | Protection of Environment | I | B | 49 | PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT | M | Subpart M—Implementation Plans for Tribes—Region X | § 49.9990 Federally-promulgated regulations and Federal implementation plans. | EPA | The following regulations are incorporated and made part of the implementation plan for the Reservation of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians: (a) Section 49.123 General provisions. (b) Section 49.124 Rule for limiting visible emissions. (c) Section 49.125 Rule for limiting the emissions of particulate matter. (d) Section 49.126 Rule for limiting fugitive particulate matter emissions. (e) Section 49.129 Rule for limiting emissions of sulfur dioxide. (f) Section 49.130 Rule for limiting sulfur in fuels. (g) Section 49.131 General rule for open burning. (h) Section 49.135 Rule for emissions detrimental to public health or welfare. (i) Section 49.137 Rule for air pollution episodes. (j) Section 49.138 Rule for the registration of air pollution sources and the reporting of emissions. (k) Section 49.139 Rule for non-Title V operating permits. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);