# Form Approved OMB 2060-0558 Approval Expires 11/30/2026 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Anez_perce%3Ac0c75c6d3fa0ac71 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Form Approved OMB 2060-0558 Approval Expires 11/30/2026 Nez Perce Tribe ERWM - Air Quality Program P. O. Box 365, 163 Lolo Street Lapwai, ID 83540 Phone: 208-843-9381; 800-720-4089 Fax: 208-843-7411 www.nezperce.org airquality@nezperce.org United States Environmental Protection Agency Federal Air Rules for Reservations Region 10, ARD 1200 6th Ave, Ste. 155 Mail Code 15-H13 Seattle, WA 98101-3188 Hotline: 800-424-4EPA www.epa.gov/FARR NEZ PERCE RESERVATION AIR QUALITY PERMIT: FORESTRY BURN INSTRUCTIONS, TERMS & CONDITIONS A forestry burn is the burning of vegetative debris from a forestry or silvicultural activity that is necessary for disease or pest control, reduction of fire hazard, reforestation or ecosystem management. Agricultural, small and large open burns require a different permit. Firefighter trainings require a large open burn permit. Permit applicants are responsible for following all instructions, terms and conditions regarding forestry burning within the exterior boundaries of the 1863 Nez Perce Reservation. After sending in the Air Quality Permit Application (pages 3-4) and receiving approval to burn, THIS SIGNED SHEET IS YOUR PERMIT (pages 1-2). Keep it available and provide it upon request to the Nez Perce Tribe or U.S. EPA inspectors. 40 CFR 49.134 Forestry and Silvicultural Burning Permits Applicant Name Applicant Signature INSTRUCTIONS Step 1. Complete permit application, pages 3-4. Step 2. Submit completed permit application to the Nez Perce Tribe (NPT) Air Quality Program at least one business day prior to the proposed burn date. Nez Perce Reservation Forestry Burn Permits cost $0 per permit. Fees must be paid to the NPT Air Quality Program prior to burning. Step 3. Call 208-843-9381 or 800-720-4089 to request to burn no later than 2:00 PM at least one business day prior to the day of the desired burn. Applicants should leave a message providing the following information: a. Name and phone number b. Burn name(s) or number(s) c. Date of requested burn d. Duration of burn if longer than one day e. Type and size of burn (Forestry burn & number of acres or piles) f. Special considerations, if any (canyon rim, near highway, near a town) NOTE: Calling by 2:00 PM does not guarantee a next day burn approval. Step 4. Applicants must call 208-843-9381 or 800-720-4089 between 3:30 PM and 4:30 PM the day prior to the desired burn or between 9:00 AM and 10:00 AM the day of the desired burn to find out if they have been approved. Burners must speak directly to an Air Quality staff person and receive approval prior to conducting the burn. If you leave a message, your call will be returned. Approvals given the day before the desired burn are considered preliminary and are subject to Step 5. Burn approvals will consider: a. The current and projected air quality conditions b. Proximity to sensitive areas (near towns, schools, roads, canyons rims) c. The order of burn requests received from applicants (“first come, first served” basis) d. Applicant’s record of compliance e. Other relevant factors Step 5. If the preliminary burn decision changes due to poor air quality and/or updated forecast information, the NPT Air Quality Program will call applicant by 9:00 AM the day of the burn. Step 6. As a condition of this permit, within 24 hours after the burn, you must contact the NPT Air Quality Program with your post burn report. You should provide the following information: a. Name b. Date of the burn c. Start and end times of the burn d. The size of any remaining unburned material (if the burn was not completed) EPA Form 7630-2 THIS IS YOUR PERMIT: Keep Available While Burning pg 1 of 4 Approved Form OMB 2060-0558 Approval Expires 11/30/2026 TERMS AND CONDITIONS 1. This permit is part of a federal air quality program administered by the Nez Perce Tribe to control emissions of air pollutants and manage smoke for air quality purposes. These rules apply to any person within the exterior boundaries of the 1863 Nez Perce Indian Reservation. 2. Smoke impacts on public roads, schools, daycares, medical facilities, elder homes and other sensitive people or areas must be prevented as a condition of this permit. Applicants must have flaggers stationed for burns that could potentially impact roadways. 3. Applicants must be reachable by phone or other means of communication during the burn. If needed, the NPT or EP A will notify the applicant to discontinue lighting immediately. NOTE: The NPT Air Quality Program considers the following factors in the decision to shut down burning: a. Wind speed, direction, or sudden shifts b. Extended or high levels of smoke in the area c. Proximity of smoke to canyon rims, roadways, towns, houses, businesses, and sensitive populations d. Other relevant factors 4. Applicants are responsible for compliance with any applicable burn safety requirements and must also obtain applicable fire safety permits. Contact your local fire district or sheriff’s office for fire safety permit information. 5. Forestry Burning is not permitted during burn bans or air pollution episodes, or when the NPT or EPA determines that burning will cause an adverse impact to air quality. 