Section ENV.05.06 — Commission To Promulgate Air Emission Control Regulations

(a) As promptly as possible, the Commission shall adopt and promulgate emission control regulations which require the use of effective practical air pollution controls for each significant source, potential source, and type of source of air contamination throughout the entire reservation and thereafter may modify such regulations from time to time. In the formulation of each emission control regulation, the Commission shall take into consideration the following:

(1) The tribal policy regarding air pollution, as set forth in Section ENV.05.01 ;

(2) Federal recommendations:

(3) The degree to which the concentrations of certain types of contaminants in certain portions of the reservation require that emission control regulations be more stringent than in other portions of the reservation;

(4) The degree to which any particular types of emission is subject to treatment, the availability and feasibility of control, techniques, and the extent to which the emission to be controlled is significant;

(5) The continuous, intermittent, or seasonal nature of the emission to be controlled;

(6) Whether the emission control regulation should be applied throughout the entire reservation or only in a specified portion of the reservation; and

(7) The need for specification of safety precautions that should be taken with respect to any source or potential source or type of source of air contamination.

(b) Such emission control regulations may include, but shall not be limited to, regulations pertaining to:

(1) Visible pollutants;

(2) Particulates;

(3) Sulfur oxides, sulfuric acids, hydrogen sulfide, nitrogen oxides, carbon oxides, hydrocarbons, fluorides, and any other chemical substances;

(4) Odors;

(5) Open burning of incidental refuse, open burning at dumps, open burning for agricultural purposes, open burning of junk automobiles, and any other open burning activity;

(6) Organic solvents;

(7) Photochemical substances; and

(8) Toxic gases.

(c) The Commission has the duty to identify each type of facility, process, and activity which produces or which potentially or accidentally might produce significant emission of air contaminants and shall promulgate an emission control regulation for each such facility, process, and activity, except for motor vehicles and airplanes to the extent prohibited by federal law. The requirements and prohibitions contained in such regulations shall be set forth with as much particularity and clarity as is practical. Upon adoption of an emission control regulation under this subsection (c) for the control of a specific facility, process, or activity, such regulation shall apply to the exclusion of other emission control regulations adopted pursuant to subsection (b) of this Section; prior to such adoption, the general regulations adopted pursuant to subsection (b) of this Section shall be applicable to such facility, process, or activity. Emission control regulations adopted pursuant to this Section may include, but shall not be limited to, regulations pertaining to the following facilities, processes, and activities:

(1) Incinerator and incinerator design;

(2) Storage and transfer of petroleum products and any other volatile substance;

(3) Activities which frequently result in particulate matter becoming airborne, such as construction and demolition operations and operation of parking lots;

(4) Specifications, prohibitions, and requirements pertaining to fuels and fuel additives, such as tetraethyl lead;

(5) Wigwam waste burners, pulp mills, alfalfa dehydrators, asphalt plants, and any other industrial or commercial activity which tends to emit air contaminants as a by-product;

(6) Industrial process equipment;

(7) Industrial spraying operations; or

(8) Storage and transfer of toxic gases.

(d) Among its emission control regulations, the Commission shall include appropriate regulations pertaining to accidents, shutdowns, and other conditions which justify temporary relief from controls.

(e) Each emission control regulation shall be operative with regard to any ambient air quality standard unless such regulation expressly provides otherwise.