Rule for Forestry and Silvicultural Burning Permits (40 Code of Federal Regulations Part 49 Section 134) Fact Sheet


United States Environmental Protection Agency Region 10	April 2005
Fact Sheet
Rule for Forestry and Silvicultural Burning Permits
(40 Code of Federal Regulations Part 49 Section 134)
Federal Air Rules for Indian Reservations
in Idaho, Oregon, and Washington
What is the FARR? The Federal Air Rules for
Indian Reservations in Idaho, Oregon, and
Washington, also called the FARR, is a set of air
quality regulations established under the Clean
Air Act. The FARR creates rules to manage
activities that cause air pollution.
The FARR applies to all residents (both tribal
members and non-tribal members) and
businesses located within the exterior boundaries
of reservations in Idaho, Oregon, and
Washington. The ownership status of land on the
reservation does not affect how the rules apply.
What will the FARR do? The FARR will protect
human health and the environment for 200,000
people on reservations in the Pacific Northwest.
The FARR will also:
•	Establish federal air quality rules where EPA-
approved state or tribal air quality programs do
not exist
•	Make air quality standards on reservations
consistent with standards off of reservations
•	Build capacity for tribes to develop tribal air
programs.
Fact Sheet Series
The FARR includes 16 rules that address various
air quality issues:
49.122 Partial Delegation of Administrative
Authority to a Tribe
49.124	Visible Emissions
49.125	Particulate Matter
49.126	Fugitive Particulate Matter
49.127	Woodwaste Burners
49.128	Particulate Matter Emissions from Wood
Products Industry Sources
49.129	Sulfur Dioxide
49.130	Sulfur Content of Fuels
49.131	Open Burning
49.132	General Open Burning Permits
49.133	Agricultural Burning Permits
49.134	Forestry and Silvicultural Burning Permits
49.135	Emissions Detrimental to Public Health
or Welfare
49.136	[Reserved]
49.137	Air Pollution Episodes
49.138	Registration of Air Pollution Sources and
Report of Emissions
49.139	Rule for Non-Title V Operating Permits
What is the purpose of this rule?
The Rule for Forestry and Silvicultural Burning Permits sets up a
permit program for forestry and silvicultural burning on the Nez Perce
Indian Reservation and on the Umatilla Indian Reservation. People on
these reservations who want to perform forestry and silvicultural burning
will need to get a permit. Forestry and silvicultural burning is the burning
of vegetation that comes from the growing and harvesting of trees and
timber. This type of burning includes slash burning, burning for reducing
fire hazards, and burning for managing the forest environment. Burning
may also be performed to prevent disease, to control pests, and for forest
reproduction.
Why is this rule important?
Forestry and Silvicultural burning is a form of open burning. Open
burning releases many toxic chemicals into the air, including dioxins.
Dioxins can cause many health problems, such as cancer. Smoke from
open burning also contains pollutants such as particulate matter, sulfur
dioxide, lead, and mercury. These pollutants can increase cases of
asthma, emphysema, and other respiratory diseases. The EPA's goal is to
reduce this kind of air pollution by eliminating forestry and silvicultural
burning where other methods are available and practical. If other
methods are not available, the EPA encourages using burning methods
that have the least impact on human health and the environment.
Using permits for forestry and silvicultural burning on the Nez Perce
Indian Reservation and the Umatilla Indian Reservation will allow the
EPA to manage air quality on these reservations more effectively.
To whom does this rule apply?
This rule is for the Nez Perce Indian Reservation and the Umatilla
Indian Reservation only. The EPA has been working with these tribes to
manage burning through intergovernmental agreements. Because of this
experience, the EPA decided to set up forestry and silvicultural burning
permit programs on these reservations before considering programs on
other reservations. Therefore, the Rule for Forestry and Silvicultural
Burning Permits applies to anyone who conducts forestry and
silvicultural burning within the Nez Perce Indian Reservation and within
the Umatilla Indian Reservation.

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Fact Sheet-Rule for Forestry and Silvicultural Burning Permits
Page 2
What are the requirements of this rule?
Anyone conducting forestry and silvicultural burning
must first get a permit. This rule describes the
requirements for applying for the permit and getting
approval for the permit. People on the Nez Perce
Reservation must get permits starting on June 7, 2005.
People on the Umatilla Indian Reservation must get
permits starting on January 1, 2007. There will be specific
instruction sheets and permit applications available for
each of the affected reservations.
To get a forestry and silvicultural burning permit, a
permit application must be completed and submitted to the
EPA. On the day of the burn, approval of the permit must
be obtained. At that time, the permit will be issued.
The application will ask for the following
information:
•	Street address or legal description of the property
where the burning will take place.
•	Name, mailing address, and telephone number of the
person who will be responsible for the forestry and
silvicultural burning.
•	A map or plan showing the location of the burn and
property lines. Distances and directions to the nearest
residential, public, and commercial properties; roads;
and other areas that could be affected by the forestry
and silvicultural burning must be shown.
•	A list of the type and amount of forestry and
silvicultural material to be burned. An estimate of the
area over which the burn will take place must also be
included.
•	A description of the burning methods to be used and
the amount of material to be burned using each
method. (For example, 2 tons to be burned using a
stack burn and 100 acres to be burned using an
understory burn.)
•	The desired date or dates of the forestry and
silvicultural burn.
•	Any other information requested on the application.
Several factors will be considered before the
application is approved. The forestry and silvicultural
burning must comply with the General Rule for Open
Burning. (See separate fact sheet for more information on
this rule.) Other factors that will be considered include the
size and location of the burn; how long the burn will last;
expected air quality conditions; expected weather
conditions; and whether other burns are scheduled in the
area.
If the application is approved, the EPA will issue a
permit. On the day of the forestry or silvicultural burn, the
EPA will approve the permit for burning, and the burning
will be allowed. The permit will include specific
conditions for the forestry or silvicultural burn, and the
burn must be carried out according to the conditions listed
in the permit. The requirements of the FARR General Rule
for Open Burning will also apply. The permit must be
available on-site during the burning.
When does this rule take effect?
This rule is effective June 7, 2005. The final rule was
published in the Federal Register on April 8, 2005 (67 FR
18074).
Where can the public get more information
about this rule?
The final rule is available at the EPA Region 10
FARR website www.epa.gov/rlOearth/FARR.htm. The
FARR website provides additional background
information on the rule and implementation of the FARR.
The FARR Hotline is available at 1-800-424-4EPA to
provide information, permit forms and respond to
questions.
• A description of how burns will be prevented from
escaping. The availability of water and the use of
firebreaks must be described.

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