6. The following materials are prohibited: Paper, paper products, or cardboard more than necessary to start a fire unless it is produced at a single-family residence or residential site with four or fewer housing units; garbage; dead animals or parts of dead animals; junked motor vehicles or any materials resulting from a salvage operation; tires or rubber materials or products; plastics, plastic products, or styrofoam; asphalt or asphaltic material (roofing); tar, tarpaper, petroleum products, or paints; lumber or timbers treated with preservatives; construction or demolition waste; pesticides, herbicides, fertilizers, or other chemicals; insulated wire, batteries, or light bulbs; mercury containing materials (thermometers, computers); asbestos or asbestos-containing materials; pathogenic or hazardous wastes; or any material that makes dark smoke or noxious fumes other than vegetative materials. 7. Burning must be conducted in compliance with 40 CFR 49.131 General Open Burning and 49.134 Forestry and Silvicultural Burning Permits. 8. Burning conducted without permission from the NPT ERWA Air Quality Program and/or to follow the FARR permit procedures, terms and conditions are violations of the FARR and the federal Clean Air Act and are subject to penalties up to $59,114 per day of violation. This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2060-0558). Responses to this collection of information are mandatory (40 CFR 49.134). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The public reporting and recordkeeping burden for this collection of information is estimated to average 0.6 hour per response. Send comments on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA Form 7630-2 THIS IS YOUR PERMIT: Keep Available While Burning pg 2 of 4 Form Approved OMB 2060-0558 Approval Expires 11/30/2026 Nez Perce Tribe ERWM - Air Quality Program P. O. Box 365, 163 Lolo Street Lapwai, ID 83540 Phone: 208-843-9381; 800-720-4089 Fax: 208-843-7411 www.nezperce.org airquality@nezperce.org United States Environmental Protection Agency Federal Air Rules for Reservations Region 10, ARD 1200 6th Ave, Ste. 155 Mail Code 15-H13 Seattle, WA 98101-3188 Hotline: 800-424-4EPA www.epa.gov/FARR NEZ PERCE RESERVATION AIR QUALITY PERMIT APPLICATION : FORESTRY BURN Complete this application and submit it at least one business day prior to the proposed burn date. Submit completed permit application to: Nez Perce Tribe, ERWM - Air Quality Program, P.O. Box 365, 163 Lolo Street, Lapwai, Idaho 83540 Phone: 800-720-4089 or 208-843-9381 Fax: 208-843-7411 Contact Information 1. Applicant Name 2. Date 3. Physical Address 4. Primary Phone 5. Mailing Address (if different from above) 6. Additional Phone 7. City, State, Zip Code 8. Fax 9. Landowner Name (if different from above) 10. Person Conducting the Burn (if different from applicant) 11. Phone of Person Conducting the Burn (if different from applicant) Description of Burn Location(s): You may attach an approved burn plan. If one is available, please reference the page numbers where the requested information can be located. 12. 13. Burn Number Township Range 14. 15. 16. Section County 17. Fuel Type/ 18. Fuel Size: 19. Method: A. 0 to 3 inches in diameter B. 3 inches or larger in diameter Number of Acres or Piles (indicate type that applies) I Hand Pile II Machine Pile a. Skidder/Dozer b. Excavator III Broadcast Burn IV Windrow Burn V Other (Specify) Example: 1 35N EPA Form 7630-2 1W 7 Nez Perce II a If both A & B apply, estimate % of each A= 70% B=30% 10 piles 20. 21. Elevation Average Size of Each (in feet) Pile: (Length x Width x Height in feet) 20ft x 20ft x 15ft THIS IS YOUR APPLICATION: Return to the Nez Perce Tribe Air Quality Program 4,300 ft pg 3 of 4 Form Approved OMB 2060-0558 Approval expires 11/30/2026 Burn Information 22. Please locate and identify in the box below: Burn location(s), access roads, highways, houses, businesses or other sensitive areas that could be impacted by the burning to be conducted. Indicate distance and direction. When more than one burn is shown, label the burn using the burn number from page 3 of this application. Attach additional pages as needed to apply for multiple burns. A tract map, GPS map or other similar map may also be used. 23. To receive email notifications of burn bans, air quality advisories, and other periodic NPT Air Quality Program information, please write your email address below: 24. Estimated duration of burn if longer than one day: 25. Fire Safety Methods: Please indicate the measures you will take to prevent escaped burns and smoke danger: water availability hand tool availability heavy equipment availability fire breaks or safety zones flaggers other_______________________ other ___________________________ Applicants must also obtain applicable fire safety permits. Contact your local fire district or sheriff’s office for fire safety permit information. 26. Remarks: APPLICANT’S STATEMENT (To be signed by the applicant) 27. I certify that the information provided as part of this application is true and accurate to the best of my knowledge and that I have read, understand, and agree to abide by the permit’s terms and conditions. Name ___________________________________ Name __________________________________ Date ________ (signature) EPA Form 7630-2 (printed or typed) THIS IS YOUR APPLICATION: Return to the Nez Perce Tribe Air Quality Program pg 4 of 4 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Anez_perce%3Ac0c75c6d3fa0ac71. Public record. Not legal advice.